[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2013 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          Title 40

Protection of Environment


________________________

Part 63 (Sec. Sec.  63.1 to 63.599)

                         Revised as of July 1, 2013

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2013
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as 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........................     791
      Alphabetical List of Agencies Appearing in the CFR......     811
      List of CFR Sections Affected...........................     821

[[Page iv]]





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

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

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

[[Page v]]



                               EXPLANATION

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

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
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    To determine whether a Code volume has been amended since its 
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EFFECTIVE AND EXPIRATION DATES

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OMB CONTROL NUMBERS

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

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
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PAST PROVISIONS OF THE CODE

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``[RESERVED]'' TERMINOLOGY

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INCORPORATION BY REFERENCE

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This material, like any other properly issued regulation, has the force 
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this volume.

[[Page vii]]

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    Charles A. Barth,
    Director,
    Office of the Federal Register.
    July 1, 2013.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-four 
volumes. The parts in these volumes are arranged in the following order: 
Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-
52.2019), part 52 (52.2020-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 87-95, parts 96-99, 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, 2013.

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

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

[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




         (This book contains part 63, Sec. Sec. 63.1 to 63.599)

  --------------------------------------------------------------------
                                                                    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 A_General Provisions

Sec.
63.1 Applicability.
63.2 Definitions.
63.3 Units and abbreviations.
63.4 Prohibited activities and circumvention.
63.5 Preconstruction review and notification requirements.
63.6 Compliance with standards and maintenance requirements.
63.7 Performance testing requirements.
63.8 Monitoring requirements.
63.9 Notification requirements.
63.10 Recordkeeping and reporting requirements.
63.11 Control device and work practice requirements.
63.12 State authority and delegations.
63.13 Addresses of State air pollution control agencies and EPA Regional 
          Offices.
63.14 Incorporations by reference.
63.15 Availability of information and confidentiality.
63.16 Performance Track Provisions.

Table 1 to Subpart A of Part 63--Detection Sensitivity Levels (grams per 
          hour)

 Subpart B_Requirements for Control Technology Determinations for Major 
 Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 
                                 112(j)

63.40 Applicability of Sec. Sec. 63.40 through 63.44.
63.41 Definitions.
63.42 Program requirements governing construction or reconstruction of 
          major sources.
63.43 Maximum achievable control technology (MACT) determinations for 
          constructed and reconstructed major sources.
63.44 Requirements for constructed or reconstructed major sources 
          subject to a subsequently promulgated MACT standard or MACT 
          requirement.
63.45-63.49 [Reserved]
63.50 Applicability.
63.51 Definitions.
63.52 Approval process for new and existing emission units.
63.53 Application content for case-by-case MACT determinations.
63.54 Preconstruction review procedures for new affected sources.
63.55 Maximum achievable control technology (MACT) determinations for 
          affected sources subject to case-by-case determination of 
          equivalent emission limitations.
63.56 Requirements for case-by-case determination of equivalent emission 
          limitations after promulgation of subsequent MACT standard.

                     Tables to Subpart B of Part 63

Table 1 to Subpart B of Part 63--Section 112(j) Part 2 Application Due 
          Dates
Table 2 to Subpart B of Part 63--MON Source Categories

  Subpart C_List of Hazardous Air Pollutants, Petition Process, Lesser 
               Quantity Designations, Source Category List

63.60 Deletion of caprolactam from the list of hazardous air pollutants.
63.61 Deletion of methyl ethyl ketone from the list of hazardous air 
          pollutants.
63.62 Redefinition of glycol ethers listed as hazardous air pollutants.
63.63 Deletion of ethylene glycol monobutyl ether from the list of 
          hazardous air pollutants.
63.64-63.69 [Reserved]

    Subpart D_Regulations Governing Compliance Extensions for Early 
                 Reductions of Hazardous Air Pollutants

63.70 Applicability.
63.71 Definitions.
63.72 General provisions for compliance extensions.
63.73 Source.
63.74 Demonstration of early reduction.
63.75 Enforceable commitments.
63.76 Review of base year emissions.
63.77 Application procedures.
63.78 Early reduction demonstration evaluation.
63.79 Approval of applications.
63.80 Enforcement.
63.81 Rules for special situations.

     Subpart E_Approval of State Programs and Delegation of Federal 
                               Authorities

63.90 Program overview.
63.91 Criteria for straight delegation and criteria common to all 
          approval options.
63.92 Approval of State requirements that adjust a section 112 rule.
63.93 Approval of State requirements that substitute for a section 112 
          rule.
63.94 Approval of State permit terms and conditions that substitute for 
          a section 112 rule.

[[Page 6]]

63.95 Additional approval criteria for accidental release prevention 
          programs.
63.96 Review and withdrawal of approval.
63.97 Approval of a State program that substitutes for section 112 
          requirements.
63.98 [Reserved]
63.99 Delegated Federal authorities.

    Subpart F_National Emission Standards for Organic Hazardous Air 
  Pollutants From the Synthetic Organic Chemical Manufacturing Industry

63.100 Applicability and designation of source.
63.101 Definitions.
63.102 General standards.
63.103 General compliance, reporting, and recordkeeping provisions.
63.104 Heat exchange system requirements.
63.105 Maintenance wastewater requirements.
63.106 Implementation and enforcement.
63.107 Identification of process vents subject to this subpart.

Table 1 to Subpart F of Part 63--Synthetic Organic Chemical 
          Manufacturing Industry Chemicals
Table 2 to Subpart F of Part 63--Organic Hazardous Air Pollutants
Table 3 to Subpart F of Part 63--General Provisions Applicability to 
          Subparts F, G, and H
Table 4 to Subpart F of Part 63--Organic Hazardous Air Pollutants 
          Subject to Cooling Tower Monitoring Requirements in Sec. 
          63.104

    Subpart G_National Emission Standards for Organic Hazardous Air 
 Pollutants From the Synthetic Organic Chemical Manufacturing Industry 
 for Process Vents, Storage Vessels, Transfer Operations, and Wastewater

63.110 Applicability.
63.111 Definitions.
63.112 Emission standard.
63.113 Process vent provisions--reference control technology.
63.114 Process vent provisions--monitoring requirements.
63.115 Process vent provisions--methods and procedures for process vent 
          group determination.
63.116 Process vent provisions--performance test methods and procedures 
          to determine compliance.
63.117 Process vent provisions--reporting and recordkeeping requirements 
          for group and TRE determinations and performance tests.
63.118 Process vent provisions--periodic reporting and recordkeeping 
          requirements.
63.119 Storage vessel provisions--reference control technology.
63.120 Storage vessel provisions--procedures to determine compliance.
63.121 Storage vessel provisions--alternative means of emission 
          limitation.
63.122 Storage vessel provisions--reporting.
63.123 Storage vessel provisions--recordkeeping.
63.124-63.125 [Reserved]
63.126 Transfer operations provisions--reference control technology.
63.127 Transfer operations provisions--monitoring requirements.
63.128 Transfer operations provisions--test methods and procedures.
63.129 Transfer operations provisions--reporting and recordkeeping for 
          performance tests and notification of compliance status.
63.130 Transfer operations provisions--periodic recordkeeping and 
          reporting.
63.131 [Reserved]
63.132 Process wastewater provisions--general.
63.133 Process wastewater provisions--wastewater tanks.
63.134 Process wastewater provisions--surface impoundments.
63.135 Process wastewater provisions--containers.
63.136 Process wastewater provisions--individual drain systems.
63.137 Process wastewater provisions--oil-water separators.
63.138 Process wastewater provisions--performance standards for 
          treatment processes managing Group 1 wastewater streams and/or 
          residuals removed from Group 1 wastewater streams.
63.139 Process wastewater provisions--control devices.
63.140 Process wastewater provisions--delay of repair.
63.141-63.142 [Reserved]
63.143 Process wastewater provisions--inspections and monitoring of 
          operations.
63.144 Process wastewater provisions--test methods and procedures for 
          determining applicability and Group 1/Group 2 determinations 
          (determining which wastewater streams require control).
63.145 Process wastewater provisions--test methods and procedures to 
          determine compliance.
63.146 Process wastewater provisions--reporting.
63.147 Process wastewater provisions--recordkeeping.
63.148 Leak inspection provisions.
63.149 Control requirements for certain liquid streams in open systems 
          within a chemical manufacturing process unit.
63.150 Emissions averaging provisions.
63.151 Initial notification.
63.152 General reporting and continuous records.

[[Page 7]]


Table 1 to Subpart G of Part 63--Process Vents--Coefficients for Total 
          Resource Effectiveness for Existing Source Nonhalogenated and 
          Halogenated Vent Streams
Table 1A to Subpart G of Part 63--Applicable 40 CFR Part 63 General 
          Provisions
Table 2 to Subpart G of Part 63--Process Vents--Coefficients for Total 
          Resource Effectiveness for New Source Nonhalogenated and 
          Halogenated Vent Streams
Table 3 to Subpart G of Part 63--Process Vents--Monitoring, 
          Recordkeeping, and Reporting Requirements for Complying With 
          98 Weight-Percent Reduction of Total Organic Hazardous Air 
          Pollutants Emissions or a Limit of 20 Parts Per Million by 
          Volume
Table 4 to Subpart G of Part 63--Process Vents--Monitoring, 
          Recordkeeping, and Reporting Requirements For Maintaining a 
          TRE Index Value 1.0 and. <=4.0
Table 5 to Subpart G of Part 63--Group 1 Storage Vessels at Existing 
          Sources
Table 6 to Subpart G of Part 63--Group 1 Storage Vessels at New Sources
Table 7 to Subpart G of Part 63--Transfer Operations--Monitoring, 
          Recordkeeping, and Reporting Requirements for Complying With 
          98 Weight-Percent Reduction of Total Organic Hazardous Air 
          Pollutants Emissions or a Limit of 20 Parts Per Million by 
          Volume
Table 8 to Subpart G of Part 63--Organic HAP's Subject to the Wastewater 
          Provisions for Process Units at New Sources
Table 9 to Subpart G of Part 63--Organic HAP's Subject to the Wastewater 
          Provisions for Process Units at New and Existing Sources and 
          Corresponding Fraction Removed (Fr) Values
Table 10 to Subpart G of Part 63--Wastewater--Compliance Options for 
          Wastewater Tanks
Table 11 to Subpart G of Part 63--Wastewater--Inspection and Monitoring 
          Requirements for Waste Management Units
Table 12 to Subpart G of Part 63--Monitoring Requirements for Treatment 
          Processes
Table 13 to Subpart G of Part 63--Wastewater--Monitoring Requirements 
          for Control Devices
Tables 14-14b to Subpart G of Part 63 [Reserved]
Table 15 to Subpart G of Part 63--Wastewater--Information on Table 8 
          and/or Table 9 Compounds To Be Submitted With Notification of 
          Compliance Status for Process Units at New and/or Existing 
          Sources
Table 16 to Subpart G of Part 63 [Reserved]
Table 17 to Subpart G of Part 63--Information for Treatment Processes To 
          Be Submitted With Notification of Compliance Status
Table 18 to Subpart G of Part 63--Information for Waste Management Units 
          To Be Submitted With Notification of Compliance Status
Table 19 to Subpart G of Part 63--Wastewater--Information on Residuals 
          To Be Submitted With Notification of Compliance Status
Table 20 to Subpart G of Part 63--Wastewater--Periodic Reporting 
          Requirements for Control Devices Subject to Sec. 63.139 Used 
          To Comply With Sec. Sec. 63.13 Through 63.139
Table 21 to Subpart G of Part 63--Average Storage Temperature 
          (Ts) as a Function of Tank Paint Color
Table 22 to Subpart G of Part 63--Paint Factors for Fixed Roof Tanks
Table 23 to Subpart G of Part 63--Average Clingage Factors (c)
Table 24 to Subpart G of Part 63--Typical Number of Columns as a 
          Function of Tank Diameter for Internal Floating Roof Tanks 
          With Column Supported Fixed Roofs
Table 25 to Subpart G of Part 63--Effective Column Diameter 
          (Fc)
Table 26 to Subpart G of Part 63--Seal Related Factors for Internal 
          Floating Roof Vessels
Table 27 to Subpart G of Part 63--Summary of Internal Floating Deck 
          Fitting Loss Factors (KF) and Typical Number of 
          Fittings (NF)
Table 28 to Subpart G of Part 63--Deck Seam Length Factors \a\ 
          (SD) for Internal Floating Roof Tanks
Table 29 to Subpart G of Part 63--Seal Related Factors for External 
          Floating Roof Vessels
Table 30 to Subpart G of Part 63--Roof Fitting Loss Factors, 
          KFa, KFb, and m, \a\ and Typical Number 
          of Fittings, NT
Table 31 to Subpart G of Part 63--Typical Number of Vacuum Breakers, 
          NF6 and Roof Drains, \a\ NF7
Table 32 to Subpart G of Part 63--Typical Number of Roof Legs, \a\ 
          NF8
Table 33 to Subpart G of Part 63--Saturation Factors
Table 34 to Subpart G of Part 63--Fraction Measured (Fm) and 
          Fraction Emitted (Fe) For HAP Compounds in 
          Wastewater Streams
Table 35 to Subpart G of Part 63--Control Requirements for Items of 
          Equipment That Meet the Criteria of Sec. 63.149 of Subpart G

[[Page 8]]

Table 36 to Subpart G of Part 63--Compound Lists Used for Compliance 
          Demonstrations for Enhanced Biological Treatment Processes 
          (See Sec. 63.145(h))
Table 37 to Subpart G of Part 63--Default Biorates for List 1 Compounds
Figure 1 to Subpart G of Part 63--Definitions of Terms Used in 
          Wastewater Equations

    Subpart H_National Emission Standards for Organic Hazardous Air 
                     Pollutants for Equipment Leaks

63.160 Applicability and designation of source.
63.161 Definitions.
63.162 Standards: General.
63.163 Standards: Pumps in light liquid service.
63.164 Standards: Compressors.
63.165 Standards: Pressure relief devices in gas/vapor service.
63.166 Standards: Sampling connection systems.
63.167 Standards: Open-ended valves or lines.
63.168 Standards: Valves in gas/vapor service and in light liquid 
          service.
63.169 Standards: Pumps, valves, connectors, and agitators in heavy 
          liquid service; instrumentation systems; and pressure relief 
          devices in liquid service.
63.170 Standards: Surge control vessels and bottoms receivers.
63.171 Standards: Delay of repair.
63.172 Standards: Closed-vent systems and control devices.
63.173 Standards: Agitators in gas/vapor service and in light liquid 
          service.
63.174 Standards: Connectors in gas/vapor service and in light liquid 
          service.
63.175 Quality improvement program for valves.
63.176 Quality improvement program for pumps.
63.177 Alternative means of emission limitation: General.
63.178 Alternative means of emission limitation: Batch processes.
63.179 Alternative means of emission limitation: Enclosed-vented process 
          units.
63.180 Test methods and procedures.
63.181 Recordkeeping requirements.
63.182 Reporting requirements.
63.183 Implementation and enforcement.

Table 1 to Subpart H of Part 63--Batch Processes
Table 2 to Subpart H of Part 63--Surge Control Vessels and Bottoms 
          Receivers at Existing Sources
Table 3 to Subpart H of Part 63--Surge Control Vessels and Bottoms 
          Receivers at New Sources
Table 4 to Subpart H of Part 63--Applicable 40 CFR Part 63 General 
          Provisions

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

63.190 Applicability and designation of source.
63.191 Definitions.
63.192 Standard.
63.193 Implementation and enforcement.

 Subpart J_National Emission Standards for Hazardous Air Pollutants for 
              Polyvinyl Chloride and Copolymers Production

                        What This Subpart Covers

63.210 What is the purpose of this subpart?
63.211 Am I subject to this subpart?
63.212 What parts of my facility does this subpart cover?
63.213 When do I have to comply with this subpart?

                  Standards and Compliance Requirements

63.214 What are the requirements I must comply with?

                   Other Requirements and Information

63.215 What General Provisions apply to me?
63.216 Who administers this subpart?
63.217 What definitions apply to this subpart?

Subpart K [Reserved]

      Subpart L_National Emission Standards for Coke Oven Batteries

63.300 Applicability.
63.301 Definitions.
63.302 Standards for by-product coke oven batteries.
63.303 Standards for nonrecovery coke oven batteries.
63.304 Standards for compliance date extension.
63.305 Alternative standards for coke oven doors equipped with sheds.
63.306 Work practice standards.
63.307 Standards for bypass/bleeder stacks.
63.308 Standards for collecting mains.
63.309 Performance tests and procedures.
63.310 Requirements for startups, shutdowns, and malfunctions.
63.311 Reporting and recordkeeping requirements.
63.312 Existing regulations and requirements.
63.313 Implementation and enforcement.

[[Page 9]]


Appendix A to Subpart L of Part 63--Operating Coke Oven Batteries as of 
          April 1, 1992

  Subpart M_National Perchloroethylene Air Emission Standards for Dry 
                           Cleaning Facilities

63.320 Applicability.
63.321 Definitions.
63.322 Standards.
63.323 Test methods and monitoring.
63.324 Reporting and recordkeeping requirements.
63.325 Determination of equivalent emission control technology.
63.326 Implementation and enforcement.

 Subpart N_National Emission Standards for Chromium Emissions From Hard 
   and Decorative Chromium Electroplating and Chromium Anodizing Tanks

63.340 Applicability and designation of sources.
63.341 Definitions and nomenclature.
63.342 Standards.
63.343 Compliance provisions.
63.344 Performance test requirements and test methods.
63.345 Provisions for new and reconstructed sources.
63.346 Recordkeeping requirements.
63.347 Reporting requirements.
63.348 Implementation and enforcement.

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

     Subpart O_Ethylene Oxide Emissions Standards for Sterilization 
                               Facilities

63.360 Applicability.
63.361 Definitions.
63.362 Standards.
63.363 Compliance and performance testing.
63.364 Monitoring requirements.
63.365 Test methods and procedures.
63.366 Reporting requirements.
63.367 Recordkeeping requirements.
63.368 Implementation and enforcement.

Subpart P [Reserved]

 Subpart Q_National Emission Standards for Hazardous Air Pollutants for 
                    Industrial Process Cooling Towers

63.400 Applicability.
63.401 Definitions.
63.402 Standard.
63.403 Compliance dates.
63.404 Compliance demonstrations.
63.405 Notification requirements.
63.406 Recordkeeping and reporting requirements.
63.407 Implementation and enforcement.

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

    Subpart R_National Emission Standards for Gasoline Distribution 
   Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)

63.420 Applicability.
63.421 Definitions.
63.422 Standards: Loading racks.
63.423 Standards: Storage vessels.
63.424 Standards: Equipment leaks.
63.425 Test methods and procedures.
63.426 Alternative means of emission limitation.
63.427 Continuous monitoring.
63.428 Reporting and recordkeeping.
63.429 Delegation of authority.

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

Subpart S_National Emission Standards for Hazardous Air Pollutants from 
                       the Pulp and Paper Industry

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

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

 Subpart T_National Emission Standards for Halogenated Solvent Cleaning

63.460 Applicability and designation of source.
63.461 Definitions.
63.462 Batch cold cleaning machine standards.
63.463 Batch vapor and in-line cleaning machine standards.
63.464 Alternative standards.
63.465 Test methods.
63.466 Monitoring procedures.
63.467 Recordkeeping requirements.

[[Page 10]]

63.468 Reporting requirements.
63.469 Equivalent methods of control.
63.470 Implementation and enforcement.
63.471 Facility-wide standards.

Appendix A to Subpart T of Part 63--Test of Solvent Cleaning Procedures
Appendix B to Subpart T of Part 63--General Provisions Applicability to 
          Subpart T

   Subpart U_National Emission Standards for Hazardous Air Pollutant 
                 Emissions: Group I Polymers and Resins

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

Table 1 to Subpart U of Part 63--Applicability of General Provisions to 
          Subpart U Affected Sources
Table 2 to Subpart U of Part 63--Applicability of Subparts F, G, & H of 
          This Part to Subpart U Affected Sources
Table 3 to Subpart U of Part 63--Group 1 Storage Vessels at Existing 
          Affected Sources
Table 4 to Subpart U of Part 63--Group 1 Storage Vessels at New Sources
Table 5 to Subpart U of Part 63--Known Organic HAP From the Production 
          of Elastomer Products
Table 6 to Subpart U of Part 63--Group 1 Batch Front-End Process Vents 
          and Aggregate Batch Vent Streams--Monitoring, Recordkeeping, 
          and Reporting Requirements
Table 7 to Subpart U of Part 63--Operating Parameters for Which 
          Monitoring Levels Are Required To Be Established for 
          Continuous and Batch Front-End Process Vents and Aggregate 
          Batch Vent Streams
Table 8 to Subpart U of Part 63--Summary of Compliance Alternative 
          Requirements for the Back-End Process Provisions
Table 9 to Subpart U of Part 63--Routine Reports Required by This 
          Subpart

Subpart V [Reserved]

 Subpart W_National Emission Standards for Hazardous Air Pollutants for 
       Epoxy Resins Production and Non-Nylon Polyamides Production

63.520 Applicability and designation of sources.
63.521 Compliance schedule.
63.522 Definitions.
63.523 Standards for basic liquid resins manufacturers.
63.524 Standards for wet strength resins manufacturers.
63.525 Compliance and performance testing.
63.526 Monitoring requirements.
63.527 Recordkeeping requirements.
63.528 Reporting requirements.
63.529 Implementation and enforcement.

[[Page 11]]


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

Subpart X_National Emission Standards for Hazardous Air Pollutants From 
                         Secondary Lead Smelting

63.541 Applicability.
63.542 Definitions.
63.543 What are my standards for process vents?
63.544 What are my total enclosure standards?
63.545 What are my standards for fugitive dust sources?
63.546 Compliance dates.
63.547 Test methods.
63.548 Monitoring requirements.
63.549 Notification requirements.
63.550 Recordkeeping and reporting requirements.
63.551 Implementation and enforcement.
63.552 Affirmative defense to civil penalties for exceedance of 
          emissions limit during malfunction.

Table 1 to Subpart X of Part 63--General Provisions Applicability to 
          Subpart X
Table 2 to Subpart X of Part 63--Emissions Limits for Secondary Lead 
          Smelting Furnaces
Table 3 to Subpart X of Part 63--Toxic Equivalency Factor

  Subpart Y_National Emission Standards for Marine Tank Vessel Loading 
                               Operations

63.560 Applicability and designation of affected source.
63.561 Definitions.
63.562 Standards.
63.563 Compliance and performance testing.
63.564 Monitoring requirements.
63.565 Test methods and procedures.
63.566 Construction and reconstruction.
63.567 Recordkeeping and reporting requirements.
63.568 Implementation and enforcement.

Subpart Z [Reserved]

63.569-63.599 [Reserved]

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

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



                      Subpart A_General Provisions

    Source: 59 FR 12430, Mar. 16, 1994, unless otherwise noted.



Sec. 63.1  Applicability.

    (a) General. (1) Terms used throughout this part are defined in 
Sec. 63.2 or in the Clean Air Act (Act) as amended in 1990, except that 
individual subparts of this part may include specific definitions in 
addition to or that supersede definitions in Sec. 63.2.
    (2) This part contains national emission standards for hazardous air 
pollutants (NESHAP) established pursuant to section 112 of the Act as 
amended November 15, 1990. These standards regulate specific categories 
of stationary sources that emit (or have the potential to emit) one or 
more hazardous air pollutants listed in this part pursuant to section 
112(b) of the Act. This section explains the applicability of such 
standards to sources affected by them. The standards in this part are 
independent of NESHAP contained in 40 CFR part 61. The NESHAP in part 61 
promulgated by signature of the Administrator before November 15, 1990 
(i.e., the date of enactment of the Clean Air Act Amendments of 1990) 
remain in effect until they are amended, if appropriate, and added to 
this part.
    (3) No emission standard or other requirement established under this 
part shall be interpreted, construed, or applied to diminish or replace 
the requirements of a more stringent emission limitation or other 
applicable requirement established by the Administrator pursuant to 
other authority of the Act (section 111, part C or D or any other 
authority of this Act), or a standard issued under State authority. The 
Administrator may specify in a specific standard under this part that 
facilities subject to other provisions under the Act need only comply 
with the provisions of that standard.
    (4)(i) Each relevant standard in this part 63 must identify 
explicitly whether each provision in this subpart A is or is not 
included in such relevant standard.
    (ii) If a relevant part 63 standard incorporates the requirements of 
40 CFR part 60, part 61 or other part 63 standards, the relevant part 63 
standard must identify explicitly the applicability of each 
corresponding part 60, part 61, or other part 63 subpart A (General) 
provision.
    (iii) The General Provisions in this subpart A do not apply to 
regulations developed pursuant to section 112(r) of the amended Act, 
unless otherwise specified in those regulations.

[[Page 12]]

    (5) [Reserved]
    (6) To obtain the most current list of categories of sources to be 
regulated under section 112 of the Act, or to obtain the most recent 
regulation promulgation schedule established pursuant to section 112(e) 
of the Act, contact the Office of the Director, Emission Standards 
Division, Office of Air Quality Planning and Standards, U.S. EPA (MD-
13), Research Triangle Park, North Carolina 27711.
    (7)-(9) [Reserved]
    (10) For the purposes of this part, time periods specified in days 
shall be measured in calendar days, even if the word ``calendar'' is 
absent, unless otherwise specified in an applicable requirement.
    (11) For the purposes of this part, if an explicit postmark deadline 
is not specified in an applicable requirement for the submittal of a 
notification, application, test plan, report, or other written 
communication to the Administrator, the owner or operator shall postmark 
the submittal on or before the number of days specified in the 
applicable requirement. For example, if a notification must be submitted 
15 days before a particular event is scheduled to take place, the 
notification shall be postmarked on or before 15 days preceding the 
event; likewise, if a notification must be submitted 15 days after a 
particular event takes place, the notification shall be postmarked on or 
before 15 days following the end of the event. The use of reliable non-
Government mail carriers that provide indications of verifiable delivery 
of information required to be submitted to the Administrator, similar to 
the postmark provided by the U.S. Postal Service, or alternative means 
of delivery agreed to by the permitting authority, is acceptable.
    (12) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. 
Procedures governing the implementation of this provision are specified 
in Sec. 63.9(i).
    (b) Initial applicability determination for this part. (1) The 
provisions of this part apply to the owner or operator of any stationary 
source that--
    (i) Emits or has the potential to emit any hazardous air pollutant 
listed in or pursuant to section 112(b) of the Act; and
    (ii) Is subject to any standard, limitation, prohibition, or other 
federally enforceable requirement established pursuant to this part.
    (2) [Reserved]
    (3) An owner or operator of a stationary source who is in the 
relevant source category and who determines that the source is not 
subject to a relevant standard or other requirement established under 
this part must keep a record as specified in Sec. 63.10(b)(3).
    (c) Applicability of this part after a relevant standard has been 
set under this part. (1) If a relevant standard has been established 
under this part, the owner or operator of an affected source must comply 
with the provisions of that standard and of this subpart as provided in 
paragraph (a)(4) of this section.
    (2) Except as provided in Sec. 63.10(b)(3), if a relevant standard 
has been established under this part, the owner or operator of an 
affected source may be required to obtain a title V permit from a 
permitting authority in the State in which the source is located. 
Emission standards promulgated in this part for area sources pursuant to 
section 112(c)(3) of the Act will specify whether--
    (i) States will have the option to exclude area sources affected by 
that standard from the requirement to obtain a title V permit (i.e., the 
standard will exempt the category of area sources altogether from the 
permitting requirement);
    (ii) States will have the option to defer permitting of area sources 
in that category until the Administrator takes rulemaking action to 
determine applicability of the permitting requirements; or
    (iii) If a standard fails to specify what the permitting 
requirements will be for area sources affected by such a standard, then 
area sources that are subject to the standard will be subject

[[Page 13]]

to the requirement to obtain a title V permit without any deferral.
    (3)-(4) [Reserved]
    (5) If an area source that otherwise would be subject to an emission 
standard or other requirement established under this part if it were a 
major source subsequently increases its emissions of hazardous air 
pollutants (or its potential to emit hazardous air pollutants) such that 
the source is a major source that is subject to the emission standard or 
other requirement, such source also shall be subject to the notification 
requirements of this subpart.
    (d) [Reserved]
    (e) If the Administrator promulgates an emission standard under 
section 112(d) or (h) of the Act that is applicable to a source subject 
to an emission limitation by permit established under section 112(j) of 
the Act, and the requirements under the section 112(j) emission 
limitation are substantially as effective as the promulgated emission 
standard, the owner or operator may request the permitting authority to 
revise the source's title V permit to reflect that the emission 
limitation in the permit satisfies the requirements of the promulgated 
emission standard. The process by which the permitting authority 
determines whether the section 112(j) emission limitation is 
substantially as effective as the promulgated emission standard must 
include, consistent with part 70 or 71 of this chapter, the opportunity 
for full public, EPA, and affected State review (including the 
opportunity for EPA's objection) prior to the permit revision being 
finalized. A negative determination by the permitting authority 
constitutes final action for purposes of review and appeal under the 
applicable title V operating permit program.

[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16595, Apr. 5, 2002]



Sec. 63.2  Definitions.

    The terms used in this part are defined in the Act or in this 
section as follows:
    Act means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by 
Pub. L. 101-549, 104 Stat. 2399).
    Actual emissions is defined in subpart D of this part for the 
purpose of granting a compliance extension for an early reduction of 
hazardous air pollutants.
    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative 
(e.g., a State that has been delegated the authority to implement the 
provisions of this part).
    Affected source, for the purposes of this part, means the collection 
of equipment, activities, or both within a single contiguous area and 
under common control that is included in a section 112(c) source 
category or subcategory for which a section 112(d) standard or other 
relevant standard is established pursuant to section 112 of the Act. 
Each relevant standard will define the ``affected source,'' as defined 
in this paragraph unless a different definition is warranted based on a 
published justification as to why this definition would result in 
significant administrative, practical, or implementation problems and 
why the different definition would resolve those problems. The term 
``affected source,'' as used in this part, is separate and distinct from 
any other use of that term in EPA regulations such as those implementing 
title IV of the Act. Affected source may be defined differently for part 
63 than affected facility and stationary source in parts 60 and 61, 
respectively. This definition of ``affected source,'' and the procedures 
for adopting an alternative definition of ``affected source,'' shall 
apply to each section 112(d) standard for which the initial proposed 
rule is signed by the Administrator after June 30, 2002.
    Alternative emission limitation means conditions established 
pursuant to sections 112(i)(5) or 112(i)(6) of the Act by the 
Administrator or by a State with an approved permit program.
    Alternative emission standard means an alternative means of emission 
limitation that, after notice and opportunity for public comment, has 
been demonstrated by an owner or operator to the Administrator's 
satisfaction to achieve a reduction in emissions of any air pollutant at 
least equivalent to the reduction in emissions of such pollutant 
achieved under a relevant design,

[[Page 14]]

equipment, work practice, or operational emission standard, or 
combination thereof, established under this part pursuant to section 
112(h) of the Act.
    Alternative test method means any method of sampling and analyzing 
for an air pollutant that is not a test method in this chapter and that 
has been demonstrated to the Administrator's satisfaction, using Method 
301 in appendix A of this part, to produce results adequate for the 
Administrator's determination that it may be used in place of a test 
method specified in this part.
    Approved permit program means a State permit program approved by the 
Administrator as meeting the requirements of part 70 of this chapter or 
a Federal permit program established in this chapter pursuant to title V 
of the Act (42 U.S.C. 7661).
    Area source means any stationary source of hazardous air pollutants 
that is not a major source as defined in this part.
    Commenced means, with respect to construction or reconstruction of 
an affected source, that an owner or operator has undertaken a 
continuous program of construction or reconstruction or that an owner or 
operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of construction 
or reconstruction.
    Compliance date means the date by which an affected source is 
required to be in compliance with a relevant standard, limitation, 
prohibition, or any federally enforceable requirement established by the 
Administrator (or a State with an approved permit program) pursuant to 
section 112 of the Act.
    Compliance schedule means: (1) In the case of an affected source 
that is in compliance with all applicable requirements established under 
this part, a statement that the source will continue to comply with such 
requirements; or
    (2) In the case of an affected source that is required to comply 
with applicable requirements by a future date, a statement that the 
source will meet such requirements on a timely basis and, if required by 
an applicable requirement, a detailed schedule of the dates by which 
each step toward compliance will be reached; or
    (3) In the case of an affected source not in compliance with all 
applicable requirements established under this part, a schedule of 
remedial measures, including an enforceable sequence of actions or 
operations with milestones and a schedule for the submission of 
certified progress reports, where applicable, leading to compliance with 
a relevant standard, limitation, prohibition, or any federally 
enforceable requirement established pursuant to section 112 of the Act 
for which the affected source is not in compliance. This compliance 
schedule shall resemble and be at least as stringent as that contained 
in any judicial consent decree or administrative order to which the 
source is subject. Any such schedule of compliance shall be supplemental 
to, and shall not sanction noncompliance with, the applicable 
requirements on which it is based.
    Construction means the on-site fabrication, erection, or 
installation of an affected source. Construction does not include the 
removal of all equipment comprising an affected source from an existing 
location and reinstallation of such equipment at a new location. The 
owner or operator of an existing affected source that is relocated may 
elect not to reinstall minor ancillary equipment including, but not 
limited to, piping, ductwork, and valves. However, removal and 
reinstallation of an affected source will be construed as reconstruction 
if it satisfies the criteria for reconstruction as defined in this 
section. The costs of replacing minor ancillary equipment must be 
considered in determining whether the existing affected source is 
reconstructed.
    Continuous emission monitoring system (CEMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this part, used to sample, condition (if 
applicable), analyze, and provide a record of emissions.
    Continuous monitoring system (CMS) is a comprehensive term that may 
include, but is not limited to, continuous emission monitoring systems, 
continuous opacity monitoring systems, continuous parameter monitoring 
systems, or other manual or automatic

[[Page 15]]

monitoring that is used for demonstrating compliance with an applicable 
regulation on a continuous basis as defined by the regulation.
    Continuous opacity monitoring system (COMS) means a continuous 
monitoring system that measures the opacity of emissions.
    Continuous parameter monitoring system means the total equipment 
that may be required to meet the data acquisition and availability 
requirements of this part, used to sample, condition (if applicable), 
analyze, and provide a record of process or control system parameters.
    Effective date means:
    (1) With regard to an emission standard established under this part, 
the date of promulgation in the Federal Register of such standard; or
    (2) With regard to an alternative emission limitation or equivalent 
emission limitation determined by the Administrator (or a State with an 
approved permit program), the date that the alternative emission 
limitation or equivalent emission limitation becomes effective according 
to the provisions of this part.
    Emission standard means a national standard, limitation, 
prohibition, or other regulation promulgated in a subpart of this part 
pursuant to sections 112(d), 112(h), or 112(f) of the Act.
    Emissions averaging is a way to comply with the emission limitations 
specified in a relevant standard, whereby an affected source, if allowed 
under a subpart of this part, may create emission credits by reducing 
emissions from specific points to a level below that required by the 
relevant standard, and those credits are used to offset emissions from 
points that are not controlled to the level required by the relevant 
standard.
    EPA means the United States Environmental Protection Agency.
    Equivalent emission limitation means any maximum achievable control 
technology emission limitation or requirements which are applicable to a 
major source of hazardous air pollutants and are adopted by the 
Administrator (or a State with an approved permit program) on a case-by-
case basis, pursuant to section 112(g) or (j) of the Act.
    Excess emissions and continuous monitoring system performance report 
is a report that must be submitted periodically by an affected source in 
order to provide data on its compliance with relevant emission limits, 
operating parameters, and the performance of its continuous parameter 
monitoring systems.
    Existing source means any affected source that is not a new source.
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator and citizens under the Act or that are 
enforceable under other statutes administered by the Administrator. 
Examples of federally enforceable limitations and conditions include, 
but are not limited to:
    (1) Emission standards, alternative emission standards, alternative 
emission limitations, and equivalent emission limitations established 
pursuant to section 112 of the Act as amended in 1990;
    (2) New source performance standards established pursuant to section 
111 of the Act, and emission standards established pursuant to section 
112 of the Act before it was amended in 1990;
    (3) All terms and conditions in a title V permit, including any 
provisions that limit a source's potential to emit, unless expressly 
designated as not federally enforceable;
    (4) Limitations and conditions that are part of an approved State 
Implementation Plan (SIP) or a Federal Implementation Plan (FIP);
    (5) Limitations and conditions that are part of a Federal 
construction permit issued under 40 CFR 52.21 or any construction permit 
issued under regulations approved by the EPA in accordance with 40 CFR 
part 51;
    (6) Limitations and conditions that are part of an operating permit 
where the permit and the permitting program pursuant to which it was 
issued meet all of the following criteria:
    (i) The operating permit program has been submitted to and approved 
by EPA into a State implementation plan (SIP) under section 110 of the 
CAA;
    (ii) The SIP imposes a legal obligation that operating permit 
holders adhere to the terms and limitations of such permits and provides 
that permits

[[Page 16]]

which do not conform to the operating permit program requirements and 
the requirements of EPA's underlying regulations may be deemed not 
``federally enforceable'' by EPA;
    (iii) The operating permit program requires that all emission 
limitations, controls, and other requirements imposed by such permits 
will be at least as stringent as any other applicable limitations and 
requirements contained in the SIP or enforceable under the SIP, and that 
the program may not issue permits that waive, or make less stringent, 
any limitations or requirements contained in or issued pursuant to the 
SIP, or that are otherwise ``federally enforceable'';
    (iv) The limitations, controls, and requirements in the permit in 
question are permanent, quantifiable, and otherwise enforceable as a 
practical matter; and
    (v) The permit in question was issued only after adequate and timely 
notice and opportunity for comment for EPA and the public.
    (7) Limitations and conditions in a State rule or program that has 
been approved by the EPA under subpart E of this part for the purposes 
of implementing and enforcing section 112; and
    (8) Individual consent agreements that the EPA has legal authority 
to create.
    Fixed capital cost means the capital needed to provide all the 
depreciable components of an existing source.
    Force majeure means, for purposes of Sec. 63.7, an event that will 
be or has been caused by circumstances beyond the control of the 
affected facility, its contractors, or any entity controlled by the 
affected facility that prevents the owner or operator from complying 
with the regulatory requirement to conduct performance tests within the 
specified timeframe despite the affected facility's best efforts to 
fulfill the obligation. Examples of such events are acts of nature, acts 
of war or terrorism, or equipment failure or safety hazard beyond the 
control of the affected facility.
    Fugitive emissions means those emissions from a stationary source 
that could not reasonably pass through a stack, chimney, vent, or other 
functionally equivalent opening. Under section 112 of the Act, all 
fugitive emissions are to be considered in determining whether a 
stationary source is a major source.
    Hazardous air pollutant means any air pollutant listed in or 
pursuant to section 112(b) of the Act.
    Issuance of a part 70 permit will occur, if the State is the 
permitting authority, in accordance with the requirements of part 70 of 
this chapter and the applicable, approved State permit program. When the 
EPA is the permitting authority, issuance of a title V permit occurs 
immediately after the EPA takes final action on the final permit.
    Major source means any stationary source or group of stationary 
sources located within a contiguous area and under common control that 
emits or has the potential to emit considering controls, in the 
aggregate, 10 tons per year or more of any hazardous air pollutant or 25 
tons per year or more of any combination of hazardous air pollutants, 
unless the Administrator establishes a lesser quantity, or in the case 
of radionuclides, different criteria from those specified in this 
sentence.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control and monitoring 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.
    Monitoring means the collection and use of measurement data or other 
information to control the operation of a process or pollution control 
device or to verify a work practice standard relative to assuring 
compliance with applicable requirements. Monitoring is composed of four 
elements:
    (1) Indicator(s) of performance--the parameter or parameters you 
measure or observe for demonstrating proper operation of the pollution 
control measures or compliance with the applicable emissions limitation 
or standard. Indicators of performance may include direct or predicted 
emissions measurements (including opacity), operational

[[Page 17]]

parametric values that correspond to process or control device (and 
capture system) efficiencies or emissions rates, and recorded findings 
of inspection of work practice activities, materials tracking, or design 
characteristics. Indicators may be expressed as a single maximum or 
minimum value, a function of process variables (for example, within a 
range of pressure drops), a particular operational or work practice 
status (for example, a damper position, completion of a waste recovery 
task, materials tracking), or an interdependency between two or among 
more than two variables.
    (2) Measurement techniques--the means by which you gather and record 
information of or about the indicators of performance. The components of 
the measurement technique include the detector type, location and 
installation specifications, inspection procedures, and quality 
assurance and quality control measures. Examples of measurement 
techniques include continuous emission monitoring systems, continuous 
opacity monitoring systems, continuous parametric monitoring systems, 
and manual inspections that include making records of process conditions 
or work practices.
    (3) Monitoring frequency--the number of times you obtain and record 
monitoring data over a specified time interval. Examples of monitoring 
frequencies include at least four points equally spaced for each hour 
for continuous emissions or parametric monitoring systems, at least 
every 10 seconds for continuous opacity monitoring systems, and at least 
once per operating day (or week, month, etc.) for work practice or 
design inspections.
    (4) Averaging time--the period over which you average and use data 
to verify proper operation of the pollution control approach or 
compliance with the emissions limitation or standard. Examples of 
averaging time include a 3-hour average in units of the emissions 
limitation, a 30-day rolling average emissions value, a daily average of 
a control device operational parametric range, and an instantaneous 
alarm.
    New affected source means the collection of equipment, activities, 
or both within a single contiguous area and under common control that is 
included in a section 112(c) source category or subcategory that is 
subject to a section 112(d) or other relevant standard for new sources. 
This definition of ``new affected source,'' and the criteria to be 
utilized in implementing it, shall apply to each section 112(d) standard 
for which the initial proposed rule is signed by the Administrator after 
June 30, 2002. Each relevant standard will define the term ``new 
affected source,'' which will be the same as the ``affected source'' 
unless a different collection is warranted based on consideration of 
factors including:
    (1) Emission reduction impacts of controlling individual sources 
versus groups of sources;
    (2) Cost effectiveness of controlling individual equipment;
    (3) Flexibility to accommodate common control strategies;
    (4) Cost/benefits of emissions averaging;
    (5) Incentives for pollution prevention;
    (6) Feasibility and cost of controlling processes that share common 
equipment (e.g., product recovery devices);
    (7) Feasibility and cost of monitoring; and
    (8) Other relevant factors.
    New source means any affected source the construction or 
reconstruction of which is commenced after the Administrator first 
proposes a relevant emission standard under this part establishing an 
emission standard applicable to such source.
    One-hour period, unless otherwise defined in an applicable subpart, 
means any 60-minute period commencing on the hour.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background. For 
continuous opacity monitoring systems, opacity means the fraction of 
incident light that is attenuated by an optical medium.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises a stationary source.
    Performance audit means a procedure to analyze blind samples, the 
content

[[Page 18]]

of which is known by the Administrator, simultaneously with the analysis 
of performance test samples in order to provide a measure of test data 
quality.
    Performance evaluation means the conduct of relative accuracy 
testing, calibration error testing, and other measurements used in 
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified in 
the performance test section of the relevant standard.
    Permit modification means a change to a title V permit as defined in 
regulations codified in this chapter to implement title V of the Act (42 
U.S.C. 7661).
    Permit program means a comprehensive State operating permit system 
established pursuant to title V of the Act (42 U.S.C. 7661) and 
regulations codified in part 70 of this chapter and applicable State 
regulations, or a comprehensive Federal operating permit system 
established pursuant to title V of the Act and regulations codified in 
this chapter.
    Permit revision means any permit modification or administrative 
permit amendment to a title V permit as defined in regulations codified 
in this chapter to implement title V of the Act (42 U.S.C. 7661).
    Permitting authority means: (1) The State air pollution control 
agency, local agency, other State agency, or other agency authorized by 
the Administrator to carry out a permit program under part 70 of this 
chapter; or
    (2) The Administrator, in the case of EPA-implemented permit 
programs under title V of the Act (42 U.S.C. 7661).
    Pollution Prevention means source reduction as defined under the 
Pollution Prevention Act (42 U.S.C. 13101-13109). The definition is as 
follows:
    (1) Source reduction is any practice that:
    (i) Reduces the amount of any hazardous substance, pollutant, or 
contaminant entering any waste stream or otherwise released into the 
environment (including fugitive emissions) prior to recycling, 
treatment, or disposal; and
    (ii) Reduces the hazards to public health and the environment 
associated with the release of such substances, pollutants, or 
contaminants.
    (2) The term source reduction includes equipment or technology 
modifications, process or procedure modifications, reformulation or 
redesign of products, substitution of raw materials, and improvements in 
housekeeping, maintenance, training, or inventory control.
    (3) The term source reduction does not include any practice that 
alters the physical, chemical, or biological characteristics or the 
volume of a hazardous substance, pollutant, or contaminant through a 
process or activity which itself is not integral to and necessary for 
the production of a product or the providing of a service.
    Potential to emit means the maximum capacity of a stationary source 
to emit a pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of the stationary 
source to emit a pollutant, including air pollution control equipment 
and restrictions on hours of operation or on the type or amount of 
material combusted, stored, or processed, shall be treated as part of 
its design if the limitation or the effect it would have on emissions is 
federally enforceable.
    Reconstruction, unless otherwise defined in a relevant standard, 
means the replacement of components of an affected or a previously 
nonaffected source to such an extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable new source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the relevant standard(s) established by the 
Administrator (or a State) pursuant to section 112 of the Act. Upon 
reconstruction, an affected source, or a stationary source that becomes 
an affected source, is subject to relevant standards for new sources, 
including compliance dates, irrespective of any change in emissions of 
hazardous air pollutants from that source.

[[Page 19]]

    Regulation promulgation schedule means the schedule for the 
promulgation of emission standards under this part, established by the 
Administrator pursuant to section 112(e) of the Act and published in the 
Federal Register.
    Relevant standard means:
    (1) An emission standard;
    (2) An alternative emission standard;
    (3) An alternative emission limitation; or
    (4) An equivalent emission limitation established pursuant to 
section 112 of the Act that applies to the collection of equipment, 
activities, or both regulated by such standard or limitation. A relevant 
standard may include or consist of a design, equipment, work practice, 
or operational requirement, or other measure, process, method, system, 
or technique (including prohibition of emissions) that the Administrator 
(or a State) establishes for new or existing sources to which such 
standard or limitation applies. Every relevant standard established 
pursuant to section 112 of the Act includes subpart A of this part, as 
provided by Sec. 63.1(a)(4), and all applicable appendices of this part 
or of other parts of this chapter that are referenced in that standard.
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice 
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representative is approved 
in advance by the Administrator.
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively.
    (3) For a municipality, State, Federal, or other public agency: 
either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of the EPA).
    (4) For affected sources (as defined in this part) applying for or 
subject to a title V permit: ``responsible official'' shall have the 
same meaning as defined in part 70 or Federal title V regulations in 
this chapter (42 U.S.C. 7661), whichever is applicable.
    Run means one of a series of emission or other measurements needed 
to determine emissions for a representative operating period or cycle as 
specified in this part.
    Shutdown means the cessation of operation of an affected source or 
portion of an affected source for any purpose.
    Six-minute period means, with respect to opacity determinations, any 
one of the 10 equal parts of a 1-hour period.
    Source at a Performance Track member facility means a major or area 
source located at a facility which has been accepted by EPA for 
membership in the Performance Track Program (as described at 
www.epa.gov/PerformanceTrack) and is still a member of the Program. The 
Performance Track Program is a voluntary program that encourages 
continuous environmental improvement through the use of environmental 
management systems, local community outreach, and measurable results.
    Standard conditions means a temperature of 293 K (68 [deg]F) and a 
pressure of 101.3 kilopascals (29.92 in. Hg).
    Startup means the setting in operation of an affected source or 
portion of an affected source for any purpose.
    State means all non-Federal authorities, including local agencies, 
interstate associations, and State-wide programs, that have delegated 
authority to implement: (1) The provisions of this part and/or (2) the 
permit program established under part 70 of this chapter. The term State 
shall have its conventional meaning where clear from the context.
    Stationary source means any building, structure, facility, or 
installation

[[Page 20]]

which emits or may emit any air pollutant.
    Test method means the validated procedure for sampling, preparing, 
and analyzing for an air pollutant specified in a relevant standard as 
the performance test procedure. The test method may include methods 
described in an appendix of this chapter, test methods incorporated by 
reference in this part, or methods validated for an application through 
procedures in Method 301 of appendix A of this part.
    Title V permit means any permit issued, renewed, or revised pursuant 
to Federal or State regulations established to implement title V of the 
Act (42 U.S.C. 7661). A title V permit issued by a State permitting 
authority is called a part 70 permit in this part.
    Visible emission means the observation of an emission of opacity or 
optical density above the threshold of vision.
    Working day means any day on which Federal Government offices (or 
State government offices for a State that has obtained delegation under 
section 112(l)) are open for normal business. Saturdays, Sundays, and 
official Federal (or where delegated, State) holidays are not working 
days.

[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16596, Apr. 5, 2002; 68 
FR 32600, May 30, 2003; 69 FR 21752, Apr. 22, 2004; 72 FR 27443, May 16, 
2007]



Sec. 63.3  Units and abbreviations.

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

A = ampere
g = gram
Hz = hertz
J = joule
[deg]K = degree Kelvin
kg = kilogram
l = liter
m = meter
m\3\ = cubic meter
mg = milligram = 10-3 gram
ml = milliliter = 10-3 liter
mm = millimeter = 10-3 meter
Mg = megagram = 10\6\ gram = metric ton
MJ = megajoule
mol = mole
N = newton
ng = nanogram = 10-9 gram
nm = nanometer = 10-9 meter
Pa = pascal
s = second
V = volt
W = watt
[ohm] = ohm
[micro]g = microgram = 10-6 gram
[micro]l = microliter = 10-6 liter

    (b) Other units of measure:

Btu = British thermal unit
 [deg]C = degree Celsius (centigrade)
cal = calorie
cfm = cubic feet per minute
cc = cubic centimeter
cu ft = cubic feet
d = day
dcf = dry cubic feet
dcm = dry cubic meter
dscf = dry cubic feet at standard conditions
dscm = dry cubic meter at standard conditions
eq = equivalent
 [deg]F degree Fahrenheit
ft = feet
ft\2\ = square feet
ft\3\ = cubic feet
gal = gallon
gr = grain
g-eq = gram equivalent
g-mole = gram mole
hr = hour
in. = inch
in. H2 O = inches of water
K = 1,000
kcal = kilocalorie
lb = pound
lpm = liter per minute
meq = milliequivalent
min = minute
MW = molecular weight
oz = ounces
ppb = parts per billion
ppbw = parts per billion by weight
ppbv = parts per billion by volume
ppm = parts per million
ppmw = parts per million by weight
ppmv = parts per million by volume
psia = pounds per square inch absolute
psig = pounds per square inch gage
[deg]R = degree Rankine
scf = cubic feet at standard conditions
scfh = cubic feet at standard conditions per hour
scm = cubic meter at standard conditions
scmm = cubic meter at standard conditions per minute
sec = second
sq ft = square feet
std = at standard conditions
v/v = volume per volume
yd\2\ = square yards
yr = year

    (c) Miscellaneous:

act = actual
avg = average
I.D. = inside diameter

[[Page 21]]

M = molar
N = normal
O.D. = outside diameter
% = percent

[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]



Sec. 63.4  Prohibited activities and circumvention.

    (a) Prohibited activities. (1) No owner or operator subject to the 
provisions of this part must operate any affected source in violation of 
the requirements of this part. Affected sources subject to and in 
compliance with either an extension of compliance or an exemption from 
compliance are not in violation of the requirements of this part. An 
extension of compliance can be granted by the Administrator under this 
part; by a State with an approved permit program; or by the President 
under section 112(i)(4) of the Act.
    (2) No owner or operator subject to the provisions of this part 
shall fail to keep records, notify, report, or revise reports as 
required under this part.
    (3)-(5) [Reserved]
    (b) Circumvention. No owner or operator subject to the provisions of 
this part shall build, erect, install, or use any article, machine, 
equipment, or process to conceal an emission that would otherwise 
constitute noncompliance with a relevant standard. Such concealment 
includes, but is not limited to--
    (1) The use of diluents to achieve compliance with a relevant 
standard based on the concentration of a pollutant in the effluent 
discharged to the atmosphere;
    (2) The use of gaseous diluents to achieve compliance with a 
relevant standard for visible emissions; and
    (c) Fragmentation. Fragmentation after November 15, 1990 which 
divides ownership of an operation, within the same facility among 
various owners where there is no real change in control, will not affect 
applicability. The owner and operator must not use fragmentation or 
phasing of reconstruction activities (i.e., intentionally dividing 
reconstruction into multiple parts for purposes of avoiding new source 
requirements) to avoid becoming subject to new source requirements.

[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]



Sec. 63.5  Preconstruction review and notification requirements.

    (a) Applicability. (1) This section implements the preconstruction 
review requirements of section 112(i)(1). After the effective date of a 
relevant standard, promulgated pursuant to section 112(d), (f), or (h) 
of the Act, under this part, the preconstruction review requirements in 
this section apply to the owner or operator of new affected sources and 
reconstructed affected sources that are major-emitting as specified in 
this section. New and reconstructed affected sources that commence 
construction or reconstruction before the effective date of a relevant 
standard are not subject to the preconstruction review requirements 
specified in paragraphs (b)(3), (d), and (e) of this section.
    (2) This section includes notification requirements for new affected 
sources and reconstructed affected sources that are not major-emitting 
affected sources and that are or become subject to a relevant 
promulgated emission standard after the effective date of a relevant 
standard promulgated under this part.
    (b) Requirements for existing, newly constructed, and reconstructed 
sources. (1) A new affected source for which construction commences 
after proposal of a relevant standard is subject to relevant standards 
for new affected sources, including compliance dates. An affected source 
for which reconstruction commences after proposal of a relevant standard 
is subject to relevant standards for new sources, including compliance 
dates, irrespective of any change in emissions of hazardous air 
pollutants from that source.
    (2) [Reserved]
    (3) After the effective date of any relevant standard promulgated by 
the Administrator under this part, no person may, without obtaining 
written approval in advance from the Administrator in accordance with 
the procedures specified in paragraphs (d) and (e) of this section, do 
any of the following:

[[Page 22]]

    (i) Construct a new affected source that is major-emitting and 
subject to such standard;
    (ii) Reconstruct an affected source that is major-emitting and 
subject to such standard; or
    (iii) Reconstruct a major source such that the source becomes an 
affected source that is major-emitting and subject to the standard.
    (4) After the effective date of any relevant standard promulgated by 
the Administrator under this part, an owner or operator who constructs a 
new affected source that is not major-emitting or reconstructs an 
affected source that is not major-emitting that is subject to such 
standard, or reconstructs a source such that the source becomes an 
affected source subject to the standard, must notify the Administrator 
of the intended construction or reconstruction. The notification must be 
submitted in accordance with the procedures in Sec. 63.9(b).
    (5) [Reserved]
    (6) After the effective date of any relevant standard promulgated by 
the Administrator under this part, equipment added (or a process change) 
to an affected source that is within the scope of the definition of 
affected source under the relevant standard must be considered part of 
the affected source and subject to all provisions of the relevant 
standard established for that affected source.
    (c) [Reserved]
    (d) Application for approval of construction or reconstruction. The 
provisions of this paragraph implement section 112(i)(1) of the Act.
    (1) General application requirements. (i) An owner or operator who 
is subject to the requirements of paragraph (b)(3) of this section must 
submit to the Administrator an application for approval of the 
construction or reconstruction. The application must be submitted as 
soon as practicable before actual construction or reconstruction begins. 
The application for approval of construction or reconstruction may be 
used to fulfill the initial notification requirements of Sec. 
63.9(b)(5). The owner or operator may submit the application for 
approval well in advance of the date actual construction or 
reconstruction begins in order to ensure a timely review by the 
Administrator and that the planned date to begin will not be delayed.
    (ii) A separate application shall be submitted for each construction 
or reconstruction. Each application for approval of construction or 
reconstruction shall include at a minimum:
    (A) The applicant's name and address;
    (B) A notification of intention to construct a new major affected 
source or make any physical or operational change to a major affected 
source that may meet or has been determined to meet the criteria for a 
reconstruction, as defined in Sec. 63.2 or in the relevant standard;
    (C) The address (i.e., physical location) or proposed address of the 
source;
    (D) An identification of the relevant standard that is the basis of 
the application;
    (E) The expected date of the beginning of actual construction or 
reconstruction;
    (F) The expected completion date of the construction or 
reconstruction;
    (G) [Reserved]
    (H) The type and quantity of hazardous air pollutants emitted by the 
source, reported in units and averaging times and in accordance with the 
test methods specified in the relevant standard, or if actual emissions 
data are not yet available, an estimate of the type and quantity of 
hazardous air pollutants expected to be emitted by the source reported 
in units and averaging times specified in the relevant standard. The 
owner or operator may submit percent reduction information if a relevant 
standard is established in terms of percent reduction. However, 
operating parameters, such as flow rate, shall be included in the 
submission to the extent that they demonstrate performance and 
compliance; and
    (I) [Reserved]
    (J) Other information as specified in paragraphs (d)(2) and (d)(3) 
of this section.
    (iii) An owner or operator who submits estimates or preliminary 
information in place of the actual emissions data and analysis required 
in paragraphs (d)(1)(ii)(H) and (d)(2) of this

[[Page 23]]

section shall submit the actual, measured emissions data and other 
correct information as soon as available but no later than with the 
notification of compliance status required in Sec. 63.9(h) (see Sec. 
63.9(h)(5)).
    (2) Application for approval of construction. Each application for 
approval of construction must include, in addition to the information 
required in paragraph (d)(1)(ii) of this section, technical information 
describing the proposed nature, size, design, operating design capacity, 
and method of operation of the source, including an identification of 
each type of emission point for each type of hazardous air pollutant 
that is emitted (or could reasonably be anticipated to be emitted) and a 
description of the planned air pollution control system (equipment or 
method) for each emission point. The description of the equipment to be 
used for the control of emissions must include each control device for 
each hazardous air pollutant and the estimated control efficiency 
(percent) for each control device. The description of the method to be 
used for the control of emissions must include an estimated control 
efficiency (percent) for that method. Such technical information must 
include calculations of emission estimates in sufficient detail to 
permit assessment of the validity of the calculations.
    (3) Application for approval of reconstruction. Each application for 
approval of reconstruction shall include, in addition to the information 
required in paragraph (d)(1)(ii) of this section--
    (i) A brief description of the affected source and the components 
that are to be replaced;
    (ii) A description of present and proposed emission control systems 
(i.e., equipment or methods). The description of the equipment to be 
used for the control of emissions shall include each control device for 
each hazardous air pollutant and the estimated control efficiency 
(percent) for each control device. The description of the method to be 
used for the control of emissions shall include an estimated control 
efficiency (percent) for that method. Such technical information shall 
include calculations of emission estimates in sufficient detail to 
permit assessment of the validity of the calculations;
    (iii) An estimate of the fixed capital cost of the replacements and 
of constructing a comparable entirely new source;
    (iv) The estimated life of the affected source after the 
replacements; and
    (v) A discussion of any economic or technical limitations the source 
may have in complying with relevant standards or other requirements 
after the proposed replacements. The discussion shall be sufficiently 
detailed to demonstrate to the Administrator's satisfaction that the 
technical or economic limitations affect the source's ability to comply 
with the relevant standard and how they do so.
    (vi) If in the application for approval of reconstruction the owner 
or operator designates the affected source as a reconstructed source and 
declares that there are no economic or technical limitations to prevent 
the source from complying with all relevant standards or other 
requirements, the owner or operator need not submit the information 
required in paragraphs (d)(3)(iii) through (d)(3)(v) of this section.
    (4) Additional information. The Administrator may request additional 
relevant information after the submittal of an application for approval 
of construction or reconstruction.
    (e) Approval of construction or reconstruction. (1)(i) If the 
Administrator determines that, if properly constructed, or 
reconstructed, and operated, a new or existing source for which an 
application under paragraph (d) of this section was submitted will not 
cause emissions in violation of the relevant standard(s) and any other 
federally enforceable requirements, the Administrator will approve the 
construction or reconstruction.
    (ii) In addition, in the case of reconstruction, the Administrator's 
determination under this paragraph will be based on:
    (A) The fixed capital cost of the replacements in comparison to the 
fixed capital cost that would be required to construct a comparable 
entirely new source;
    (B) The estimated life of the source after the replacements compared 
to the

[[Page 24]]

life of a comparable entirely new source;
    (C) The extent to which the components being replaced cause or 
contribute to the emissions from the source; and
    (D) Any economic or technical limitations on compliance with 
relevant standards that are inherent in the proposed replacements.
    (2)(i) The Administrator will notify the owner or operator in 
writing of approval or intention to deny approval of construction or 
reconstruction within 60 calendar days after receipt of sufficient 
information to evaluate an application submitted under paragraph (d) of 
this section. The 60-day approval or denial period will begin after the 
owner or operator has been notified in writing that his/her application 
is complete. The Administrator will notify the owner or operator in 
writing of the status of his/her application, that is, whether the 
application contains sufficient information to make a determination, 
within 30 calendar days after receipt of the original application and 
within 30 calendar days after receipt of any supplementary information 
that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 30 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (3) Before denying any application for approval of construction or 
reconstruction, the Administrator will notify the applicant of the 
Administrator's intention to issue the denial together with--
    (i) Notice of the information and findings on which the intended 
denial is based; and
    (ii) Notice of opportunity for the applicant to present, in writing, 
within 30 calendar days after he/she is notified of the intended denial, 
additional information or arguments to the Administrator to enable 
further action on the application.
    (4) A final determination to deny any application for approval will 
be in writing and will specify the grounds on which the denial is based. 
The final determination will be made within 60 calendar days of 
presentation of additional information or arguments (if the application 
is complete), or within 60 calendar days after the final date specified 
for presentation if no presentation is made.
    (5) Neither the submission of an application for approval nor the 
Administrator's approval of construction or reconstruction shall--
    (i) Relieve an owner or operator of legal responsibility for 
compliance with any applicable provisions of this part or with any other 
applicable Federal, State, or local requirement; or
    (ii) Prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.
    (f) Approval of construction or reconstruction based on prior State 
preconstruction review. (1) Preconstruction review procedures that a 
State utilizes for other purposes may also be utilized for purposes of 
this section if the procedures are substantially equivalent to those 
specified in this section. The Administrator will approve an application 
for construction or reconstruction specified in paragraphs (b)(3) and 
(d) of this section if the owner or operator of a new affected source or 
reconstructed affected source, who is subject to such requirement meets 
the following conditions:
    (i) The owner or operator of the new affected source or 
reconstructed affected source has undergone a preconstruction review and 
approval process in the State in which the source is (or would be) 
located and has received a federally enforceable construction permit 
that contains a finding that the source will meet the relevant 
promulgated emission standard, if the source is properly built and 
operated.
    (ii) Provide a statement from the State or other evidence (such as 
State regulations) that it considered the factors specified in paragraph 
(e)(1) of this section.
    (2) The owner or operator must submit to the Administrator the 
request

[[Page 25]]

for approval of construction or reconstruction under this paragraph 
(f)(2) no later than the application deadline specified in paragraph 
(d)(1) of this section (see also Sec. 63.9(b)(2)). The owner or 
operator must include in the request information sufficient for the 
Administrator's determination. The Administrator will evaluate the owner 
or operator's request in accordance with the procedures specified in 
paragraph (e) of this section. The Administrator may request additional 
relevant information after the submittal of a request for approval of 
construction or reconstruction under this paragraph (f)(2).

[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]



Sec. 63.6  Compliance with standards and maintenance requirements.

    (a) Applicability. (1) The requirements in this section apply to the 
owner or operator of affected sources for which any relevant standard 
has been established pursuant to section 112 of the Act and the 
applicability of such requirements is set out in accordance with Sec. 
63.1(a)(4) unless--
    (i) The Administrator (or a State with an approved permit program) 
has granted an extension of compliance consistent with paragraph (i) of 
this section; or
    (ii) The President has granted an exemption from compliance with any 
relevant standard in accordance with section 112(i)(4) of the Act.
    (2) If an area source that otherwise would be subject to an emission 
standard or other requirement established under this part if it were a 
major source subsequently increases its emissions of hazardous air 
pollutants (or its potential to emit hazardous air pollutants) such that 
the source is a major source, such source shall be subject to the 
relevant emission standard or other requirement.
    (b) Compliance dates for new and reconstructed sources. (1) Except 
as specified in paragraphs (b)(3) and (4) of this section, the owner or 
operator of a new or reconstructed affected source for which 
construction or reconstruction commences after proposal of a relevant 
standard that has an initial startup before the effective date of a 
relevant standard established under this part pursuant to section 
112(d), (f), or (h) of the Act must comply with such standard not later 
than the standard's effective date.
    (2) Except as specified in paragraphs (b)(3) and (4) of this 
section, the owner or operator of a new or reconstructed affected source 
that has an initial startup after the effective date of a relevant 
standard established under this part pursuant to section 112(d), (f), or 
(h) of the Act must comply with such standard upon startup of the 
source.
    (3) The owner or operator of an affected source for which 
construction or reconstruction is commenced after the proposal date of a 
relevant standard established under this part pursuant to section 
112(d), 112(f), or 112(h) of the Act but before the effective date (that 
is, promulgation) of such standard shall comply with the relevant 
emission standard not later than the date 3 years after the effective 
date if:
    (i) The promulgated standard (that is, the relevant standard) is 
more stringent than the proposed standard; for purposes of this 
paragraph, a finding that controls or compliance methods are ``more 
stringent'' must include control technologies or performance criteria 
and compliance or compliance assurance methods that are different but 
are substantially equivalent to those required by the promulgated rule, 
as determined by the Administrator (or his or her authorized 
representative); and
    (ii) The owner or operator complies with the standard as proposed 
during the 3-year period immediately after the effective date.
    (4) The owner or operator of an affected source for which 
construction or reconstruction is commenced after the proposal date of a 
relevant standard established pursuant to section 112(d) of the Act but 
before the proposal date of a relevant standard established pursuant to 
section 112(f) shall not be required to comply with the section 112(f) 
emission standard until the date 10 years after the date construction or 
reconstruction is commenced, except that, if the section 112(f) standard 
is promulgated more than 10 years after construction or reconstruction 
is commenced, the owner or operator must comply with the standard as 
provided

[[Page 26]]

in paragraphs (b)(1) and (2) of this section.
    (5) The owner or operator of a new source that is subject to the 
compliance requirements of paragraph (b)(3) or (4) of this section must 
notify the Administrator in accordance with Sec. 63.9(d)
    (6) [Reserved]
    (7) When an area source becomes a major source by the addition of 
equipment or operations that meet the definition of new affected source 
in the relevant standard, the portion of the existing facility that is a 
new affected source must comply with all requirements of that standard 
applicable to new sources. The source owner or operator must comply with 
the relevant standard upon startup.
    (c) Compliance dates for existing sources. (1) After the effective 
date of a relevant standard established under this part pursuant to 
section 112(d) or 112(h) of the Act, the owner or operator of an 
existing source shall comply with such standard by the compliance date 
established by the Administrator in the applicable subpart(s) of this 
part. Except as otherwise provided for in section 112 of the Act, in no 
case will the compliance date established for an existing source in an 
applicable subpart of this part exceed 3 years after the effective date 
of such standard.
    (2) If an existing source is subject to a standard established under 
this part pursuant to section 112(f) of the Act, the owner or operator 
must comply with the standard by the date 90 days after the standard's 
effective date, or by the date specified in an extension granted to the 
source by the Administrator under paragraph (i)(4)(ii) of this section, 
whichever is later.
    (3)-(4) [Reserved]
    (5) Except as provided in paragraph (b)(7) of this section, the 
owner or operator of an area source that increases its emissions of (or 
its potential to emit) hazardous air pollutants such that the source 
becomes a major source shall be subject to relevant standards for 
existing sources. Such sources must comply by the date specified in the 
standards for existing area sources that become major sources. If no 
such compliance date is specified in the standards, the source shall 
have a period of time to comply with the relevant emission standard that 
is equivalent to the compliance period specified in the relevant 
standard for existing sources in existence at the time the standard 
becomes effective.
    (d) [Reserved]
    (e) Operation and maintenance requirements. (1)(i) At all times, 
including periods of startup, shutdown, and malfunction, the owner or 
operator must operate and maintain any affected source, including 
associated air pollution control equipment and monitoring equipment, in 
a manner consistent with safety and good air pollution control practices 
for minimizing emissions. During a period of startup, shutdown, or 
malfunction, this general duty to minimize emissions requires that the 
owner or operator reduce emissions from the affected source to the 
greatest extent which is consistent with safety and good air pollution 
control practices. The general duty to minimize emissions during a 
period of startup, shutdown, or malfunction does not require the owner 
or operator to achieve emission levels that would be required by the 
applicable standard at other times if this is not consistent with safety 
and good air pollution control practices, nor does it require the owner 
or operator to make any further efforts to reduce emissions if levels 
required by the applicable standard have been achieved. Determination of 
whether such operation and maintenance procedures are being used will be 
based on information available to the Administrator which may include, 
but is not limited to, monitoring results, review of operation and 
maintenance procedures (including the startup, shutdown, and malfunction 
plan required in paragraph (e)(3) of this section), review of operation 
and maintenance records, and inspection of the source.
    (ii) Malfunctions must be corrected as soon as practicable after 
their occurrence. To the extent that an unexpected event arises during a 
startup, shutdown, or malfunction, an owner or operator must comply by 
minimizing emissions during such a startup, shutdown, and malfunction 
event consistent with safety and good air pollution control practices.

[[Page 27]]

    (iii) Operation and maintenance requirements established pursuant to 
section 112 of the Act are enforceable independent of emissions 
limitations or other requirements in relevant standards.
    (2) [Reserved]
    (3) Startup, shutdown, and malfunction plan. (i) The owner or 
operator of an affected source must develop a written startup, shutdown, 
and malfunction plan that describes, in detail, procedures for operating 
and maintaining the source during periods of startup, shutdown, and 
malfunction; and a program of corrective action for malfunctioning 
process, air pollution control, and monitoring equipment used to comply 
with the relevant standard. The startup, shutdown, and malfunction plan 
does not need to address any scenario that would not cause the source to 
exceed an applicable emission limitation in the relevant standard. This 
plan must be developed by the owner or operator by the source's 
compliance date for that relevant standard. The purpose of the startup, 
shutdown, and malfunction plan is to--
    (A) Ensure that, at all times, the owner or operator operates and 
maintains each affected source, including associated air pollution 
control and monitoring equipment, in a manner which satisfies the 
general duty to minimize emissions established by paragraph (e)(1)(i) of 
this section;
    (B) Ensure that owners or operators are prepared to correct 
malfunctions as soon as practicable after their occurrence in order to 
minimize excess emissions of hazardous air pollutants; and
    (C) Reduce the reporting burden associated with periods of startup, 
shutdown, and malfunction (including corrective action taken to restore 
malfunctioning process and air pollution control equipment to its normal 
or usual manner of operation).
    (ii) [Reserved]
    (iii) When actions taken by the owner or operator during a startup 
or shutdown (and the startup or shutdown causes the source to exceed any 
applicable emission limitation in the relevant emission standards), or 
malfunction (including actions taken to correct a malfunction) are 
consistent with the procedures specified in the affected source's 
startup, shutdown, and malfunction plan, the owner or operator must keep 
records for that event which demonstrate that the procedures specified 
in the plan were followed. These records may take the form of a 
``checklist,'' or other effective form of recordkeeping that confirms 
conformance with the startup, shutdown, and malfunction plan and 
describes the actions taken for that event. In addition, the owner or 
operator must keep records of these events as specified in paragraph 
63.10(b), including records of the occurrence and duration of each 
startup or shutdown (if the startup or shutdown causes the source to 
exceed any applicable emission limitation in the relevant emission 
standards), or malfunction of operation and each malfunction of the air 
pollution control and monitoring equipment. Furthermore, the owner or 
operator shall confirm that actions taken during the relevant reporting 
period during periods of startup, shutdown, and malfunction were 
consistent with the affected source's startup, shutdown and malfunction 
plan in the semiannual (or more frequent) startup, shutdown, and 
malfunction report required in Sec. 63.10(d)(5).
    (iv) If an action taken by the owner or operator during a startup, 
shutdown, or malfunction (including an action taken to correct a 
malfunction) is not consistent with the procedures specified in the 
affected source's startup, shutdown, and malfunction plan, and the 
source exceeds any applicable emission limitation in the relevant 
emission standard, then the owner or operator must record the actions 
taken for that event and must report such actions within 2 working days 
after commencing actions inconsistent with the plan, followed by a 
letter within 7 working days after the end of the event, in accordance 
with Sec. 63.10(d)(5) (unless the owner or operator makes alternative 
reporting arrangements, in advance, with the Administrator).
    (v) The owner or operator must maintain at the affected source a 
current startup, shutdown, and malfunction plan and must make the plan 
available upon request for inspection and copying by the Administrator. 
In addition,

[[Page 28]]

if the startup, shutdown, and malfunction plan is subsequently revised 
as provided in paragraph (e)(3)(viii) of this section, the owner or 
operator must maintain at the affected source each previous (i.e., 
superseded) version of the startup, shutdown, and malfunction plan, and 
must make each such previous version available for inspection and 
copying by the Administrator for a period of 5 years after revision of 
the plan. If at any time after adoption of a startup, shutdown, and 
malfunction plan the affected source ceases operation or is otherwise no 
longer subject to the provisions of this part, the owner or operator 
must retain a copy of the most recent plan for 5 years from the date the 
source ceases operation or is no longer subject to this part and must 
make the plan available upon request for inspection and copying by the 
Administrator. The Administrator may at any time request in writing that 
the owner or operator submit a copy of any startup, shutdown, and 
malfunction plan (or a portion thereof) which is maintained at the 
affected source or in the possession of the owner or operator. Upon 
receipt of such a request, the owner or operator must promptly submit a 
copy of the requested plan (or a portion thereof) to the Administrator. 
The owner or operator may elect to submit the required copy of any 
startup, shutdown, and malfunction plan to the Administrator in an 
electronic format. If the owner or operator claims that any portion of 
such a startup, shutdown, and malfunction plan is confidential business 
information entitled to protection from disclosure under section 114(c) 
of the Act or 40 CFR 2.301, the material which is claimed as 
confidential must be clearly designated in the submission.
    (vi) To satisfy the requirements of this section to develop a 
startup, shutdown, and malfunction plan, the owner or operator may use 
the affected source's standard operating procedures (SOP) manual, or an 
Occupational Safety and Health Administration (OSHA) or other plan, 
provided the alternative plans meet all the requirements of this section 
and are made available for inspection or submitted when requested by the 
Administrator.
    (vii) Based on the results of a determination made under paragraph 
(e)(1)(i) of this section, the Administrator may require that an owner 
or operator of an affected source make changes to the startup, shutdown, 
and malfunction plan for that source. The Administrator must require 
appropriate revisions to a startup, shutdown, and malfunction plan, if 
the Administrator finds that the plan:
    (A) Does not address a startup, shutdown, or malfunction event that 
has occurred;
    (B) Fails to provide for the operation of the source (including 
associated air pollution control and monitoring equipment) during a 
startup, shutdown, or malfunction event in a manner consistent with the 
general duty to minimize emissions established by paragraph (e)(1)(i) of 
this section;
    (C) Does not provide adequate procedures for correcting 
malfunctioning process and/or air pollution control and monitoring 
equipment as quickly as practicable; or
    (D) Includes an event that does not meet the definition of startup, 
shutdown, or malfunction listed in Sec. 63.2.
    (viii) The owner or operator may periodically revise the startup, 
shutdown, and malfunction plan for the affected source as necessary to 
satisfy the requirements of this part or to reflect changes in equipment 
or procedures at the affected source. Unless the permitting authority 
provides otherwise, the owner or operator may make such revisions to the 
startup, shutdown, and malfunction plan without prior approval by the 
Administrator or the permitting authority. However, each such revision 
to a startup, shutdown, and malfunction plan must be reported in the 
semiannual report required by Sec. 63.10(d)(5). If the startup, 
shutdown, and malfunction plan fails to address or inadequately 
addresses an event that meets the characteristics of a malfunction but 
was not included in the startup, shutdown, and malfunction plan at the 
time the owner or operator developed the plan, the owner or operator 
must revise the startup, shutdown, and malfunction plan within 45 days 
after the event to include detailed

[[Page 29]]

procedures for operating and maintaining the source during similar 
malfunction events and a program of corrective action for similar 
malfunctions of process or air pollution control and monitoring 
equipment. In the event that the owner or operator makes any revision to 
the startup, shutdown, and malfunction plan which alters the scope of 
the activities at the source which are deemed to be a startup, shutdown, 
or malfunction, or otherwise modifies the applicability of any emission 
limit, work practice requirement, or other requirement in a standard 
established under this part, the revised plan shall not take effect 
until after the owner or operator has provided a written notice 
describing the revision to the permitting authority.
    (ix) The title V permit for an affected source must require that the 
owner or operator develop a startup, shutdown, and malfunction plan 
which conforms to the provisions of this part, but may do so by citing 
to the relevant subpart or subparagraphs of paragraph (e) of this 
section. However, any revisions made to the startup, shutdown, and 
malfunction plan in accordance with the procedures established by this 
part shall not be deemed to constitute permit revisions under part 70 or 
part 71 of this chapter and the elements of the startup, shutdown, and 
malfunction plan shall not be considered an applicable requirement as 
defined in Sec. 70.2 and Sec. 71.2 of this chapter. Moreover, none of 
the procedures specified by the startup, shutdown, and malfunction plan 
for an affected source shall be deemed to fall within the permit shield 
provision in section 504(f) of the Act.
    (f) Compliance with nonopacity emission standards--(1) 
Applicability. The non-opacity emission standards set forth in this part 
shall apply at all times except during periods of startup, shutdown, and 
malfunction, and as otherwise specified in an applicable subpart. If a 
startup, shutdown, or malfunction of one portion of an affected source 
does not affect the ability of particular emission points within other 
portions of the affected source to comply with the non-opacity emission 
standards set forth in this part, then that emission point must still be 
required to comply with the non-opacity emission standards and other 
applicable requirements.
    (2) Methods for determining compliance. (i) The Administrator will 
determine compliance with nonopacity emission standards in this part 
based on the results of performance tests conducted according to the 
procedures in Sec. 63.7, unless otherwise specified in an applicable 
subpart of this part.
    (ii) The Administrator will determine compliance with nonopacity 
emission standards in this part by evaluation of an owner or operator's 
conformance with operation and maintenance requirements, including the 
evaluation of monitoring data, as specified in Sec. 63.6(e) and 
applicable subparts of this part.
    (iii) If an affected source conducts performance testing at startup 
to obtain an operating permit in the State in which the source is 
located, the results of such testing may be used to demonstrate 
compliance with a relevant standard if--
    (A) The performance test was conducted within a reasonable amount of 
time before an initial performance test is required to be conducted 
under the relevant standard;
    (B) The performance test was conducted under representative 
operating conditions for the source;
    (C) The performance test was conducted and the resulting data were 
reduced using EPA-approved test methods and procedures, as specified in 
Sec. 63.7(e) of this subpart; and
    (D) The performance test was appropriately quality-assured, as 
specified in Sec. 63.7(c).
    (iv) The Administrator will determine compliance with design, 
equipment, work practice, or operational emission standards in this part 
by review of records, inspection of the source, and other procedures 
specified in applicable subparts of this part.
    (v) The Administrator will determine compliance with design, 
equipment, work practice, or operational emission standards in this part 
by evaluation of an owner or operator's conformance with operation and 
maintenance requirements, as specified in paragraph (e) of this section 
and applicable subparts of this part.
    (3) Finding of compliance. The Administrator will make a finding 
concerning

[[Page 30]]

an affected source's compliance with a non-opacity emission standard, as 
specified in paragraphs (f)(1) and (2) of this section, upon obtaining 
all the compliance information required by the relevant standard 
(including the written reports of performance test results, monitoring 
results, and other information, if applicable), and information 
available to the Administrator pursuant to paragraph (e)(1)(i) of this 
section.
    (g) Use of an alternative nonopacity emission standard. (1) If, in 
the Administrator's judgment, an owner or operator of an affected source 
has established that an alternative means of emission limitation will 
achieve a reduction in emissions of a hazardous air pollutant from an 
affected source at least equivalent to the reduction in emissions of 
that pollutant from that source achieved under any design, equipment, 
work practice, or operational emission standard, or combination thereof, 
established under this part pursuant to section 112(h) of the Act, the 
Administrator will publish in the Federal Register a notice permitting 
the use of the alternative emission standard for purposes of compliance 
with the promulgated standard. Any Federal Register notice under this 
paragraph shall be published only after the public is notified and given 
the opportunity to comment. Such notice will restrict the permission to 
the stationary source(s) or category(ies) of sources from which the 
alternative emission standard will achieve equivalent emission 
reductions. The Administrator will condition permission in such notice 
on requirements to assure the proper operation and maintenance of 
equipment and practices required for compliance with the alternative 
emission standard and other requirements, including appropriate quality 
assurance and quality control requirements, that are deemed necessary.
    (2) An owner or operator requesting permission under this paragraph 
shall, unless otherwise specified in an applicable subpart, submit a 
proposed test plan or the results of testing and monitoring in 
accordance with Sec. 63.7 and Sec. 63.8, a description of the 
procedures followed in testing or monitoring, and a description of 
pertinent conditions during testing or monitoring. Any testing or 
monitoring conducted to request permission to use an alternative 
nonopacity emission standard shall be appropriately quality assured and 
quality controlled, as specified in Sec. 63.7 and Sec. 63.8.
    (3) The Administrator may establish general procedures in an 
applicable subpart that accomplish the requirements of paragraphs (g)(1) 
and (g)(2) of this section.
    (h) Compliance with opacity and visible emission standards--(1) 
Applicability. The opacity and visible emission standards set forth in 
this part must apply at all times except during periods of startup, 
shutdown, and malfunction, and as otherwise specified in an applicable 
subpart. If a startup, shutdown, or malfunction of one portion of an 
affected source does not affect the ability of particular emission 
points within other portions of the affected source to comply with the 
opacity and visible emission standards set forth in this part, then that 
emission point shall still be required to comply with the opacity and 
visible emission standards and other applicable requirements.
    (2) Methods for determining compliance. (i) The Administrator will 
determine compliance with opacity and visible emission standards in this 
part based on the results of the test method specified in an applicable 
subpart. Whenever a continuous opacity monitoring system (COMS) is 
required to be installed to determine compliance with numerical opacity 
emission standards in this part, compliance with opacity emission 
standards in this part shall be determined by using the results from the 
COMS. Whenever an opacity emission test method is not specified, 
compliance with opacity emission standards in this part shall be 
determined by conducting observations in accordance with Test Method 9 
in appendix A of part 60 of this chapter or the method specified in 
paragraph (h)(7)(ii) of this section. Whenever a visible emission test 
method is not specified, compliance with visible emission standards in 
this part shall be determined by conducting observations in accordance 
with Test Method 22 in appendix A of part 60 of this chapter.
    (ii) [Reserved]

[[Page 31]]

    (iii) If an affected source undergoes opacity or visible emission 
testing at startup to obtain an operating permit in the State in which 
the source is located, the results of such testing may be used to 
demonstrate compliance with a relevant standard if--
    (A) The opacity or visible emission test was conducted within a 
reasonable amount of time before a performance test is required to be 
conducted under the relevant standard;
    (B) The opacity or visible emission test was conducted under 
representative operating conditions for the source;
    (C) The opacity or visible emission test was conducted and the 
resulting data were reduced using EPA-approved test methods and 
procedures, as specified in Sec. 63.7(e); and
    (D) The opacity or visible emission test was appropriately quality-
assured, as specified in Sec. 63.7(c) of this section.
    (3) [Reserved]
    (4) Notification of opacity or visible emission observations. The 
owner or operator of an affected source shall notify the Administrator 
in writing of the anticipated date for conducting opacity or visible 
emission observations in accordance with Sec. 63.9(f), if such 
observations are required for the source by a relevant standard.
    (5) Conduct of opacity or visible emission observations. When a 
relevant standard under this part includes an opacity or visible 
emission standard, the owner or operator of an affected source shall 
comply with the following:
    (i) For the purpose of demonstrating initial compliance, opacity or 
visible emission observations shall be conducted concurrently with the 
initial performance test required in Sec. 63.7 unless one of the 
following conditions applies:
    (A) If no performance test under Sec. 63.7 is required, opacity or 
visible emission observations shall be conducted within 60 days after 
achieving the maximum production rate at which a new or reconstructed 
source will be operated, but not later than 120 days after initial 
startup of the source, or within 120 days after the effective date of 
the relevant standard in the case of new sources that start up before 
the standard's effective date. If no performance test under Sec. 63.7 
is required, opacity or visible emission observations shall be conducted 
within 120 days after the compliance date for an existing or modified 
source; or
    (B) If visibility or other conditions prevent the opacity or visible 
emission observations from being conducted concurrently with the initial 
performance test required under Sec. 63.7, or within the time period 
specified in paragraph (h)(5)(i)(A) of this section, the source's owner 
or operator shall reschedule the opacity or visible emission 
observations as soon after the initial performance test, or time period, 
as possible, but not later than 30 days thereafter, and shall advise the 
Administrator of the rescheduled date. The rescheduled opacity or 
visible emission observations shall be conducted (to the extent 
possible) under the same operating conditions that existed during the 
initial performance test conducted under Sec. 63.7. The visible 
emissions observer shall determine whether visibility or other 
conditions prevent the opacity or visible emission observations from 
being made concurrently with the initial performance test in accordance 
with procedures contained in Test Method 9 or Test Method 22 in appendix 
A of part 60 of this chapter.
    (ii) For the purpose of demonstrating initial compliance, the 
minimum total time of opacity observations shall be 3 hours (30 6-minute 
averages) for the performance test or other required set of observations 
(e.g., for fugitive-type emission sources subject only to an opacity 
emission standard).
    (iii) The owner or operator of an affected source to which an 
opacity or visible emission standard in this part applies shall conduct 
opacity or visible emission observations in accordance with the 
provisions of this section, record the results of the evaluation of 
emissions, and report to the Administrator the opacity or visible 
emission results in accordance with the provisions of Sec. 63.10(d).
    (iv) [Reserved]
    (v) Opacity readings of portions of plumes that contain condensed, 
uncombined water vapor shall not be used for purposes of determining 
compliance with opacity emission standards.

[[Page 32]]

    (6) Availability of records. The owner or operator of an affected 
source shall make available, upon request by the Administrator, such 
records that the Administrator deems necessary to determine the 
conditions under which the visual observations were made and shall 
provide evidence indicating proof of current visible observer emission 
certification.
    (7) Use of a continuous opacity monitoring system. (i) The owner or 
operator of an affected source required to use a continuous opacity 
monitoring system (COMS) shall record the monitoring data produced 
during a performance test required under Sec. 63.7 and shall furnish 
the Administrator a written report of the monitoring results in 
accordance with the provisions of Sec. 63.10(e)(4).
    (ii) Whenever an opacity emission test method has not been specified 
in an applicable subpart, or an owner or operator of an affected source 
is required to conduct Test Method 9 observations (see appendix A of 
part 60 of this chapter), the owner or operator may submit, for 
compliance purposes, COMS data results produced during any performance 
test required under Sec. 63.7 in lieu of Method 9 data. If the owner or 
operator elects to submit COMS data for compliance with the opacity 
emission standard, he or she shall notify the Administrator of that 
decision, in writing, simultaneously with the notification under Sec. 
63.7(b) of the date the performance test is scheduled to begin. Once the 
owner or operator of an affected source has notified the Administrator 
to that effect, the COMS data results will be used to determine opacity 
compliance during subsequent performance tests required under Sec. 
63.7, unless the owner or operator notifies the Administrator in writing 
to the contrary not later than with the notification under Sec. 63.7(b) 
of the date the subsequent performance test is scheduled to begin.
    (iii) For the purposes of determining compliance with the opacity 
emission standard during a performance test required under Sec. 63.7 
using COMS data, the COMS data shall be reduced to 6-minute averages 
over the duration of the mass emission performance test.
    (iv) The owner or operator of an affected source using a COMS for 
compliance purposes is responsible for demonstrating that he/she has 
complied with the performance evaluation requirements of Sec. 63.8(e), 
that the COMS has been properly maintained, operated, and data quality-
assured, as specified in Sec. 63.8(c) and Sec. 63.8(d), and that the 
resulting data have not been altered in any way.
    (v) Except as provided in paragraph (h)(7)(ii) of this section, the 
results of continuous monitoring by a COMS that indicate that the 
opacity at the time visual observations were made was not in excess of 
the emission standard are probative but not conclusive evidence of the 
actual opacity of an emission, provided that the affected source proves 
that, at the time of the alleged violation, the instrument used was 
properly maintained, as specified in Sec. 63.8(c), and met Performance 
Specification 1 in appendix B of part 60 of this chapter, and that the 
resulting data have not been altered in any way.
    (8) Finding of compliance. The Administrator will make a finding 
concerning an affected source's compliance with an opacity or visible 
emission standard upon obtaining all the compliance information required 
by the relevant standard (including the written reports of the results 
of the performance tests required by Sec. 63.7, the results of Test 
Method 9 or another required opacity or visible emission test method, 
the observer certification required by paragraph (h)(6) of this section, 
and the continuous opacity monitoring system results, whichever is/are 
applicable) and any information available to the Administrator needed to 
determine whether proper operation and maintenance practices are being 
used.
    (9) Adjustment to an opacity emission standard. (i) If the 
Administrator finds under paragraph (h)(8) of this section that an 
affected source is in compliance with all relevant standards for which 
initial performance tests were conducted under Sec. 63.7, but during 
the time such performance tests were conducted fails to meet any 
relevant opacity emission standard, the owner or operator of such source 
may petition the Administrator to make appropriate adjustment to the 
opacity emission

[[Page 33]]

standard for the affected source. Until the Administrator notifies the 
owner or operator of the appropriate adjustment, the relevant opacity 
emission standard remains applicable.
    (ii) The Administrator may grant such a petition upon a 
demonstration by the owner or operator that--
    (A) The affected source and its associated air pollution control 
equipment were operated and maintained in a manner to minimize the 
opacity of emissions during the performance tests;
    (B) The performance tests were performed under the conditions 
established by the Administrator; and
    (C) The affected source and its associated air pollution control 
equipment were incapable of being adjusted or operated to meet the 
relevant opacity emission standard.
    (iii) The Administrator will establish an adjusted opacity emission 
standard for the affected source meeting the above requirements at a 
level at which the source will be able, as indicated by the performance 
and opacity tests, to meet the opacity emission standard at all times 
during which the source is meeting the mass or concentration emission 
standard. The Administrator will promulgate the new opacity emission 
standard in the Federal Register.
    (iv) After the Administrator promulgates an adjusted opacity 
emission standard for an affected source, the owner or operator of such 
source shall be subject to the new opacity emission standard, and the 
new opacity emission standard shall apply to such source during any 
subsequent performance tests.
    (i) Extension of compliance with emission standards. (1) Until an 
extension of compliance has been granted by the Administrator (or a 
State with an approved permit program) under this paragraph, the owner 
or operator of an affected source subject to the requirements of this 
section shall comply with all applicable requirements of this part.
    (2) Extension of compliance for early reductions and other 
reductions--(i) Early reductions. Pursuant to section 112(i)(5) of the 
Act, if the owner or operator of an existing source demonstrates that 
the source has achieved a reduction in emissions of hazardous air 
pollutants in accordance with the provisions of subpart D of this part, 
the Administrator (or the State with an approved permit program) will 
grant the owner or operator an extension of compliance with specific 
requirements of this part, as specified in subpart D.
    (ii) Other reductions. Pursuant to section 112(i)(6) of the Act, if 
the owner or operator of an existing source has installed best available 
control technology (BACT) (as defined in section 169(3) of the Act) or 
technology required to meet a lowest achievable emission rate (LAER) (as 
defined in section 171 of the Act) prior to the promulgation of an 
emission standard in this part applicable to such source and the same 
pollutant (or stream of pollutants) controlled pursuant to the BACT or 
LAER installation, the Administrator will grant the owner or operator an 
extension of compliance with such emission standard that will apply 
until the date 5 years after the date on which such installation was 
achieved, as determined by the Administrator.
    (3) Request for extension of compliance. Paragraphs (i)(4) through 
(i)(7) of this section concern requests for an extension of compliance 
with a relevant standard under this part (except requests for an 
extension of compliance under paragraph (i)(2)(i) of this section will 
be handled through procedures specified in subpart D of this part).
    (4)(i)(A) The owner or operator of an existing source who is unable 
to comply with a relevant standard established under this part pursuant 
to section 112(d) of the Act may request that the Administrator (or a 
State, when the State has an approved part 70 permit program and the 
source is required to obtain a part 70 permit under that program, or a 
State, when the State has been delegated the authority to implement and 
enforce the emission standard for that source) grant an extension 
allowing the source up to 1 additional year to comply with the standard, 
if such additional period is necessary for the installation of controls. 
An additional extension of up to 3 years may be added for mining waste 
operations, if the 1-year extension of compliance is insufficient to dry 
and

[[Page 34]]

cover mining waste in order to reduce emissions of any hazardous air 
pollutant. The owner or operator of an affected source who has requested 
an extension of compliance under this paragraph and who is otherwise 
required to obtain a title V permit shall apply for such permit or apply 
to have the source's title V permit revised to incorporate the 
conditions of the extension of compliance. The conditions of an 
extension of compliance granted under this paragraph will be 
incorporated into the affected source's title V permit according to the 
provisions of part 70 or Federal title V regulations in this chapter (42 
U.S.C. 7661), whichever are applicable.
    (B) Any request under this paragraph for an extension of compliance 
with a relevant standard must be submitted in writing to the appropriate 
authority no later than 120 days prior to the affected source's 
compliance date (as specified in paragraphs (b) and (c) of this 
section), except as provided for in paragraph (i)(4)(i)(C) of this 
section. Nonfrivolous requests submitted under this paragraph will stay 
the applicability of the rule as to the emission points in question 
until such time as the request is granted or denied. A denial will be 
effective as of the date of denial. Emission standards established under 
this part may specify alternative dates for the submittal of requests 
for an extension of compliance if alternatives are appropriate for the 
source categories affected by those standards.
    (C) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (i)(4)(i)(B) of this section 
provided the need for the compliance extension arose after that date, 
and before the otherwise applicable compliance date and the need arose 
due to circumstances beyond reasonable control of the owner or operator. 
This request must include, in addition to the information required in 
paragraph (i)(6)(i) of this section, a statement of the reasons 
additional time is needed and the date when the owner or operator first 
learned of the problems. Nonfrivolous requests submitted under this 
paragraph will stay the applicability of the rule as to the emission 
points in question until such time as the request is granted or denied. 
A denial will be effective as of the original compliance date.
    (ii) The owner or operator of an existing source unable to comply 
with a relevant standard established under this part pursuant to section 
112(f) of the Act may request that the Administrator grant an extension 
allowing the source up to 2 years after the standard's effective date to 
comply with the standard. The Administrator may grant such an extension 
if he/she finds that such additional period is necessary for the 
installation of controls and that steps will be taken during the period 
of the extension to assure that the health of persons will be protected 
from imminent endangerment. Any request for an extension of compliance 
with a relevant standard under this paragraph must be submitted in 
writing to the Administrator not later than 90 calendar days after the 
effective date of the relevant standard.
    (5) The owner or operator of an existing source that has installed 
BACT or technology required to meet LAER [as specified in paragraph 
(i)(2)(ii) of this section] prior to the promulgation of a relevant 
emission standard in this part may request that the Administrator grant 
an extension allowing the source 5 years from the date on which such 
installation was achieved, as determined by the Administrator, to comply 
with the standard. Any request for an extension of compliance with a 
relevant standard under this paragraph shall be submitted in writing to 
the Administrator not later than 120 days after the promulgation date of 
the standard. The Administrator may grant such an extension if he or she 
finds that the installation of BACT or technology to meet LAER controls 
the same pollutant (or stream of pollutants) that would be controlled at 
that source by the relevant emission standard.
    (6)(i) The request for a compliance extension under paragraph (i)(4) 
of this section shall include the following information:
    (A) A description of the controls to be installed to comply with the 
standard;
    (B) A compliance schedule, including the date by which each step 
toward

[[Page 35]]

compliance will be reached. At a minimum, the list of dates shall 
include:
    (1) The date by which on-site construction, installation of emission 
control equipment, or a process change is planned to be initiated; and
    (2) The date by which final compliance is to be achieved.
    (3) The date by which on-site construction, installation of emission 
control equipment, or a process change is to be completed; and
    (4) The date by which final compliance is to be achieved;
    (C)-(D)
    (ii) The request for a compliance extension under paragraph (i)(5) 
of this section shall include all information needed to demonstrate to 
the Administrator's satisfaction that the installation of BACT or 
technology to meet LAER controls the same pollutant (or stream of 
pollutants) that would be controlled at that source by the relevant 
emission standard.
    (7) Advice on requesting an extension of compliance may be obtained 
from the Administrator (or the State with an approved permit program).
    (8) Approval of request for extension of compliance. Paragraphs 
(i)(9) through (i)(14) of this section concern approval of an extension 
of compliance requested under paragraphs (i)(4) through (i)(6) of this 
section.
    (9) Based on the information provided in any request made under 
paragraphs (i)(4) through (i)(6) of this section, or other information, 
the Administrator (or the State with an approved permit program) may 
grant an extension of compliance with an emission standard, as specified 
in paragraphs (i)(4) and (i)(5) of this section.
    (10) The extension will be in writing and will--
    (i) Identify each affected source covered by the extension;
    (ii) Specify the termination date of the extension;
    (iii) Specify the dates by which steps toward compliance are to be 
taken, if appropriate;
    (iv) Specify other applicable requirements to which the compliance 
extension applies (e.g., performance tests); and
    (v)(A) Under paragraph (i)(4), specify any additional conditions 
that the Administrator (or the State) deems necessary to assure 
installation of the necessary controls and protection of the health of 
persons during the extension period; or
    (B) Under paragraph (i)(5), specify any additional conditions that 
the Administrator deems necessary to assure the proper operation and 
maintenance of the installed controls during the extension period.
    (11) The owner or operator of an existing source that has been 
granted an extension of compliance under paragraph (i)(10) of this 
section may be required to submit to the Administrator (or the State 
with an approved permit program) progress reports indicating whether the 
steps toward compliance outlined in the compliance schedule have been 
reached. The contents of the progress reports and the dates by which 
they shall be submitted will be specified in the written extension of 
compliance granted under paragraph (i)(10) of this section.
    (12)(i) The Administrator (or the State with an approved permit 
program) will notify the owner or operator in writing of approval or 
intention to deny approval of a request for an extension of compliance 
within 30 calendar days after receipt of sufficient information to 
evaluate a request submitted under paragraph (i)(4)(i) or (i)(5) of this 
section. The Administrator (or the State) will notify the owner or 
operator in writing of the status of his/her application, that is, 
whether the application contains sufficient information to make a 
determination, within 30 calendar days after receipt of the original 
application and within 30 calendar days after receipt of any 
supplementary information that is submitted. The 30-day approval or 
denial period will begin after the owner or operator has been notified 
in writing that his/her application is complete.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 30 calendar

[[Page 36]]

days after he/she is notified of the incomplete application, additional 
information or arguments to the Administrator to enable further action 
on the application.
    (iii) Before denying any request for an extension of compliance, the 
Administrator (or the State with an approved permit program) will notify 
the owner or operator in writing of the Administrator's (or the State's) 
intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended 
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
intended denial, additional information or arguments to the 
Administrator (or the State) before further action on the request.
    (iv) The Administrator's final determination to deny any request for 
an extension will be in writing and will set forth the specific grounds 
on which the denial is based. The final determination will be made 
within 30 calendar days after presentation of additional information or 
argument (if the application is complete), or within 30 calendar days 
after the final date specified for the presentation if no presentation 
is made.
    (13)(i) The Administrator will notify the owner or operator in 
writing of approval or intention to deny approval of a request for an 
extension of compliance within 30 calendar days after receipt of 
sufficient information to evaluate a request submitted under paragraph 
(i)(4)(ii) of this section. The 30-day approval or denial period will 
begin after the owner or operator has been notified in writing that his/
her application is complete. The Administrator (or the State) will 
notify the owner or operator in writing of the status of his/her 
application, that is, whether the application contains sufficient 
information to make a determination, within 15 calendar days after 
receipt of the original application and within 15 calendar days after 
receipt of any supplementary information that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 15 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (iii) Before denying any request for an extension of compliance, the 
Administrator will notify the owner or operator in writing of the 
Administrator's intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended 
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
intended denial, additional information or arguments to the 
Administrator before further action on the request.
    (iv) A final determination to deny any request for an extension will 
be in writing and will set forth the specific grounds on which the 
denial is based. The final determination will be made within 30 calendar 
days after presentation of additional information or argument (if the 
application is complete), or within 30 calendar days after the final 
date specified for the presentation if no presentation is made.
    (14) The Administrator (or the State with an approved permit 
program) may terminate an extension of compliance at an earlier date 
than specified if any specification under paragraph (i)(10)(iii) or (iv) 
of this section is not met. Upon a determination to terminate, the 
Administrator will notify, in writing, the owner or operator of the 
Administrator's determination to terminate, together with:
    (i) Notice of the reason for termination; and
    (ii) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
determination to terminate, additional information or arguments to the 
Administrator before further action on the termination.
    (iii) A final determination to terminate an extension of compliance 
will be

[[Page 37]]

in writing and will set forth the specific grounds on which the 
termination is based. The final determination will be made within 30 
calendar days after presentation of additional information or arguments, 
or within 30 calendar days after the final date specified for the 
presentation if no presentation is made.
    (15) [Reserved]
    (16) The granting of an extension under this section shall not 
abrogate the Administrator's authority under section 114 of the Act.
    (j) Exemption from compliance with emission standards. The President 
may exempt any stationary source from compliance with any relevant 
standard established pursuant to section 112 of the Act for a period of 
not more than 2 years if the President determines that the technology to 
implement such standard is not available and that it is in the national 
security interests of the United States to do so. An exemption under 
this paragraph may be extended for 1 or more additional periods, each 
period not to exceed 2 years.

[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16599, Apr. 5, 2002; 68 
FR 32600, May 30, 2003; 71 FR 20454, Apr. 20, 2006]



Sec. 63.7  Performance testing requirements.

    (a) Applicability and performance test dates. (1) The applicability 
of this section is set out in Sec. 63.1(a)(4).
    (2) Except as provided in paragraph (a)(4) of this section, if 
required to do performance testing by a relevant standard, and unless a 
waiver of performance testing is obtained under this section or the 
conditions of paragraph (c)(3)(ii)(B) of this section apply, the owner 
or operator of the affected source must perform such tests within 180 
days of the compliance date for such source.
    (i)-(viii) [Reserved]
    (ix) Except as provided in paragraph (a)(4) of this section, when an 
emission standard promulgated under this part is more stringent than the 
standard proposed (see Sec. 63.6(b)(3)), the owner or operator of a new 
or reconstructed source subject to that standard for which construction 
or reconstruction is commenced between the proposal and promulgation 
dates of the standard shall comply with performance testing requirements 
within 180 days after the standard's effective date, or within 180 days 
after startup of the source, whichever is later. If the promulgated 
standard is more stringent than the proposed standard, the owner or 
operator may choose to demonstrate compliance with either the proposed 
or the promulgated standard. If the owner or operator chooses to comply 
with the proposed standard initially, the owner or operator shall 
conduct a second performance test within 3 years and 180 days after the 
effective date of the standard, or after startup of the source, 
whichever is later, to demonstrate compliance with the promulgated 
standard.
    (3) The Administrator may require an owner or operator to conduct 
performance tests at the affected source at any other time when the 
action is authorized by section 114 of the Act.
    (4) If a force majeure is about to occur, occurs, or has occurred 
for which the affected owner or operator intends to assert a claim of 
force majeure:
    (i) The owner or operator shall notify the Administrator, in writing 
as soon as practicable following the date the owner or operator first 
knew, or through due diligence should have known that the event may 
cause or caused a delay in testing beyond the regulatory deadline 
specified in paragraph (a)(2) or (a)(3) of this section, or elsewhere in 
this part, but the notification must occur before the performance test 
deadline unless the initial force majeure or a subsequent force majeure 
event delays the notice, and in such cases, the notification shall occur 
as soon as practicable.
    (ii) The owner or operator shall provide to the Administrator a 
written description of the force majeure event and a rationale for 
attributing the delay in testing beyond the regulatory deadline to the 
force majeure; describe the measures taken or to be taken to minimize 
the delay; and identify a date by which the owner or operator proposes 
to conduct the performance test. The performance test shall be conducted 
as soon as practicable after the force majeure occurs.

[[Page 38]]

    (iii) The decision as to whether or not to grant an extension to the 
performance test deadline is solely within the discretion of the 
Administrator. The Administrator will notify the owner or operator in 
writing of approval or disapproval of the request for an extension as 
soon as practicable.
    (iv) Until an extension of the performance test deadline has been 
approved by the Administrator under paragraphs (a)(4)(i), (a)(4)(ii), 
and (a)(4)(iii) of this section, the owner or operator of the affected 
facility remains strictly subject to the requirements of this part.
    (b) Notification of performance test. (1) The owner or operator of 
an affected source must notify the Administrator in writing of his or 
her intention to conduct a performance test at least 60 calendar days 
before the performance test is initially scheduled to begin to allow the 
Administrator, upon request, to review an approve the site-specific test 
plan required under paragraph (c) of this section and to have an 
observer present during the test.
    (2) In the event the owner or operator is unable to conduct the 
performance test on the date specified in the notification requirement 
specified in paragraph (b)(1) of this section due to unforeseeable 
circumstances beyond his or her control, the owner or operator must 
notify the Administrator as soon as practicable and without delay prior 
to the scheduled performance test date and specify the date when the 
performance test is rescheduled. This notification of delay in 
conducting the performance test shall not relieve the owner or operator 
of legal responsibility for compliance with any other applicable 
provisions of this part or with any other applicable Federal, State, or 
local requirement, nor will it prevent the Administrator from 
implementing or enforcing this part or taking any other action under the 
Act.
    (c) Quality assurance program. (1) The results of the quality 
assurance program required in this paragraph will be considered by the 
Administrator when he/she determines the validity of a performance test.
    (2)(i) Submission of site-specific test plan. Before conducting a 
required performance test, the owner or operator of an affected source 
shall develop and, if requested by the Administrator, shall submit a 
site-specific test plan to the Administrator for approval. The test plan 
shall include a test program summary, the test schedule, data quality 
objectives, and both an internal and external quality assurance (QA) 
program. Data quality objectives are the pretest expectations of 
precision, accuracy, and completeness of data.
    (ii) The internal QA program shall include, at a minimum, the 
activities planned by routine operators and analysts to provide an 
assessment of test data precision; an example of internal QA is the 
sampling and analysis of replicate samples.
    (iii) The performance testing shall include a test method 
performance audit (PA) during the performance test. The PAs consist of 
blind audit samples supplied by an accredited audit sample provider and 
analyzed during the performance test in order to provide a measure of 
test data bias. Gaseous audit samples are designed to audit the 
performance of the sampling system as well as the analytical system and 
must be collected by the sampling system during the compliance test just 
as the compliance samples are collected. If a liquid or solid audit 
sample is designed to audit the sampling system, it must also be 
collected by the sampling system during the compliance test. If multiple 
sampling systems or sampling trains are used during the compliance test 
for any of the test methods, the tester is only required to use one of 
the sampling systems per method to collect the audit sample. The audit 
sample must be analyzed by the same analyst using the same analytical 
reagents and analytical system and at the same time as the compliance 
samples. Retests are required when there is a failure to produce 
acceptable results for an audit sample. However, if the audit results do 
not affect the compliance or noncompliance status of the affected 
facility, the compliance authority may waive the reanalysis requirement, 
further audits, or retests and accept the results of the compliance 
test. Acceptance of the test results shall constitute a waiver of the 
reanalysis requirement,

[[Page 39]]

further audits, or retests. The compliance authority may also use the 
audit sample failure and the compliance test results as evidence to 
determine the compliance or noncompliance status of the affected 
facility. A blind audit sample is a sample whose value is known only to 
the sample provider and is not revealed to the tested facility until 
after they report the measured value of the audit sample. For pollutants 
that exist in the gas phase at ambient temperature, the audit sample 
shall consist of an appropriate concentration of the pollutant in air or 
nitrogen that can be introduced into the sampling system of the test 
method at or near the same entry point as a sample from the emission 
source. If no gas phase audit samples are available, an acceptable 
alternative is a sample of the pollutant in the same matrix that would 
be produced when the sample is recovered from the sampling system as 
required by the test method. For samples that exist only in a liquid or 
solid form at ambient temperature, the audit sample shall consist of an 
appropriate concentration of the pollutant in the same matrix that would 
be produced when the sample is recovered from the sampling system as 
required by the test method. An accredited audit sample provider (AASP) 
is an organization that has been accredited to prepare audit samples by 
an independent, third party accrediting body.
    (A) The source owner, operator, or representative of the tested 
facility shall obtain an audit sample, if commercially available, from 
an AASP for each test method used for regulatory compliance purposes. No 
audit samples are required for the following test methods: Methods 3C of 
Appendix A-3 of Part 60, Methods 6C, 7E, 9, and 10 of Appendix A-4 of 
Part 60, Method 18 of Appendix A-6 of Part 60, Methods 20, 22, and 25A 
of Appendix A-7 of Part 60, and Methods 303, 318, 320, and 321 of 
Appendix A of Part 63. If multiple sources at a single facility are 
tested during a compliance test event, only one audit sample is required 
for each method used during a compliance test. The compliance authority 
responsible for the compliance test may waive the requirement to include 
an audit sample if they believe that an audit sample is not necessary. 
``Commercially available'' means that two or more independent AASPs have 
blind audit samples available for purchase. If the source owner, 
operator, or representative cannot find an audit sample for a specific 
method, the owner, operator, or representative shall consult the EPA Web 
site at the following URL, http://www.epa.gov/ttn/emc, to confirm 
whether there is a source that can supply an audit sample for that 
method. If the EPA Web site does not list an available audit sample at 
least 60 days prior to the beginning of the compliance test, the source 
owner, operator, or representative shall not be required to include an 
audit sample as part of the quality assurance program for the compliance 
test. When ordering an audit sample, the source owner, operator, or 
representative shall give the sample provider an estimate for the 
concentration of each pollutant that is emitted by the source or the 
estimated concentration of each pollutant based on the permitted level 
and the name, address, and phone number of the compliance authority. The 
source owner, operator, or representative shall report the results for 
the audit sample along with a summary of the emission test results for 
the audited pollutant to the compliance authority and shall report the 
results of the audit sample to the AASP. The source owner, operator, or 
representative shall make both reports at the same time and in the same 
manner or shall report to the compliance authority first and report to 
the AASP. If the method being audited is a method that allows the 
samples to be analyzed in the field and the tester plans to analyze the 
samples in the field, the tester may analyze the audit samples prior to 
collecting the emission samples provided a representative of the 
compliance authority is present at the testing site. The tester may 
request and the compliance authority may grant a waiver to the 
requirement that a representative of the compliance authority must be 
present at the testing site during the field analysis of an audit 
sample. The source owner, operator, or representative may report the 
results of the audit sample to the compliance authority and then report 
the results of the audit sample to the

[[Page 40]]

AASP prior to collecting any emission samples. The test protocol and 
final test report shall document whether an audit sample was ordered and 
utilized and the pass/fail results as applicable.
    (B) An AASP shall have and shall prepare, analyze, and report the 
true value of audit samples in accordance with a written technical 
criteria document that describes how audit samples will be prepared and 
distributed in a manner that will ensure the integrity of the audit 
sample program. An acceptable technical criteria document shall contain 
standard operating procedures for all of the following operations:
    (1) Preparing the sample;
    (2) Confirming the true concentration of the sample;
    (3) Defining the acceptance limits for the results from a well 
qualified tester. This procedure must use well established statistical 
methods to analyze historical results from well qualified testers. The 
acceptance limits shall be set so that there is 95 percent confidence 
that 90 percent of well qualified labs will produce future results that 
are within the acceptance limit range;
    (4) Providing the opportunity for the compliance authority to 
comment on the selected concentration level for an audit sample;
    (5) Distributing the sample to the user in a manner that guarantees 
that the true value of the sample is unknown to the user;
    (6) Recording the measured concentration reported by the user and 
determining if the measured value is within acceptable limits;
    (7) Reporting the results from each audit sample in a timely manner 
to the compliance authority and to the source owner, operator, or 
representative by the AASP. The AASP shall make both reports at the same 
time and in the same manner or shall report to the compliance authority 
first and then report to the source owner, operator, or representative. 
The results shall include the name of the facility tested, the date on 
which the compliance test was conducted, the name of the company 
performing the sample collection, the name of the company that analyzed 
the compliance samples including the audit sample, the measured result 
for the audit sample, and whether the testing company passed or failed 
the audit. The AASP shall report the true value of the audit sample to 
the compliance authority. The AASP may report the true value to the 
source owner, operator, or representative if the AASP's operating plan 
ensures that no laboratory will receive the same audit sample twice.
    (8) Evaluating the acceptance limits of samples at least once every 
two years to determine in consultation with the voluntary consensus 
standard body if they should be changed.
    (9) Maintaining a database, accessible to the compliance 
authorities, of results from the audit that shall include the name of 
the facility tested, the date on which the compliance test was 
conducted, the name of the company performing the sample collection, the 
name of the company that analyzed the compliance samples including the 
audit sample, the measured result for the audit sample, the true value 
of the audit sample, the acceptance range for the measured value, and 
whether the testing company passed or failed the audit.
    (C) The accrediting body shall have a written technical criteria 
document that describes how it will ensure that the AASP is operating in 
accordance with the AASP technical criteria document that describes how 
audit samples are to be prepared and distributed. This document shall 
contain standard operating procedures for all of the following 
operations:
    (1) Checking audit samples to confirm their true value as reported 
by the AASP.
    (2) Performing technical systems audits of the AASP's facilities and 
operating procedures at least once every two years.
    (3) Providing standards for use by the voluntary consensus standard 
body to approve the accrediting body that will accredit the audit sample 
providers.
    (D) The technical criteria documents for the accredited sample 
providers and the accrediting body shall be developed through a public 
process guided by a voluntary consensus standards body

[[Page 41]]

(VCSB). The VCSB shall operate in accordance with the procedures and 
requirements in the Office of Management and Budget Circular A-119. A 
copy of Circular A-119 is available upon request by writing the Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
725 17th Street, NW., Washington, DC 20503, by calling (202) 395-6880 or 
downloading online at http://standards.gov/standards--gov/a119.cfm. The 
VCSB shall approve all accrediting bodies. The Administrator will review 
all technical criteria documents. If the technical criteria documents do 
not meet the minimum technical requirements in paragraphs (c)(2)(iii)(B) 
through (C) of this section, the technical criteria documents are not 
acceptable and the proposed audit sample program is not capable of 
producing audit samples of sufficient quality to be used in a compliance 
test. All acceptable technical criteria documents shall be posted on the 
EPA Web site at the following URL, http://www.epa.gov/ttn/emc.
    (iv) The owner or operator of an affected source shall submit the 
site-specific test plan to the Administrator upon the Administrator's 
request at least 60 calendar days before the performance test is 
scheduled to take place, that is, simultaneously with the notification 
of intention to conduct a performance test required under paragraph (b) 
of this section, or on a mutually agreed upon date.
    (v) The Administrator may request additional relevant information 
after the submittal of a site-specific test plan.
    (3) Approval of site-specific test plan. (i) The Administrator will 
notify the owner or operator of approval or intention to deny approval 
of the site-specific test plan (if review of the site-specific test plan 
is requested) within 30 calendar days after receipt of the original plan 
and within 30 calendar days after receipt of any supplementary 
information that is submitted under paragraph (c)(3)(i)(B) of this 
section. Before disapproving any site-specific test plan, the 
Administrator will notify the applicant of the Administrator's intention 
to disapprove the plan together with--
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present, 
within 30 calendar days after he/she is notified of the intended 
disapproval, additional information to the Administrator before final 
action on the plan.
    (ii) In the event that the Administrator fails to approve or 
disapprove the site-specific test plan within the time period specified 
in paragraph (c)(3)(i) of this section, the following conditions shall 
apply:
    (A) If the owner or operator intends to demonstrate compliance using 
the test method(s) specified in the relevant standard or with only minor 
changes to those tests methods (see paragraph (e)(2)(i) of this 
section), the owner or operator must conduct the performance test within 
the time specified in this section using the specified method(s);
    (B) If the owner or operator intends to demonstrate compliance by 
using an alternative to any test method specified in the relevant 
standard, the owner or operator is authorized to conduct the performance 
test using an alternative test method after the Administrator approves 
the use of the alternative method when the Administrator approves the 
site-specific test plan (if review of the site-specific test plan is 
requested) or after the alternative method is approved (see paragraph 
(f) of this section). However, the owner or operator is authorized to 
conduct the performance test using an alternative method in the absence 
of notification of approval 45 days after submission of the site-
specific test plan or request to use an alternative method. The owner or 
operator is authorized to conduct the performance test within 60 
calendar days after he/she is authorized to demonstrate compliance using 
an alternative test method. Notwithstanding the requirements in the 
preceding three sentences, the owner or operator may proceed to conduct 
the performance test as required in this section (without the 
Administrator's prior approval of the site-specific test plan) if he/she 
subsequently chooses to

[[Page 42]]

use the specified testing and monitoring methods instead of an 
alternative.
    (iii) Neither the submission of a site-specific test plan for 
approval, nor the Administrator's approval or disapproval of a plan, nor 
the Administrator's failure to approve or disapprove a plan in a timely 
manner shall--
    (A) Relieve an owner or operator of legal responsibility for 
compliance with any applicable provisions of this part or with any other 
applicable Federal, State, or local requirement; or
    (B) Prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.
    (d) Performance testing facilities. If required to do performance 
testing, the owner or operator of each new source and, at the request of 
the Administrator, the owner or operator of each existing source, shall 
provide performance testing facilities as follows:
    (1) Sampling ports adequate for test methods applicable to such 
source. This includes:
    (i) Constructing the air pollution control system such that 
volumetric flow rates and pollutant emission rates can be accurately 
determined by applicable test methods and procedures; and
    (ii) Providing a stack or duct free of cyclonic flow during 
performance tests, as demonstrated by applicable test methods and 
procedures;
    (2) Safe sampling platform(s);
    (3) Safe access to sampling platform(s);
    (4) Utilities for sampling and testing equipment; and
    (5) Any other facilities that the Administrator deems necessary for 
safe and adequate testing of a source.
    (e) Conduct of performance tests. (1) Performance tests shall be 
conducted under such conditions as the Administrator specifies to the 
owner or operator based on representative performance (i.e., performance 
based on normal operating conditions) of the affected source. Operations 
during periods of startup, shutdown, and malfunction shall not 
constitute representative conditions for the purpose of a performance 
test, nor shall emissions in excess of the level of the relevant 
standard during periods of startup, shutdown, and malfunction be 
considered a violation of the relevant standard unless otherwise 
specified in the relevant standard or a determination of noncompliance 
is made under Sec. 63.6(e). Upon request, the owner or operator shall 
make available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (2) Performance tests shall be conducted and data shall be reduced 
in accordance with the test methods and procedures set forth in this 
section, in each relevant standard, and, if required, in applicable 
appendices of parts 51, 60, 61, and 63 of this chapter unless the 
Administrator--
    (i) Specifies or approves, in specific cases, the use of a test 
method with minor changes in methodology (see definition in Sec. 
63.90(a)). Such changes may be approved in conjunction with approval of 
the site-specific test plan (see paragraph (c) of this section); or
    (ii) Approves the use of an intermediate or major change or 
alternative to a test method (see definitions in Sec. 63.90(a)), the 
results of which the Administrator has determined to be adequate for 
indicating whether a specific affected source is in compliance; or
    (iii) Approves shorter sampling times or smaller sample volumes when 
necessitated by process variables or other factors; or
    (iv) Waives the requirement for performance tests because the owner 
or operator of an affected source has demonstrated by other means to the 
Administrator's satisfaction that the affected source is in compliance 
with the relevant standard.
    (3) Unless otherwise specified in a relevant standard or test 
method, each performance test shall consist of three separate runs using 
the applicable test method. Each run shall be conducted for the time and 
under the conditions specified in the relevant standard. For the purpose 
of determining compliance with a relevant standard, the arithmetic mean 
of the results of the three runs shall apply. Upon receiving approval 
from the Administrator, results of a test run may be replaced with 
results of an additional test run in the event that--
    (i) A sample is accidentally lost after the testing team leaves the 
site; or

[[Page 43]]

    (ii) Conditions occur in which one of the three runs must be 
discontinued because of forced shutdown; or
    (iii) Extreme meteorological conditions occur; or
    (iv) Other circumstances occur that are beyond the owner or 
operator's control.
    (4) Nothing in paragraphs (e)(1) through (e)(3) of this section 
shall be construed to abrogate the Administrator's authority to require 
testing under section 114 of the Act.
    (f) Use of an alternative test method--(1)General. Until authorized 
to use an intermediate or major change or alternative to a test method, 
the owner or operator of an affected source remains subject to the 
requirements of this section and the relevant standard.
    (2) The owner or operator of an affected source required to do 
performance testing by a relevant standard may use an alternative test 
method from that specified in the standard provided that the owner or 
operator--
    (i) Notifies the Administrator of his or her intention to use an 
alternative test method at least 60 days before the performance test is 
scheduled to begin;
    (ii) Uses Method 301 in appendix A of this part to validate the 
alternative test method. This may include the use of specific procedures 
of Method 301 if use of such procedures are sufficient to validate the 
alternative test method; and
    (iii) Submits the results of the Method 301 validation process along 
with thnotification of intention and the justification for not using the 
specified test method. The owner or operator may submit the information 
required in this paragraph well in advance of the deadline specified in 
paragraph (f)(2)(i) of this section to ensure a timely review by the 
Administrator in order to meet the performance test date specified in 
this section or the relevant standard.
    (3) The Administrator will determine whether the owner or operator's 
validation of the proposed alternative test method is adequate and issue 
an approval or disapproval of the alternative test method. If the owner 
or operator intends to demonstrate compliance by using an alternative to 
any test method specified in the relevant standard, the owner or 
operator is authorized to conduct the performance test using an 
alternative test method after the Administrator approves the use of the 
alternative method. However, the owner or operator is authorized to 
conduct the performance test using an alternative method in the absence 
of notification of approval/disapproval 45 days after submission of the 
request to use an alternative method and the request satisfies the 
requirements in paragraph (f)(2) of this section. The owner or operator 
is authorized to conduct the performance test within 60 calendar days 
after he/she is authorized to demonstrate compliance using an 
alternative test method. Notwithstanding the requirements in the 
preceding three sentences, the owner or operator may proceed to conduct 
the performance test as required in this section (without the 
Administrator's prior approval of the site-specific test plan) if he/she 
subsequently chooses to use the specified testing and monitoring methods 
instead of an alternative.
    (4) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative test method for the purposes of 
demonstrating compliance with a relevant standard, the Administrator may 
require the use of a test method specified in a relevant standard.
    (5) If the owner or operator uses an alternative test method for an 
affected source during a required performance test, the owner or 
operator of such source shall continue to use the alternative test 
method for subsequent performance tests at that affected source until he 
or she receives approval from the Administrator to use another test 
method as allowed under Sec. 63.7(f).
    (6) Neither the validation and approval process nor the failure to 
validate an alternative test method shall abrogate the owner or 
operator's responsibility to comply with the requirements of this part.
    (g) Data analysis, recordkeeping, and reporting. (1) Unless 
otherwise specified in a relevant standard or test method, or as 
otherwise approved by the Administrator in writing, results of a 
performance test shall include the analysis of samples, determination of 
emissions, and raw data. A performance

[[Page 44]]

test is ``completed'' when field sample collection is terminated. The 
owner or operator of an affected source shall report the results of the 
performance test to the Administrator before the close of business on 
the 60th day following the completion of the performance test, unless 
specified otherwise in a relevant standard or as approved otherwise in 
writing by the Administrator (see Sec. 63.9(i)). The results of the 
performance test shall be submitted as part of the notification of 
compliance status required under Sec. 63.9(h). Before a title V permit 
has been issued to the owner or operator of an affected source, the 
owner or operator shall send the results of the performance test to the 
Administrator. After a title V permit has been issued to the owner or 
operator of an affected source, the owner or operator shall send the 
results of the performance test to the appropriate permitting authority.
    (2) [Reserved]
    (3) For a minimum of 5 years after a performance test is conducted, 
the owner or operator shall retain and make available, upon request, for 
inspection by the Administrator the records or results of such 
performance test and other data needed to determine emissions from an 
affected source.
    (h) Waiver of performance tests. (1) Until a waiver of a performance 
testing requirement has been granted by the Administrator under this 
paragraph, the owner or operator of an affected source remains subject 
to the requirements of this section.
    (2) Individual performance tests may be waived upon written 
application to the Administrator if, in the Administrator's judgment, 
the source is meeting the relevant standard(s) on a continuous basis, or 
the source is being operated under an extension of compliance, or the 
owner or operator has requested an extension of compliance and the 
Administrator is still considering that request.
    (3) Request to waive a performance test. (i) If a request is made 
for an extension of compliance under Sec. 63.6(i), the application for 
a waiver of an initial performance test shall accompany the information 
required for the request for an extension of compliance. If no extension 
of compliance is requested or if the owner or operator has requested an 
extension of compliance and the Administrator is still considering that 
request, the application for a waiver of an initial performance test 
shall be submitted at least 60 days before the performance test if the 
site-specific test plan under paragraph (c) of this section is not 
submitted.
    (ii) If an application for a waiver of a subsequent performance test 
is made, the application may accompany any required compliance progress 
report, compliance status report, or excess emissions and continuous 
monitoring system performance report [such as those required under Sec. 
63.6(i), Sec. 63.9(h), and Sec. 63.10(e) or specified in a relevant 
standard or in the source's title V permit], but it shall be submitted 
at least 60 days before the performance test if the site-specific test 
plan required under paragraph (c) of this section is not submitted.
    (iii) Any application for a waiver of a performance test shall 
include information justifying the owner or operator's request for a 
waiver, such as the technical or economic infeasibility, or the 
impracticality, of the affected source performing the required test.
    (4) Approval of request to waive performance test. The Administrator 
will approve or deny a request for a waiver of a performance test made 
under paragraph (h)(3) of this section when he/she--
    (i) Approves or denies an extension of compliance under Sec. 
63.6(i)(8); or
    (ii) Approves or disapproves a site-specific test plan under Sec. 
63.7(c)(3); or
    (iii) Makes a determination of compliance following the submission 
of a required compliance status report or excess emissions and 
continuous monitoring systems performance report; or
    (iv) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made

[[Page 45]]

only after notice is given to the owner or operator of the affected 
source.

[59 FR 12430, Mar. 16, 1994, as amended at 65 FR 62215, Oct. 17, 2000; 
67 FR 16602, Apr. 5, 2002; 72 FR 27443, May 16, 2007; 75 FR 55655, Sept. 
13, 2010]



Sec. 63.8  Monitoring requirements.

    (a) Applicability. (1) The applicability of this section is set out 
in Sec. 63.1(a)(4).
    (2) For the purposes of this part, all CMS required under relevant 
standards shall be subject to the provisions of this section upon 
promulgation of performance specifications for CMS as specified in the 
relevant standard or otherwise by the Administrator.
    (3) [Reserved]
    (4) Additional monitoring requirements for control devices used to 
comply with provisions in relevant standards of this part are specified 
in Sec. 63.11.
    (b) Conduct of monitoring. (1) Monitoring shall be conducted as set 
forth in this section and the relevant standard(s) unless the 
Administrator--
    (i) Specifies or approves the use of minor changes in methodology 
for the specified monitoring requirements and procedures (see Sec. 
63.90(a) for definition); or
    (ii) Approves the use of an intermediate or major change or 
alternative to any monitoring requirements or procedures (see Sec. 
63.90(a) for definition).
    (iii) Owners or operators with flares subject to Sec. 63.11(b) are 
not subject to the requirements of this section unless otherwise 
specified in the relevant standard.
    (2)(i) When the emissions from two or more affected sources are 
combined before being released to the atmosphere, the owner or operator 
may install an applicable CMS for each emission stream or for the 
combined emissions streams, provided the monitoring is sufficient to 
demonstrate compliance with the relevant standard.
    (ii) If the relevant standard is a mass emission standard and the 
emissions from one affected source are released to the atmosphere 
through more than one point, the owner or operator must install an 
applicable CMS at each emission point unless the installation of fewer 
systems is--
    (A) Approved by the Administrator; or
    (B) Provided for in a relevant standard (e.g., instead of requiring 
that a CMS be installed at each emission point before the effluents from 
those points are channeled to a common control device, the standard 
specifies that only one CMS is required to be installed at the vent of 
the control device).
    (3) When more than one CMS is used to measure the emissions from one 
affected source (e.g., multiple breechings, multiple outlets), the owner 
or operator shall report the results as required for each CMS. However, 
when one CMS is used as a backup to another CMS, the owner or operator 
shall report the results from the CMS used to meet the monitoring 
requirements of this part. If both such CMS are used during a particular 
reporting period to meet the monitoring requirements of this part, then 
the owner or operator shall report the results from each CMS for the 
relevant compliance period.
    (c) Operation and maintenance of continuous monitoring systems. (1) 
The owner or operator of an affected source shall maintain and operate 
each CMS as specified in this section, or in a relevant standard, and in 
a manner consistent with good air pollution control practices. (i) The 
owner or operator of an affected source must maintain and operate each 
CMS as specified in Sec. 63.6(e)(1).
    (ii) The owner or operator must keep the necessary parts for routine 
repairs of the affected CMS equipment readily available.
    (iii) The owner or operator of an affected source must develop a 
written startup, shutdown, and malfunction plan for CMS as specified in 
Sec. 63.6(e)(3).
    (2)(i) All CMS must be installed such that representative measures 
of emissions or process parameters from the affected source are 
obtained. In addition, CEMS must be located according to procedures 
contained in the applicable performance specification(s).
    (ii) Unless the individual subpart states otherwise, the owner or 
operator must ensure the read out (that portion of the CMS that provides 
a visual display or record), or other indication of operation, from any 
CMS required for compliance with the emission standard

[[Page 46]]

is readily accessible on site for operational control or inspection by 
the operator of the equipment.
    (3) All CMS shall be installed, operational, and the data verified 
as specified in the relevant standard either prior to or in conjunction 
with conducting performance tests under Sec. 63.7. Verification of 
operational status shall, at a minimum, include completion of the 
manufacturer's written specifications or recommendations for 
installation, operation, and calibration of the system.
    (4) Except for system breakdowns, out-of-control periods, repairs, 
maintenance periods, calibration checks, and zero (low-level) and high-
level calibration drift adjustments, all CMS, including COMS and CEMS, 
shall be in continuous operation and shall meet minimum frequency of 
operation requirements as follows:
    (i) All COMS shall complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period.
    (ii) All CEMS for measuring emissions other than opacity shall 
complete a minimum of one cycle of operation (sampling, analyzing, and 
data recording) for each successive 15-minute period.
    (5) Unless otherwise approved by the Administrator, minimum 
procedures for COMS shall include a method for producing a simulated 
zero opacity condition and an upscale (high-level) opacity condition 
using a certified neutral density filter or other related technique to 
produce a known obscuration of the light beam. Such procedures shall 
provide a system check of all the analyzer's internal optical surfaces 
and all electronic circuitry, including the lamp and photodetector 
assembly normally used in the measurement of opacity.
    (6) The owner or operator of a CMS that is not a CPMS, which is 
installed in accordance with the provisions of this part and the 
applicable CMS performance specification(s), must check the zero (low-
level) and high-level calibration drifts at least once daily in 
accordance with the written procedure specified in the performance 
evaluation plan developed under paragraphs (e)(3)(i) and (ii) of this 
section. The zero (low-level) and high-level calibration drifts must be 
adjusted, at a minimum, whenever the 24-hour zero (low-level) drift 
exceeds two times the limits of the applicable performance 
specification(s) specified in the relevant standard. The system shall 
allow the amount of excess zero (low-level) and high-level drift 
measured at the 24-hour interval checks to be recorded and quantified 
whenever specified. For COMS, all optical and instrumental surfaces 
exposed to the effluent gases must be cleaned prior to performing the 
zero (low-level) and high-level drift adjustments; the optical surfaces 
and instrumental surfaces must be cleaned when the cumulative automatic 
zero compensation, if applicable, exceeds 4 percent opacity. The CPMS 
must be calibrated prior to use for the purposes of complying with this 
section. The CPMS must be checked daily for indication that the system 
is responding. If the CPMS system includes an internal system check, 
results must be recorded and checked daily for proper operation.
    (7)(i) A CMS is out of control if--
    (A) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift (CD) exceeds two times the applicable CD specification 
in the applicable performance specification or in the relevant standard; 
or
    (B) The CMS fails a performance test audit (e.g., cylinder gas 
audit), relative accuracy audit, relative accuracy test audit, or 
linearity test audit; or
    (C) The COMS CD exceeds two times the limit in the applicable 
performance specification in the relevant standard.
    (ii) When the CMS is out of control, the owner or operator of the 
affected source shall take the necessary corrective action and shall 
repeat all necessary tests which indicate that the system is out of 
control. The owner or operator shall take corrective action and conduct 
retesting until the performance requirements are below the applicable 
limits. The beginning of the out-of-control period is the hour the owner 
or operator conducts a performance check (e.g., calibration drift) that 
indicates an exceedance of the performance requirements established 
under this part. The end of the out-of-control

[[Page 47]]

period is the hour following the completion of corrective action and 
successful demonstration that the system is within the allowable limits. 
During the period the CMS is out of control, recorded data shall not be 
used in data averages and calculations, or to meet any data availability 
requirement established under this part.
    (8) The owner or operator of a CMS that is out of control as defined 
in paragraph (c)(7) of this section shall submit all information 
concerning out-of-control periods, including start and end dates and 
hours and descriptions of corrective actions taken, in the excess 
emissions and continuous monitoring system performance report required 
in Sec. 63.10(e)(3).
    (d) Quality control program. (1) The results of the quality control 
program required in this paragraph will be considered by the 
Administrator when he/she determines the validity of monitoring data.
    (2) The owner or operator of an affected source that is required to 
use a CMS and is subject to the monitoring requirements of this section 
and a relevant standard shall develop and implement a CMS quality 
control program. As part of the quality control program, the owner or 
operator shall develop and submit to the Administrator for approval upon 
request a site-specific performance evaluation test plan for the CMS 
performance evaluation required in paragraph (e)(3)(i) of this section, 
according to the procedures specified in paragraph (e). In addition, 
each quality control program shall include, at a minimum, a written 
protocol that describes procedures for each of the following operations:
    (i) Initial and any subsequent calibration of the CMS;
    (ii) Determination and adjustment of the calibration drift of the 
CMS;
    (iii) Preventive maintenance of the CMS, including spare parts 
inventory;
    (iv) Data recording, calculations, and reporting;
    (v) Accuracy audit procedures, including sampling and analysis 
methods; and
    (vi) Program of corrective action for a malfunctioning CMS.
    (3) The owner or operator shall keep these written procedures on 
record for the life of the affected source or until the affected source 
is no longer subject to the provisions of this part, to be made 
available for inspection, upon request, by the Administrator. If the 
performance evaluation plan is revised, the owner or operator shall keep 
previous (i.e., superseded) versions of the performance evaluation plan 
on record to be made available for inspection, upon request, by the 
Administrator, for a period of 5 years after each revision to the plan. 
Where relevant, e.g., program of corrective action for a malfunctioning 
CMS, these written procedures may be incorporated as part of the 
affected source's startup, shutdown, and malfunction plan to avoid 
duplication of planning and recordkeeping efforts.
    (e) Performance evaluation of continuous monitoring systems--(1) 
General. When required by a relevant standard, and at any other time the 
Administrator may require under section 114 of the Act, the owner or 
operator of an affected source being monitored shall conduct a 
performance evaluation of the CMS. Such performance evaluation shall be 
conducted according to the applicable specifications and procedures 
described in this section or in the relevant standard.
    (2) Notification of performance evaluation. The owner or operator 
shall notify the Administrator in writing of the date of the performance 
evaluation simultaneously with the notification of the performance test 
date required under Sec. 63.7(b) or at least 60 days prior to the date 
the performance evaluation is scheduled to begin if no performance test 
is required.
    (3)(i) Submission of site-specific performance evaluation test plan. 
Before conducting a required CMS performance evaluation, the owner or 
operator of an affected source shall develop and submit a site-specific 
performance evaluation test plan to the Administrator for approval upon 
request. The performance evaluation test plan shall include the 
evaluation program objectives, an evaluation program summary, the 
performance evaluation schedule, data quality objectives, and both an 
internal and external QA program. Data

[[Page 48]]

quality objectives are the pre-evaluation expectations of precision, 
accuracy, and completeness of data.
    (ii) The internal QA program shall include, at a minimum, the 
activities planned by routine operators and analysts to provide an 
assessment of CMS performance. The external QA program shall include, at 
a minimum, systems audits that include the opportunity for on-site 
evaluation by the Administrator of instrument calibration, data 
validation, sample logging, and documentation of quality control data 
and field maintenance activities.
    (iii) The owner or operator of an affected source shall submit the 
site-specific performance evaluation test plan to the Administrator (if 
requested) at least 60 days before the performance test or performance 
evaluation is scheduled to begin, or on a mutually agreed upon date, and 
review and approval of the performance evaluation test plan by the 
Administrator will occur with the review and approval of the site-
specific test plan (if review of the site-specific test plan is 
requested).
    (iv) The Administrator may request additional relevant information 
after the submittal of a site-specific performance evaluation test plan.
    (v) In the event that the Administrator fails to approve or 
disapprove the site-specific performance evaluation test plan within the 
time period specified in Sec. 63.7(c)(3), the following conditions 
shall apply:
    (A) If the owner or operator intends to demonstrate compliance using 
the monitoring method(s) specified in the relevant standard, the owner 
or operator shall conduct the performance evaluation within the time 
specified in this subpart using the specified method(s);
    (B) If the owner or operator intends to demonstrate compliance by 
using an alternative to a monitoring method specified in the relevant 
standard, the owner or operator shall refrain from conducting the 
performance evaluation until the Administrator approves the use of the 
alternative method. If the Administrator does not approve the use of the 
alternative method within 30 days before the performance evaluation is 
scheduled to begin, the performance evaluation deadlines specified in 
paragraph (e)(4) of this section may be extended such that the owner or 
operator shall conduct the performance evaluation within 60 calendar 
days after the Administrator approves the use of the alternative method. 
Notwithstanding the requirements in the preceding two sentences, the 
owner or operator may proceed to conduct the performance evaluation as 
required in this section (without the Administrator's prior approval of 
the site-specific performance evaluation test plan) if he/she 
subsequently chooses to use the specified monitoring method(s) instead 
of an alternative.
    (vi) Neither the submission of a site-specific performance 
evaluation test plan for approval, nor the Administrator's approval or 
disapproval of a plan, nor the Administrator's failure to approve or 
disapprove a plan in a timely manner shall--
    (A) Relieve an owner or operator of legal responsibility for 
compliance with any applicable provisions of this part or with any other 
applicable Federal, State, or local requirement; or
    (B) Prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.
    (4) Conduct of performance evaluation and performance evaluation 
dates. The owner or operator of an affected source shall conduct a 
performance evaluation of a required CMS during any performance test 
required under Sec. 63.7 in accordance with the applicable performance 
specification as specified in the relevant standard. Notwithstanding the 
requirement in the previous sentence, if the owner or operator of an 
affected source elects to submit COMS data for compliance with a 
relevant opacity emission standard as provided under Sec. 63.6(h)(7), 
he/she shall conduct a performance evaluation of the COMS as specified 
in the relevant standard, before the performance test required under 
Sec. 63.7 is conducted in time to submit the results of the performance 
evaluation as specified in paragraph (e)(5)(ii) of this section. If a 
performance test is not required, or the requirement for a performance 
test has been waived under Sec. 63.7(h), the owner or operator of an 
affected source shall conduct the performance evaluation

[[Page 49]]

not later than 180 days after the appropriate compliance date for the 
affected source, as specified in Sec. 63.7(a), or as otherwise 
specified in the relevant standard.
    (5) Reporting performance evaluation results. (i) The owner or 
operator shall furnish the Administrator a copy of a written report of 
the results of the performance evaluation simultaneously with the 
results of the performance test required under Sec. 63.7 or within 60 
days of completion of the performance evaluation if no test is required, 
unless otherwise specified in a relevant standard. The Administrator may 
request that the owner or operator submit the raw data from a 
performance evaluation in the report of the performance evaluation 
results.
    (ii) The owner or operator of an affected source using a COMS to 
determine opacity compliance during any performance test required under 
Sec. 63.7 and described in Sec. 63.6(d)(6) shall furnish the 
Administrator two or, upon request, three copies of a written report of 
the results of the COMS performance evaluation under this paragraph. The 
copies shall be provided at least 15 calendar days before the 
performance test required under Sec. 63.7 is conducted.
    (f) Use of an alternative monitoring method--(1) General. Until 
permission to use an alternative monitoring procedure (minor, 
intermediate, or major changes; see definition in Sec. 63.90(a)) has 
been granted by the Administrator under this paragraph (f)(1), the owner 
or operator of an affected source remains subject to the requirements of 
this section and the relevant standard.
    (2) After receipt and consideration of written application, the 
Administrator may approve alternatives to any monitoring methods or 
procedures of this part including, but not limited to, the following:
    (i) Alternative monitoring requirements when installation of a CMS 
specified by a relevant standard would not provide accurate measurements 
due to liquid water or other interferences caused by substances within 
the effluent gases;
    (ii) Alternative monitoring requirements when the affected source is 
infrequently operated;
    (iii) Alternative monitoring requirements to accommodate CEMS that 
require additional measurements to correct for stack moisture 
conditions;
    (iv) Alternative locations for installing CMS when the owner or 
operator can demonstrate that installation at alternate locations will 
enable accurate and representative measurements;
    (v) Alternate methods for converting pollutant concentration 
measurements to units of the relevant standard;
    (vi) Alternate procedures for performing daily checks of zero (low-
level) and high-level drift that do not involve use of high-level gases 
or test cells;
    (vii) Alternatives to the American Society for Testing and Materials 
(ASTM) test methods or sampling procedures specified by any relevant 
standard;
    (viii) Alternative CMS that do not meet the design or performance 
requirements in this part, but adequately demonstrate a definite and 
consistent relationship between their measurements and the measurements 
of opacity by a system complying with the requirements as specified in 
the relevant standard. The Administrator may require that such 
demonstration be performed for each affected source; or
    (ix) Alternative monitoring requirements when the effluent from a 
single affected source or the combined effluent from two or more 
affected sources is released to the atmosphere through more than one 
point.
    (3) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative monitoring method, requirement, or 
procedure, the Administrator may require the use of a method, 
requirement, or procedure specified in this section or in the relevant 
standard. If the results of the specified and alternative method, 
requirement, or procedure do not agree, the results obtained by the 
specified method, requirement, or procedure shall prevail.
    (4)(i) Request to use alternative monitoring procedure. An owner or 
operator who wishes to use an alternative monitoring procedure must 
submit an application to the Administrator as described in paragraph 
(f)(4)(ii) of this section. The application may be submitted at any time 
provided that the

[[Page 50]]

monitoring procedure is not the performance test method used to 
demonstrate compliance with a relevant standard or other requirement. If 
the alternative monitoring procedure will serve as the performance test 
method that is to be used to demonstrate compliance with a relevant 
standard, the application must be submitted at least 60 days before the 
performance evaluation is scheduled to begin and must meet the 
requirements for an alternative test method under Sec. 63.7(f).
    (ii) The application must contain a description of the proposed 
alternative monitoring system which addresses the four elements 
contained in the definition of monitoring in Sec. 63.2 and a 
performance evaluation test plan, if required, as specified in paragraph 
(e)(3) of this section. In addition, the application must include 
information justifying the owner or operator's request for an 
alternative monitoring method, such as the technical or economic 
infeasibility, or the impracticality, of the affected source using the 
required method.
    (iii) The owner or operator may submit the information required in 
this paragraph well in advance of the submittal dates specified in 
paragraph (f)(4)(i) above to ensure a timely review by the Administrator 
in order to meet the compliance demonstration date specified in this 
section or the relevant standard.
    (iv) Application for minor changes to monitoring procedures, as 
specified in paragraph (b)(1) of this section, may be made in the site-
specific performance evaluation plan.
    (5) Approval of request to use alternative monitoring procedure. (i) 
The Administrator will notify the owner or operator of approval or 
intention to deny approval of the request to use an alternative 
monitoring method within 30 calendar days after receipt of the original 
request and within 30 calendar days after receipt of any supplementary 
information that is submitted. If a request for a minor change is made 
in conjunction with site-specific performance evaluation plan, then 
approval of the plan will constitute approval of the minor change. 
Before disapproving any request to use an alternative monitoring method, 
the Administrator will notify the applicant of the Administrator's 
intention to disapprove the request together with--
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present 
additional information to the Administrator before final action on the 
request. At the time the Administrator notifies the applicant of his or 
her intention to disapprove the request, the Administrator will specify 
how much time the owner or operator will have after being notified of 
the intended disapproval to submit the additional information.
    (ii) The Administrator may establish general procedures and criteria 
in a relevant standard to accomplish the requirements of paragraph 
(f)(5)(i) of this section.
    (iii) If the Administrator approves the use of an alternative 
monitoring method for an affected source under paragraph (f)(5)(i) of 
this section, the owner or operator of such source shall continue to use 
the alternative monitoring method until he or she receives approval from 
the Administrator to use another monitoring method as allowed by Sec. 
63.8(f).
    (6) Alternative to the relative accuracy test. An alternative to the 
relative accuracy test for CEMS specified in a relevant standard may be 
requested as follows:
    (i) Criteria for approval of alternative procedures. An alternative 
to the test method for determining relative accuracy is available for 
affected sources with emission rates demonstrated to be less than 50 
percent of the relevant standard. The owner or operator of an affected 
source may petition the Administrator under paragraph (f)(6)(ii) of this 
section to substitute the relative accuracy test in section 7 of 
Performance Specification 2 with the procedures in section 10 if the 
results of a performance test conducted according to the requirements in 
Sec. 63.7, or other tests performed following the criteria in Sec. 
63.7, demonstrate that the emission rate of the pollutant of interest in 
the units of the relevant standard is less than 50 percent of the 
relevant standard. For affected sources subject to

[[Page 51]]

emission limitations expressed as control efficiency levels, the owner 
or operator may petition the Administrator to substitute the relative 
accuracy test with the procedures in section 10 of Performance 
Specification 2 if the control device exhaust emission rate is less than 
50 percent of the level needed to meet the control efficiency 
requirement. The alternative procedures do not apply if the CEMS is used 
continuously to determine compliance with the relevant standard.
    (ii) Petition to use alternative to relative accuracy test. The 
petition to use an alternative to the relative accuracy test shall 
include a detailed description of the procedures to be applied, the 
location and the procedure for conducting the alternative, the 
concentration or response levels of the alternative relative accuracy 
materials, and the other equipment checks included in the alternative 
procedure(s). The Administrator will review the petition for 
completeness and applicability. The Administrator's determination to 
approve an alternative will depend on the intended use of the CEMS data 
and may require specifications more stringent than in Performance 
Specification 2.
    (iii) Rescission of approval to use alternative to relative accuracy 
test. The Administrator will review the permission to use an alternative 
to the CEMS relative accuracy test and may rescind such permission if 
the CEMS data from a successful completion of the alternative relative 
accuracy procedure indicate that the affected source's emissions are 
approaching the level of the relevant standard. The criterion for 
reviewing the permission is that the collection of CEMS data shows that 
emissions have exceeded 70 percent of the relevant standard for any 
averaging period, as specified in the relevant standard. For affected 
sources subject to emission limitations expressed as control efficiency 
levels, the criterion for reviewing the permission is that the 
collection of CEMS data shows that exhaust emissions have exceeded 70 
percent of the level needed to meet the control efficiency requirement 
for any averaging period, as specified in the relevant standard. The 
owner or operator of the affected source shall maintain records and 
determine the level of emissions relative to the criterion for 
permission to use an alternative for relative accuracy testing. If this 
criterion is exceeded, the owner or operator shall notify the 
Administrator within 10 days of such occurrence and include a 
description of the nature and cause of the increased emissions. The 
Administrator will review the notification and may rescind permission to 
use an alternative and require the owner or operator to conduct a 
relative accuracy test of the CEMS as specified in section 7 of 
Performance Specification 2.
    (g) Reduction of monitoring data. (1) The owner or operator of each 
CMS must reduce the monitoring data as specified in paragraphs (g)(1) 
through (5) of this section.
    (2) The owner or operator of each COMS shall reduce all data to 6-
minute averages calculated from 36 or more data points equally spaced 
over each 6-minute period. Data from CEMS for measurement other than 
opacity, unless otherwise specified in the relevant standard, shall be 
reduced to 1-hour averages computed from four or more data points 
equally spaced over each 1-hour period, except during periods when 
calibration, quality assurance, or maintenance activities pursuant to 
provisions of this part are being performed. During these periods, a 
valid hourly average shall consist of at least two data points with each 
representing a 15-minute period. Alternatively, an arithmetic or 
integrated 1-hour average of CEMS data may be used. Time periods for 
averaging are defined in Sec. 63.2.
    (3) The data may be recorded in reduced or nonreduced form (e.g., 
ppm pollutant and percent O2 or ng/J of pollutant).
    (4) All emission data shall be converted into units of the relevant 
standard for reporting purposes using the conversion procedures 
specified in that standard. After conversion into units of the relevant 
standard, the data may be rounded to the same number of significant 
digits as used in that standard to specify the emission limit (e.g., 
rounded to the nearest 1 percent opacity).

[[Page 52]]

    (5) Monitoring data recorded during periods of unavoidable CMS 
breakdowns, out-of-control periods, repairs, maintenance periods, 
calibration checks, and zero (low-level) and high-level adjustments must 
not be included in any data average computed under this part. For the 
owner or operator complying with the requirements of Sec. 
63.10(b)(2)(vii)(A) or (B), data averages must include any data recorded 
during periods of monitor breakdown or malfunction.

[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 
FR 16603, Apr. 5, 2002; 71 FR 20455, Apr. 20, 2006]



Sec. 63.9  Notification requirements.

    (a) Applicability and general information. (1) The applicability of 
this section is set out in Sec. 63.1(a)(4).
    (2) For affected sources that have been granted an extension of 
compliance under subpart D of this part, the requirements of this 
section do not apply to those sources while they are operating under 
such compliance extensions.
    (3) If any State requires a notice that contains all the information 
required in a notification listed in this section, the owner or operator 
may send the Administrator a copy of the notice sent to the State to 
satisfy the requirements of this section for that notification.
    (4)(i) Before a State has been delegated the authority to implement 
and enforce notification requirements established under this part, the 
owner or operator of an affected source in such State subject to such 
requirements shall submit notifications to the appropriate Regional 
Office of the EPA (to the attention of the Director of the Division 
indicated in the list of the EPA Regional Offices in Sec. 63.13).
    (ii) After a State has been delegated the authority to implement and 
enforce notification requirements established under this part, the owner 
or operator of an affected source in such State subject to such 
requirements shall submit notifications to the delegated State authority 
(which may be the same as the permitting authority). In addition, if the 
delegated (permitting) authority is the State, the owner or operator 
shall send a copy of each notification submitted to the State to the 
appropriate Regional Office of the EPA, as specified in paragraph 
(a)(4)(i) of this section. The Regional Office may waive this 
requirement for any notifications at its discretion.
    (b) Initial notifications. (1)(i) The requirements of this paragraph 
apply to the owner or operator of an affected source when such source 
becomes subject to a relevant standard.
    (ii) If an area source that otherwise would be subject to an 
emission standard or other requirement established under this part if it 
were a major source subsequently increases its emissions of hazardous 
air pollutants (or its potential to emit hazardous air pollutants) such 
that the source is a major source that is subject to the emission 
standard or other requirement, such source shall be subject to the 
notification requirements of this section.
    (iii) Affected sources that are required under this paragraph to 
submit an initial notification may use the application for approval of 
construction or reconstruction under Sec. 63.5(d) of this subpart, if 
relevant, to fulfill the initial notification requirements of this 
paragraph.
    (2) The owner or operator of an affected source that has an initial 
startup before the effective date of a relevant standard under this part 
shall notify the Administrator in writing that the source is subject to 
the relevant standard. The notification, which shall be submitted not 
later than 120 calendar days after the effective date of the relevant 
standard (or within 120 calendar days after the source becomes subject 
to the relevant standard), shall provide the following information:
    (i) The name and address of the owner or operator;
    (ii) The address (i.e., physical location) of the affected source;
    (iii) An identification of the relevant standard, or other 
requirement, that is the basis of the notification and the source's 
compliance date;
    (iv) A brief description of the nature, size, design, and method of 
operation of the source and an identification of the types of emission 
points within the affected source subject to the relevant

[[Page 53]]

standard and types of hazardous air pollutants emitted; and
    (v) A statement of whether the affected source is a major source or 
an area source.
    (3) [Reserved]
    (4) The owner or operator of a new or reconstructed major affected 
source for which an application for approval of construction or 
reconstruction is required under Sec. 63.5(d) must provide the 
following information in writing to the Administrator:
    (i) A notification of intention to construct a new major-emitting 
affected source, reconstruct a major-emitting affected source, or 
reconstruct a major source such that the source becomes a major-emitting 
affected source with the application for approval of construction or 
reconstruction as specified in Sec. 63.5(d)(1)(i); and
    (ii)-(iv) [Reserved]
    (v) A notification of the actual date of startup of the source, 
delivered or postmarked within 15 calendar days after that date.
    (5) The owner or operator of a new or reconstructed affected source 
for which an application for approval of construction or reconstruction 
is not required under Sec. 63.5(d) must provide the following 
information in writing to the Administrator:
    (i) A notification of intention to construct a new affected source, 
reconstruct an affected source, or reconstruct a source such that the 
source becomes an affected source, and
    (ii) A notification of the actual date of startup of the source, 
delivered or postmarked within 15 calendar days after that date.
    (iii) Unless the owner or operator has requested and received prior 
permission from the Administrator to submit less than the information in 
Sec. 63.5(d), the notification must include the information required on 
the application for approval of construction or reconstruction as 
specified in Sec. 63.5(d)(1)(i).
    (c) Request for extension of compliance. If the owner or operator of 
an affected source cannot comply with a relevant standard by the 
applicable compliance date for that source, or if the owner or operator 
has installed BACT or technology to meet LAER consistent with Sec. 
63.6(i)(5) of this subpart, he/she may submit to the Administrator (or 
the State with an approved permit program) a request for an extension of 
compliance as specified in Sec. 63.6(i)(4) through Sec. 63.6(i)(6).
    (d) Notification that source is subject to special compliance 
requirements. An owner or operator of a new source that is subject to 
special compliance requirements as specified in Sec. 63.6(b)(3) and 
Sec. 63.6(b)(4) shall notify the Administrator of his/her compliance 
obligations not later than the notification dates established in 
paragraph (b) of this section for new sources that are not subject to 
the special provisions.
    (e) Notification of performance test. The owner or operator of an 
affected source shall notify the Administrator in writing of his or her 
intention to conduct a performance test at least 60 calendar days before 
the performance test is scheduled to begin to allow the Administrator to 
review and approve the site-specific test plan required under Sec. 
63.7(c), if requested by the Administrator, and to have an observer 
present during the test.
    (f) Notification of opacity and visible emission observations. The 
owner or operator of an affected source shall notify the Administrator 
in writing of the anticipated date for conducting the opacity or visible 
emission observations specified in Sec. 63.6(h)(5), if such 
observations are required for the source by a relevant standard. The 
notification shall be submitted with the notification of the performance 
test date, as specified in paragraph (e) of this section, or if no 
performance test is required or visibility or other conditions prevent 
the opacity or visible emission observations from being conducted 
concurrently with the initial performance test required under Sec. 
63.7, the owner or operator shall deliver or postmark the notification 
not less than 30 days before the opacity or visible emission 
observations are scheduled to take place.
    (g) Additional notification requirements for sources with continuous 
monitoring systems. The owner or operator of an affected source required 
to use a CMS by a relevant standard shall furnish the Administrator 
written notification as follows:

[[Page 54]]

    (1) A notification of the date the CMS performance evaluation under 
Sec. 63.8(e) is scheduled to begin, submitted simultaneously with the 
notification of the performance test date required under Sec. 63.7(b). 
If no performance test is required, or if the requirement to conduct a 
performance test has been waived for an affected source under Sec. 
63.7(h), the owner or operator shall notify the Administrator in writing 
of the date of the performance evaluation at least 60 calendar days 
before the evaluation is scheduled to begin;
    (2) A notification that COMS data results will be used to determine 
compliance with the applicable opacity emission standard during a 
performance test required by Sec. 63.7 in lieu of Method 9 or other 
opacity emissions test method data, as allowed by Sec. 63.6(h)(7)(ii), 
if compliance with an opacity emission standard is required for the 
source by a relevant standard. The notification shall be submitted at 
least 60 calendar days before the performance test is scheduled to 
begin; and
    (3) A notification that the criterion necessary to continue use of 
an alternative to relative accuracy testing, as provided by Sec. 
63.8(f)(6), has been exceeded. The notification shall be delivered or 
postmarked not later than 10 days after the occurrence of such 
exceedance, and it shall include a description of the nature and cause 
of the increased emissions.
    (h) Notification of compliance status. (1) The requirements of 
paragraphs (h)(2) through (h)(4) of this section apply when an affected 
source becomes subject to a relevant standard.
    (2)(i) Before a title V permit has been issued to the owner or 
operator of an affected source, and each time a notification of 
compliance status is required under this part, the owner or operator of 
such source shall submit to the Administrator a notification of 
compliance status, signed by the responsible official who shall certify 
its accuracy, attesting to whether the source has complied with the 
relevant standard. The notification shall list--
    (A) The methods that were used to determine compliance;
    (B) The results of any performance tests, opacity or visible 
emission observations, continuous monitoring system (CMS) performance 
evaluations, and/or other monitoring procedures or methods that were 
conducted;
    (C) The methods that will be used for determining continuing 
compliance, including a description of monitoring and reporting 
requirements and test methods;
    (D) The type and quantity of hazardous air pollutants emitted by the 
source (or surrogate pollutants if specified in the relevant standard), 
reported in units and averaging times and in accordance with the test 
methods specified in the relevant standard;
    (E) If the relevant standard applies to both major and area sources, 
an analysis demonstrating whether the affected source is a major source 
(using the emissions data generated for this notification);
    (F) A description of the air pollution control equipment (or method) 
for each emission point, including each control device (or method) for 
each hazardous air pollutant and the control efficiency (percent) for 
each control device (or method); and
    (G) A statement by the owner or operator of the affected existing, 
new, or reconstructed source as to whether the source has complied with 
the relevant standard or other requirements.
    (ii) The notification must be sent before the close of business on 
the 60th day following the completion of the relevant compliance 
demonstration activity specified in the relevant standard (unless a 
different reporting period is specified in the standard, in which case 
the letter must be sent before the close of business on the day the 
report of the relevant testing or monitoring results is required to be 
delivered or postmarked). For example, the notification shall be sent 
before close of business on the 60th (or other required) day following 
completion of the initial performance test and again before the close of 
business on the 60th (or other required) day following the completion of 
any subsequent required performance test. If no performance test is 
required but opacity or visible emission observations are required to 
demonstrate compliance with an opacity or visible emission standard 
under this part, the notification of compliance status shall be sent 
before close of

[[Page 55]]

business on the 30th day following the completion of opacity or visible 
emission observations. Notifications may be combined as long as the due 
date requirement for each notification is met.
    (3) After a title V permit has been issued to the owner or operator 
of an affected source, the owner or operator of such source shall comply 
with all requirements for compliance status reports contained in the 
source's title V permit, including reports required under this part. 
After a title V permit has been issued to the owner or operator of an 
affected source, and each time a notification of compliance status is 
required under this part, the owner or operator of such source shall 
submit the notification of compliance status to the appropriate 
permitting authority following completion of the relevant compliance 
demonstration activity specified in the relevant standard.
    (4) [Reserved]
    (5) If an owner or operator of an affected source submits estimates 
or preliminary information in the application for approval of 
construction or reconstruction required in Sec. 63.5(d) in place of the 
actual emissions data or control efficiencies required in paragraphs 
(d)(1)(ii)(H) and (d)(2) of Sec. 63.5, the owner or operator shall 
submit the actual emissions data and other correct information as soon 
as available but no later than with the initial notification of 
compliance status required in this section.
    (6) Advice on a notification of compliance status may be obtained 
from the Administrator.
    (i) Adjustment to time periods or postmark deadlines for submittal 
and review of required communications. (1)(i) Until an adjustment of a 
time period or postmark deadline has been approved by the Administrator 
under paragraphs (i)(2) and (i)(3) of this section, the owner or 
operator of an affected source remains strictly subject to the 
requirements of this part.
    (ii) An owner or operator shall request the adjustment provided for 
in paragraphs (i)(2) and (i)(3) of this section each time he or she 
wishes to change an applicable time period or postmark deadline 
specified in this part.
    (2) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. An owner 
or operator who wishes to request a change in a time period or postmark 
deadline for a particular requirement shall request the adjustment in 
writing as soon as practicable before the subject activity is required 
to take place. The owner or operator shall include in the request 
whatever information he or she considers useful to convince the 
Administrator that an adjustment is warranted.
    (3) If, in the Administrator's judgment, an owner or operator's 
request for an adjustment to a particular time period or postmark 
deadline is warranted, the Administrator will approve the adjustment. 
The Administrator will notify the owner or operator in writing of 
approval or disapproval of the request for an adjustment within 15 
calendar days of receiving sufficient information to evaluate the 
request.
    (4) If the Administrator is unable to meet a specified deadline, he 
or she will notify the owner or operator of any significant delay and 
inform the owner or operator of the amended schedule.
    (j) Change in information already provided. Any change in the 
information already provided under this section shall be provided to the 
Administrator in writing within 15 calendar days after the change.

[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 
FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003]



Sec. 63.10  Recordkeeping and reporting requirements.

    (a) Applicability and general information. (1) The applicability of 
this section is set out in Sec. 63.1(a)(4).
    (2) For affected sources that have been granted an extension of 
compliance under subpart D of this part, the requirements of this 
section do not apply to those sources while they are operating under 
such compliance extensions.

[[Page 56]]

    (3) If any State requires a report that contains all the information 
required in a report listed in this section, an owner or operator may 
send the Administrator a copy of the report sent to the State to satisfy 
the requirements of this section for that report.
    (4)(i) Before a State has been delegated the authority to implement 
and enforce recordkeeping and reporting requirements established under 
this part, the owner or operator of an affected source in such State 
subject to such requirements shall submit reports to the appropriate 
Regional Office of the EPA (to the attention of the Director of the 
Division indicated in the list of the EPA Regional Offices in Sec. 
63.13).
    (ii) After a State has been delegated the authority to implement and 
enforce recordkeeping and reporting requirements established under this 
part, the owner or operator of an affected source in such State subject 
to such requirements shall submit reports to the delegated State 
authority (which may be the same as the permitting authority). In 
addition, if the delegated (permitting) authority is the State, the 
owner or operator shall send a copy of each report submitted to the 
State to the appropriate Regional Office of the EPA, as specified in 
paragraph (a)(4)(i) of this section. The Regional Office may waive this 
requirement for any reports at its discretion.
    (5) If an owner or operator of an affected source in a State with 
delegated authority is required to submit periodic reports under this 
part to the State, and if the State has an established timeline for the 
submission of periodic reports that is consistent with the reporting 
frequency(ies) specified for such source under this part, the owner or 
operator may change the dates by which periodic reports under this part 
shall be submitted (without changing the frequency of reporting) to be 
consistent with the State's schedule by mutual agreement between the 
owner or operator and the State. For each relevant standard established 
pursuant to section 112 of the Act, the allowance in the previous 
sentence applies in each State beginning 1 year after the affected 
source's compliance date for that standard. Procedures governing the 
implementation of this provision are specified in Sec. 63.9(i).
    (6) If an owner or operator supervises one or more stationary 
sources affected by more than one standard established pursuant to 
section 112 of the Act, he/she may arrange by mutual agreement between 
the owner or operator and the Administrator (or the State permitting 
authority) a common schedule on which periodic reports required for each 
source shall be submitted throughout the year. The allowance in the 
previous sentence applies in each State beginning 1 year after the 
latest compliance date for any relevant standard established pursuant to 
section 112 of the Act for any such affected source(s). Procedures 
governing the implementation of this provision are specified in Sec. 
63.9(i).
    (7) If an owner or operator supervises one or more stationary 
sources affected by standards established pursuant to section 112 of the 
Act (as amended November 15, 1990) and standards set under part 60, part 
61, or both such parts of this chapter, he/she may arrange by mutual 
agreement between the owner or operator and the Administrator (or the 
State permitting authority) a common schedule on which periodic reports 
required by each relevant (i.e., applicable) standard shall be submitted 
throughout the year. The allowance in the previous sentence applies in 
each State beginning 1 year after the stationary source is required to 
be in compliance with the relevant section 112 standard, or 1 year after 
the stationary source is required to be in compliance with the 
applicable part 60 or part 61 standard, whichever is latest. Procedures 
governing the implementation of this provision are specified in Sec. 
63.9(i).
    (b) General recordkeeping requirements. (1) The owner or operator of 
an affected source subject to the provisions of this part shall maintain 
files of all information (including all reports and notifications) 
required by this part recorded in a form suitable and readily available 
for expeditious inspection and review. The files shall be retained for 
at least 5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record. At a minimum, the 
most recent 2 years of

[[Page 57]]

data shall be retained on site. The remaining 3 years of data may be 
retained off site. Such files may be maintained on microfilm, on a 
computer, on computer floppy disks, on magnetic tape disks, or on 
microfiche.
    (2) The owner or operator of an affected source subject to the 
provisions of this part shall maintain relevant records for such source 
of--
    (i) The occurrence and duration of each startup or shutdown when the 
startup or shutdown causes the source to exceed any applicable emission 
limitation in the relevant emission standards;
    (ii) The occurrence and duration of each malfunction of operation 
(i.e., process equipment) or the required air pollution control and 
monitoring equipment;
    (iii) All required maintenance performed on the air pollution 
control and monitoring equipment;
    (iv)(A) Actions taken during periods of startup or shutdown when the 
source exceeded applicable emission limitations in a relevant standard 
and when the actions taken are different from the procedures specified 
in the affected source's startup, shutdown, and malfunction plan (see 
Sec. 63.6(e)(3)); or
    (B) Actions taken during periods of malfunction (including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation) when the actions taken are different from the procedures 
specified in the affected source's startup, shutdown, and malfunction 
plan (see Sec. 63.6(e)(3));
    (v) All information necessary, including actions taken, to 
demonstrate conformance with the affected source's startup, shutdown, 
and malfunction plan (see Sec. 63.6(e)(3)) when all actions taken 
during periods of startup or shutdown (and the startup or shutdown 
causes the source to exceed any applicable emission limitation in the 
relevant emission standards), and malfunction (including corrective 
actions to restore malfunctioning process and air pollution control and 
monitoring equipment to its normal or usual manner of operation) are 
consistent with the procedures specified in such plan. (The information 
needed to demonstrate conformance with the startup, shutdown, and 
malfunction plan may be recorded using a ``checklist,'' or some other 
effective form of recordkeeping, in order to minimize the recordkeeping 
burden for conforming events);
    (vi) Each period during which a CMS is malfunctioning or inoperative 
(including out-of-control periods);
    (vii) All required measurements needed to demonstrate compliance 
with a relevant standard (including, but not limited to, 15-minute 
averages of CMS data, raw performance testing measurements, and raw 
performance evaluation measurements, that support data that the source 
is required to report);
    (A) This paragraph applies to owners or operators required to 
install a continuous emissions monitoring system (CEMS) where the CEMS 
installed is automated, and where the calculated data averages do not 
exclude periods of CEMS breakdown or malfunction. An automated CEMS 
records and reduces the measured data to the form of the pollutant 
emission standard through the use of a computerized data acquisition 
system. In lieu of maintaining a file of all CEMS subhourly measurements 
as required under paragraph (b)(2)(vii) of this section, the owner or 
operator shall retain the most recent consecutive three averaging 
periods of subhourly measurements and a file that contains a hard copy 
of the data acquisition system algorithm used to reduce the measured 
data into the reportable form of the standard.
    (B) This paragraph applies to owners or operators required to 
install a CEMS where the measured data is manually reduced to obtain the 
reportable form of the standard, and where the calculated data averages 
do not exclude periods of CEMS breakdown or malfunction. In lieu of 
maintaining a file of all CEMS subhourly measurements as required under 
paragraph (b)(2)(vii) of this section, the owner or operator shall 
retain all subhourly measurements for the most recent reporting period. 
The subhourly measurements shall be retained for 120 days from the date 
of the most recent summary or excess emission report submitted to the 
Administrator.

[[Page 58]]

    (C) The Administrator or delegated authority, upon notification to 
the source, may require the owner or operator to maintain all 
measurements as required by paragraph (b)(2)(vii), if the administrator 
or the delegated authority determines these records are required to more 
accurately assess the compliance status of the affected source.
    (viii) All results of performance tests, CMS performance 
evaluations, and opacity and visible emission observations;
    (ix) All measurements as may be necessary to determine the 
conditions of performance tests and performance evaluations;
    (x) All CMS calibration checks;
    (xi) All adjustments and maintenance performed on CMS;
    (xii) Any information demonstrating whether a source is meeting the 
requirements for a waiver of recordkeeping or reporting requirements 
under this part, if the source has been granted a waiver under paragraph 
(f) of this section;
    (xiii) All emission levels relative to the criterion for obtaining 
permission to use an alternative to the relative accuracy test, if the 
source has been granted such permission under Sec. 63.8(f)(6); and
    (xiv) All documentation supporting initial notifications and 
notifications of compliance status under Sec. 63.9.
    (3) Recordkeeping requirement for applicability determinations. If 
an owner or operator determines that his or her stationary source that 
emits (or has the potential to emit, without considering controls) one 
or more hazardous air pollutants regulated by any standard established 
pursuant to section 112(d) or (f), and that stationary source is in the 
source category regulated by the relevant standard, but that source is 
not subject to the relevant standard (or other requirement established 
under this part) because of limitations on the source's potential to 
emit or an exclusion, the owner or operator must keep a record of the 
applicability determination on site at the source for a period of 5 
years after the determination, or until the source changes its 
operations to become an affected source, whichever comes first. The 
record of the applicability determination must be signed by the person 
making the determination and include an analysis (or other information) 
that demonstrates why the owner or operator believes the source is 
unaffected (e.g., because the source is an area source). The analysis 
(or other information) must be sufficiently detailed to allow the 
Administrator to make a finding about the source's applicability status 
with regard to the relevant standard or other requirement. If relevant, 
the analysis must be performed in accordance with requirements 
established in relevant subparts of this part for this purpose for 
particular categories of stationary sources. If relevant, the analysis 
should be performed in accordance with EPA guidance materials published 
to assist sources in making applicability determinations under section 
112, if any. The requirements to determine applicability of a standard 
under Sec. 63.1(b)(3) and to record the results of that determination 
under paragraph (b)(3) of this section shall not by themselves create an 
obligation for the owner or operator to obtain a title V permit.
    (c) Additional recordkeeping requirements for sources with 
continuous monitoring systems. In addition to complying with the 
requirements specified in paragraphs (b)(1) and (b)(2) of this section, 
the owner or operator of an affected source required to install a CMS by 
a relevant standard shall maintain records for such source of--
    (1) All required CMS measurements (including monitoring data 
recorded during unavoidable CMS breakdowns and out-of-control periods);
    (2)-(4) [Reserved]
    (5) The date and time identifying each period during which the CMS 
was inoperative except for zero (low-level) and high-level checks;
    (6) The date and time identifying each period during which the CMS 
was out of control, as defined in Sec. 63.8(c)(7);
    (7) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions and 
parameter monitoring exceedances, as defined in the relevant 
standard(s), that occurs during startups, shutdowns, and malfunctions of 
the affected source;

[[Page 59]]

    (8) The specific identification (i.e., the date and time of 
commencement and completion) of each time period of excess emissions and 
parameter monitoring exceedances, as defined in the relevant 
standard(s), that occurs during periods other than startups, shutdowns, 
and malfunctions of the affected source;
    (9) [Reserved]
    (10) The nature and cause of any malfunction (if known);
    (11) The corrective action taken or preventive measures adopted;
    (12) The nature of the repairs or adjustments to the CMS that was 
inoperative or out of control;
    (13) The total process operating time during the reporting period; 
and
    (14) All procedures that are part of a quality control program 
developed and implemented for CMS under Sec. 63.8(d).
    (15) In order to satisfy the requirements of paragraphs (c)(10) 
through (c)(12) of this section and to avoid duplicative recordkeeping 
efforts, the owner or operator may use the affected source's startup, 
shutdown, and malfunction plan or records kept to satisfy the 
recordkeeping requirements of the startup, shutdown, and malfunction 
plan specified in Sec. 63.6(e), provided that such plan and records 
adequately address the requirements of paragraphs (c)(10) through 
(c)(12).
    (d) General reporting requirements. (1) Notwithstanding the 
requirements in this paragraph or paragraph (e) of this section, and 
except as provided in Sec. 63.16, the owner or operator of an affected 
source subject to reporting requirements under this part shall submit 
reports to the Administrator in accordance with the reporting 
requirements in the relevant standard(s).
    (2) Reporting results of performance tests. Before a title V permit 
has been issued to the owner or operator of an affected source, the 
owner or operator shall report the results of any performance test under 
Sec. 63.7 to the Administrator. After a title V permit has been issued 
to the owner or operator of an affected source, the owner or operator 
shall report the results of a required performance test to the 
appropriate permitting authority. The owner or operator of an affected 
source shall report the results of the performance test to the 
Administrator (or the State with an approved permit program) before the 
close of business on the 60th day following the completion of the 
performance test, unless specified otherwise in a relevant standard or 
as approved otherwise in writing by the Administrator. The results of 
the performance test shall be submitted as part of the notification of 
compliance status required under Sec. 63.9(h).
    (3) Reporting results of opacity or visible emission observations. 
The owner or operator of an affected source required to conduct opacity 
or visible emission observations by a relevant standard shall report the 
opacity or visible emission results (produced using Test Method 9 or 
Test Method 22, or an alternative to these test methods) along with the 
results of the performance test required under Sec. 63.7. If no 
performance test is required, or if visibility or other conditions 
prevent the opacity or visible emission observations from being 
conducted concurrently with the performance test required under Sec. 
63.7, the owner or operator shall report the opacity or visible emission 
results before the close of business on the 30th day following the 
completion of the opacity or visible emission observations.
    (4) Progress reports. The owner or operator of an affected source 
who is required to submit progress reports as a condition of receiving 
an extension of compliance under Sec. 63.6(i) shall submit such reports 
to the Administrator (or the State with an approved permit program) by 
the dates specified in the written extension of compliance.
    (5)(i) Periodic startup, shutdown, and malfunction reports. If 
actions taken by an owner or operator during a startup or shutdown (and 
the startup or shutdown causes the source to exceed any applicable 
emission limitation in the relevant emission standards), or malfunction 
of an affected source (including actions taken to correct a malfunction) 
are consistent with the procedures specified in the source's startup, 
shutdown, and malfunction plan (see Sec. 63.6(e)(3)), the owner or 
operator shall state such information in a startup,

[[Page 60]]

shutdown, and malfunction report. Actions taken to minimize emissions 
during such startups, shutdowns, and malfunctions shall be summarized in 
the report and may be done in checklist form; if actions taken are the 
same for each event, only one checklist is necessary. Such a report 
shall also include the number, duration, and a brief description for 
each type of malfunction which occurred during the reporting period and 
which caused or may have caused any applicable emission limitation to be 
exceeded. Reports shall only be required if a startup or shutdown caused 
the source to exceed any applicable emission limitation in the relevant 
emission standards, or if a malfunction occurred during the reporting 
period. The startup, shutdown, and malfunction report shall consist of a 
letter, containing the name, title, and signature of the owner or 
operator or other responsible official who is certifying its accuracy, 
that shall be submitted to the Administrator semiannually (or on a more 
frequent basis if specified otherwise in a relevant standard or as 
established otherwise by the permitting authority in the source's title 
V permit). The startup, shutdown, and malfunction report shall be 
delivered or postmarked by the 30th day following the end of each 
calendar half (or other calendar reporting period, as appropriate). If 
the owner or operator is required to submit excess emissions and 
continuous monitoring system performance (or other periodic) reports 
under this part, the startup, shutdown, and malfunction reports required 
under this paragraph may be submitted simultaneously with the excess 
emissions and continuous monitoring system performance (or other) 
reports. If startup, shutdown, and malfunction reports are submitted 
with excess emissions and continuous monitoring system performance (or 
other periodic) reports, and the owner or operator receives approval to 
reduce the frequency of reporting for the latter under paragraph (e) of 
this section, the frequency of reporting for the startup, shutdown, and 
malfunction reports also may be reduced if the Administrator does not 
object to the intended change. The procedures to implement the allowance 
in the preceding sentence shall be the same as the procedures specified 
in paragraph (e)(3) of this section.
    (ii) Immediate startup, shutdown, and malfunction reports. 
Notwithstanding the allowance to reduce the frequency of reporting for 
periodic startup, shutdown, and malfunction reports under paragraph 
(d)(5)(i) of this section, any time an action taken by an owner or 
operator during a startup or shutdown that caused the source to exceed 
any applicable emission limitation in the relevant emission standards, 
or malfunction (including actions taken to correct a malfunction) is not 
consistent with the procedures specified in the affected source's 
startup, shutdown, and malfunction plan, the owner or operator shall 
report the actions taken for that event within 2 working days after 
commencing actions inconsistent with the plan followed by a letter 
within 7 working days after the end of the event. The immediate report 
required under this paragraph (d)(5)(ii) shall consist of a telephone 
call (or facsimile (FAX) transmission) to the Administrator within 2 
working days after commencing actions inconsistent with the plan, and it 
shall be followed by a letter, delivered or postmarked within 7 working 
days after the end of the event, that contains the name, title, and 
signature of the owner or operator or other responsible official who is 
certifying its accuracy, explaining the circumstances of the event, the 
reasons for not following the startup, shutdown, and malfunction plan, 
describing all excess emissions and/or parameter monitoring exceedances 
which are believed to have occurred (or could have occurred in the case 
of malfunctions), and actions taken to minimize emissions in conformance 
with Sec. 63.6(e)(1)(i). Notwithstanding the requirements of the 
previous sentence, after the effective date of an approved permit 
program in the State in which an affected source is located, the owner 
or operator may make alternative reporting arrangements, in advance, 
with the permitting authority in that State. Procedures governing the 
arrangement of alternative reporting requirements under this paragraph 
(d)(5)(ii) are specified in Sec. 63.9(i).
    (e) Additional reporting requirements for sources with continuous 
monitoring

[[Page 61]]

systems--(1) General. When more than one CEMS is used to measure the 
emissions from one affected source (e.g., multiple breechings, multiple 
outlets), the owner or operator shall report the results as required for 
each CEMS.
    (2) Reporting results of continuous monitoring system performance 
evaluations. (i) The owner or operator of an affected source required to 
install a CMS by a relevant standard shall furnish the Administrator a 
copy of a written report of the results of the CMS performance 
evaluation, as required under Sec. 63.8(e), simultaneously with the 
results of the performance test required under Sec. 63.7, unless 
otherwise specified in the relevant standard.
    (ii) The owner or operator of an affected source using a COMS to 
determine opacity compliance during any performance test required under 
Sec. 63.7 and described in Sec. 63.6(d)(6) shall furnish the 
Administrator two or, upon request, three copies of a written report of 
the results of the COMS performance evaluation conducted under Sec. 
63.8(e). The copies shall be furnished at least 15 calendar days before 
the performance test required under Sec. 63.7 is conducted.
    (3) Excess emissions and continuous monitoring system performance 
report and summary report. (i) Excess emissions and parameter monitoring 
exceedances are defined in relevant standards. The owner or operator of 
an affected source required to install a CMS by a relevant standard 
shall submit an excess emissions and continuous monitoring system 
performance report and/or a summary report to the Administrator 
semiannually, except when--
    (A) More frequent reporting is specifically required by a relevant 
standard;
    (B) The Administrator determines on a case-by-case basis that more 
frequent reporting is necessary to accurately assess the compliance 
status of the source; or
    (C) [Reserved]
    (D) The affected source is complying with the Performance Track 
Provisions of Sec. 63.16, which allows less frequent reporting.
    (ii) Request to reduce frequency of excess emissions and continuous 
monitoring system performance reports. Notwithstanding the frequency of 
reporting requirements specified in paragraph (e)(3)(i) of this section, 
an owner or operator who is required by a relevant standard to submit 
excess emissions and continuous monitoring system performance (and 
summary) reports on a quarterly (or more frequent) basis may reduce the 
frequency of reporting for that standard to semiannual if the following 
conditions are met:
    (A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting 
periods) the affected source's excess emissions and continuous 
monitoring system performance reports continually demonstrate that the 
source is in compliance with the relevant standard;
    (B) The owner or operator continues to comply with all recordkeeping 
and monitoring requirements specified in this subpart and the relevant 
standard; and
    (C) The Administrator does not object to a reduced frequency of 
reporting for the affected source, as provided in paragraph (e)(3)(iii) 
of this section.
    (iii) The frequency of reporting of excess emissions and continuous 
monitoring system performance (and summary) reports required to comply 
with a relevant standard may be reduced only after the owner or operator 
notifies the Administrator in writing of his or her intention to make 
such a change and the Administrator does not object to the intended 
change. In deciding whether to approve a reduced frequency of reporting, 
the Administrator may review information concerning the source's entire 
previous performance history during the 5-year recordkeeping period 
prior to the intended change, including performance test results, 
monitoring data, and evaluations of an owner or operator's conformance 
with operation and maintenance requirements. Such information may be 
used by the Administrator to make a judgment about the source's 
potential for noncompliance in the future. If the Administrator 
disapproves the owner or operator's request to reduce the frequency of 
reporting, the Administrator will notify the owner or operator in 
writing within 45 days after receiving notice of the owner or operator's 
intention. The notification from the Administrator to the owner or 
operator will

[[Page 62]]

specify the grounds on which the disapproval is based. In the absence of 
a notice of disapproval within 45 days, approval is automatically 
granted.
    (iv) As soon as CMS data indicate that the source is not in 
compliance with any emission limitation or operating parameter specified 
in the relevant standard, the frequency of reporting shall revert to the 
frequency specified in the relevant standard, and the owner or operator 
shall submit an excess emissions and continuous monitoring system 
performance (and summary) report for the noncomplying emission points at 
the next appropriate reporting period following the noncomplying event. 
After demonstrating ongoing compliance with the relevant standard for 
another full year, the owner or operator may again request approval from 
the Administrator to reduce the frequency of reporting for that 
standard, as provided for in paragraphs (e)(3)(ii) and (e)(3)(iii) of 
this section.
    (v) Content and submittal dates for excess emissions and monitoring 
system performance reports. All excess emissions and monitoring system 
performance reports and all summary reports, if required, shall be 
delivered or postmarked by the 30th day following the end of each 
calendar half or quarter, as appropriate. Written reports of excess 
emissions or exceedances of process or control system parameters shall 
include all the information required in paragraphs (c)(5) through 
(c)(13) of this section, in Sec. Sec. 63.8(c)(7) and 63.8(c)(8), and in 
the relevant standard, and they shall contain the name, title, and 
signature of the responsible official who is certifying the accuracy of 
the report. When no excess emissions or exceedances of a parameter have 
occurred, or a CMS has not been inoperative, out of control, repaired, 
or adjusted, such information shall be stated in the report.
    (vi) Summary report. As required under paragraphs (e)(3)(vii) and 
(e)(3)(viii) of this section, one summary report shall be submitted for 
the hazardous air pollutants monitored at each affected source (unless 
the relevant standard specifies that more than one summary report is 
required, e.g., one summary report for each hazardous air pollutant 
monitored). The summary report shall be entitled ``Summary Report--
Gaseous and Opacity Excess Emission and Continuous Monitoring System 
Performance'' and shall contain the following information:
    (A) The company name and address of the affected source;
    (B) An identification of each hazardous air pollutant monitored at 
the affected source;
    (C) The beginning and ending dates of the reporting period;
    (D) A brief description of the process units;
    (E) The emission and operating parameter limitations specified in 
the relevant standard(s);
    (F) The monitoring equipment manufacturer(s) and model number(s);
    (G) The date of the latest CMS certification or audit;
    (H) The total operating time of the affected source during the 
reporting period;
    (I) An emission data summary (or similar summary if the owner or 
operator monitors control system parameters), including the total 
duration of excess emissions during the reporting period (recorded in 
minutes for opacity and hours for gases), the total duration of excess 
emissions expressed as a percent of the total source operating time 
during that reporting period, and a breakdown of the total duration of 
excess emissions during the reporting period into those that are due to 
startup/shutdown, control equipment problems, process problems, other 
known causes, and other unknown causes;
    (J) A CMS performance summary (or similar summary if the owner or 
operator monitors control system parameters), including the total CMS 
downtime during the reporting period (recorded in minutes for opacity 
and hours for gases), the total duration of CMS downtime expressed as a 
percent of the total source operating time during that reporting period, 
and a breakdown of the total CMS downtime during the reporting period 
into periods that are due to monitoring equipment malfunctions, 
nonmonitoring equipment malfunctions, quality assurance/quality control 
calibrations, other

[[Page 63]]

known causes, and other unknown causes;
    (K) A description of any changes in CMS, processes, or controls 
since the last reporting period;
    (L) The name, title, and signature of the responsible official who 
is certifying the accuracy of the report; and
    (M) The date of the report.
    (vii) If the total duration of excess emissions or process or 
control system parameter exceedances for the reporting period is less 
than 1 percent of the total operating time for the reporting period, and 
CMS downtime for the reporting period is less than 5 percent of the 
total operating time for the reporting period, only the summary report 
shall be submitted, and the full excess emissions and continuous 
monitoring system performance report need not be submitted unless 
required by the Administrator.
    (viii) If the total duration of excess emissions or process or 
control system parameter exceedances for the reporting period is 1 
percent or greater of the total operating time for the reporting period, 
or the total CMS downtime for the reporting period is 5 percent or 
greater of the total operating time for the reporting period, both the 
summary report and the excess emissions and continuous monitoring system 
performance report shall be submitted.
    (4) Reporting continuous opacity monitoring system data produced 
during a performance test. The owner or operator of an affected source 
required to use a COMS shall record the monitoring data produced during 
a performance test required under Sec. 63.7 and shall furnish the 
Administrator a written report of the monitoring results. The report of 
COMS data shall be submitted simultaneously with the report of the 
performance test results required in paragraph (d)(2) of this section.
    (f) Waiver of recordkeeping or reporting requirements. (1) Until a 
waiver of a recordkeeping or reporting requirement has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source remains subject to the requirements of this section.
    (2) Recordkeeping or reporting requirements may be waived upon 
written application to the Administrator if, in the Administrator's 
judgment, the affected source is achieving the relevant standard(s), or 
the source is operating under an extension of compliance, or the owner 
or operator has requested an extension of compliance and the 
Administrator is still considering that request.
    (3) If an application for a waiver of recordkeeping or reporting is 
made, the application shall accompany the request for an extension of 
compliance under Sec. 63.6(i), any required compliance progress report 
or compliance status report required under this part (such as under 
Sec. Sec. 63.6(i) and 63.9(h)) or in the source's title V permit, or an 
excess emissions and continuous monitoring system performance report 
required under paragraph (e) of this section, whichever is applicable. 
The application shall include whatever information the owner or operator 
considers useful to convince the Administrator that a waiver of 
recordkeeping or reporting is warranted.
    (4) The Administrator will approve or deny a request for a waiver of 
recordkeeping or reporting requirements under this paragraph when he/
she--
    (i) Approves or denies an extension of compliance; or
    (ii) Makes a determination of compliance following the submission of 
a required compliance status report or excess emissions and continuous 
monitoring systems performance report; or
    (iii) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) A waiver of any recordkeeping or reporting requirement granted 
under this paragraph may be conditioned on other recordkeeping or 
reporting requirements deemed necessary by the Administrator.
    (6) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made

[[Page 64]]

only after notice is given to the owner or operator of the affected 
source.

[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 
FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003; 69 FR 21752, Apr. 22, 
2004; 71 FR 20455, Apr. 20, 2006]



Sec. 63.11  Control device and work practice requirements.

    (a) Applicability. (1) The applicability of this section is set out 
in Sec. 63.1(a)(4).
    (2) This section contains requirements for control devices used to 
comply with applicable subparts of this part. The requirements are 
placed here for administrative convenience and apply only to facilities 
covered by subparts referring to this section.
    (3) This section also contains requirements for an alternative work 
practice used to identify leaking equipment. This alternative work 
practice is placed here for administrative convenience and is available 
to all subparts in 40 CFR parts 60, 61, 63, and 65 that require 
monitoring of equipment with a 40 CFR part 60, appendix A-7, Method 21 
monitor.
    (b) Flares. (1) Owners or operators using flares to comply with the 
provisions of this part shall monitor these control devices to assure 
that they are operated and maintained in conformance with their designs. 
Applicable subparts will provide provisions stating how owners or 
operators using flares shall monitor these control devices.
    (2) Flares shall be steam-assisted, air-assisted, or non-assisted.
    (3) Flares shall be operated at all times when emissions may be 
vented to them.
    (4) Flares shall be designed for and operated with no visible 
emissions, except for periods not to exceed a total of 5 minutes during 
any 2 consecutive hours. Test Method 22 in appendix A of part 60 of this 
chapter shall be used to determine the compliance of flares with the 
visible emission provisions of this part. The observation period is 2 
hours and shall be used according to Method 22.
    (5) Flares shall be operated with a flame present at all times. The 
presence of a flare pilot flame shall be monitored using a thermocouple 
or any other equivalent device to detect the presence of a flame.
    (6) An owner/operator has the choice of adhering to the heat content 
specifications in paragraph (b)(6)(ii) of this section, and the maximum 
tip velocity specifications in paragraph (b)(7) or (b)(8) of this 
section, or adhering to the requirements in paragraph (b)(6)(i) of this 
section.
    (i)(A) Flares shall be used that have a diameter of 3 inches or 
greater, are nonassisted, have a hydrogen content of 8.0 percent (by 
volume) or greater, and are designed for and operated with an exit 
velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity 
Vmax, as determined by the following equation:

Vmax=(XH2-K1)* K2

Where:

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

    (B) The actual exit velocity of a flare shall be determined by the 
method specified in paragraph (b)(7)(i) of this section.
    (ii) Flares shall be used only with the net heating value of the gas 
being combusted at 11.2 MJ/scm (300 Btu/scf) or greater if the flare is 
steam-assisted or air-assisted; or with the net heating value of the gas 
being combusted at 7.45 M/scm (200 Btu/scf) or greater if the flares is 
non-assisted. The net heating value of the gas being combusted in a 
flare shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR04MY98.004

Where:

HT=Net heating value of the sample, MJ/scm; where the net 
          enthalpy per mole of offgas is based on combustion at 25 
          [deg]C and 760 mm Hg, but the standard temperature for 
          determining the volume corresponding to one mole is 20 [deg]C.
K=Constant=

[[Page 65]]

[GRAPHIC] [TIFF OMITTED] TR04MY98.005

where the standard temperature for (g-mole/scm) is 20 [deg]C.
Ci=Concentration of sample component i in ppmv on a wet 
          basis, as measured for organics by Test Method 18 and measured 
          for hydrogen and carbon monoxide by American Society for 
          Testing and Materials (ASTM) D1946-77 or 90 (Reapproved 1994) 
          (incorporated by reference as specified in Sec. 63.14).
Hi=Net heat of combustion of sample component i, kcal/g-mole 
          at 25 [deg]C and 760 mm Hg. The heats of combustion may be 
          determined using ASTM D2382-76 or 88 or D4809-95 (incorporated 
          by reference as specified in Sec. 63.14) if published values 
          are not available or cannot be calculated.
n=Number of sample components.

    (7)(i) Steam-assisted and nonassisted flares shall be designed for 
and operated with an exit velocity less than 18.3 m/sec (60 ft/sec), 
except as provided in paragraphs (b)(7)(ii) and (b)(7)(iii) of this 
section. The actual exit velocity of a flare shall be determined by 
dividing by the volumetric flow rate of gas being combusted (in units of 
emission standard temperature and pressure), as determined by Test 
Method 2, 2A, 2C, or 2D in appendix A to 40 CFR part 60 of this chapter, 
as appropriate, by the unobstructed (free) cross-sectional area of the 
flare tip.
    (ii) Steam-assisted and nonassisted flares designed for and operated 
with an exit velocity, as determined by the method specified in 
paragraph (b)(7)(i) of this section, equal to or greater than 18.3 m/sec 
(60 ft/sec) but less than 122 m/sec (400 ft/sec), are allowed if the net 
heating value of the gas being combusted is greater than 37.3 MJ/scm 
(1,000 Btu/scf).
    (iii) Steam-assisted and nonassisted flares designed for and 
operated with an exit velocity, as determined by the method specified in 
paragraph (b)(7)(i) of this section, less than the velocity 
Vmax, as determined by the method specified in this 
paragraph, but less than 122 m/sec (400 ft/sec) are allowed. The maximum 
permitted velocity, Vmax, for flares complying with this 
paragraph shall be determined by the following equation:

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

Where:

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

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

Vmax=8.71+0.708(HT)

Where:

Vmax=Maximum permitted velocity, m/sec.
8.71=Constant.
0.708=Constant.
HT=The net heating value as determined in paragraph 
          (b)(6)(ii) of this section.
    (c) Alternative work practice for monitoring equipment for leaks. 
Paragraphs (c), (d), and (e) of this section apply to all equipment for 
which the applicable subpart requires monitoring with a 40 CFR part 60, 
appendix A-7, Method 21 monitor, except for closed vent systems, 
equipment designated as leakless, and equipment identified in the 
applicable subpart as having no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background. An owner or 
operator may use an optical gas imaging instrument instead of a 40 CFR 
part 60, sppendix A-7, Method 21 monitor. Requirements in the existing 
subparts that are specific to the Method 21 instrument do not apply 
under this section. All other requirements in the applicable subpart 
that are not addressed in paragraphs (c), (d), and (e) of this section 
continue to apply. For example, equipment specification requirements, 
and non-Method 21 instrument recordkeeping and reporting requirements in 
the applicable subpart continue to apply. The terms defined in 
paragraphs (c)(1) through (5) of this section have meanings that are 
specific to the alternative work practice standard in paragraphs (c), 
(d), and (e) of this section.
    (1) Applicable subpart means the subpart in 40 CFR parts 60, 61, 63, 
and 65 that requires monitoring of equipment with a 40 CFR part 60, 
appendix A-7, Method 21 monitor.
    (2) Equipment means pumps, valves, pressure relief valves, 
compressors,

[[Page 66]]

open-ended lines, flanges, connectors, and other equipment covered by 
the applicable subpart that require monitoring with a 40 CFR part 60, 
appendix A-7, Method 21 monitor.
    (3) Imaging means making visible emissions that may otherwise be 
invisible to the naked eye.
    (4) Optical gas imaging instrument means an instrument that makes 
visible emissions that may otherwise be invisible to the naked eye.
    (5) Repair means that equipment is adjusted, or otherwise altered, 
in order to eliminate a leak.
    (6) Leak means:
    (i) Any emissions imaged by the optical gas instrument;
    (ii) Indications of liquids dripping;
    (iii) Indications by a sensor that a seal or barrier fluid system 
has failed; or
    (iv) Screening results using a 40 CFR part 60, appendix A-7, Method 
21 monitor that exceed the leak definition in the applicable subpart to 
which the equipment is subject.
    (d) The alternative work practice standard for monitoring equipment 
for leaks is available to all subparts in 40 CFR parts 60, 61, 63, and 
65 that require monitoring of equipment with a 40 CFR part 60, appendix 
A-7, Method 21 monitor.
    (1) An owner or operator of an affected source subject to 40 CFR 
parts 60, 61, 63, or 65 can choose to comply with the alternative work 
practice requirements in paragraph (e) of this section instead of using 
the 40 CFR part 60, appendix A-7, Method 21 monitor to identify leaking 
equipment. The owner or operator must document the equipment, process 
units, and facilities for which the alternative work practice will be 
used to identify leaks.
    (2) Any leak detected when following the leak survey procedure in 
paragraph (e)(3) of this section must be identified for repair as 
required in the applicable subpart.
    (3) If the alternative work practice is used to identify leaks, re-
screening after an attempted repair of leaking equipment must be 
conducted using either the alternative work practice or the 40 CFR part 
60, Appendix A-7, Method 21 monitor at the leak definition required in 
the applicable subparts to which the equipment is subject.
    (4) The schedule for repair is as required in the applicable 
subpart.
    (5) When this alternative work practice is used for detecting 
leaking equipment, choose one of the monitoring frequencies listed in 
Table 1 to subpart A of this part in lieu of the monitoring frequency 
specified for regulated equipment in the applicable subpart. Reduced 
monitoring frequencies for good performance are not applicable when 
using the alternative work practice.
    (6) When this alternative work practice is used for detecting 
leaking equipment, the following are not applicable for the equipment 
being monitored:
    (i) Skip period leak detection and repair;
    (ii) Quality improvement plans; or
    (iii) Complying with standards for allowable percentage of valves 
and pumps to leak.
    (7) When the alternative work practice is used to detect leaking 
equipment, the regulated equipment in paragraph (d)(1)(i) of this 
section must also be monitored annually using a 40 CFR part 60, Appendix 
A-7, Method 21 monitor at the leak definition required in the applicable 
subpart. The owner or operator may choose the specific monitoring period 
(for example, first quarter) to conduct the annual monitoring. 
Subsequent monitoring must be conducted every 12 months from the initial 
period. Owners or operators must keep records of the annual Method 21 
screening results, as specified in paragraph (i)(4)(vii) of this 
section.
    (e) An owner or operator of an affected source who chooses to use 
the alternative work practice must comply with the requirements of 
paragraphs (e)(1) through (e)(5) of this section.
    (1) Instrument specifications. The optical gas imaging instrument 
must comply with the requirements specified in paragraphs (e)(1)(i) and 
(e)(1)(ii) of this section.
    (i) Provide the operator with an image of the potential leak points 
for each piece of equipment at both the detection sensitivity level and 
within the distance used in the daily instrument check described in 
paragraph (e)(2) of this section. The detection sensitivity level 
depends upon the frequency at

[[Page 67]]

which leak monitoring is to be performed.
    (ii) Provide a date and time stamp for video records of every 
monitoring event.
    (2) Daily instrument check. On a daily basis, and prior to beginning 
any leak monitoring work, test the optical gas imaging instrument at the 
mass flow rate determined in paragraph (e)(2)(i) of this section in 
accordance with the procedure specified in paragraphs (e)(2)(ii) through 
(e)(2)(iv) of this section for each camera configuration used during 
monitoring (for example, different lenses used), unless an alternative 
method to demonstrate daily instrument checks has been approved in 
accordance with paragraph (e)(2)(v) of this section.
    (i) Calculate the mass flow rate to be used in the daily instrument 
check by following the procedures in paragraphs (e)(2)(i)(A) and 
(e)(2)(i)(B) of this section.
    (A) For a specified population of equipment to be imaged by the 
instrument, determine the piece of equipment in contact with the lowest 
mass fraction of chemicals that are detectable, within the distance to 
be used in paragraph (e)(2)(iv)(B) of this section, at or below the 
standard detection sensitivity level.
    (B) Multiply the standard detection sensitivity level, corresponding 
to the selected monitoring frequency in Table 1 of subpart A of this 
part, by the mass fraction of detectable chemicals from the stream 
identified in paragraph (e)(2)(i)(A) of this section to determine the 
mass flow rate to be used in the daily instrument check, using the 
following equation.
[GRAPHIC] [TIFF OMITTED] TR22DE08.008

Where:

Edic = Mass flow rate for the daily instrument check, grams 
          per hour
xi = Mass fraction of detectable chemical(s) i seen by the 
          optical gas imaging instrument, within the distance to be used 
          in paragraph (e)(2)(iv)(B) of this section, at or below the 
          standard detection sensitivity level, Esds.
Esds = Standard detection sensitivity level from Table 1 to 
          subpart A, grams per hour
k = Total number of detectable chemicals emitted from the leaking 
          equipment and seen by the optical gas imaging instrument.

    (ii) Start the optical gas imaging instrument according to the 
manufacturer's instructions, ensuring that all appropriate settings 
conform to the manufacturer's instructions.
    (iii) Use any gas chosen by the user that can be viewed by the 
optical gas imaging instrument and that has a purity of no less than 98 
percent.
    (iv) Establish a mass flow rate by using the following procedures:
    (A) Provide a source of gas where it will be in the field of view of 
the optical gas imaging instrument.
    (B) Set up the optical gas imaging instrument at a recorded distance 
from the outlet or leak orifice of the flow meter that will not be 
exceeded in the actual performance of the leak survey. Do not exceed the 
operating parameters of the flow meter.
    (C) Open the valve on the flow meter to set a flow rate that will 
create a mass emission rate equal to the mass rate calculated in 
paragraph (e)(2)(i) of this section while observing the gas flow through 
the optical gas imaging instrument viewfinder. When an image of the gas 
emission is seen through the viewfinder at the required emission rate, 
make a record of the reading on the flow meter.
    (v) Repeat the procedures specified in paragraphs (e)(2)(ii) through 
(e)(2)(iv) of this section for each configuration of the optical gas 
imaging instrument used during the leak survey.
    (vi) To use an alternative method to demonstrate daily instrument 
checks, apply to the Administrator for approval of the alternative under 
Sec. 63.177 or Sec. 63.178, whichever is applicable.
    (3) Leak survey procedure. Operate the optical gas imaging 
instrument to image every regulated piece of equipment selected for this 
work practice in accordance with the instrument manufacturer's operating 
parameters. All emissions imaged by the optical gas imaging instrument 
are considered to be leaks and are subject to repair. All emissions 
visible to the naked eye are also considered to be leaks and are subject 
to repair.

[[Page 68]]

    (4) Recordkeeping. Keep the records described in paragraphs 
(e)(4)(i) through (e)(4)(vii) of this section:
    (i) The equipment, processes, and facilities for which the owner or 
operator chooses to use the alternative work practice.
    (ii) The detection sensitivity level selected from Table 1 to 
subpart A of this part for the optical gas imaging instrument.
    (iii) The analysis to determine the piece of equipment in contact 
with the lowest mass fraction of chemicals that are detectable, as 
specified in paragraph (e)(2)(i)(A) of this section.
    (iv) The technical basis for the mass fraction of detectable 
chemicals used in the equation in paragraph (e)(2)(i)(B) of this 
section.
    (v) The daily instrument check. Record the distance, per paragraph 
(e)(2)(iv)(B) of this section, and the flow meter reading, per paragraph 
(e)(2)(iv)(C) of this section, at which the leak was imaged. Keep a 
video record of the daily instrument check for each configuration of the 
optical gas imaging instrument used during the leak survey (for example, 
the daily instrument check must be conducted for each lens used). The 
video record must include a time and date stamp for each daily 
instrument check. The video record must be kept for 5 years.
    (vi) Recordkeeping requirements in the applicable subpart. A video 
record must be used to document the leak survey results. The video 
record must include a time and date stamp for each monitoring event. A 
video record can be used to meet the recordkeeping requirements of the 
applicable subparts if each piece of regulated equipment selected for 
this work practice can be identified in the video record. The video 
record must be kept for 5 years.
    (vii) The results of the annual Method 21 screening required in 
paragraph (h)(7) of this section. Records must be kept for all regulated 
equipment specified in paragraph (h)(1) of this section. Records must 
identify the equipment screened, the screening value measured by Method 
21, the time and date of the screening, and calibration information 
required in the existing applicable subparts.
    (5) Reporting. Submit the reports required in the applicable 
subpart. Submit the records of the annual Method 21 screening required 
in paragraph (h)(7) of this section to the Administrator via e-mail to 
[email protected].

[59 FR 12430, Mar. 16, 1994, as amended at 63 FR 24444, May 4, 1998; 65 
FR 62215, Oct. 17, 2000; 67 FR 16605, Apr. 5, 2002; 73 FR 78211, Dec. 
22, 2008]



Sec. 63.12  State authority and delegations.

    (a) The provisions of this part shall not be construed in any manner 
to preclude any State or political subdivision thereof from--
    (1) Adopting and enforcing any standard, limitation, prohibition, or 
other regulation applicable to an affected source subject to the 
requirements of this part, provided that such standard, limitation, 
prohibition, or regulation is not less stringent than any requirement 
applicable to such source established under this part;
    (2) Requiring the owner or operator of an affected source to obtain 
permits, licenses, or approvals prior to initiating construction, 
reconstruction, modification, or operation of such source; or
    (3) Requiring emission reductions in excess of those specified in 
subpart D of this part as a condition for granting the extension of 
compliance authorized by section 112(i)(5) of the Act.
    (b)(1) Section 112(l) of the Act directs the Administrator to 
delegate to each State, when appropriate, the authority to implement and 
enforce standards and other requirements pursuant to section 112 for 
stationary sources located in that State. Because of the unique nature 
of radioactive material, delegation of authority to implement and 
enforce standards that control radionuclides may require separate 
approval.
    (2) Subpart E of this part establishes procedures consistent with 
section 112(l) for the approval of State rules or programs to implement 
and enforce applicable Federal rules promulgated under the authority of 
section 112. Subpart E also establishes procedures for the review and 
withdrawal of section 112 implementation and enforcement

[[Page 69]]

authorities granted through a section 112(l) approval.
    (c) All information required to be submitted to the EPA under this 
part also shall be submitted to the appropriate State agency of any 
State to which authority has been delegated under section 112(l) of the 
Act, provided that each specific delegation may exempt sources from a 
certain Federal or State reporting requirement. The Administrator may 
permit all or some of the information to be submitted to the appropriate 
State agency only, instead of to the EPA and the State agency.



Sec. 63.13  Addresses of State air pollution control agencies and EPA Regional 

Offices.

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

EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, Vermont), Director, Office of Ecosystem Protection, 5 Post 
Office Square--Suite 100, Boston, MA 02109-3912.
EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands), 
Director, Air and Waste Management Division, 26 Federal Plaza, New York, 
NY 10278.
EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania, 
Virginia, West Virginia), Director, Air Protection Division, 1650 Arch 
Street, Philadelphia, PA 19103.
EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee). Director, Air, Pesticides and 
Toxics Management Division, Atlanta Federal Center, 61 Forsyth Street, 
Atlanta, GA 30303-3104.
EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago, IL 
60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 
Director, Air, Pesticides and Toxics, 1445 Ross Avenue, Dallas, TX 
75202-2733.
EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and 
Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming) Director, Air and Toxics Technical Enforcement Program, Office 
of Enforcement, Compliance and Environmental Justice, Mail Code 8ENF-AT, 
1595 Wynkoop Street, Denver, CO 80202-1129.
EPA Region IX (Arizona, California, Hawaii, Nevada; the territories of 
American Samoa and Guam; the Commonwealth of the Northern Mariana 
Islands; the territories of Baker Island, Howland Island, Jarvis Island, 
Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake 
Islands; and certain U.S. Government activities in the freely associated 
states of the Republic of the Marshall Islands, the Federated States of 
Micronesia, and the Republic of Palau), Director, Air Division, 75 
Hawthorne Street, San Francisco, CA 94105.
EPA Region X (Alaska, Idaho, Oregon, Washington), Director, Office of 
Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, WA 98101.

    (b) All information required to be submitted to the Administrator 
under this part also shall be submitted to the appropriate State agency 
of any State to which authority has been delegated under section 112(l) 
of the Act. The owner or operator of an affected source may contact the 
appropriate EPA Regional Office for the mailing addresses for those 
States whose delegation requests have been approved.
    (c) If any State requires a submittal that contains all the 
information required in an application, notification, request, report, 
statement, or other communication required in this part, an owner or 
operator may send the appropriate Regional Office of the EPA a copy of 
that submittal to satisfy the requirements of this part for that 
communication.

[59 FR 12430, Mar. 16, 1994, as amended at 63 FR 66061, Dec. 1, 1998; 67 
FR 4184, Jan. 29, 2002; 68 FR 32601, May 30, 2003; 68 FR 35792, June 17, 
2003; 73 FR 24871, May 6, 2008; 75 FR 69532, Nov. 12, 2010; 76 FR 49673, 
Aug. 11, 2011; 78 FR 37977, June 25, 2013]



Sec. 63.14  Incorporations by reference.

    (a) The materials listed in this section are incorporated by 
reference in the corresponding sections noted. These incorporations by 
reference were approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are 
incorporated as they exist on the date of the approval, and notice of 
any change in these materials will be published in the Federal Register.

[[Page 70]]

The materials are available for purchase at the corresponding addresses 
noted below, and all are available for inspection at the National 
Archives and Records Administration (NARA), at the Air and Radiation 
Docket and Information Center, U.S. EPA, 401 M St., SW., Washington, DC, 
and at the EPA Library (MD-35), U.S. EPA, Research Triangle Park, North 
Carolina. For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html.
    (b) The following materials are available for purchase from at least 
one of the following addresses: American Society for Testing and 
Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West 
Conshohocken, PA 19428-2959, Telephone (610) 832-9585, and are also 
available at the following Web site: http://www.astm.org; or ProQuest, 
789 East Eisenhower Parkway, Ann Arbor, MI 48106-1346, Telephone (734) 
761-4700, and are also available at the following Web site: http://
www.proquest.com.
    (1) ASTM D523-89, Standard Test Method for Specular Gloss, IBR 
approved for Sec. 63.782.
    (2) ASTM D1193-77, 91, Standard Specification for Reagent Water, IBR 
approved for appendix A: Method 306, Sections 7.1.1 and 7.4.2.
    (3) ASTM D1331-89, Standard Test Methods for Surface and Interfacial 
Tension of Solutions of Surface Active Agents, IBR approved for appendix 
A: Method 306B, Sections 6.2, 11.1, and 12.2.2.
    (4) ASTM D1475-90, Standard Test Method for Density of Paint, 
Varnish Lacquer, and Related Products, IBR approved for Sec. 63.788, 
appendix A.
    (5) ASTM D1946-77, 90, 94, Standard Method for Analysis of Reformed 
Gas by Gas Chromatography, IBR approved for Sec. 63.11(b)(6).
    (6) ASTM D2369-93, 95, Standard Test Method for Volatile Content of 
Coatings, IBR approved for Sec. 63.788, appendix A.
    (7) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon Fuels by 
Bomb Calorimeter (High-Precision Method), IBR approved for Sec. 
63.11(b)(6).
    (8) ASTM D2879-83, Standard Method for Vapor Pressure-Temperature 
Relationship and Initial Decomposition Temperature of Liquids by 
Isoteniscope, approved 1983, IBR approved for Sec. Sec. 63.111, 
63.2406, and 63.12005.
    (9) ASTM D3257-93, Standard Test Methods for Aromatics in Mineral 
Spirits by Gas Chromatography, IBR approved for Sec. 63.786(b).
    (10) ASTM 3695-88, Standard Test Method for Volatile Alcohols in 
Water by Direct Aqueous-Injection Gas Chromatography, IBR approved for 
Sec. 63.365(e)(1) of subpart O.
    (11) ASTM D3792-91, Standard Method for Water Content of Water-
Reducible Paints by Direct Injection into a Gas Chromatograph, IBR 
approved for Sec. 63.788, appendix A.
    (12) ASTM D3912-80, Standard Test Method for Chemical Resistance of 
Coatings Used in Light-Water Nuclear Power Plants, IBR approved for 
Sec. 63.782.
    (13) ASTM D4017-90, 96a, Standard Test Method for Water in Paints 
and Paint Materials by the Karl Fischer Titration Method, IBR approved 
for Sec. 63.788, appendix A.
    (14) ASTM D4082-89, Standard Test Method for Effects of Gamma 
Radiation on Coatings for Use in Light-Water Nuclear Power Plants, IBR 
approved for Sec. 63.782.
    (15) ASTM D4256-89, 94, Standard Test Method for Determination of 
the Decontaminability of Coatings Used in Light-Water Nuclear Power 
Plants, IBR approved for Sec. 63.782.
    (16) ASTM D4809-95, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR 
approved for Sec. 63.11(b)(6).
    (17) ASTM E180-93, Standard Practice for Determining the Precision 
of ASTM Methods for Analysis and Testing of Industrial Chemicals, IBR 
approved for Sec. 63.786(b).
    (18) ASTM E260-91, 96, General Practice for Packed Column Gas 
Chromatography, IBR approved for Sec. Sec. 63.750(b)(2) and 
63.786(b)(5).
    (19) ASTM D95-05 (Reapproved 2010), Standard Test Method for Water 
in Petroleum Products and Bituminous Materials by Distillation, approved 
May 1, 2010, IBR approved for Sec. 63.10005(i) and table 6 to subpart 
DDDDD.

[[Page 71]]

    (20) ASTM Method D388-05, Standard Classification of Coals by Rank, 
approved September 15, 2005, IBR approved for Sec. 63.10042.
    (21) ASTM D2099-00, Standard Test Method for Dynamic Water 
Resistance of Shoe Upper Leather by the Maeser Water Penetration Tester, 
IBR approved for Sec. 63.5350.
    (22) ASTM Method D396-10, Standard Specification for Fuel Oils, 
including Appendix X1, approved October 1, 2010, IBR approved for Sec. 
63.10042.
    (23) ASTM D4006-11, Standard Test Method for Water in Crude Oil by 
Distillation, including Annex A1 and Appendix X1, approved June 1, 2011, 
IBR approved for Sec. 63.10005(i) and table 6 to subpart DDDDD.
    (24) ASTM D2697-86 (Reapproved 1998), ``Standard Test Method for 
Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' IBR approved 
for Sec. Sec. 63.3161(f)(1), 63.3521(b)(1), 63.3941(b)(1), 
63.4141(b)(1), 63.4741(b)(1), 63.4941(b)(1), and 63.5160(c).
    (25) ASTM D6093-97 (Reapproved 2003), ``Standard Test Method for 
Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a 
Helium Gas Pycnometer,'' IBR approved for Sec. Sec. 63.3161(f)(1), 
63.3521(b)(1), 63.3941(b)(1), 63.4141(b)(1), 63.4741(b)(1), 
63.4941(b)(1), and 63.5160(c).
    (26) ASTM D1475-98 (Reapproved 2003), ``Standard Test Method for 
Density of Liquid Coatings, Inks, and Related Products,'' IBR approved 
for Sec. Sec. 63.3151(b), 63.3941(b)(4), 63.3941(c), 63.3951(c), 
63.4141(b)(3), 63.4141(c), and 63.4551(c).
    (27) ASTM D6522-00, Standard Test Method for Determination of 
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions 
from Natural Gas Fired Reciprocating Engines, Combustion Turbines, 
Boilers, and Process Heaters Using Portable Analyzers, IBR approved for 
Sec. 63.9307(c)(2).
    (28) ASTM D6420-99 (Reapproved 2004), Standard Test Method for 
Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography-Mass Spectrometry (Approved October 1, 2004), IBR 
approved for Sec. Sec. 60.485(g), 60.485a(g), 63.457(b), 63.772(a) and 
(e), 63.1282(a) and (d), 63.2351(b), 63.2354(b) and table 8 to subpart 
HHHHHHH of this part.
    (29) ASTM D6420-99, Standard Test Method for Determination of 
Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass 
Spectrometry, IBR approved for Sec. Sec. 63.5799 and 63.5850.
    (30) ASTM E 515-95 (Reapproved 2000), Standard Test Method for Leaks 
Using Bubble Emission Techniques, IBR approved for Sec. 63.425(i)(2).
    (31) ASTM D5291-02, Standard Test Methods for Instrumental 
Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products 
and Lubricants, IBR approved for Sec. 63.3981, appendix A.
    (32) ASTM D5965-02, ``Standard Test Methods for Specific Gravity of 
Coating Powders,'' IBR approved for Sec. Sec. 63.3151(b) and 
63.3951(c).
    (33) ASTM D6053-00, Standard Test Method for Determination of 
Volatile Organic Compound (VOC) Content of Electrical Insulating 
Varnishes, IBR approved for Sec. 63.3981, appendix A.
    (34) E145-94 (Reapproved 2001), Standard Specification for Gravity-
Convection and Forced-Ventilation Ovens, IBR approved for Sec. 63.4581, 
appendix A.
    (35) ASTM D6784-02 (Reapproved 2008) Standard Test Method for 
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas 
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), 
approved April 1, 2008, IBR approved for table 1 to subpart DDDDD of 
this part, table 2 to subpart DDDDD of this part, table 5 to subpart 
DDDDD, table 11 to subpart DDDDD of this part, table 12 to subpart DDDDD 
of this part, table 13 to subpart DDDDD of this part, and table 4 to 
subpart JJJJJJ of this part.
    (36) ASTM D5066-91 (Reapproved 2001), ``Standard Test Method for 
Determination of the Transfer Efficiency Under Production Conditions for 
Spray Application of Automotive Paints-Weight Basis,'' IBR approved for 
Sec. 63.3161(g).
    (37) ASTM D5087-02, ``Standard Test Method for Determining Amount of 
Volatile Organic Compound (VOC) Released from Solventborne Automotive 
Coatings and Available for Removal in a VOC Control Device 
(Abatement),'' IBR approved for Sec. Sec. 63.3165(e) and 63.3176, 
appendix A.

[[Page 72]]

    (38) ASTM D6266-00a, ``Test Method for Determining the Amount of 
Volatile Organic Compound (VOC) Released from Waterborne Automotive 
Coatings and Available for Removal in a VOC Control Device 
(Abatement),'' IBR approved for Sec. 63.3165(e).
    (39) ASTM Method D388-05, Standard Classification of Coals by Rank, 
approved September 15, 2005, IBR approved for Sec. 63.7575 and Sec. 
63.11237.
    (40) ASTM D396-10 Standard Specification for Fuel Oils, approved 
October 1, 2010, IBR approved for Sec. 63.7575 and Sec. 63.11237.
    (41) ASTM Method D1835-05, Standard Specification for Liquefied 
Petroleum (LP) Gases, approved April 1, 2005, IBR approved for Sec. 
63.7575 and Sec. 63.11237.
    (42) ASTM D2013/D2013M-09 Standard Practice for Preparing Coal 
Samples for Analysis, approved November 1, 2009, IBR approved for table 
6 to subpart DDDDD of this part and table 5 to subpart JJJJJJ of this 
part.
    (43) ASTM D2234/D2234M-10 Standard Practice for Collection of a 
Gross Sample of Coal, approved January 1, 2010, IBR approved for table 6 
to subpart DDDDD of this part and table 5 to subpart JJJJJJ of this 
part.
    (44) ASTM D3173-03 (Reapproved 2008) Standard Test Method for 
Moisture in the Analysis Sample of Coal and Coke, approved February 1, 
2008, IBR approved for table 6 to subpart DDDDD of this part and table 5 
to subpart JJJJJJ of this part.
    (45) ASTM D2879-96, Test Method for Vapor Pressure-Temperature 
Relationship and Initial Decomposition Temperature of Liquids by 
Isoteniscope, approved 1996, IBR approved for Sec. Sec. 63.111, 
63.2406, and 63.12005.
    (46) ASTM D4606-03 (2007), Standard Test Method for Determination of 
Arsenic and Selenium in Coal by the Hydride Generation/Atomic Absorption 
Method, approved October 1, 2007, IBR approved for table 6 to subpart 
DDDDD.
    (47) ASTM D5198-09 Standard Practice for Nitric Acid Digestion of 
Solid Waste, approved February 1, 2009, IBR approved for table 6 to 
subpart DDDDD of this part and table 5 to subpart JJJJJJ of this part.
    (48) ASTM D5865-10a Standard Test Method for Gross Calorific Value 
of Coal and Coke, approved May 1, 2010, IBR approved for table 6 to 
subpart DDDDD of this part and table 5 to subpart JJJJJJ of this part.
    (49) ASTM D6323-98 (Reapproved 2003), Standard Guide for Laboratory 
Subsampling of Media Related to Waste Management Activities, approved 
August 10, 2003, IBR approved for table 6 to subpart DDDDD of this part 
and table 5 to subpart JJJJJJ of this part.
    (50) ASTM E711-87 (Reapproved 2004) Standard Test Method for Gross 
Calorific Value of Refuse-Derived Fuel by the Bomb Calorimeter, approved 
August 28, 1987, IBR approved for table 6 to subpart DDDDD of this part 
and table 5 to subpart JJJJJJ of this part.
    (51) ASTM E776-87 (Reapproved 2009) Standard Test Method for Forms 
of Chlorine in Refuse-Derived Fuel, approved July 1, 2009, IBR approved 
for table 6 to subpart DDDDD of this part.
    (52) ASTM E871-82 (Reapproved 2006) Standard Test Method for 
Moisture Analysis of Particulate Wood Fuels, approved November 1, 2006, 
IBR approved for table 6 to subpart DDDDD of this part and table 5 to 
subpart JJJJJJ of this part.
    (53) [Reserved]
    (54) ASTM D6348-03, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, approved 2003, IBR approved for Sec. Sec. 
63.457, 63.1349, table 4 to subpart DDDD of this part, table 4 to 
subpart ZZZZ of this part, and table 8 to subpart HHHHHHH of this part.
    (55) ASTM D6357-11, Test Methods for Determination of Trace Elements 
in Coal, Coke, and Combustion Residues from Coal Utilization Processes 
by Inductively Coupled Plasma Atomic Emission Spectrometry, approved 
April 1, 2011, IBR approved for table 6 to subpart DDDDD.
    (56) [Reserved]
    (57) ASTM D6721-01 (Reapproved 2006) Standard Test Method for 
Determination of Chlorine in Coal by Oxidative Hydrolysis 
Microcoulometry, approved April 1, 2006, IBR approved for table 6 to 
subpart DDDDD of this part.
    (58)-(60) [Reserved]

[[Page 73]]

    (61) ASTM D6722-01 (Reapproved 2006) Standard Test Method for Total 
Mercury in Coal and Coal Combustion Residues by the Direct Combustion 
Analysis, approved April 1, 2006, IBR approved for Table 6 to subpart 
DDDDD and Table 5 to subpart JJJJJJ of this part.
    (62) [Reserved]
    (63) ASTM D2216-05, ``Standard Test Methods for Laboratory 
Determination of Water (Moisture) Content of Soil and Rock by Mass,'' 
IBR approved for the definition of ``Free organic liquids'' in Sec. 
63.10692.
    (64) ASTM D6522-00 (Reapproved 2005), Standard Test Method for 
Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen 
Concentrations in Emissions from Natural Gas Fired Reciprocating 
Engines, Combustion Turbines, Boilers, and Process Heaters Using 
Portable Analyzers, approved October 1, 2005, IBR approved for table 4 
to subpart ZZZZ of this part, table 5 to subpart DDDDD of this part, 
table 4 to subpart JJJJJJ of this part and Sec. Sec. 63.772(e), 
63.772(h), 63.1282(d) and 63.1282(g).
    (65) ASTM D 5228-92--``Standard Test Method for Determination of 
Butane Working Capacity of Activated Carbon,'' reapproved 2005, IBR 
approved for Sec. 63.11092(b)(1)(i)(B)(1)(ii).
    (66) ASTM D6784-02 (Reapproved 2008), Standard Test Method for 
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas 
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), 
approved April 1, 2008, IBR approved for Sec. 63.11646(a)(1)(vi), Sec. 
63.11647(a)(1)(ii), Sec. 63.11647(a)(3)(ii), and Sec. 63.11647(d).
    (67) ASTM D5954-98 (Reapproved 2006), Test Method for Mercury 
Sampling and Measurement in Natural Gas by Atomic Absorption 
Spectroscopy, approved December 1, 2006, IBR approved for table 6 to 
subpart DDDDD of this part.
    (68) ASTM D6350-98 (Reapproved 2003) Standard Test Method for 
Mercury Sampling and Analysis in Natural Gas by Atomic Fluorescence 
Spectroscopy, approved May 10, 2003, IBR approved for table 6 to subpart 
DDDDD of this part.
    (69) ASTM D4057-06 (Reapproved 2011), Standard Practice for Manual 
Sampling of Petroleum and Petroleum Products, including Annex A1, 
approved June 1, 2011, IBR approved for Sec. 63.10005(i) and table 6 to 
subpart DDDDD.
    (70) ASTM D4177-95 (Reapproved 2010), Standard Practice for 
Automatic Sampling of Petroleum and Petroleum Products, including 
Annexes A1 through A6 and Appendices X1 and X2, approved May 1, 2010, 
IBR approved for Sec. 63.10005(i) and table 6 to subpart DDDDD.
    (71) ASTM D6348-03 (Reapproved 2010), Standard Test Method for 
Determination of Gaseous Compounds by Extractive Direct Interface 
Fourier Transform Infrared (FTIR) Spectroscopy, including Annexes A1 
through A8, approved October 1, 2010, IBR approved for table 1 to 
subpart UUUUU of this part, table 2 to subpart UUUUU of this part, table 
5 to subpart UUUUU of this part, and appendix B to subpart UUUUU of this 
part.
    (72) ASTM D6784-02 (Reapproved 2008), Standard Test Method for 
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas 
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), 
approved April 1, 2008, IBR approved for table 5 to subpart UUUUU of 
this part, and appendix A to subpart UUUUU of this part.
    (73) ASTM D1945-03 (Reapproved 2010) Standard Test Method for 
Analysis of Natural Gas by Gas Chromatography (Approved January 1, 
2010), IBR approved for Sec. Sec. 63.772(h) and 63.1282(g).
    (74) ASTM D3588-98 (Reapproved 2003) Standard Practice for 
Calculating Heat Value, Compressibility Factor, and Relative Density of 
Gaseous Fuels (Approved May 10, 2003), IBR approved for Sec. Sec. 
63.772(h) and 63.1282(g).
    (75) ASTM D4891-89 (Reapproved 2006) Standard Test Method for 
Heating Value of Gases in Natural Gas Range by Stoichiometric Combustion 
(Approved June 1, 2006), IBR approved for Sec. Sec. 63.772(h) and 
63.1282(g).
    (76) ASTM D6751-11b, Standard Specification for Biodiesel Fuel Blend 
Stock (B100) for Middle Distillate Fuels, approved July 15, 2011, IBR 
approved for Sec. 63.7575 and Sec. 63.11237.
    (77) ASTM D975-11b, Standard Specification for Diesel Fuel Oils, 
approved

[[Page 74]]

December 1, 2011, IBR approved for Sec. 63.7575.
    (78) ASTM D5864-11 Standard Test Method for Determining Aerobic 
Aquatic Biodegradation of Lubricants or Their Components, approved March 
1, 2011, IBR approved for table 6 to subpart DDDDD.
    (79) ASTM D240-09 Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuels by Bomb Calorimeter, approved July 1, 2009, IBR 
approved for table 6 to subpart DDDDD.
    (80) ASTM D4208-02(2007) Standard Test Method for Total Chlorine in 
Coal by the Oxygen Bomb Combustion/Ion Selective Electrode Method, 
approved May 1, 2007, IBR approved for table 6 to subpart DDDDD.
    (81) ASTM D5192-09 Standard Practice for Collection of Coal Samples 
from Core, approved June 1, 2009, IBR approved for table 6 to subpart 
DDDDD.
    (82) ASTM D7430-11ae1, Standard Practice for Mechanical Sampling of 
Coal, approved October 1, 2011, IBR approved for table 6 to subpart 
DDDDD.
    (83) ASTM D6883-04, Standard Practice for Manual Sampling of 
Stationary Coal from Railroad Cars, Barges, Trucks, or Stockpiles, 
approved June 1, 2004, IBR approved for table 6 to subpart DDDDD.
    (c) The materials listed below are available for purchase from the 
American Petroleum Institute (API), 1220 L Street, NW., Washington, DC 
20005.
    (1) API Publication 2517, Evaporative Loss from External Floating-
Roof Tanks, Third Edition, February 1989, IBR approved for Sec. 63.111 
and Sec. 63.2406.
    (2) API Publication 2518, Evaporative Loss from Fixed-roof Tanks, 
Second Edition, October 1991, IBR approved for Sec. 63.150(g)(3)(i)(C) 
of subpart G of this part.
    (3) API Manual of Petroleum Measurement Specifications (MPMS) 
Chapter 19.2 (API MPMS 19.2), Evaporative Loss From Floating-Roof Tanks 
(formerly API Publications 2517 and 2519), First Edition, April 1997, 
IBR approved for Sec. Sec. 63.1251 and 63.12005.
    (d) State and Local Requirements. The following materials listed 
below are available at the Air and Radiation Docket and Information 
Center, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, telephone 
number (202) 566-1745.
    (1) California Regulatory Requirements Applicable to the Air Toxics 
Program, November 16, 2010, IBR approved for Sec. 63.99(a)(5)(ii) of 
subpart E of this part.
    (2) New Jersey's Toxic Catastrophe Prevention Act Program, (July 20, 
1998), Incorporation By Reference approved for Sec. 63.99 (a)(30)(i) of 
subpart E of this part.
    (3)(i) Letter of June 7, 1999 to the U.S. Environmental Protection 
Agency Region 3 from the Delaware Department of Natural Resources and 
Environmental Control requesting formal full delegation to take over 
primary responsibility for implementation and enforcement of the 
Chemical Accident Prevention Program under Section 112(r) of the Clean 
Air Act Amendments of 1990.
    (ii) Delaware Department of Natural Resources and Environmental 
Control, Division of Air and Waste Management, Accidental Release 
Prevention Regulation, sections 1 through 5 and sections 7 through 14, 
effective January 11, 1999, IBR approved for Sec. 63.99(a)(8)(i) of 
subpart E of this part.
    (iii) State of Delaware Regulations Governing the Control of Air 
Pollution (October 2000), IBR approved for Sec. 63.99(a)(8)(ii)-(v) of 
subpart E of this part.
    (4) Massachusetts Department of Environmental Protection regulations 
at 310 CMR 7.26(10)-(16), Air Pollution Control, effective as of 
September 5, 2008, corrected March 6, 2009, and 310 CMR 70.00, 
Environmental Results Program Certification, effective as of December 
28, 2007. Incorporation By Reference approved for Sec. 63.99(a)(22)(ii) 
of subpart E of this part.
    (5)(i) New Hampshire Regulations at Env-Sw 2100, Management and 
Control of Asbestos Disposal Sites Not Operated after July 9, 1981, 
effective February 16, 2010 (including a letter from Thomas S. Burack, 
Commissioner, Department of Environmental Services, State of New 
Hampshire, to Carol J. Holahan, Director, Office of Legislative 
Services, dated February 12, 2010, certifying that the enclosed rule, 
Env-Sw 2100, is the official version of this rule). Incorporation By 
Reference approved for Sec. 63.99(a).

[[Page 75]]

    (ii) New Hampshire Regulations at Env-A 1800, Asbestos Management 
and Control, effective October 21, 2008, Sections 1801-1807, excluding 
the following provisions: 1801.02(e), 1802.02, 1802.04, 1802.07-1802.09, 
1802.13, 1802.15-1802.17, 1802.28-1802.29, 1802.36, 1802.42, 1802.45, 
1802.50, 1802.54, 1804.05-1804.09, 1807.02 (including a letter from 
Thomas S. Burack, Commissioner, Department of Environmental Services, 
State of New Hampshire, to Carol J. Holahan, Director, Office of 
Legislative Services, dated November 14, 2008, certifying that the 
enclosed rule, Env-A 1800, is the official version of this rule). 
Incorporation By Reference approved for Sec. 63.99(a).
    (6) Maine Department of Environmental Protection regulations at 
Chapter 125, Perchloroethylene Dry Cleaner Regulation, effective as of 
June 2, 1991, last amended on June 24, 2009. Incorporation By Reference 
approved for Sec. 63.99(a)(20)(iii) of subpart E of this part.
    (7) California South Coast Air Quality Management District's ``Spray 
Equipment Transfer Efficiency Test Procedure for Equipment User, May 24, 
1989,'' IBR approved for Sec. 63.11173(e) and Sec. 63.11516(d).
    (8) California South Coast Air Quality Management District's 
``Guidelines for Demonstrating Equivalency with District Approved 
Transfer Efficient Spray Guns, September 26, 2002,'' Revision 0, IBR 
approved for Sec. Sec. 63.11173(e) and 63.11516(d).
    (9) Rhode Island Department of Environmental Management regulations 
at Air Pollution Control Regulation No. 36, Control of Emissions from 
Organic Solvent Cleaning, effective April 8, 1996, last amended October 
9, 2008, and Rhode Island Air Pollution Control, General Definitions 
Regulation, effective July 19, 2007, last amended October 9, 2008. 
Incorporation By Reference approved for Sec. 63.99(a)(40)(ii) of 
subpart E of this part.
    (10) Alaska Statute, Title 42--Public Utilities And Carriers And 
Energy Programs, Chapter 45--Rural and Statewide Energy Programs, 
Article 1, Power Assistance Programs, Sec. 42.45.045. Renewable energy 
grant fund and recommendation program, effective May 3, 2012, available 
at http://www.legis.state.ak.us/basis/folio.asp, IBR approved for Sec. 
63.6675.
    (e) The materials listed below are available for purchase from the 
National Institute of Standards and Technology, Springfield, VA 22161, 
(800) 553-6847.
    (1) Handbook 44, Specificiations, Tolerances, and Other Technical 
Requirements for Weighing and Measuring Devices 1998, IBR approved for 
Sec. 63.1303(e)(3).
    (2) [Reserved]
    (f) The following material is available from the National Council of 
the Paper Industry for Air and Stream Improvement, Inc. (NCASI), P.O. 
Box 133318, Research Triangle Park, NC 27709-3318 or at http://
www.ncasi.org.
    (1) NCASI Method DI/MEOH-94.03, Methanol in Process Liquids and 
Wastewaters by GC/FID, Issued May 2000, IBR approved for Sec. Sec. 
63.457 and 63.459 of subpart S of this part.
    (2) NCASI Method CI/WP-98.01, Chilled Impinger Method For Use At 
Wood Products Mills to Measure Formaldehyde, Methanol, and Phenol, 1998, 
Methods Manual, NCASI, Research Triangle Park, NC, IBR approved for 
table 4 to subpart DDDD of this part.
    (3) NCASI Method DI/HAPS-99.01, Selected HAPs In Condensates by GC/
FID, Issued February 2000, IBR approved for Sec. 63.459(b) of subpart S 
of this part.
    (4) NCASI Method IM/CAN/WP-99.02, Impinger/Canister Source Sampling 
Method for Selected HAPs and Other Compounds at Wood Products 
Facilities, January 2004, Methods Manual, NCASI, Research Triangle Park, 
NC, IBR approved for table 4 to subpart DDDD of this part.
    (5) NCASI Method ISS/FP A105.01, Impinger Source Sampling Method for 
Selected Aldehydes, Ketones, and Polar Compounds, December 2005, Methods 
Manual, NCASI, Research Triangle Park, NC, IBR approved for table 4 to 
subpart DDDD of this part.
    (g) The materials listed below are available for purchase from AOAC 
International, Customer Services, Suite 400, 2200 Wilson Boulevard, 
Arlington, Virginia, 22201-3301, Telephone (703) 522-3032, Fax (703) 
522-5468.

[[Page 76]]

    (1) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers, 
Automated Method, Sixteenth edition, 1995, IBR approved for Sec. 
63.626(d)(3)(vi).
    (2) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers, 
Alkalimetric Quinolinium Molybdophosphate Method, Sixteenth edition, 
1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (3) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers, 
Gravimetric Quinolinium Molybdophosphate Method, Sixteenth edition, 
1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (4) AOAC Official Method 957.02 Phosphorus (Total) in Fertilizers, 
Preparation of Sample Solution, Sixteenth edition, 1995, IBR approved 
for Sec. 63.626(d)(3)(vi).
    (5) AOAC Official Method 929.01 Sampling of Solid Fertilizers, 
Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (6) AOAC Official Method 929.02 Preparation of Fertilizer Sample, 
Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (7) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers, 
Spectrophotometric Molybdovanadophosphate Method, Sixteenth edition, 
1995, IBR approved for Sec. 63.626(d)(3)(vi).
    (h) The materials listed below are available for purchase from The 
Association of Florida Phosphate Chemists, P.O. Box 1645, Bartow, 
Florida, 33830, Book of Methods Used and Adopted By The Association of 
Florida Phosphate Chemists, Seventh Edition 1991, IBR.
    (1) Section IX, Methods of Analysis for Phosphate Rock, No. 1 
Preparation of Sample, IBR approved for Sec. 63.606(c)(3)(ii) and Sec. 
63.626(c)(3)(ii).
    (2) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus--P2O5 or 
Ca3(PO4)2, Method A-Volumetric Method, 
IBR approved for Sec. 63.606(c)(3)(ii) and Sec. 63.626(c)(3)(ii).
    (3) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method B--Gravimetric 
Quimociac Method, IBR approved for Sec. 63.606(c)(3)(ii) and Sec. 
63.626(c)(3)(ii).
    (4) Section IX, Methods of Analysis For Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method C--Spectrophotometric 
Method, IBR approved for Sec. 63.606(c)(3)(ii) and Sec. 
63.626(c)(3)(ii).
    (5) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method A--Volumetric 
Method, IBR approved for Sec. 63.606(c)(3)(ii), Sec. 63.626(c)(3)(ii), 
and Sec. 63.626(d)(3)(v).
    (6) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method B--Gravimetric 
Quimociac Method, IBR approved for Sec. 63.606(c)(3)(ii), Sec. 
63.626(c)(3)(ii), and Sec. 63.626(d)(3)(v).
    (7) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method C--
Spectrophotometric Method, IBR approved for Sec. 63.606(c)(3)(ii), 
Sec. 63.626(c)(3)(ii), and Sec. 63.626(d)(3)(v).
    (i) The following material is available for purchase from at least 
one of the following addresses: American Society of Mechanical Engineers 
(ASME), Three Park Avenue, New York, NY 10016-5990, Telephone (800) 843-
2763, and are also available at the following Web site: http://
www.asme.org; or HIS, Incorporated, 15 Inverness Way East, Englewood, CO 
80112, Telephone (877) 413-5184, and are also available at the following 
Web site: http://global.ihs.com.
    (1) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [part 
10, Instruments and Apparatus], issued August 31, 1981, IBR approved for 
Sec. Sec. 63.309(k), 63.457(k), 63.772(e) and (h), 63.865(b), 
63.1282(d) and (g), 63.3166(a), 63.3360(e), 63.3545(a), 63.3555(a), 
63.4166(a), 63.4362(a), 63.4766(a), 63.4965(a), 63.5160(d), 63.9307(c), 
63.9323(a), 63.11148(e), 63.11155(e), 63.11162(f), 63.11163(g), 
63.11410(j), 63.11551(a), 63.11646(a), 63.11945, table 5 to subpart 
DDDDD of this part, table 4 to subpart JJJJJ of this part, table 5 to 
subpart UUUUU of this part, and table 1 to subpart ZZZZZ of this part.
    (2) [Reserved]

[[Page 77]]

    (j) The following material is available for purchase from: British 
Standards Institute, 389 Chiswick High Road, London W4 4AL, United 
Kingdom.
    (1) BS EN 1593:1999, Non-destructive Testing: Leak Testing--Bubble 
Emission Techniques, IBR approved for Sec. 63.425(i)(2).
    (2) [Reserved]
    (k) The following materials are available for purchase from the 
National Technical Information Service (NTIS), 5285 Port Royal Road, 
Springfield, VA 22161, (703) 605-6000 or (800) 553-6847; or for purchase 
from the Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402, (202) 512-1800:
    (1) The following methods as published in the test methods 
compendium known as ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, Third Edition. A suffix of 
``A'' in the method number indicates revision one (the method has been 
revised once). A suffix of ``B'' in the method number indicates revision 
two (the method has been revised twice).
    (i) Method 0023A, ``Sampling Method for Polychlorinated Dibenzo-p-
Dioxins and Polychlorinated Dibenzofuran Emissions from Stationary 
Sources,'' dated December 1996, IBR approved for Sec. 63.1208(b)(1) of 
subpart EEE of this part.
    (ii) Method 9071B, ``n-Hexane Extractable Material (HEM) for Sludge, 
Sediment, and Solid Samples,'' dated April 1998, IBR approved for Sec. 
63.7824(e) of subpart FFFFF of this part.
    (iii) Method 9095A, ``Paint Filter Liquids Test,'' dated December 
1996, IBR approved for Sec. Sec. 63.7700(b) and 63.7765 of subpart 
EEEEE of this part.
    (iv) Method 9095B, ``Paint Filter Liquids Test,'' (revision 2), 
dated November 2004, IBR approved for the definition of ``Free organic 
liquids'' in Sec. 63.10692, Sec. 63.10885(a)(1), and the definition of 
``Free liquids'' in Sec. 63.10906.
    (v) SW-846 Method 74741B, Revision 2, ``Mercury in Solid or 
Semisolid Waste (Manual Cold-Vapor Technique)'' February 2007, IBR 
approved for Sec. 63.11647(f)(2).
    (2) The following method as published in the National Institute of 
Occupational Safety and Health (NIOSH) test method compendium, ``NIOSH 
Manual of Analytical Methods'', NIOSH publication no. 94-113, Fourth 
Edition, August 15, 1994.
    (i) NIOSH Method 2010, ``Amines, Aliphatic,'' Issue 2, August 15, 
1994, IBR approved for Sec. 63.7732(g)(1)(v) of subpart EEEEE of this 
part.
    (ii) [Reserved]
    (l) The following materials are available for purchase from the 
American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers at 1791 Tullie Circle, NE., Atlanta, GA 30329 or by electronic 
mail at [email protected]:
    (1) American Society of Heating, Refrigerating, and Air Conditioning 
Engineers Method 52.1, ``Gravimetric and Dust-Spot Procedures for 
Testing Air-Cleaning Devices Used in General Ventilation for Removing 
Particulate Matter, June 4, 1992,'' IBR approved for Sec. Sec. 
63.11173(e) and 63.11516(d).
    (2) [Reserved]
    (m) The following materials are available from the California Air 
Resources Board, Engineering and Certification Branch, 1001 I Street, 
P.O. Box 2815, Sacramento, CA 95812-2815, Telephone (916) 327-0900 and 
are also available at the following Web site: http://www.arb.ca.gov/
vapor/vapor.htm.
    (1) California Air Resources Board Vapor Recovery Test Procedure TP-
201.1.--``Volumetric Efficiency for Phase I Vapor Recovery Systems,'' 
adopted April 12, 1996, and amended February 1, 2001 and October 8, 
2003, IBR approved for Sec. 63.11120(b)(1).
    (2) California Air Resources Board Vapor Recovery Test Procedure TP-
201.1E--``Leak Rate and Cracking Pressure of Pressure/Vacuum Vent 
Valves,'' adopted October 8, 2003, IBR approved for Sec. 
63.11120(a)(1)(i).
    (3) California Air Resources Board Vapor Recovery Test Procedure TP-
201.3--``Determination of 2-Inch WC Static Pressure Performance of Vapor 
Recovery Systems of Dispensing Facilities,'' adopted April 12, 1996 and 
amended March 17, 1999, IBR approved for Sec. 63.11120(a)(2)(i).
    (n) The following material is available from the Texas Commission on 
Environmental Quality (TCEQ) Library, Post Office Box 13087, Austin, 
Texas 78711-3087, telephone number (512) 239-0028 or at http://

[[Page 78]]

www.tceq.state.tx.us/assets/public/implementation/air/sip/sipdocs/2002-
12-HGB/02046sipapp--ado.pdf:
    (1) ``Air Stripping Method (Modified El Paso Method) for 
Determination of Volatile Organic Compound Emissions from Water 
Sources'' (Modified El Paso Method), Revision Number One, dated January 
2003, Sampling Procedures Manual, Appendix P: Cooling Tower Monitoring, 
January 31, 2003, IBR approved for Sec. Sec. 63.654(c), 63.654(g), 
63.655(i), and 63.11920.
    (2) [Reserved]
    (o) The following material is available from the Bay Area Air 
Quality Management District (BAAQMD), 939 Ellis Street, San Francisco, 
California 94109, and is also available at the following Web site: 
http://www.arb.ca.gov/DRDB/BA/CURHTML/ST/st30.pdf.
    (1) ``BAAQMD Source Test Procedure ST-30--Static Pressure Integrity 
Test, Underground Storage Tanks,'' adopted November 30, 1983, and 
amended December 21, 1994, IBR approved for Sec. 63.11120(a)(2)(iii).
    (2) [Reserved]
    (p) The following material is available from the U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, 
(202) 272-0167, http://www.epa.gov.
    (1) National Emission Standards for Hazardous Air Pollutants 
(NESHAP) for Integrated Iron and Steel Plants--Background Information 
for Proposed Standards, Final Report, EPA-453/R-01-005, January 2001, 
IBR approved for Sec. 63.7491(g).
    (2) Office Of Air Quality Planning And Standards (OAQPS), Fabric 
Filter Bag Leak Detection Guidance, EPA-454/R-98-015, September 1997, 
IBR approved for Sec. Sec. 63.548(e)(4), 63.7525(j)(2), and 
63.11224(f)(2).
    (3) SW-846-3020A, Acid Digestion of Aqueous Samples And Extracts For 
Total Metals For Analysis By GFAA Spectroscopy, Revision 1, July 1992, 
in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods, Third Edition, IBR approved for table 6 to 
subpart DDDDD of this part and table 5 to subpart JJJJJJ of this part.
    (4) SW-846-3050B, Acid Digestion of Sediments, Sludges, And Soils, 
Revision 2, December 1996, in EPA Publication No. SW-846, Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, 
IBR approved for table 6 to subpart DDDDD of this part and table 5 to 
subpart JJJJJJ of this part.
    (5) SW-846-7470A, Mercury In Liquid Waste (Manual Cold-Vapor 
Technique), Revision 1, September 1994, in EPA Publication No. SW-846, 
Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, 
Third Edition, IBR approved for table 6 to subpart DDDDD of this part 
and table 5 to subpart JJJJJJ of this part.
    (6) SW-846-7471B, Mercury In Solid Or Semisolid Waste (Manual Cold-
Vapor Technique), Revision 2, February 2007, in EPA Publication No. SW-
846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, 
Third Edition, IBR approved for table 6 to subpart DDDDD of this part 
and table 5 to subpart JJJJJJ of this part.
    (7) SW-846-9250, Chloride (Colorimetric, Automated Ferricyanide 
AAI), Revision 0, September 1986, in EPA Publication No. SW-846, Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third 
Edition, IBR approved for table 6 to subpart DDDDD of this part.
    (8) Method 8015C (SW-846-8015C), Nonhalogenated Organics by Gas 
Chromatography, Revision 3, February 2007, in EPA Publication No. SW-
846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, 
Third Edition, IBR approved for Sec. Sec. 63.11960, 63.11980, and table 
10 to subpart HHHHHHH of this part.
    (9) Method 8260B (SW-846-8260B), Volatile Organic Compounds by Gas 
Chromatography/Mass Spectrometry (GC/MS), Revision 2, December 1996, in 
EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods, Third Edition, IBR approved for Sec. Sec. 
63.11960, 63.11980, and table 10 to subpart HHHHHHH of this part.
    (10) Method 8270D (SW-846-8270D), Semivolatile Organic Compounds by 
Gas Chromatography/Mass Spectrometry (GC/MS), Revision 4, February 2007, 
in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods, Third Edition, IBR approved for

[[Page 79]]

Sec. Sec. 63.11960, 63.11980, and table 10 to subpart HHHHHHH of this 
part.
    (11) Method 8315A (SW-846-8315A), Determination of Carbonyl 
Compounds by High Performance Liquid Chromatography (HPLC), Revision 1, 
December 1996, in EPA Publication No. SW-846, Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR 
approved for Sec. Sec. 63.11960, 63.11980, and table 10 to subpart 
HHHHHHH of this part.
    (12) Method 5050 (SW-846-5050), Bomb Preparation Method for Solid 
Waste, Revision 0, September 1994, in EPA Publication No. SW-846, Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third 
Edition IBR approved for table 6 to subpart DDDDD.
    (13) Method 9056 (SW-846-9056), Determination of Inorganic Anions by 
Ion Chromatography, Revision 1, February 2007, in EPA Publication No. 
SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
    (14) Method 9076 (SW-846-9076), Test Method for Total Chlorine in 
New and Used Petroleum Products by Oxidative Combustion and 
Microcoulometry, Revision 0, September 1994, in EPA Publication No. SW-
846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, 
Third Edition, IBR approved for table 6 to subpart DDDDD.
    (15) Method 1631 Revision E, Mercury in Water by Oxidation, Purge 
and Trap, and Cold Vapor Atomic Absorption Fluorescence Spectrometry, 
Revision E, EPA-821-R-02-019, August 2002, IBR approved for table 6 to 
subpart DDDDD.
    (16) Method 200.8, Determination of Trace Elements in Waters and 
Wastes by Inductively Coupled Plasma--Mass Spectrometry, Revision 5.4, 
1994, IBR approved for table 6 to subpart DDDDD.
    (17) Method 6020A (SW-846-6020A), Inductively Coupled Plasma-Mass 
Spectrometry, Revision 1, February 2007, in EPA Publication No. SW-846, 
Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, 
Third Edition, IBR approved for table 6 to subpart DDDDD.
    (18) Method 6010C (SW-846-6010C), Inductively Coupled Plasma-Atomic 
Emission Spectrometry, Revision 3, February 2007, in EPA Publication No. 
SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
    (19) Method 7060A (SW-846-7060A), Arsenic (Atomic Absorption, 
Furnace Technique), Revision 1, September 1994, in EPA Publication No. 
SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
    (20) Method 7740 (SW-846-7740), Selenium (Atomic Absorption, Furnace 
Technique), Revision 0, September 1986, in EPA Publication No. SW-846, 
Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, 
Third Edition, IBR approved for table 6 to subpart DDDDD.
    (q) The following material is available for purchase from the 
International Standards Organization (ISO), 1, ch. de la Voie-Creuse, 
Case postale 56, CH-1211 Geneva 20, Switzerland, +41 22 749 01 11, 
http://www.iso.org/iso/home.htm.
    (1) ISO 6978-1:2003(E), Natural Gas--Determination of Mercury--Part 
1: Sampling of Mercury by Chemisorption on Iodine, First edition, 
October 15, 2003, IBR approved for table 6 to subpart DDDDD of this 
part.
    (2) ISO 6978-2:2003(E), Natural gas--Determination of Mercury--Part 
2: Sampling of Mercury by Amalgamation on Gold/Platinum Alloy, First 
edition, October 15, 2003, IBR approved for table 6 to subpart DDDDD of 
this part.
    (r) The following material is available for purchase from the 
Technical Association of the Pulp and Paper Industry (TAPPI), 15 
Technology Parkway South, Norcross, GA 30092, (800) 332-8686, http://
www.tappi.org.
    (1) TAPPI T 266, Determination of Sodium, Calcium, Copper, Iron, and 
Manganese in Pulp and Paper by Atomic Absorption Spectroscopy 
(Reaffirmation of T 266 om-02), Draft No. 2, July 2006, IBR approved for 
table 6 to subpart DDDDD.
    (2) [Reserved]
    (s) The following material is available from the North American 
Electric

[[Page 80]]

Reliability Corporation, 3353 Peachtree Road NE., Suite 600, North 
Tower, Atlanta, GA 30326, http://www.nerc.com, and is available at the 
following Web site: http://www.nerc.com/files/EOP-002-3--1.pdf.
    (1) North American Electric Reliability Corporation, Reliability 
Standards for the Bulk of Electric Systems of North America, Reliability 
Standard EOP-002-3, Capacity and Energy Emergencies, updated November 
19, 2012, IBR approved for Sec. 63.6640(f).
    (2) [Reserved]

[59 FR 12430, Mar. 16, 1994]

    Editorial Notes: 1. For Federal Register citations affecting Sec. 
63.14, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    2. At 76 FR 15589, Mar. 21, 2011, Sec. 63.14 was amended by adding 
paragraph (b)(66), however, the amendment could not be incorporated 
because a paragraph (b)(66) already existed. For the convenience of the 
user, the added text is set forth as follows:



Sec. 63.14  Incorporation by reference.

                                * * * * *

    (b) * * *
    (66) ASTM D4084-07 Standard Test Method for Analysis of Hydrogen 
Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), approved 
June 1, 2007, IBR approved for table 6 to subpart DDDDD of this part.

                                * * * * *

    Effective Date Note: At 76 FR 15589, Mar. 21, 2011, Sec. 63.14 was 
amended by revising paragraphs (b)(27), (b)(35), (b)(39) through (44), 
(b)(47) through (52), (b)(57), (b)(61), (b)(64), and (i)(1), removing 
and reserving paragraphs (b)(45), (b)(46), (b)(55), (b)(56), (b)(58) 
through (60), and (b)(62), and dding paragraphs (b)(66) through (68), 
(p), and (q), effective May 20, 2011. At 76 FR 28664, May 18, 2011, this 
amendment was delayed indefinitely. For the convenience of the user, the 
revised and added text is set forth as follows:



Sec. 63.14  Incorporation by reference.

                                * * * * *

    (b) * * *
    (27) ASTM D6522-00, Standard Test Method for Determination of 
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions 
from Natural Gas Fired Reciprocating Engines, Combustion Turbines, 
Boilers, and Process Heaters Using Portable Analyzers, IBR approved for 
Sec. 63.9307(c)(2).

                                * * * * *

    (35) ASTM D6784-02 (Reapproved 2008) Standard Test Method for 
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas 
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), 
approved April 1, 2008, IBR approved for table 1 to subpart DDDDD of 
this part, table 2 to subpart DDDDD of this part, table 5 to subpart 
DDDDD, table 12 to subpart DDDDD of this part, and table 4 to subpart 
JJJJJJ of this part.

                                * * * * *

    (39) ASTM Method D388-05, Standard Classification of Coals by Rank, 
approved September 15, 2005, IBR approved for Sec. 63.7575 and Sec. 
63.11237.
    (40) ASTM D396-10 Standard Specification for Fuel Oils, approved 
October 1, 2010, IBR approved for Sec. 63.7575.
    (41) ASTM Method D1835-05, Standard Specification for Liquefied 
Petroleum (LP) Gases, approved April 1, 2005, IBR approved for Sec. 
63.7575 and Sec. 63.11237.
    (42) ASTM D2013/D2013M-09 Standard Practice for Preparing Coal 
Samples for Analysis, approved November 1, 2009, IBR approved for table 
6 to subpart DDDDD of this part and table 5 to subpart JJJJJJ of this 
part.
    (43) ASTM D2234/D2234M-10 Standard Practice for Collection of a 
Gross Sample of Coal, approved January 1, 2010, IBR approved for table 6 
to subpart DDDDD of this part and table 5 to subpart JJJJJJ of this 
part.
    (44) ASTM D3173-03 (Reapproved 2008) Standard Test Method for 
Moisture in the Analysis Sample of Coal and Coke, approved February 1, 
2008, IBR approved for table 6 to subpart DDDDD of this part and table 5 
to subpart JJJJJJ of this part.

                                * * * * *

    (47) ASTM D5198-09 Standard Practice for Nitric Acid Digestion of 
Solid Waste, approved February 1, 2009, IBR approved for table 6 to 
subpart DDDDD of this part and table 5 to subpart JJJJJJ of this part.
    (48) ASTM D5865-10a Standard Test Method for Gross Calorific Value 
of Coal and Coke, approved May 1, 2010, IBR approved for table 6 to 
subpart DDDDD of this part and table 5 to subpart JJJJJJ of this part.
    (49) ASTM D6323-98 (Reapproved 2003), Standard Guide for Laboratory 
Subsampling of Media Related to Waste Management Activities, approved 
August 10, 2003, IBR approved for table 6 to subpart DDDDD of this part 
and table 5 to subpart JJJJJJ of this part.

[[Page 81]]

    (50) ASTM E711-87 (Reapproved 2004) Standard Test Method for Gross 
Calorific Value of Refuse-Derived Fuel by the Bomb Calorimeter, approved 
August 28, 1987, IBR approved for table 6 to subpart DDDDD of this part 
and table 5 to subpart JJJJJJ of this part.
    (51) ASTM E776-87 (Reapproved 2009) Standard Test Method for Forms 
of Chlorine in Refuse-Derived Fuel, approved July 1, 2009, IBR approved 
for table 6 to subpart DDDDD of this part.
    (52) ASTM E871-82 (Reapproved 2006) Standard Test Method for 
Moisture Analysis of Particulate Wood Fuels, approved November 1, 2006, 
IBR approved for table 6 to subpart DDDDD of this part and table 5 to 
subpart JJJJJJ of this part.

                                * * * * *

    (57) ASTM D6721-01 (Reapproved 2006) Standard Test Method for 
Determination of Chlorine in Coal by Oxidative Hydrolysis 
Microcoulometry, approved April 1, 2006, IBR approved for table 6 to 
subpart DDDDD of this part.

                                * * * * *

    (61) ASTM D6722-01 (Reapproved 2006) Standard Test Method for Total 
Mercury in Coal and Coal Combustion Residues by the Direct Combustion 
Analysis, approved April 1, 2006, IBR approved for Table 6 to subpart 
DDDDD and Table 5 to subpart JJJJJJ of this part.

                                * * * * *

    (64) ASTM D6522-00 (Reapproved 2005), Standard Test Method for 
Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen 
Concentrations in Emissions from Natural Gas Fired Reciprocating 
Engines, Combustion Turbines, Boilers, and Process Heaters Using 
Portable Analyzers, approved October 1, 2005, IBR approved for table 4 
to subpart ZZZZ of this part, table 5 to subpart DDDDD of this part, and 
table 4 to subpart JJJJJJ of this part.

                                * * * * *

    (66) ASTM D4084-07 Standard Test Method for Analysis of Hydrogen 
Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), approved 
June 1, 2007, IBR approved for table 6 to subpart DDDDD of this part.
    (67) ASTM D5954-98 (Reapproved 2006), Test Method for Mercury 
Sampling and Measurement in Natural Gas by Atomic Absorption 
Spectroscopy, approved December 1, 2006, IBR approved for table 6 to 
subpart DDDDD of this part.
    (68) ASTM D6350-98 (Reapproved 2003) Standard Test Method for 
Mercury Sampling and Analysis in Natural Gas by Atomic Fluorescence 
Spectroscopy, approved May 10, 2003, IBR approved for table 6 to subpart 
DDDDD of this part.
    (i) * * *
    (1) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus],'' IBR approved for Sec. Sec. 
63.309(k)(1)(iii), 63.865(b), 63.3166(a)(3), 63.3360(e)(1)(iii), 
63.3545(a)(3), 63.3555(a)(3), 63.4166(a)(3), 63.4362(a)(3), 
63.4766(a)(3), 63.4965(a)(3), 63.5160(d)(1)(iii), 63.9307(c)(2), 
63.9323(a)(3), 63.11148(e)(3)(iii), 63.11155(e)(3), 63.11162(f)(3)(iii) 
and (f)(4), 63.11163(g)(1)(iii) and (g)(2), 63.11410(j)(1)(iii), 
63.11551(a)(2)(i)(C), table 5 to subpart DDDDD of this part, table 1 to 
subpart ZZZZZ of this part, and table 4 to subpart JJJJJJ of this part.

                                * * * * *

    (p) The following material is available from the U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, 
(202) 272-0167, http://www.epa.gov.
    (1) National Emission Standards for Hazardous Air Pollutants 
(NESHAP) for Integrated Iron and Steel Plants--Background Information 
for Proposed Standards, Final Report, EPA-453/R-01-005, January 2001, 
IBR approved for Sec. 63.7491(g).
    (2) Office Of Air Quality Planning And Standards (OAQPS), Fabric 
Filter Bag Leak Detection Guidance, EPA-454/R-98-015, September 1997, 
IBR approved for Sec. 63.7525(j)(2) and Sec. 63.11224(f)(2).
    (3) SW-846-3020A, Acid Digestion of Aqueous Samples And Extracts For 
Total Metals For Analysis By GFAA Spectroscopy, Revision 1, July 1992, 
in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods, Third Edition, IBR approved for table 6 to 
subpart DDDDD of this part and table 5 to subpart JJJJJJ of this part.
    (4) SW-846-3050B, Acid Digestion of Sediments, Sludges, And Soils, 
Revision 2, December 1996, in EPA Publication No. SW-846, Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, 
IBR approved for table 6 to subpart DDDDD of this part and table 5 to 
subpart JJJJJJ of this part.
    (5) SW-846-7470A, Mercury In Liquid Waste (Manual Cold-Vapor 
Technique), Revision 1, September 1994, in EPA Publication No. SW-846, 
Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, 
Third Edition, IBR approved for table 6 to subpart DDDDD of this part 
and table 5 to subpart JJJJJJ of this part.
    (6) SW-846-7471B, Mercury In Solid Or Semisolid Waste (Manual Cold-
Vapor Technique), Revision 2, February 2007, in EPA Publication No. SW-
846, Test Methods for

[[Page 82]]

Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR 
approved for table 6 to subpart DDDDD of this part and table 5 to 
subpart JJJJJJ of this part.
    (7) SW-846-9250, Chloride (Colorimetric, Automated Ferricyanide 
AAI), Revision 0, September 1986, in EPA Publication No. SW-846, Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third 
Edition, IBR approved for table 6 to subpart DDDDD of this part.
    (q) The following material is available for purchase from the 
International Standards Organization (ISO), 1, ch. de la Voie-Creuse, 
Case postale 56, CH-1211 Geneva 20, Switzerland, +41 22 749 01 11, 
http://www.iso.org/iso/home.htm.
    (1) ISO 6978-1:2003(E), Natural Gas--Determination of Mercury--Part 
1: Sampling of Mercury by Chemisorption on Iodine, First edition, 
October 15, 2003, IBR approved for table 6 to subpart DDDDD of this 
part.
    (2) ISO 6978-2:2003(E), Natural gas--Determination of Mercury--Part 
2: Sampling of Mercury by Amalgamation on Gold/Platinum Alloy, First 
edition, October 15, 2003, IBR approved for table 6 to subpart DDDDD of 
this part.



Sec. 63.15  Availability of information and confidentiality.

    (a) Availability of information. (1) With the exception of 
information protected through part 2 of this chapter, all reports, 
records, and other information collected by the Administrator under this 
part are available to the public. In addition, a copy of each permit 
application, compliance plan (including the schedule of compliance), 
notification of compliance status, excess emissions and continuous 
monitoring systems performance report, and title V permit is available 
to the public, consistent with protections recognized in section 503(e) 
of the Act.
    (2) The availability to the public of information provided to or 
otherwise obtained by the Administrator under this part shall be 
governed by part 2 of this chapter.
    (b) Confidentiality. (1) If an owner or operator is required to 
submit information entitled to protection from disclosure under section 
114(c) of the Act, the owner or operator may submit such information 
separately. The requirements of section 114(c) shall apply to such 
information.
    (2) The contents of a title V permit shall not be entitled to 
protection under section 114(c) of the Act; however, information 
submitted as part of an application for a title V permit may be entitled 
to protection from disclosure.



Sec. 63.16  Performance Track Provisions.

    (a) Notwithstanding any other requirements in this part, an affected 
source at any major source or any area source at a Performance Track 
member facility, which is subject to regular periodic reporting under 
any subpart of this part, may submit such periodic reports at an 
interval that is twice the length of the regular period specified in the 
applicable subparts; provided, that for sources subject to permits under 
40 CFR part 70 or 71 no interval so calculated for any report of the 
results of any required monitoring may be less frequent than once in 
every six months.
    (b) Notwithstanding any other requirements in this part, the 
modifications of reporting requirements in paragraph (c) of this section 
apply to any major source at a Performance Track member facility which 
is subject to requirements under any of the subparts of this part and 
which has:
    (1) Reduced its total HAP emissions to less than 25 tons per year;
    (2) Reduced its emissions of each individual HAP to less than 10 
tons per year; and
    (3) Reduced emissions of all HAPs covered by each MACT standard to 
at least the level required for full compliance with the applicable 
emission standard.
    (c) For affected sources at any area source at a Performance Track 
member facility and which meet the requirements of paragraph (b)(3) of 
this section, or for affected sources at any major source that meet the 
requirements of paragraph (b) of this section:
    (1) If the emission standard to which the affected source is subject 
is based on add-on control technology, and the affected source complies 
by using add-on control technology, then all required reporting elements 
in the periodic report may be met through an annual certification that 
the affected source is meeting the emission standard by continuing to 
use that control technology. The affected source must

[[Page 83]]

continue to meet all relevant monitoring and recordkeeping requirements. 
The compliance certification must meet the requirements delineated in 
Clean Air Act section 114(a)(3).
    (2) If the emission standard to which the affected source is subject 
is based on add-on control technology, and the affected source complies 
by using pollution prevention, then all required reporting elements in 
the periodic report may be met through an annual certification that the 
affected source is continuing to use pollution prevention to reduce HAP 
emissions to levels at or below those required by the applicable 
emission standard. The affected source must maintain records of all 
calculations that demonstrate the level of HAP emissions required by the 
emission standard as well as the level of HAP emissions achieved by the 
affected source. The affected source must continue to meet all relevant 
monitoring and recordkeeping requirements. The compliance certification 
must meet the requirements delineated in Clean Air Act section 
114(a)(3).
    (3) If the emission standard to which the affected source is subject 
is based on pollution prevention, and the affected source complies by 
using pollution prevention and reduces emissions by an additional 50 
percent or greater than required by the applicable emission standard, 
then all required reporting elements in the periodic report may be met 
through an annual certification that the affected source is continuing 
to use pollution prevention to reduce HAP emissions by an additional 50 
percent or greater than required by the applicable emission standard. 
The affected source must maintain records of all calculations that 
demonstrate the level of HAP emissions required by the emission standard 
as well as the level of HAP emissions achieved by the affected source. 
The affected source must continue to meet all relevant monitoring and 
recordkeeping requirements. The compliance certification must meet the 
requirements delineated in Clean Air Act section 114(a)(3).
    (4) Notwithstanding the provisions of paragraphs (c)(1) through (3), 
of this section, for sources subject to permits under 40 CFR part 70 or 
71, the results of any required monitoring and recordkeeping must be 
reported not less frequently than once in every six months.

[69 FR 21753, Apr. 22, 2004]



   Sec. Table 1 to Subpart A of Part 63--Detection Sensitivity Levels 

                            (grams per hour)

------------------------------------------------------------------------
                                                             Detection
          Monitoring frequency per subpart \a\              sensitivity
                                                               level
------------------------------------------------------------------------
Bi-Monthly..............................................              60
Semi-Quarterly..........................................              85
Monthly.................................................            100
------------------------------------------------------------------------
\a\ When this alternative work practice is used to identify leaking
  equipment, the owner or operator must choose one of the monitoring
  frequencies listed in this table, in lieu of the monitoring frequency
  specified in the applicable subpart. Bi-monthly means every other
  month. Semi-quarterly means twice per quarter. Monthly means once per
  month.


[73 FR 78213, Dec. 22, 2008]



 Subpart B_Requirements for Control Technology Determinations for Major 

 Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 

                                 112(j)

    Source: 59 FR 26449, May 20, 1994, unless otherwise noted.



Sec. 63.40  Applicability of Sec. Sec. 63.40 through 63.44.

    (a) Applicability. The requirements of Sec. Sec. 63.40 through 
63.44 of this subpart carry out section 112(g)(2)(B) of the 1990 
Amendments.
    (b) Overall requirements. The requirements of Sec. Sec. 63.40 
through 63.44 of this subpart apply to any owner or operator who 
constructs or reconstructs a major source of hazardous air pollutants 
after the effective date of section 112(g)(2)(B) (as defined in Sec. 
63.41) and the effective date of a title V permit program in the State 
or local jurisdiction in which the major source is (or would be) located 
unless the major source in question has been specifically regulated or 
exempted from regulation under a standard issued pursuant to section 
112(d), section 112(h), or section 112(j) and incorporated in another 
subpart of part 63, or the owner or operator of such major source has 
received all necessary air quality permits for such construction or 
reconstruction project before the effective date of section 
112(g)(2)(B).

[[Page 84]]

    (c) Exclusion for electric utility steam generating units. The 
requirements of this subpart do not apply to electric utility steam 
generating units unless and until such time as these units are added to 
the source category list pursuant to section 112(c)(5) of the Act.
    (d) Relationship to State and local requirements. Nothing in this 
subpart shall prevent a State or local agency from imposing more 
stringent requirements than those contained in this subpart.
    (e) Exclusion for stationary sources in deleted source categories. 
The requirements of this subpart do not apply to stationary sources that 
are within a source category that has been deleted from the source 
category list pursuant to section 112(c)(9) of the Act.
    (f) Exclusion for research and development activities. The 
requirements of this subpart do not apply to research and development 
activities, as defined in Sec. 63.41.

[61 FR 68399, Dec. 27, 1996]



Sec. 63.41  Definitions.

    Terms used in this subpart that are not defined in this section have 
the meaning given to them in the Act and in subpart A.
    Affected source means the stationary source or group of stationary 
sources which, when fabricated (on site), erected, or installed meets 
the definition of ``construct a major source'' or the definition of 
``reconstruct a major source'' contained in this section.
    Affected States are all States:
    (1) Whose air quality may be affected and that are contiguous to the 
State in which a MACT determination is made in accordance with this 
subpart; or
    (2) Whose air quality may be affected and that are within 50 miles 
of the major source for which a MACT determination is made in accordance 
with this subpart.
    Available information means, for purposes of identifying control 
technology options for the affected source, information contained in the 
following information sources as of the date of approval of the MACT 
determination by the permitting authority:
    (1) A relevant proposed regulation, including all supporting 
information;
    (2) Background information documents for a draft or proposed 
regulation;
    (3) Data and information available for the Control Technology Center 
developed pursuant to section 113 of the Act;
    (4) Data and information contained in the Aerometric Informational 
Retrieval System including information in the MACT data base;
    (5) Any additional information that can be expeditiously provided by 
the Administrator; and
    (6) For the purpose of determinations by the permitting authority, 
any additional information provided by the applicant or others, and any 
additional information considered available by the permitting authority.
    Construct a major source means:
    (1) To fabricate, erect, or install at any greenfield site a 
stationary source or group of stationary sources which is located within 
a contiguous area and under common control and which emits or has the 
potential to emit 10 tons per year of any HAP's or 25 tons per year of 
any combination of HAP, or
    (2) To fabricate, erect, or install at any developed site a new 
process or production unit which in and of itself emits or has the 
potential to emit 10 tons per year of any HAP or 25 tons per year of any 
combination of HAP, unless the process or production unit satisfies 
criteria in paragraphs (2) (i) through (vi) of this definition.
    (i) All HAP emitted by the process or production unit that would 
otherwise be controlled under the requirements of this subpart will be 
controlled by emission control equipment which was previously installed 
at the same site as the process or production unit;
    (ii) (A) The permitting authority has determined within a period of 
5 years prior to the fabrication, erection, or installation of the 
process or production unit that the existing emission control equipment 
represented best available control technology (BACT), lowest achievable 
emission rate (LAER) under 40 CFR part 51 or 52, toxics--best available 
control technology (T-BACT), or MACT based on State air toxic rules for 
the category of pollutants which includes those HAP's to be emitted by 
the process or production unit; or

[[Page 85]]

    (B) The permitting authority determines that the control of HAP 
emissions provided by the existing equipment will be equivalent to that 
level of control currently achieved by other well-controlled similar 
sources (i.e., equivalent to the level of control that would be provided 
by a current BACT, LAER, T-BACT, or State air toxic rule MACT 
determination);
    (iii) The permitting authority determines that the percent control 
efficiency for emissions of HAP from all sources to be controlled by the 
existing control equipment will be equivalent to the percent control 
efficiency provided by the control equipment prior to the inclusion of 
the new process or production unit;
    (iv) The permitting authority has provided notice and an opportunity 
for public comment concerning its determination that criteria in 
paragraphs (2)(i), (2)(ii), and (2)(iii) of this definition apply and 
concerning the continued adequacy of any prior LAER, BATC, T-BACT, or 
State air toxic rule MACT determination;
    (v) If any commenter has asserted that a prior LAER, BACT, T-BACT, 
or State air toxic rule MACT determination is no longer adequate, the 
permitting authority has determined that the level of control required 
by that prior determination remains adequate; and
    (vi) Any emission limitations, work practice requirements, or other 
terms and conditions upon which the above determinations by the 
permitting authority are applicable requirements under section 504(a) 
and either have been incorporated into any existing title V permit for 
the affected facility or will be incorporated into such permit upon 
issuance.
    Control technology means measures, processes, methods, systems, or 
techniques to limit the emission of hazardous air pollutants through 
process changes, substitution of materials or other modifications;
    (1) Reduce the quantity of, or eliminate emissions of, such 
pollutants through process changes, substitution of materials or other 
modifications;
    (2) Enclose systems or processes to eliminate emissions;
    (3) Collect, capture or treat such pollutants when released from a 
process, stack, storage or fugitive emissions point;
    (4) Are design, equipment, work practice, or operational standards 
(including requirements for operator training or certification) as 
provided in 42 U.S.C. 7412(h); or
    (5) Are a combination of paragraphs (1) through (4) of this 
definition.
    Effective date of section 112(g)(2)(B) in a State or local 
jurisdiction means the effective date specified by the permitting 
authority at the time the permitting authority adopts a program to 
implement section 112(g) with respect to construction or reconstruction 
or major sources of HAP, or June 29, 1998 whichever is earlier.
    Electric utility steam generating unit means any fossil fuel fired 
combustion unit of more than 25 megawatts that serves a generator that 
produces electricity for sale. A unit that co-generates steam and 
electricity and supplies more than one-third of its potential electric 
output capacity and more than 25 megawatts electric output to any 
utility power distribution system for sale shall be considered an 
electric utility steam generating unit.
    Greenfield suite means a contiguous area under common control that 
is an undeveloped site.
    List of Source Categories means the Source Category List required by 
section 112(c) of the Act.
    Maximum achievable control technology (MACT) emission limitation for 
new sources means the emission limitation which is not less stringent 
that the emission limitation achieved in practice by the best controlled 
similar source, and which reflects the maximum degree of deduction in 
emissions that the permitting authority, taking into consideration the 
cost of achieving such emission reduction, and any non-air quality 
health and environmental impacts and energy requirements, determines is 
achievable by the constructed or reconstructed major source.
    Notice of MACT Approval means a document issued by a permitting 
authority containing all federally enforceable conditions necessary to 
enforce the application and operation of MACT or other control 
technologies such that the MACT emission limitation is met.

[[Page 86]]

    Permitting authority means the permitting authority as defined in 
part 70 or 71 of this chapter.
    Process or production unit means any collection of structures and/or 
equipment, that processes assembles, applies, or otherwise uses material 
inputs to produce or store an intermediate or final product. A single 
facility may contain more than one process or production unit.
    Reconstruct a major source means the replacement of components at an 
existing process or production unit that in and of itself emits or has 
that potential to emit 10 tons per year of any HAP or 25 tons per year 
of any combination of HAP, whenever:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable process or production unit; and
    (2) It is technically and economically feasible for the 
reconstructed major source to meet the applicable maximum achievable 
control technology emission limitation for new sources established under 
this subpart.
    Research and development activities means activities conducted at a 
research or laboratory facility whose primary purpose is to conduct 
research and development into new processes and products, where such 
source is operated under the close supervision of technically trained 
personnel and is not engaged in the manufacture of products for sale or 
exchange for commercial profit, except in a de minimis manner.
    Similar source means a stationary source or process that has 
comparable emissions and is structurally similar in design and capacity 
to a constructed or reconstructed major source such that the source 
could be controlled using the same control technology.

[61 FR 68399, Dec. 27, 1996]



Sec. 63.42  Program requirements governing construction or reconstruction of 

major sources.

    (a) Adoption of program. Each permitting authority shall review its 
existing programs, procedures, and criteria for preconstruction review 
for conformity to the requirements established by Sec. Sec. 63.40 
through 63.44, shall make any additions and revisions to its existing 
programs, procedures, and criteria that the permitting authority deems 
necessary to properly effectuate Sec. Sec. 63.40 through 63.44, and 
shall adopt a program to implement section 112(g) with respect to 
construction or reconstruction of major sources of HAP. As part of the 
adoption by the permitting authority of a program to implement section 
112(g) with respect to construction or reconstruction of major sources 
of HAP, the chief executive officer of the permitting authority shall 
certify that the program satisfies all applicable requirements 
established by Sec. Sec. 63.40 through 63.44, and shall specify an 
effective date for that program which is not later than June 29, 1998. 
Prior to the specified effective date, the permitting authority shall 
publish a notice stating that the permitting authority has adopted a 
program to implement section 112(g) with respect to construction or 
reconstruction of major sources of HAP and stating the effective date, 
and shall provide a written description of the program to the 
Administrator through the appropriate EPA Regional Office. Nothing in 
this section shall be construed either:
    (1) To require that any owner or operator of a stationary source 
comply with any requirement adopted by the permitting authority which is 
not intended to implement section 112(g) with respect to construction or 
reconstruction of major sources of HAP; or
    (2) To preclude the permitting authority from enforcing any 
requirements not intended to implement section 112(g) with respect to 
construction or reconstruction of major sources of HAP under any other 
provision of applicable law.
    (b) Failure to adopt program. In the event that the permitting 
authority fails to adopt a program to implement section 112(g) with 
respect to construction or reconstruction of major sources of HAP with 
an effective date on or before June 29, 1998, and the permitting 
authority concludes that it is able to make case-by-case MACT 
determinations which conform to the provisions of Sec. 63.43 in the 
absence of such a program, the permitting authority may elect to make 
such determinations. However, in those instances where the

[[Page 87]]

permitting authority elects to make case-by-case MACT determinations in 
the absence of a program to implement section 112(g) with respect to 
construction or reconstruction of major sources of HAP, no such case-by-
case MACT determination shall take effect until after it has been 
submitted by the permitting authority in writing to the appropriate EPA 
Regional Adminstrator and the EPA Regional Administrator has concurred 
in writing that the case-by-case MACT determination by the permitting 
authority is in conformity with all requirements established by 
Sec. Sec. 63.40 through 63.44. In the event that the permitting 
authority fails to adopt a program to implement section 112(g) with 
respect to construction or reconstruction of major sources of HAP with 
an effective date on or before June 29, 1998, and the permitting 
authority concludes that it is unable to make case-by-case MACT 
determinations in the absence of such a program, the permitting 
authority may request that the EPA Regional Administrator implement a 
transitional program to implement section 112(g) with respect to 
construction or reconstruction of major sources of HAP in the affected 
State of local jurisdiction while the permitting authority completes 
development and adoption of a section 112(g) program. Any such 
transitional section 112(g) program implemented by the EPA Regional 
Administrator shall conform to all requirements established by 
Sec. Sec. 63.40 through 63.44, and shall remain in effect for no more 
than 30 months. Continued failure by the permitting authority to adopt a 
program to implement section 112(g) with respect to construction or 
reconstruction of major sources of HAP shall be construed as a failure 
by the permitting authority to adequately administer and enforce its 
title V permitting program and shall constitute cause by EPA to apply 
the sanctions and remedies set forth in the Clean Air Act section 
502(I).
    (c) Prohibition. After the effective date of section 112(g)(2)(B) 
(as defined in Sec. 63.41) in a State or local jurisdiction and the 
effective date of the title V permit program applicable to that State or 
local jurisdiction, no person may begin actual construction or 
reconstruction of a major source of HAP in such State or local 
jurisdiction unless:
    (1) The major source in question has been specifically regulated or 
exempted from regulation under a standard issued pursuant to section 
112(d), section 112(h) or section 112(j) in part 63, and the owner and 
operator has fully complied with all procedures and requirements for 
preconstruction review established by that standard, including any 
applicable requirements set forth in subpart A of this part 63; or
    (2) The permitting authority has made a final and effective case-by-
case determination pursuant to the provisions of Sec. 63.43 such that 
emissions from the constructed or reconstructed major source will be 
controlled to a level no less stringent than the maximum achievable 
control technology emission limitation for new sources.

[61 FR 68400, Dec. 27, 1996, as amended at 64 FR 35032, June 30, 1999]



Sec. 63.43  Maximum achievable control technology (MACT) determinations for 

constructed and reconstructed major sources.

    (a) Applicability. The requirements of this section apply to an 
owner or operator who constructs or reconstructs a major source of HAP 
subject to a case-by-case determination of maximum achievable control 
technology pursuant to Sec. 63.42(c).
    (b) Requirements for constructed and reconstructed major sources. 
When a case-by-case determination of MACT is required by Sec. 63.42(c), 
the owner and operator shall obtain from the permitting authority an 
approved MACT determination according to one of the review options 
contained in paragraph (c) of this section.
    (c) Review options. (1) When the permitting authority requires the 
owner or operator to obtain, or revise, a permit issued pursuant to 
title V of the Act before construction or reconstruction of the major 
source, or when the permitting authority allows the owner or operator at 
its discretion to obtain or revise such a permit before construction or 
reconstruction, and the owner or operator elects that option, the owner 
or operator shall follow the administrative procedures in the program 
approved under title V of the Act

[[Page 88]]

(or in other regulations issued pursuant to title V of the Act, where 
applicable).
    (2) When an owner or operator is not required to obtain or revise a 
title V permit (or other permit issued pursuant to title V of the Act) 
before construction or reconstruction, the owner or operator (unless the 
owner or operator voluntarily follows the process to obtain a title V 
permit) shall either, at the discretion of the permitting authority:
    (i) Apply for and obtain a Notice of MACT Approval according to the 
procedures outlined in paragraphs (f) through (h) of this section; or
    (ii) Apply for a MACT determination under any other administrative 
procedures for preconstruction review and approval established by the 
permitting authority for a State or local jurisdiction which provide for 
public participation in the determination, and ensure that no person may 
begin actual construction or reconstruction of a major source in that 
State or local jurisdiction unless the permitting authority determines 
that the MACT emission limitation for new sources will be met.
    (3) When applying for a permit pursuant to title V of the Act, an 
owner or operator may request approval of case-by-case MACT 
determinations for alternative operating scenarios. Approval of such 
determinations satisfies the requirements of section 112(g) of each such 
scenario.
    (4) Regardless of the review process, the MACT emission limitation 
and requirements established shall be effective as required by paragraph 
(j) of this section, consistent with the principles established in 
paragraph (d) of this section, and supported by the information listed 
in paragraph (e) of this section. The owner or operator shall comply 
with the requirements in paragraphs (k) and (l) of this section, and 
with all applicable requirements in subpart A of this part.
    (d) Principles of MACT determinations. The following general 
principles shall govern preparation by the owner or operator of each 
permit application or other application requiring a case-by-case MACT 
determination concerning construction or reconstruction of a major 
source, and all subsequent review of and actions taken concerning such 
an application by the permitting authority:
    (1) The MACT emission limitation or MACT requirements recommended by 
the applicant and approved by the permitting authority shall not be less 
stringent than the emission control which is achieved in practice by the 
best controlled similar source, as determined by the permitting 
authority.
    (2) Based upon available information, as defined in this subpart, 
the MACT emission limitation and control technology (including any 
requirements under paragraph (d)(3) of this section) recommended by the 
applicant and approved by the permitting authority shall achieve the 
maximum degree of reduction in emissions of HAP which can be achieved by 
utilizing those control technologies that can be identified from the 
available information, taking into consideration the costs of achieving 
such emission reduction and any non-air quality health and environmental 
impacts and energy requirements associated with the emission reduction.
    (3) The applicant may recommend a specific design, equipment, work 
practice, or operational standard, or a combination thereof, and the 
permitting authority may approve such a standard if the permitting 
authority specifically determines that it is not feasible to prescribe 
or enforce an emission limitation under the criteria set forth in 
section 112(h)(2) of the Act.
    (4) If the Administrator has either proposed a relevant emission 
standard pursuant to section 112(d) or section 112(h) of the Act or 
adopted a presumptive MACT determination for the source category which 
includes the constructed or reconstructed major source, then the MACT 
requirements applied to the constructed or reconstructed major source 
shall have considered those MACT emission limitations and requirements 
of the proposed standard or presumptive MACT determination.
    (e) Application requirements for a case-by-case MACT determination. 
(1) An application for a MACT determination (whether a permit 
application under title V of the Act, an application for a Notice of 
MACT Approval, or other

[[Page 89]]

document specified by the permitting authority under paragraph 
(c)(2)(ii) of this section) shall specify a control technology selected 
by the owner or operator that, if properly operated and maintained, will 
meet the MACT emission limitation or standard as determined according to 
the principles set forth in paragraph (d) of this section.
    (2) In each instance where a constructed or reconstructed major 
source would require additional control technology or a change in 
control technology, the application for a MACT determination shall 
contain the following information:
    (i) The name and address (physical location) of the major source to 
be constructed or reconstructed;
    (ii) A brief description of the major source to be constructed or 
reconstructed and identification of any listed source category or 
categories in which it is included;
    (iii) The expected commencement date for the construction or 
reconstruction of the major source;
    (iv) The expected completion date for construction or reconstruction 
of the major source;
    (v) the anticipated date of start-up for the constructed or 
reconstructed major source;
    (vi) The HAP emitted by the constructed or reconstructed major 
source, and the estimated emission rate for each such HAP, to the extent 
this information is needed by the permitting authority to determine 
MACT;
    (vii) Any federally enforceable emission limitations applicable to 
the constructed or reconstructed major source;
    (viii) The maximum and expected utilization of capacity of the 
constructed or reconstructed major source, and the associated 
uncontrolled emission rates for that source, to the extent this 
information is needed by the permitting authority to determine MACT;
    (ix) The controlled emissions for the constructed or reconstructed 
major source in tons/yr at expected and maximum utilization of capacity, 
to the extent this information is needed by the permitting authority to 
determine MACT;
    (x) A recommended emission limitation for the constructed or 
reconstructed major source consistent with the principles set forth in 
paragraph (d) of this section;
    (xi) The selected control technology to meet the recommended MACT 
emission limitation, including technical information on the design, 
operation, size, estimated control efficiency of the control technology 
(and the manufacturer's name, address, telephone number, and relevant 
specifications and drawings, if requested by the permitting authority);
    (xii) Supporting documentation including identification of 
alternative control technologies considered by the applicant to meet the 
emission limitation, and analysis of cost and non-air quality health 
environmental impacts or energy requirements for the selected control 
technology; and
    (xiii) Any other relevant information required pursuant to subpart 
A.
    (3) In each instance where the owner or operator contends that a 
constructed or reconstructed major source will be in compliance, upon 
startup, with case-by-case MACT under this subpart without a change in 
control technology, the application for a MACT determination shall 
contain the following information:
    (i) The information described in paragraphs (e)(2)(i) through 
(e)(2)(x) of this section; and
    (ii) Documentation of the control technology in place.
    (f) Administrative procedures for review of the Notice of MACT 
Approval. (1) The permitting authority will notify the owner or operator 
in writing, within 45 days from the date the application is first 
received, as to whether the application for a MACT determination is 
complete or whether additional information is required.
    (2) The permitting authority will initially approve the recommended 
MACT emission limitation and other terms set forth in the application, 
or the permitting authority will notify the owner or operator in writing 
of its intent to disapprove the application, within 30 calendar days 
after the owner or operator is notified in writing that the application 
is complete.

[[Page 90]]

    (3) The owner or operator may present, in writing, within 60 
calendar days after receipt of notice of the permitting authority's 
intent to disapprove the application, additional information or 
arguments pertaining to, or amendments to, the application for 
consideration by the permitting authority before it decides whether to 
finally disapprove the application.
    (4) The permitting authority will either initially approve or issue 
a final disapproval of the application within 90 days after it notifies 
the owner or operator of an intent to disapprove or within 30 days after 
the date additional information is received from the owner or operator; 
whichever is earlier.
    (5) A final determination by the permitting authority to disapprove 
any application will be in writing and will specify the grounds on which 
the disapproval is based. If any application is finally disapproved, the 
owner or operator may submit a subsequent application concerning 
construction or reconstruction of the same major source, provided that 
the subsequent application has been amended in response to the stated 
grounds for the prior disapproval.
    (6) An initial decision to approve an application for a MACT 
determination will be set forth in the Notice of MACT Approval as 
described in paragraph (g) of this section.
    (g) Notice of MACT Approval. (1) The Notice of MACT Approval will 
contain a MACT emission limitation (or a MACT work practice standard if 
the permitting authority determines it is not feasible to prescribe or 
enforce an emission standard) to control the emissions of HAP. The MACT 
emission limitation or standard will be determined by the permitting 
authority and will conform to the principles set forth in paragraph (d) 
of this section.
    (2) The Notice of MACT Approval will specify any notification, 
operation and maintenance, performance testing, monitoring, reporting 
and record keeping requirements. The Notice of MACT Approval shall 
include:
    (i) In addition to the MACT emission limitation or MACT work 
practice standard established under this subpart, additional emission 
limits, production limits, operational limits or other terms and 
conditions necessary to ensure Federal enforceability of the MACT 
emission limitation;
    (ii) Compliance certifications, testing, monitoring, reporting and 
record keeping requirements that are consistent with the requirements of 
Sec. 70.6(c) of this chapter;
    (iii) In accordance with section 114(a)(3) of the Act, monitoring 
shall be capable of demonstrating continuous compliance during the 
applicable reporting period. Such monitoring data shall be of sufficient 
quality to be used as a basis for enforcing all applicable requirements 
established under this subpart, including emission limitations;
    (iv) A statement requiring the owner or operator to comply with all 
applicable requirements contained in subpart A of this part;
    (3) All provisions contained in the Notice of MACT Approval shall be 
federally enforceable upon the effective date of issuance of such 
notice, as provided by paragraph (j) of this section.
    (4) The Notice of MACT Approval shall expire if construction or 
reconstruction has not commenced within 18 months of issuance, unless 
the permitting authority has granted an extension which shall not exceed 
an additional 12 months.
    (h) Opportunity for public comment on the Notice of MACT Approval. 
(1) The permitting authority will provide opportunity for public comment 
on the Notice of MACT Approval, including, at a minimum:
    (i) Availability for public inspection in at least one location in 
the area affected of the information submitted by the owner or operator 
and of the permitting authority's initial decision to approve the 
application;
    (ii) A 30-day period for submittal of public comment; and
    (iii) A notice by prominent advertisement in the area affected of 
the location of the source information and initial decision specified in 
paragraph (h)(1)(i) of this section.
    (2) At the discretion of the permitting authority, the Notice of 
MACT Approval setting forth the initial decision to approve the 
application may become final automatically at the end of

[[Page 91]]

the comment period if no adverse comments are received. If adverse 
comments are received, the permitting authority shall have 30 days after 
the end of the comment period to make any necessary revisions in its 
analysis and decide whether to finally approve the application.
    (i) EPA notification. The permitting authority shall send a copy of 
the final Notice of MACT Approval, notice of approval of a title V 
permit application incorporating a MACT determination (in those 
instances where the owner or operator either is required or elects to 
obtain such a permit before construction or reconstruction), or other 
notice of approval issued pursuant to paragraph (c)(2)(ii) of this 
section to the Administrator through the appropriate Regional Office, 
and to all other State and local air pollution control agencies having 
jurisdiction in affected States.
    (j) Effective date. The effective date of a MACT determination shall 
be the date the Notice of MACT Approval becomes final, the date of 
issuance of a title V permit incorporating a MACT determination (in 
those instances where the owner or operator either is required or elects 
to obtain such a permit before construction or reconstruction), or the 
date any other notice of approval issued pursuant to paragraph 
(c)(2)(ii) of this section becomes final.
    (k) Compliance date. On and after the date of start-up, a 
constructed or reconstructed major source which is subject to the 
requirements of this subpart shall be in compliance with all applicable 
requirements specified in the MACT determination.
    (l) Compliance with MACT determinations. (1) An owner or operator of 
a constructed or reconstructed major source that is subject to a MACT 
determination shall comply with all requirements in the final Notice of 
MACT Approval, the title V permit (in those instances where the owner or 
operator either is required or elects to obtain such a permit before 
construction or reconstruction), or any other final notice of approval 
issued pursuant to paragraph (c)(2)(ii) of this section, including but 
not limited to any MACT emission limitation or MACT work practice 
standard, and any notification, operation and maintenance, performance 
testing, monitoring, reporting, and recordkeeping requirements.
    (2) An owner or operator of a constructed or reconstructed major 
source which has obtained a MACT determination shall be deemed to be in 
compliance with section 112(g)(2)(B) of the Act only to the extent that 
the constructed or reconstructed major source is in compliance with all 
requirements set forth in the final Notice of MACT Approval, the title V 
permit (in those instances where the owner or operator either is 
required or elects to obtain such a permit before construction or 
reconstruction), or any other final notice of approval issued pursuant 
to paragraph (c)(2)(ii) of this section. Any violation of such 
requirements by the owner or operator shall be deemed by the permitting 
authority and by EPA to be a violation of the prohibition on 
construction or reconstruction in section 112(g)(2)(B) for whatever 
period the owner or operator is determined to be in violation of such 
requirements, and shall subject the owner or operator to appropriate 
enforcement action under the Act.
    (m) Reporting to the Administrator. Within 60 days of the issuance 
of a final Notice of MACT Approval, a title V permit incorporating a 
MACT determination (in those instances where the owner or operator 
either is required or elects to obtain such a permit before construction 
or reconstruction), or any other final notice of approval issued 
pursuant to paragraph (c)(2)(ii) of this section, the permitting 
authority shall provide a copy of such notice to the Administrator, and 
shall provide a summary in a compatible electronic format for inclusion 
in the MACT data base.

[20 FR 68401, Dec. 27, 1996]



Sec. 63.44  Requirements for constructed or reconstructed major sources 

subject to a subsequently promulgated MACT standard or MACT requirement.

    (a) If the Administrator promulgates an emission standard under 
section 112(d) or section 112(h) of the Act or the permitting authority 
issues a determination under section 112(j) of the Act that is 
applicable to a stationary source or group of sources which would

[[Page 92]]

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

[61 FR 68404, Dec. 27, 1996]



Sec. Sec. 63.45-63.49  [Reserved]



Sec. 63.50  Applicability.

    (a) General applicability. (1) The requirements of this section 
through Sec. 63.56 implement section 112(j) of the Clean Air Act (as 
amended in 1990). The requirements of this section through

[[Page 93]]

Sec. 63.56 apply in each State beginning on the effective date of an 
approved title V permit program in such State. The requirements of this 
section through Sec. 63.56 do not apply to research or laboratory 
activities as defined in Sec. 63.51.
    (2) The requirements of this section through Sec. 63.56 apply to:
    (i) The owner or operator of affected sources within a source 
category or subcategory under this part that are located at a major 
source that is subject to an approved title V permit program and for 
which the Administrator has failed to promulgate emission standards by 
the section 112(j) deadlines. If title V applicability has been deferred 
for a source category, then section 112(j) is not applicable for sources 
in that category within that State, local or tribal jurisdiction until 
those sources become subject to title V permitting requirements; and
    (ii) Permitting authorities with an approved title V permit program.
    (b) Relationship to State and local requirements. Nothing in 
Sec. Sec. 63.50 through 63.56 shall prevent a State or local regulatory 
agency from imposing more stringent requirements, as a matter of State 
or local law, than those contained in Sec. Sec. 63.50 through 63.56.
    (c) The procedures in Sec. Sec. 63.50 through 63.56 apply for each 
affected source only after the section 112(j) deadline for the source 
category or subcategory in question has passed, and only until such time 
as a generally applicable Federal standard governing that source has 
been promulgated under section 112(d) or 112(h) of the Act. Once a 
generally applicable Federal standard governing that source has been 
promulgated, the owner or operator of the affected source and the 
permitting authority are not required to take any further actions to 
develop an equivalent emission limitation under section 112(j) of the 
Act.
    (d) Any final equivalent emission limitation for an affected source 
which is issued by the permitting authority pursuant to Sec. Sec. 63.50 
through 63.56 prior to promulgation of a generally applicable Federal 
standard governing that source under section 112(d) or 112(h) of the Act 
shall be deemed an applicable Federal requirement adopted pursuant to 
section 112(j) of the Act. Each such equivalent emission limitation 
shall take effect upon issuance of the permit containing that limitation 
under section 112(j)(5) of the Act, and shall remain applicable to the 
source until such time as it may be revised or supplanted pursuant to 
the procedures established by Sec. Sec. 63.50 through 63.56. Such a 
final equivalent emission limitation, and all associated requirements 
adopted pursuant to Sec. 63.52(f)(2), are directly enforceable under 
Federal law regardless of whether or not any permit in which they may be 
contained remains in effect.

[59 FR 26449, May 20, 1994, as amended at 67 FR 16605, Apr. 5, 2002; 68 
FR 32601, May 30, 2003]



Sec. 63.51  Definitions.

    Terms used in Sec. Sec. 63.50 through 63.56 that are not defined in 
this section have the meaning given to them in the Act, or in subpart A 
of this part.
    Affected source means the collection of equipment, activities, or 
both within a single contiguous area and under common control that is in 
a section 112(c) source category or subcategory for which the 
Administrator has failed to promulgate an emission standard by the 
section 112(j) deadline, and that is addressed by an applicable MACT 
emission limitation established pursuant to this subpart.
    Available information means, for purposes of conducting a MACT floor 
finding and identifying control technology options under this subpart, 
any information that is available as of the date on which the first Part 
2 MACT application is filed for a source in the relevant source category 
or subcategory in the State or jurisdiction; and, pursuant to the 
requirements of this subpart, is additional relevant information that 
can be expeditiously provided by the Administrator, is submitted by the 
applicant or others prior to or during the public comment period on the 
section 112(j) equivalent emission limitation for that source, or 
information contained in the information sources in paragraphs (1) 
through (5) of this definition.
    (1) A relevant proposed regulation, including all supporting 
information;

[[Page 94]]

    (2) Relevant background information documents for a draft or 
proposed regulation.
    (3) Any relevant regulation, information or guidance collected by 
the Administrator establishing a MACT floor finding and/or MACT 
determination.
    (4) Relevant data and information available from the Clean Air 
Technology Center developed pursuant to section 112(l)(3) of the Act.
    (5) Relevant data and information contained in the Aerometric 
Information Retrieval System (AIRS).
    (6) Any additional information that can be expeditiously provided by 
the Administrator, and
    (7) Any information provided by applicants in an application for a 
permit, permit modification, administrative amendment, or Notice of MACT 
Approval pursuant to the requirements of this subpart.
    (8) Any additional relevant information provided by the applicant.
    Control technology means measures, processes, methods, systems, or 
techniques to limit the emission of hazardous air pollutants including, 
but not limited to, measures which:
    (1) Reduce the quantity, or eliminate emissions, of such pollutants 
through process changes, substitution of materials or other 
modifications;
    (2) Enclose systems or processes to eliminate emissions;
    (3) Collect, capture, or treat such pollutants when released from a 
process, stack, storage or fugitive emissions point;
    (4) Are design, equipment, work practice, or operational standards 
(including requirements for operator training or certification) as 
provided in 42 U.S.C. 7412(h); or
    (5) Are a combination of paragraphs (1) through (4) of this 
definition.
    Enhanced review means a review process containing all administrative 
steps needed to ensure that the terms and conditions resulting from the 
review process can be incorporated using title V permitting procedures.
    Equivalent emission limitation means an emission limitation, 
established under section 112(j) of the Act, which is equivalent to the 
MACT standard that EPA would have promulgated under section 112(d) or 
(h) of the Act.
    Maximum achievable control technology (MACT) emission limitation for 
existing sources means the emission limitation reflecting the maximum 
degree of reduction in emissions of hazardous air pollutants (including 
a prohibition on such emissions, where achievable) that the 
Administrator, taking into consideration the cost of achieving such 
emission reductions, and any non-air quality health and environmental 
impacts and energy requirements, determines is achievable by sources in 
the category or subcategory to which such emission standard applies. 
This limitation shall not be less stringent than the MACT floor.
    Maximum achievable control technology (MACT) emission limitation for 
new sources means the emission limitation which is not less stringent 
than the emission limitation achieved in practice by the best controlled 
similar source, and which reflects the maximum degree of reduction in 
emissions of hazardous air pollutants (including a prohibition on such 
emissions, where achievable) that the Administrator, taking into 
consideration the cost of achieving such emission reduction, and any 
non-air quality health and environmental impacts and energy 
requirements, determines is achievable by sources in the category or 
subcategory to which such emission standard applies.
    Maximum Achievable Control Technology (MACT) floor means:
    (1) For existing sources:
    (i) The average emission limitation achieved by the best performing 
12 percent of the existing sources in the United States (for which the 
Administrator has emissions information), excluding those sources that 
have, within 18 months before the emission standard is proposed or 
within 30 months before such standard is promulgated, whichever is 
later, first achieved a level of emission rate or emission reduction 
which complies, or would comply if the source is not subject to such 
standard, with the lowest achievable emission rate (as defined in 
section 171 of the Act) applicable to the source category and prevailing 
at the time, in the category or subcategory, for categories and 
subcategories of stationary sources with 30 or more sources; or

[[Page 95]]

    (ii) The average emission limitation achieved by the best performing 
five sources (for which the Administrator has or could reasonably obtain 
emissions information) in the category or subcategory, for categories or 
subcategories with fewer than 30 sources;
    (2) For new sources, the emission limitation achieved in practice by 
the best controlled similar source.
    New affected source means the collection of equipment, activities, 
or both, that if constructed after the issuance of a section 112(j) 
permit for the source pursuant to Sec. 63.52, is subject to the 
applicable MACT emission limitation for new sources. Each permit must 
define the term ``new affected source,'' which will be the same as the 
``affected source'' unless a different collection is warranted based on 
consideration of factors including:
    (1) Emission reduction impacts of controlling individual sources 
versus groups of sources;
    (2) Cost effectiveness of controlling individual equipment;
    (3) Flexibility to accommodate common control strategies;
    (4) Cost/benefits of emissions averaging;
    (5) Incentives for pollution prevention;
    (6) Feasibility and cost of controlling processes that share common 
equipment (e.g., product recovery devices);
    (7) Feasibility and cost of monitoring; and
    (8) Other relevant factors.
    Permitting authority means the permitting authority as defined in 
part 70 of this chapter.
    Research or laboratory activities means activities whose primary 
purpose is to conduct research and development into new processes and 
products where such activities are operated under the close supervision 
of technically trained personnel and are not engaged in the manufacture 
of products for commercial sale in commerce, except in a de minimis 
manner; and where the source is not in a source category, specifically 
addressing research or laboratory activities, that is listed pursuant to 
section 112(c)(7) of the Act.
    Section 112(j) deadline means the date 18 months after the date for 
which a relevant standard is scheduled to be promulgated under this 
part, except that for all major sources listed in the source category 
schedule for which a relevant standard is scheduled to be promulgated by 
November 15, 1994, the section 112(j) deadline is November 15, 1996, and 
for all major sources listed in the source category schedule for which a 
relevant standard is scheduled to be promulgated by November 15, 1997, 
the section 112(j) deadline is December 15, 1999.
    Similar source means that equipment or collection of equipment that, 
by virtue of its structure, operability, type of emissions and volume 
and concentration of emissions, is substantially equivalent to the new 
affected source and employs control technology for control of emissions 
of hazardous air pollutants that is practical for use on the new 
affected source.
    Source category schedule for standards means the schedule for 
promulgating MACT standards issued pursuant to section 112(e) of the 
Act.

[59 FR 26449, May 20, 1994, as amended at 61 FR 21372, May 10, 1996; 64 
FR 26314, May 14, 1999; 67 FR 16605, Apr. 5, 2002]



Sec. 63.52  Approval process for new and existing affected sources.

    (a) Sources subject to section 112(j) as of the section 112(j) 
deadline. The requirements of paragraphs (a)(1) and (2) of this section 
apply to major sources that include, as of the section 112(j) deadline, 
one or more sources in a category or subcategory for which the 
Administrator has failed to promulgate an emission standard under this 
part on or before an applicable section 112(j) deadline. Existing source 
MACT requirements (including relevant compliance deadlines), as 
specified in a title V permit issued to the source pursuant to the 
requirements of the subpart, must apply to such sources.
    (1) The owner or operator must submit an application for a title V 
permit or for a revision to an existing title V permit or a pending 
title V permit meeting the requirements of Sec. 63.53(a) by the section 
112(j) deadline if the owner or operator can reasonably determine that 
one or more sources at the major source belong in the category or 
subcategory subject to section 112(j).

[[Page 96]]

    (2) If an application was not submitted under paragraph (a)(1) of 
this section and if notified by the permitting authority, the owner or 
operator must submit an application for a title V permit or for a 
revision to an existing title V permit or a pending title V permit 
meeting the requirements of Sec. 63.53(a) within 30 days after being 
notified in writing by the permitting authority that one or more sources 
at the major source belong to such category or subcategory. Permitting 
authorities are not required to make such notification.
    (3) The requirements in paragraphs (a)(3)(i) through (ii) of this 
section apply when the owner or operator has obtained a title V permit 
that incorporates a case-by-case MACT determination by the permitting 
authority under section 112(g) or has submitted a title V permit 
application for a revision that incorporates a case-by-case MACT 
determination under section 112(g), but has not submitted an application 
for a title V permit revision that addresses the emission limitation 
requirements of section 112(j).
    (i) When the owner or operator has a title V permit that 
incorporates a case-by-case MACT determination by the permitting 
authority under section 112(g), the owner or operator must submit an 
application meeting the requirements of Sec. 63.53(a) for a title V 
permit revision within 30 days of the section 112(j) deadline or within 
30 days of being notified in writing by the permitting authority that 
one or more sources at the major source belong in such category or 
subcategory. Using the procedures established in paragraph (e) of this 
section, the permitting authority must determine whether the emission 
limitations adopted pursuant to the prior case-by-case MACT 
determination under section 112(g) are substantially as effective as the 
emission limitations which the permitting authority would otherwise 
adopt pursuant to section 112(j) for the source in question. If the 
permitting authority determines that the emission limitations previously 
adopted to effectuate section 112(g) are substantially as effective as 
the emission limitations which the permitting authority would otherwise 
adopt to effectuate section 112(j) for the source, then the permitting 
authority must retain the existing emission limitations in the permit as 
the emission limitations to effectuate section 112(j). The title V 
permit applicable to that source must be revised accordingly. If the 
permitting authority does not retain the existing emission limitations 
in the permit as the emission limitations to effectuate section 112(j), 
the MACT requirements of this subpart are satisfied upon issuance of a 
revised title V permit incorporating any additional section 112(j) 
requirements.
    (ii) When the owner or operator has submitted a title V permit 
application that incorporates a case-by-case MACT determination by the 
permitting authority under section 112(g), but has not received the 
permit incorporating the section 112(g) requirements, the owner or 
operator must continue to pursue a title V permit that addresses the 
emission limitation requirements of section 112(g). Within 30 days of 
issuance of that title V permit, the owner or operator must submit an 
application meeting the requirements of Sec. 63.53(a) for a change to 
the existing title V permit. Using the procedures established in 
paragraph (e) of this section, the permitting authority must determine 
whether the emission limitations adopted pursuant to the prior case-by-
case MACT determination under section 112(g) are substantially as 
effective as the emission limitations which the permitting authority 
would otherwise adopt pursuant to section 112(j) for the source in 
question. If the permitting authority determines that the emission 
limitations previously adopted to effectuate section 112(g) are 
substantially as effective as the emission limitations which the 
permitting authority would otherwise adopt to effectuate section 112(j) 
for the source, then the permitting authority must retain the existing 
emission limitations in the permit as the emission limitations to 
effectuate section 112(j). The title V permit applicable to that source 
must be revised accordingly. If the permitting authority does not retain 
the existing emission limitations in the permit as the emission 
limitations to effectuate section 112(j), the MACT requirements of this 
subpart are satisfied

[[Page 97]]

upon issuance of a revised title V permit incorporating any additional 
section 112(j) requirements.
    (b) Sources that become subject to section 112(j) after the section 
112(j) deadline and that do not have a title V permit addressing section 
112(j) requirements. The requirements of paragraphs (b)(1) through (4) 
of this section apply to sources that do not meet the criteria in 
paragraph (a) of this section on the section 112(j) deadline and are, 
therefore, not subject to section 112(j) on that date, but where events 
occur subsequent to the section 112(j) deadline that would bring the 
source under the requirements of this subpart, and the source does not 
have a title V permit that addresses the requirements of section 112(j).
    (1) When one or more sources in a category or subcategory subject to 
the requirements of this subpart are installed at a major source, or 
result in the source becoming a major source due to the installation, 
and the installation does not invoke section 112(g) requirements, the 
owner or operator must submit an application meeting the requirements of 
Sec. 63.53(a) within 30 days of startup of the source. This application 
shall be reviewed using the procedures established in paragraph (e) of 
this section. Existing source MACT requirements (including relevant 
compliance deadlines), as specified in a title V permit issued pursuant 
to the requirements of this subpart, shall apply to such sources.
    (2) The requirements in this paragraph apply when one or more 
sources in a category or subcategory subject to this subpart are 
installed at a major source, or result in the source becoming a major 
source due to the installation, and the installation does require 
emission limitations to be established and permitted under section 
112(g), and the owner or operator has not submitted an application for a 
title V permit revision that addresses the emission limitation 
requirements of section 112(j). In this case, the owner or operator must 
apply for and obtain a title V permit that addresses the emission 
limitation requirements of section 112(g). Within 30 days of issuance of 
that title V permit, the owner or operator must submit an application 
meeting the requirements of Sec. 63.53(a) for a revision to the 
existing title V permit. Using the procedures established in paragraph 
(e) of this section, the permitting authority must determine whether the 
emission limitations adopted pursuant to the prior case-by-case MACT 
determination under section 112(g) are substantially as effective as the 
emission limitations which the permitting authority would otherwise 
adopt pursuant to section 112(j) for the source in question. If the 
permitting authority determines that the emission limitations previously 
adopted to effectuate section 112(g) are substantially as effective as 
the emission limitations which the permitting authority would otherwise 
adopt to effectuate section 112(j) for the source, then the permitting 
authority must retain the existing emission limitations in the permit as 
the emission limitations to effectuate section 112(j). The title V 
permit applicable to that source must be revised accordingly. If the 
permitting authority does not retain the existing emission limitations 
in the permit as the emission limitations to effectuate section 112(j), 
the MACT requirements of this subpart are satisfied upon issuance of a 
revised title V permit incorporating any additional section 112(j) 
requirements.
    (3) The owner or operator of an area source that, due to a 
relaxation in any federally enforceable emission limitation (such as a 
restriction on hours of operation), increases its potential to emit 
hazardous air pollutants such that the source becomes a major source 
that is subject to this subpart, must submit an application meeting the 
requirements of Sec. 63.53(a) for a title V permit or for an 
application for a title V permit revision within 30 days after the date 
that such source becomes a major source. This application must be 
reviewed using the procedures established in paragraph (e) of this 
section. Existing source MACT requirements (including relevant 
compliance deadlines), as specified in a title V permit issued pursuant 
to the requirements of this subpart, must apply to such sources.
    (4) On or after April 5, 2002, if the Administrator establishes a 
lesser quantity emission rate under section

[[Page 98]]

112(a)(1) of the Act that results in an area source becoming a major 
source that is subject to this subpart, then the owner or operator of 
such a major source must submit an application meeting the requirements 
of Sec. 63.53(a) for a title V permit or for a change to an existing 
title V permit or pending title V permit on or before the date 6 months 
after the date that such source becomes a major source. Existing source 
MACT requirements (including relevant compliance deadlines), as 
specified in a title V permit issued pursuant to the requirements of 
this subpart, shall apply to such sources.
    (c) Sources that have a title V permit addressing section 112(j) 
requirements. The requirements of paragraphs (c)(1) and (2) of this 
section apply to major sources that include one or more sources in a 
category or subcategory for which the Administrator fails to promulgate 
an emission standard under this part on or before an applicable section 
112(j) deadline, and the owner or operator has a permit meeting the 
section 112(j) requirements, and where changes occur at the major source 
to equipment, activities, or both, subsequent to the section 112(j) 
deadline.
    (1) If the title V permit already provides the appropriate 
requirements that address the events that occur under paragraph (c) of 
this section subsequent to the section 112(j) deadline, then the source 
must comply with the applicable new source MACT or existing source MACT 
requirements as specified in the permit, and the section 112(j) 
requirements are thus satisfied.
    (2) If the title V permit does not contain the appropriate 
requirements that address the events that occur under paragraph (c) of 
this section subsequent to the section 112(j) deadline, then the owner 
or operator must submit an application for a revision to the existing 
title V permit that meets the requirements of Sec. 63.53(a). The 
application must be submitted within 30 days of beginning construction 
and must be reviewed using the procedures established in paragraph (e) 
of this section. Existing source MACT requirements (including relevant 
compliance deadlines), as specified in a title V permit issued pursuant 
to the requirements of this subpart, shall apply to such sources.
    (d) Requests for applicability determination or notice of MACT 
approval. (1) An owner or operator who is unsure of whether one or more 
sources at a major source belong in a category or subcategory for which 
the Administrator has failed to promulgate an emission standard under 
this part may, on or before an applicable section 112(j) deadline, 
request an applicability determination from the permitting authority by 
submitting an application meeting the requirements of Sec. 63.53(a) by 
the applicable deadlines specified in paragraphs (a), (b), or (c) of 
this section.
    (2) In addition to meeting the requirements of paragraphs (a), (b), 
and (c) of this section, the owner or operator of a new affected source 
may submit an application for a Notice of MACT Approval before 
construction, pursuant to Sec. 63.54.
    (e) Permit application review. (1) Each owner or operator who is 
required to submit to the permitting authority a Part 1 MACT application 
which meets the requirements of Sec. 63.53(a) for one or more sources 
in a category or subcategory subject to section 112(j) must also submit 
to the permitting authority a timely Part 2 MACT application for the 
same sources which meets the requirements of Sec. 63.53(b). Each owner 
or operator shall submit the Part 2 MACT application for the sources in 
a particular category or subcategory no later than the applicable date 
specified in table 1 to this subpart. The submission date specified in 
table 1 to this subpart for Miscellaneous Organic Chemical Manufacturing 
shall apply to sources in each of the source categories listed in table 
2 to this subpart. When the owner or operator is required by Sec. Sec. 
63.50 through 63.56 to submit an application meeting the requirements of 
Sec. 63.53(a) by a date which is after the date for a Part 2 MACT 
application for sources in the category or subcategory in question 
established by table 1 to this subpart, the owner or operator shall 
submit a Part 2 MACT application meeting the requirements of Sec. 
63.53(b) within 60 additional days after the applicable deadline for 
submission of the Part 1 MACT application. Part 2

[[Page 99]]

MACT applications must be reviewed by the permitting authority according 
to procedures established in Sec. 63.55. The resulting MACT 
determination must be incorporated into the source's title V permit 
according to procedures established under title V, and any other 
regulations approved under title V in the jurisdiction in which the 
affected source is located.
    (2) Notwithstanding paragraph (e)(1) of this section, the owner or 
operator may request either an applicability determination or an 
equivalency determination by the permitting authority as provided in 
paragraphs (e)(2)(i) and (ii) of this section.
    (i) Each owner or operator who submitted a request for an 
applicability determination pursuant to paragraph (d)(1) of this section 
on or before May 15, 2002, which remains pending before the permitting 
authority on May 30, 2003, and who still wishes to obtain such a 
determination, must resubmit that request by July 29, 2003, or by the 
date which is 60 days after the Administrator publishes in the Federal 
Register a proposed standard under section 112(d) or 112(h) of the Act 
for the category or subcategory in question, whichever is later. Each 
request for an applicability determination which is resubmitted under 
this paragraph (e)(2)(i) must be supplemented to discuss the relation 
between the source(s) in question and the applicability provision in the 
proposed standard for the category or subcategory in question, and to 
explain why there may still be uncertainties that require a 
determination of applicability. The permitting authority must take 
action upon each properly resubmitted and supplemented request for an 
applicability determination within an additional 60 days after the 
applicable deadline for the resubmitted request. If the applicability 
determination is positive, the owner or operator must submit a Part 2 
MACT application meeting the requirements of Sec. 63.53(b) by the date 
specified for the category or subcategory in question in Table 1 to this 
subpart. If the applicability determination is negative, then no further 
action by the owner or operator is necessary.
    (ii) As specified in paragraphs (a) and (b) of this section, an 
owner or operator who has submitted an application meeting the 
requirements of Sec. 63.53(a) may request a determination by the 
permitting authority of whether emission limitations adopted pursuant to 
a prior case-by-case MACT determination under section 112(g) that apply 
to one or more sources at a major source in a relevant category or 
subcategory are substantially as effective as the emission limitations 
which the permitting authority would otherwise adopt pursuant to section 
112(j) for the source in question. Such a request must be submitted by 
the date for the category or subcategory in question specified in Table 
1 to this subpart. Any owner or operator who previously submitted such a 
request under a prior version of this paragraph (e)(2)(ii) need not 
resubmit the request. Each request for an equivalency determination 
under this paragraph (e)(2)(ii), regardless of when it was submitted, 
will be construed in the alternative as a complete application for an 
equivalent emission limitation under section 112(j). The process for 
determination by the permitting authority of whether the emission 
limitations in the prior case-by-case MACT determination are 
substantially as effective as the emission limitations which the 
permitting authority would otherwise adopt under section 112(j) must 
include the opportunity for full public, EPA, and affected State review 
prior to a final determination. If the permitting authority determines 
that the emission limitations in the prior case-by-case MACT 
determination are substantially as effective as the emission limitations 
which the permitting authority would otherwise adopt under section 
112(j), then the permitting authority must adopt the existing emission 
limitations in the permit as the emission limitations to effectuate 
section 112(j) for the source in question. If more than 3 years remain 
on the current title V permit, the owner or operator must submit an 
application for a title V permit revision to make any conforming changes 
in the permit required to adopt the existing emission limitations as the 
section 112(j) MACT emission limitations. If less than 3 years remain on 
the current title V permit, any required conforming changes must be made 
when the permit

[[Page 100]]

is renewed. If the permitting authority determines that the emission 
limitations in the prior case-by-case MACT determination under section 
112(g) are not substantially as effective as the emission limitations 
which the permitting authority would otherwise adopt for the source in 
question under section 112(j), the permitting authority must make a new 
MACT determination and adopt a title V permit incorporating an 
appropriate equivalent emission limitation under section 112(j). Such a 
determination constitutes final action for purposes of judicial review 
under 40 CFR 70.4(b)(3)(x) and corresponding State title V program 
provisions.
    (3) Within 60 days of submittal of the Part 2 MACT application, the 
permitting authority must notify the owner or operator in writing 
whether the application is complete or incomplete. The Part 2 MACT 
application shall be deemed complete on the date it was submitted unless 
the permitting authority notifies the owner or operator in writing 
within 60 days of the submittal that the Part 2 MACT application is 
incomplete. A Part 2 MACT application is complete if it is sufficient to 
begin processing the application for a title V permit addressing section 
112(j) requirements. In the event that the permitting authority 
disapproves a permit application or determines that the application is 
incomplete, the owner or operator must revise and resubmit the 
application to meet the objections of the permitting authority. The 
permitting authority must specify a reasonable period in which the owner 
or operator is required to remedy the deficiencies in the disapproved or 
incomplete application. This period may not exceed 6 months from the 
date the owner or operator is first notified that the application has 
been disapproved or is incomplete.
    (4) Following submittal of a Part 1 or Part 2 MACT application, the 
permitting authority may request additional information from the owner 
or operator. The owner or operator must respond to such requests in a 
timely manner.
    (5) If the owner or operator has submitted a timely and complete 
application as required by this section, any failure to have a title V 
permit addressing section 112(j) requirements shall not be a violation 
of section 112(j), unless the delay in final action is due to the 
failure of the applicant to submit, in a timely manner, information 
required or requested to process the application. Once a complete 
application is submitted, the owner or operator shall not be in 
violation of the requirement to have a title V permit addressing section 
112(j) requirements.
    (f) Permit content. The title V permit must contain an equivalent 
emission limitation (or limitations) for the relevant category or 
subcategory determined on a case-by-case basis by the permitting 
authority, or, if the applicable criteria in subpart D of this part are 
met, the title V permit may contain an alternative emission limitation. 
For the purposes of the preceding sentence, early reductions made 
pursuant to section 112(i)(5)(A) of the Act must be achieved not later 
than the date on which the relevant standard should have been 
promulgated according to the source category schedule for standards.
    (1) The title V permit must contain an emission standard or emission 
limitation that is equivalent to existing source MACT and an emission 
standard or emission limitation that is equivalent to new source MACT 
for control of emissions of hazardous air pollutants. The MACT emission 
standards or limitations must be determined by the permitting authority 
and must be based on the degree of emission reductions that can be 
achieved if the control technologies or work practices are installed, 
maintained, and operated properly. The permit must also specify the 
affected source and the new affected source. If construction of a new 
affected source or reconstruction of an affected source commences after 
a title V permit meeting the requirements of section 112(j) has been 
issued for the source, the new source MACT compliance dates must apply.
    (2) The title V permit must specify any notification, operation and 
maintenance, performance testing, monitoring, and reporting and 
recordkeeping requirements. In developing the title V permit, the 
permitting authority must consider and specify the

[[Page 101]]

appropriate provisions of subpart A of this part. The title V permit 
must also include the information in paragraphs (f)(2)(i) through (iii) 
of this section.
    (i) In addition to the MACT emission limitation required by 
paragraph (f)(1) of this section, additional emission limits, production 
limits, operational limits or other terms and conditions necessary to 
ensure practicable enforceability of the MACT emission limitation.
    (ii) Compliance certifications, testing, monitoring, reporting and 
recordkeeping requirements that are consistent with requirements 
established pursuant to title V and paragraph (h) of this section.
    (iii) Compliance dates by which the owner or operator must be in 
compliance with the MACT emission limitation and all other applicable 
terms and conditions of the permit.
    (A) The owner or operator of an affected source subject to the 
requirements of this subpart must comply with the emission limitation(s) 
by the date established in the source's title V permit. In no case shall 
such compliance date be later than 3 years after the issuance of the 
permit for that source, except where the permitting authority issues a 
permit that grants an additional year to comply in accordance with 
section 112(i)(3)(B) of the Act, or unless otherwise specified in 
section 112(i), or in subpart D of this part.
    (B) The owner or operator of a new affected source, as defined in 
the title V permit meeting the requirements of section 112(j), that is 
subject to the requirements of this subpart must comply with a new 
source MACT level of control immediately upon startup of the new 
affected source.
    (g) Permit issuance dates. The permitting authority must issue a 
title V permit meeting section 112(j) requirements within 18 months 
after submittal of the complete Part 2 MACT application.
    (h) Enhanced monitoring. In accordance with section 114(a)(3) of the 
Act, monitoring shall be capable of demonstrating continuous compliance 
for each compliance period during the applicable reporting period. Such 
monitoring data shall be of sufficient quality to be used as a basis for 
directly enforcing all applicable requirements established under this 
subpart, including emission limitations.
    (i) MACT emission limitations. (1) The owner or operator of affected 
sources subject to paragraphs (a), (b), and (c) of this section must 
comply with all requirements of this subpart that are applicable to 
affected sources, including the compliance date for affected sources 
established in paragraph (f)(2)(iii)(A) of this section.
    (2) The owner or operator of new affected sources subject to 
paragraph (c)(1) of this section must comply with all requirements of 
this subpart that are applicable to new affected sources, including the 
compliance date for new affected sources established in paragraph 
(f)(2)(iii)(B) of this section.

[67 FR 16606, Apr. 5, 2002; 68 FR 32602, May 30, 2003]



Sec. 63.53  Application content for case-by-case MACT determinations.

    (a) Part 1 MACT application. The Part 1 application for a MACT 
determination must contain the information in paragraphs (a)(1) through 
(4) of this section.
    (1) The name and address (physical location) of the major source.
    (2) A brief description of the major source and an identification of 
the relevant source category.
    (3) An identification of the types of emission points belonging to 
the relevant source category.
    (4) An identification of any affected sources for which a section 
112(g) MACT determination has been made.
    (b) Part 2 MACT application. (1) In compiling a Part 2 MACT 
application, the owner or operator may cross-reference specific 
information in any prior submission by the owner or operator to the 
permitting authority, but in cross-referencing such information the 
owner or operator may not presume favorable action on any prior 
application or request which is still pending. In compiling a Part 2 
MACT application, the owner or operator may also cross-reference any 
part of a standard proposed by the Administrator pursuant to section 
112(d) or 112(h) of the Act for any category or subcategory which

[[Page 102]]

includes sources to which the Part 2 application applies.
    (2) The Part 2 application for a MACT determination must contain the 
information in paragraphs (b)(2)(i) through (b)(2)(v) of this section.
    (i) For a new affected source, the anticipated date of startup of 
operation.
    (ii) Each emission point or group of emission points at the affected 
source which is part of a category or subcategory for which a Part 2 
MACT application is required, and each of the hazardous air pollutants 
emitted at those emission points. When the Administrator has proposed a 
standard pursuant to section 112(d) or 112(h) of the Act for a category 
or subcategory, such information may be limited to those emission points 
and hazardous air pollutants which would be subject to control under the 
proposed standard.
    (iii) Any existing Federal, State, or local limitations or 
requirements governing emissions of hazardous air pollutants from those 
emission points which are part of a category or subcategory for which a 
Part 2 application is required.
    (iv) For each identified emission point or group of affected 
emission points, an identification of control technology in place.
    (v) Any additional emission data or other information specifically 
requested by the permitting authority.
    (3) The Part 2 application for a MACT determination may, but is not 
required to, contain the following information:
    (i) Recommended emission limitations for the affected source and 
support information consistent with Sec. 63.52(f). The owner or 
operator may recommend a specific design, equipment, work practice, or 
operational standard, or combination thereof, as an emission limitation.
    (ii) A description of the control technologies that would be applied 
to meet the emission limitation including technical information on the 
design, operation, size, estimated control efficiency and any other 
information deemed appropriate by the permitting authority, and 
identification of the affected sources to which the control technologies 
must be applied.
    (iii) Relevant parameters to be monitored and frequency of 
monitoring to demonstrate continuous compliance with the MACT emission 
limitation over the applicable reporting period.

[67 FR 16609, Apr. 5, 2002, as amended at 68 FR 32602, May 30, 2003]



Sec. 63.54  Preconstruction review procedures for new affected sources.

    The requirements of this section apply to an owner or operator who 
constructs a new affected source subject to Sec. 63.52(c)(1). The 
purpose of this section is to describe alternative review processes that 
the permitting authority may use to make a MACT determination for the 
new affected source.
    (a) Review process for new affected sources. (1) If the permitting 
authority requires an owner or operator to obtain or revise a title V 
permit before construction of the new affected source, or when the owner 
or operator chooses to obtain or revise a title V permit before 
construction, the owner or operator must follow the procedures 
established under the applicable title V permit program before 
construction of the new affected source.
    (2) If an owner or operator is not required to obtain or revise a 
title V permit before construction of the new affected source (and has 
not elected to do so), but the new affected source is covered by any 
preconstruction or preoperation review requirements established pursuant 
to section 112(g) of the Act, then the owner or operator must comply 
with those requirements in order to ensure that the requirements of 
section 112(j) and (g) are satisfied. If the new affected source is not 
covered by section 112(g), the permitting authority, in its discretion, 
may issue a Notice of MACT Approval, or the equivalent, in accordance 
with the procedures set forth in paragraphs (b) through (f) of this 
section, or an equivalent permit review process, before construction or 
operation of the new affected source.
    (3) Regardless of the review process, the MACT determination shall 
be consistent with the principles established in Sec. 63.55. The 
application for a Notice of MACT Approval or a title V permit, permit 
modification, or administrative amendment, whichever is applicable, 
shall include the documentation required by Sec. 63.53.

[[Page 103]]

    (b) Optional administrative procedures for preconstruction or 
preoperation review for new affected sources. The permitting authority 
may provide for an enhanced review of section 112(j) MACT determinations 
for review procedures and compliance requirements equivalent to those 
set forth in paragraphs (b) through (f) of this section.
    (1) The permitting authority will notify the owner or operator in 
writing as to whether the application for a MACT determination is 
complete or whether additional information is required.
    (2) The permitting authority will approve an applicant's proposed 
control technology, or the permitting authority will notify the owner or 
operator in writing of its intention to disapprove a control technology.
    (3) The owner or operator may present in writing, within a time 
frame specified by the permitting authority, additional information, 
considerations, or amendments to the application before the permitting 
authority's issuance of a final disapproval.
    (4) The permitting authority will issue a preliminary approval or 
issue a disapproval of the application, taking into account additional 
information received from the owner or operator.
    (5) A determination to disapprove any application will be in writing 
and will specify the grounds on which the disapproval is based.
    (6) Approval of an applicant's proposed control technology must be 
set forth in a Notice of MACT Approval (or the equivalent) as described 
in Sec. 63.52(f).
    (c) Opportunity for public comment on Notice of MACT Approval. The 
permitting authority will provide opportunity for public comment on the 
preliminary Notice of MACT Approval prior to issuance, including, at a 
minimum,
    (1) Availability for public inspection in at least one location in 
the area affected of the information submitted by the owner or operator 
and of the permitting authority's tentative determination;
    (2) A period for submittal of public comment of at least 30 days; 
and
    (3) A notice by prominent advertisement in the area affected of the 
location of the source information and analysis specified in Sec. 
63.52(f). The form and content of the notice must be substantially 
equivalent to that found in Sec. 70.7 of this chapter.
    (4) An opportunity for a public hearing, if one is requested. The 
permitting authority will give at least 30 days notice in advance of any 
hearing.
    (d) Review by the EPA and affected States. The permitting authority 
must send copies of the preliminary notice (in time for comment) and 
final notice required by paragraph (c) of this section to the 
Administrator through the appropriate Regional Office, and to all other 
State and local air pollution control agencies having jurisdiction in 
affected States. The permitting authority must provide EPA with a review 
period for the final notice of at least 45 days and shall not issue a 
final Notice of MACT Approval until EPA objections are satisfied.
    (e) Compliance with MACT determinations. An owner or operator of a 
major source that is subject to a MACT determination must comply with 
notification, operation and maintenance, performance testing, 
monitoring, reporting, and recordkeeping requirements established under 
Sec. 63.52(h), under title V, and at the discretion of the permitting 
authority, under subpart A of this part. The permitting authority must 
provide the EPA with the opportunity to review compliance requirements 
for consistency with requirements established pursuant to title V during 
the review period under paragraph (d) of this section.
    (f) Equivalency under section 112(l). If a permitting authority 
requires preconstruction review for new source MACT determinations under 
this subpart, such requirement shall not necessitate a determination 
under subpart E of this part.

[59 FR 26449, May 20, 1994, as amended at 67 FR 16610, Apr. 5, 2002]



Sec. 63.55  Maximum achievable control technology (MACT) determinations for 

affected sources subject to case-by-case determination of equivalent emission 

limitations.

    (a) Requirements for permitting authorities. The permitting 
authority must determine whether the Sec. 63.53(a) Part 1 and Sec. 
63.53(b) Part 2 MACT application is complete or an application for a 
Notice of MACT Approval is approvable.

[[Page 104]]

In either case, when the application is complete or approvable, the 
permitting authority must establish hazardous air pollutant emissions 
limitations equivalent to the limitations that would apply if an 
emission standard had been issued in a timely manner under section 
112(d) or (h) of the Act. The permitting authority must establish these 
emissions limitations consistent with the following requirements and 
principles:
    (1) Emission limitations must be established for the equipment and 
activities within the affected sources within a source category or 
subcategory for which the section 112(j) deadline has passed.
    (2) Each emission limitation for an existing affected source must 
reflect the maximum degree of reduction in emissions of hazardous air 
pollutants (including a prohibition on such emissions, where achievable) 
that the permitting authority, taking into consideration the cost of 
achieving such emission reduction and any non-air quality health and 
environmental impacts and energy requirements, determines is achievable 
by affected sources in the category or subcategory for which the section 
112(j) deadline has passed. This limitation must not be less stringent 
than the MACT floor which must be established by the permitting 
authority according to the requirements of section 112(d)(3)(A) and (B) 
and must be based upon available information.
    (3) Each emission limitation for a new affected source must reflect 
the maximum degree of reduction in emissions of hazardous air pollutants 
(including a prohibition on such emissions, where achievable) that the 
permitting authority, taking into consideration the cost of achieving 
such emission reduction and any non-air quality health and environmental 
impacts and energy requirements, determines is achievable. This 
limitation must not be less stringent than the emission limitation 
achieved in practice by the best controlled similar source which must be 
established by the permitting authority according to the requirements of 
section 112(d)(3). This limitation must be based upon available 
information.
    (4) The permitting authority must select a specific design, 
equipment, work practice, or operational standard, or combination 
thereof, when it is not feasible to prescribe or enforce an equivalent 
emission limitation due to the nature of the process or pollutant. It is 
not feasible to prescribe or enforce a limitation when the Administrator 
determines that hazardous air pollutants cannot be emitted through a 
conveyance designed and constructed to capture such pollutant, or that 
any requirement for, or use of, such a conveyance would be inconsistent 
with any Federal, State, or local law, or the application of measurement 
methodology to a particular class of sources is not practicable due to 
technological and economic limitations.
    (5) Nothing in this subpart shall prevent a State or local 
permitting authority from establishing an emission limitation more 
stringent than required by Federal regulations.
    (b) Reporting to EPA. The owner or operator must submit additional 
copies of its Part 1 and Part 2 MACT application for a title V permit, 
permit revision, or Notice of MACT Approval, whichever is applicable, to 
the EPA at the same time the material is submitted to the permitting 
authority.

[67 FR 16610, Apr. 5, 2002]



Sec. 63.56  Requirements for case-by-case determination of equivalent emission 

limitations after promulgation of subsequent MACT standard.

    (a) If the Administrator promulgates a relevant emission standard 
that is applicable to one or more affected sources within a major source 
before the date a permit application under this paragraph (a) is 
approved, the title V permit must contain the promulgated standard 
rather than the emission limitation determined under Sec. 63.52, and 
the owner or operator must comply with the promulgated standard by the 
compliance date in the promulgated standard.
    (b) If the Administrator promulgates a relevant emission standard 
under section 112(d) or (h) of the Act that is applicable to a source 
after the date a permit is issued pursuant to Sec. 63.52 or Sec. 
63.54, the permitting authority must incorporate requirements of that

[[Page 105]]

standard in the title V permit upon its next renewal. The permitting 
authority must establish a compliance date in the revised permit that 
assures that the owner or operator must comply with the promulgated 
standard within a reasonable time, but not longer than 8 years after 
such standard is promulgated or 8 years after the date by which the 
owner or operator was first required to comply with the emission 
limitation established by the permit, whichever is earlier. However, in 
no event shall the period for compliance for existing sources be shorter 
than that provided for existing sources in the promulgated standard.
    (c) Notwithstanding the requirements of paragraph (a) or (b) of this 
section, the requirements of paragraphs (c)(1) and (2) of this section 
shall apply.
    (1) If the Administrator promulgates an emission standard under 
section 112(d) or (h) that is applicable to an affected source after the 
date a permit application under this paragraph is approved under Sec. 
63.52 or Sec. 63.54, the permitting authority is not required to change 
the emission limitation in the permit to reflect the promulgated 
standard if the permitting authority determines that the level of 
control required by the emission limitation in the permit is 
substantially as effective as that required by the promulgated standard 
pursuant to Sec. 63.1(e).
    (2) If the Administrator promulgates an emission standard under 
section 112(d) or (h) of the Act that is applicable to an affected 
source after the date a permit application is approved under Sec. 63.52 
or Sec. 63.54, and the level of control required by the promulgated 
standard is less stringent than the level of control required by any 
emission limitation in the prior MACT determination, the permitting 
authority is not required to incorporate any less stringent emission 
limitation of the promulgated standard in the title V permit and may in 
its discretion consider any more stringent provisions of the MACT 
determination to be applicable legal requirements when issuing or 
revising such a title V permit.



Sec. Table 1 to Subpart B of Part 63--Section 112(j) Part 2 Application 

                                Due Dates

------------------------------------------------------------------------
              Due date                           MACT standard
------------------------------------------------------------------------
10/30/03............................  Combustion Turbines.
                                      Lime Manufacturing.
                                      Site Remediation.
                                      Iron and Steel Foundries.
                                      Taconite Iron Ore Processing.
                                      Miscellaneous Organic Chemical
                                       Manufacturing (MON).\1\
                                      Organic Liquids Distribution.
                                      Primary Magnesium Refining.
                                      Metal Can (Surface Coating).
                                      Plastic Parts and Products
                                       (Surface Coating).
                                      Chlorine Production.
                                      Miscellaneous Metal Parts and
                                       Products (Surface Coating) (and
                                       Asphalt/Coal Tar Application--
                                       Metal Pipes).\2\
4/28/04.............................  Industrial Boilers, Institutional/
                                       Commercial Boilers and Process
                                       Heaters.\3\
                                      Plywood and Composite Wood
                                       Products.
                                      Reciprocating Internal Combustion
                                       Engines.\4\
                                      Auto and Light-Duty Truck (Surface
                                       Coating).
11/14/05............................  Industrial Boilers, Institutional/
                                       Commercial Boilers, and Process
                                       Heaters.\5\
                                      Hydrochloric Acid Production.\6\
------------------------------------------------------------------------
\1\ Covers 23 source categories, see Table 2 to this subpart.
\2\ Two source categories.
\3\ Includes all sources in the three categories, Industrial Boilers,
  Institutional/Commercial Boilers, and Process Heaters that burn no
  hazardous waste.
\4\ Includes engines greater than 500 brake horsepower.
\5\ Includes all sources in the three categories, Industrial Boilers,
  Institutional/Commercial Boilers, and Process Heaters that burn
  hazardous waste.
\6\ Includes furnaces that produce acid from hazardous waste at sources
  in the category Hydrochloric Acid Production.


[68 FR 32603, May 30, 2003, as amended at 70 FR 39664, July 11, 2005]



       Sec. Table 2 to Subpart B of Part 63--MON Source Categories

Manufacture of Paints, Coatings, and Adhesives.
Alkyd Resins Production.
Maleic Anhydride Copolymers Production.
Polyester Resins Production.
Polymerized Vinylidene Chloride Production.
Polymethyl Methacrylate Resins Production.
Polyvinyl Acetate Emulsions Production.
Polyvinyl Alcohol Production.
Polyvinyl Butyral Production.
Ammonium Sulfate Production-Caprolactam By-Product Plants.
Quaternary Ammonium Compounds Production.
Benzyltrimethylammonium Chloride Production.
Carbonyl Sulfide Production.
Chelating Agents Production.
Chlorinated Paraffins Production.
Ethylidene Norbornene Production.

[[Page 106]]

Explosives Production.
Hydrazine Production.
OBPA/1,3-Diisocyanate Production.
Photographic Chemicals Production.
Phthalate Plasticizers Production.
Rubber Chemicals Manufacturing.
Symmetrical Tetrachloropyridine Production.

[68 FR 32603, May 30, 2003]



 Subpart C_List of Hazardous Air Pollutants, Petitions Process, Lesser 

               Quantity Designations, Source Category List



Sec. 63.60  Deletion of caprolactam from the list of hazardous air pollutants.

    The substance caprolactam (CAS number 105602) is deleted from the 
list of hazardous air pollutants established by 42 U.S.C. 7412(b)(1).

[61 FR 30823, June 18, 1996]



Sec. 63.61  Deletion of methyl ethyl ketone from the list of hazardous air 

pollutants.

    The substance methyl ethyl ketone (MEK, 2-Butanone) (CAS Number 78-
93-3) is deleted from the list of hazardous air pollutants established 
by 42 U.S.C. 7412(b)(1).

[70 FR 75059, Dec. 19, 2005]



Sec. 63.62  Redefinition of glycol ethers listed as hazardous air pollutants.

    The following definition of the glycol ethers category of hazardous 
air pollutants applies instead of the definition set forth in 42 U.S.C. 
7412(b)(1), footnote 2: Glycol ethers include mono- and di-ethers of 
ethylene glycol, diethylene glycol, and triethylene glycol R-
(OCH2CH2)n-OR'.

Where:

n = 1, 2, or 3;
R = alkyl C7 or less; or
R = phenyl or alkyl substituted phenyl;
R'= H or alkyl C7 or less; or
OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or 
          sulfonate.

[65 FR 47348, Aug. 2, 2000]



Sec. 63.63  Deletion of ethylene glycol monobutyl ether from the list of 

hazardous air pollutants.

    The substance ethylene glycol monobutyl ether (EGBE,2-Butoxyethanol) 
(CAS Number 111-76-2) is deleted from the list of hazardous air 
pollutants established by 42 U.S.C. 7412(b)(1).

[69 FR 69325, Nov. 29, 2004]



Sec. Sec. 63.64-63.69  [Reserved]



    Subpart D_Regulations Governing Compliance Extensions for Early 

                 Reductions of Hazardous Air Pollutants



Sec. 63.70  Applicability.

    The provisions of this subpart apply to an owner or operator of an 
existing source who wishes to obtain a compliance extension from a 
standard issued under section 112(d) of the Act. The provisions of this 
subpart also apply to a State or local agency acting pursuant to a 
permit program approved under title V of the Act. The Administrator will 
carry out the provisions of this subpart for any State that does not 
have an approved permit program.



Sec. 63.71  Definitions.

    All terms used in this subpart not defined in this section are given 
the same meaning as in the Act.
    Act means the Clean Air Act as amended.
    Actual emissions means the actual rate of emissions of a pollutant, 
but does not include excess emissions from a malfunction, or startups 
and shutdowns associated with a malfunction. Actual emissions shall be 
calculated using the source's actual operating rates, and types of 
materials processed, stored, or combusted during the selected time 
period.
    Artificially or substantially greater emissions means abnormally 
high emissions such as could be caused by equipment malfunctions, 
accidents, unusually high production or operating rates compared to 
historical rates, or other unusual circumstances.
    EPA conditional method means any method of sampling and analyzing 
for air pollutants that has been validated by the Administrator but that 
has not been published as an EPA Reference Method.
    EPA reference method means any method of sampling and analyzing for

[[Page 107]]

an air pollutant as described in appendix A of part 60 of this chapter, 
appendix B of part 61 of this chapter, or appendix A of part 63.
    Equipment leaks means leaks from pumps, compressors, pressure relief 
devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, agitators, accumulator vessels, and instrumentation 
systems in hazardous air pollutant service.
    Existing source means any source as defined in Sec. 63.72, the 
construction or reconstruction of which commenced prior to proposal of 
an applicable section 112(d) standard.
    Hazardous air pollutant (HAP) means any air pollutant listed 
pursuant to section 112(b) of the Act.
    High-risk pollutant means a hazardous air pollutant listed in Table 
1 of Sec. 63.74.
    Malfunction means any sudden failure of air pollution control 
equipment or process equipment or of a process to operate in a normal or 
usual manner. Failures that are caused entirely or in part by poor 
maintenance, careless operation, or any other preventable upset 
condition or preventable equipment breakdown shall not be considered 
malfunctions.
    Not feasible to prescribe or enforce a numerical emission limitation 
means a situation in which the Administrator or a State determines that 
a pollutant (or stream of pollutants) listed pursuant to section 112(b) 
of the Act cannot be emitted through a conveyance designed and 
constructed to emit or capture such pollutant, or that any requirement 
for, or use of, such a conveyance would be inconsistent with any Federal 
law; or the application of measurement technology to a particular source 
is not practicable due to technological or economic limitations.
    Permitting authority means either a State agency with an approved 
permitting program under Title V of the Act or the Administrator in 
cases where the State does not have an approved permitting program.
    Post-reduction year means the one year period beginning with the 
date early reductions have to be achieved to qualify for a compliance 
extension under subpart D of this part, unless a source has established 
with the permitting authority an earlier one year period as the post-
reduction year. For most sources, the post-reduction year would begin 
with the date of proposal of the first section 112(d) standard 
applicable to the early reductions source; however, for sources that 
have made enforceable commitments, it would be the year from January 1, 
1994, through December 31, 1994.
    Responsible official means one of the following:
    (1) For a corporation, a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy- or decision-making 
functions for the corporation; or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representative is approved 
in advance by the permitting authority.
    (2) For a partnership or sole proprietorship, a general partner or 
the proprietor, respectively.
    (3) For a municipality, State, Federal, or other public agency, 
either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., Regional Administrators of EPA).
    Reviewing agency means a State agency with an approved permitting 
program under Title V of the Act. An EPA Regional Office is the 
reviewing agency where the State does not have such an approved 
permitting program.
    State means a State or local air pollution control agency.

[57 FR 61992, Dec. 29, 1992, as amended at 59 FR 59924, Nov. 21, 1994]

[[Page 108]]



Sec. 63.72  General provisions for compliance extensions.

    (a) Except as provided in paragraph (f) of this section, a 
permitting authority acting pursuant to a permitting program approved 
under Title V of the Act shall by permit allow an existing source to 
meet an alternative emission limitation in lieu of an emission 
limitation promulgated under section 112(d) of the Act for a period of 6 
years from the compliance date of the otherwise applicable standard 
provided the source owner or operator demonstrates:
    (1) According to the requirements of Sec. 63.74 that the source has 
achieved a reduction of 90 percent (95 percent or more in the case of 
hazardous air pollutants which are particulates) in emissions of:
    (i) Total hazardous air pollutants from the source;
    (ii) Total hazardous air pollutants from the source as adjusted for 
high-risk pollutant weighting factors, if applicable.
    (2) That such reduction was achieved before proposal of an 
applicable standard or, for sources eligible to qualify for an 
alternative emission limitation as specified in paragraph (c) of this 
section, before January 1, 1994.
    (b) A source granted an alternative emission limitation shall comply 
with an applicable standard issued under section 112(d) of the Act 
immediately upon expiration of the six year compliance extension period 
specified in paragraph (a) of this section.
    (c) An existing source that achieves the reduction specified in 
paragraph (a)(1) of this section after proposal of an applicable section 
112(d) standard but before January 1, 1994, may qualify for an 
alternative emission limitation under paragraph (a) of this section if 
the source makes an enforceable commitment, prior to proposal of the 
applicable standard, to achieve such reduction. The enforceable 
commitment shall be made according to the procedures and requirements of 
Sec. 63.75.
    (d) For each permit issued to a source under paragraph (a) of this 
section, there shall be established as part of the permit an enforceable 
alternative emission limitation for hazardous air pollutants reflecting 
the reduction which qualified the source for the alternative emission 
limitation.
    (e) An alternative emission limitation shall not be available with 
respect to standards or requirements promulgated to provide an ample 
margin of safety to protect public health pursuant to section 112(f) of 
the Act, and the Administrator will, for the purpose of determining 
whether a standard under section 112(f) of the Act is necessary, review 
emissions from sources granted an alternative emission limitation under 
this subpart at the same time that other sources in the category or 
subcategory are reviewed.
    (f) Nothing in this subpart shall preclude a State from requiring 
hazardous air pollutant reductions in excess of 90 percent (95 percent 
in the case of particulate hazardous air pollutants) as a condition of 
such State granting an alternative emission limitation authorized in 
paragraph (a) of this section.



Sec. 63.73  Source.

    (a) An alternative emission limitation may be granted under this 
subpart to an existing source. For the purposes of this subpart only, a 
source is defined as follows:
    (1) A building structure, facility, or installation identified as a 
source by the EPA in appendix B of this part;
    (2) All portions of an entire contiguous plant site under common 
ownership or control that emit hazardous air pollutants;
    (3) Any portion of an entire contiguous plant site under common 
ownership or control that emits hazardous air pollutants and can be 
identified as a facility, building, structure, or installation for the 
purposes of establishing standards under section 112(d) of the Act; or
    (4) Any individual emission point or combination of emission points 
within a contiguous plant site under common control, provided that 
emission reduction from such point or aggregation of points constitutes 
a significant reduction of hazardous air pollutant emissions of the 
entire contiguous plant site.
    (b) For purposes of paragraph (a)(4) of this section, emissions 
reductions are considered significant if they are made

[[Page 109]]

from base year emissions of not less than:
    (1) A total of 10 tons per year of hazardous air pollutants where 
the total emissions of hazardous air pollutants in the base year from 
the entire contiguous plant site is greater than 25 tons per; or
    (2) A total of 5 tons per year of hazardous air pollutants where the 
total emissions of hazardous air pollutants in the base year from the 
entire contiguous plant site is less than or equal to 25 tons per year.



Sec. 63.74  Demonstration of early reduction.

    (a) An owner or operator applying for an alternative emission 
limitation shall demonstrate achieving early reductions as required by 
Sec. 63.72(a)(1) by following the procedures in this section.
    (b) An owner or operator shall establish the source for the purposes 
of this subpart by documenting the following information:
    (1) A description of the source including: a site plan of the entire 
contiguous plant site under common control which contains the source, 
markings on the site plan locating the parts of the site that constitute 
the source, and the activity at the source which causes hazardous air 
pollutant emissions;
    (2) A complete list of all emission points of hazardous air 
pollutants in the source, including identification numbers and short 
descriptive titles; and
    (3) A statement showing that the source conforms to one of the 
allowable definition options from Sec. 63.73. For a source conforming 
to the option in Sec. 63.73(a)(4), the total base year emissions from 
the source, as determined pursuant to this section, shall be 
demonstrated to be at least:
    (i) 5 tons per year, for cases in which total hazardous air 
pollutant emissions from the entire contiguous plant site under common 
control are 25 tons per year or less as calculated under paragraph (1) 
of this section; or
    (ii) 10 tons per year in all other cases.
    (c) An owner or operator shall establish base year emissions for the 
source by providing the following information:
    (1) The base year chosen, where the base year shall be 1987 or later 
except that the base year may be 1985 or 1986 if the owner or operator 
of the source can demonstrate that emission data for the source for 1985 
or 1986 was submitted to the Administrator pursuant to an information 
request issued under section 114 of the Act and was received by the 
Administrator prior to November 15, 1990;
    (2) The best available data accounting for actual emissions, during 
the base year, of all hazardous air pollutants from each emission point 
listed in the source in paragraph (b)(2) of this section;
    (3) The supporting basis for each emission number provided in 
paragraph (c)(2) of this section including:
    (i) For test results submitted as the supporting basis, a 
description of the test protocol followed, any problems encountered 
during the testing, and a discussion of the validity of the method for 
measuring the subject emissions; and
    (ii) For calculations based on emission factors, material balance, 
or engineering principles and submitted as the supporting basis, a step-
by-step description of the calculations, including assumptions used and 
their bases, and a brief rationale for the validity of the calculation 
method used; and
    (4) Evidence that the emissions provided under paragraph (c)(2) of 
this section are not artificially or substantially greater than 
emissions in other years prior to implementation of emission reduction 
measures.
    (d) An owner or operator shall establish post-reduction emissions by 
providing the following information:
    (1) For the emission points listed in the source in paragraph (b)(2) 
of this section, a description of all control measures employed to 
achieve the emission reduction required by Sec. 63.72(a)(1);
    (2) The best available data accounting for actual emissions, during 
the year following the applicable emission reduction deadline as 
specified in Sec. 63.72(a)(2), of all hazardous air pollutants from 
each emission point in the source listed pursuant to paragraph (b)(2) of 
this section.

[[Page 110]]

    (3) The supporting basis for each emission number provided in 
paragraph (d)(2) of this section including:
    (i) For test results submitted as the supporting basis, a 
description of the test protocol followed, any problems encountered 
during the testing, and a discussion of the validity of the method for 
measuring the subject emissions; and
    (ii) For calculations based on emission factors, material balance, 
or engineering principles and submitted as the supporting basis, a step-
by-step description of the calculations, including assumptions used and 
their bases, and a brief rationale for the validity of the calculation 
method used;
    (4) [Reserved]
    (5) Evidence that there was no increase in radionuclide emissions 
from the source.
    (e)(1) An owner or operator shall demonstrate that both total base 
year emissions and total base year emissions adjusted for high-risk 
pollutants, as applicable, have been reduced by at least 90 percent for 
gaseous hazardous air pollutants emitted and 95 percent for particulate 
hazardous air pollutants emitted by determining the following for 
gaseous and particulate emissions separately:
    (i) Total base year emissions, calculated by summing all base year 
emission data from paragraph (c)(2) of this section;
    (ii) Total post-reduction emissions, calculated by summing all post-
reduction emission data from paragraph (d)(2) of this section;
    (iii) (If applicable) Total base year emissions adjusted for high-
risk pollutants, calculated by multiplying each emission number for a 
pollutant from paragraph (c)(2) of this section by the appropriate 
weighting factor for the pollutant from Table 1 in paragraph (f) of this 
section and then summing all weighted emission data;
    (iv) (If applicable) Total post-reduction emissions adjusted for 
high-risk pollutants, calculated by multiplying each emission number for 
a pollutant from paragraph (d)(2) of this section by the appropriate 
weighting factor for the pollutant from Table 1 and then summing all 
weighted emission data; and
    (v) Percent reductions, calculated by dividing the difference 
between base year and post-reduction emissions by the base year 
emissions. Separate demonstrations are required for total gaseous and 
particulate emissions, and total gaseous and particulate emissions 
adjusted for high-risk pollutants.
    (2) If any points in the source emit both particulate and gaseous 
pollutants, as an alternative to the demonstration required in paragraph 
(e)(1) of this section, an owner or operator may demonstrate:
    (i) A weighted average percent reduction for all points emitting 
both particulate and gaseous pollutants where the weighted average 
percent reduction is determined by
[GRAPHIC] [TIFF OMITTED] TC21OC91.019

where %W=the required weighted percent reduction
[Sigma] Mg=the total mass rate (e.g., kg/yr) of all gaseous 
          emissions
[Sigma] Mp=the total mass rate of all particulate emissions 
          and,

    (ii) The reductions required in paragraph (e)(1) of this section for 
all other points in the source.
    (f) If lower rates or hours are used to achieve all or part of the 
emission reduction, any hazardous air pollutant emissions that occur 
from a compensating increase in rates or hours from the same activity 
elsewhere within the plant site which contains the source shall be 
counted in the post-reduction emissions from the source. If emission 
reductions are achieved by shutting down process equipment and the 
shutdown equipment is restarted or replaced anywhere within the plant 
site, any hazardous air pollutant emissions from the restarted or 
replacement equipment shall be counted in the post-reduction emissions 
for the source.

                  Table 1--List of High-Risk Pollutants
------------------------------------------------------------------------
                                                               Weighting
           CAS No.                       Chemical               factor
------------------------------------------------------------------------
53963.......................  2-Acetylaminofluorene.........         100
107028......................  Acrolein......................         100
79061.......................  Acrylamide....................          10
107131......................  Acrylonitrile.................          10
0...........................  Arsenic compounds.............         100
1332214.....................  Asbestos......................         100

[[Page 111]]

 
71432.......................  Benzene.......................          10
92875.......................  Benzidine.....................        1000
0...........................  Beryllium compounds...........          10
542881......................  Bis(chloromethyl) ether.......        1000
106990......................  1,3-Butadiene.................          10
0...........................  Cadmium compounds.............          10
57749.......................  Chlordane.....................         100
532274......................  2-Chloroacetophenone..........         100
0...........................  Chromium compounds............         100
107302......................  Chloromethyl methyl ether.....          10
0...........................  Coke oven emissions...........          10
334883......................  Diazomethane..................          10
132649......................  Dibenzofuran..................          10
96128.......................  1,2-Dibromo-3-chloropropane...          10
111444......................  Dichloroethyl ether (Bis(2-             10
                               chloroethyl) ether).
79447.......................  Dimethylcarbamoyl chloride....         100
122667......................  1,2-Diphenylhydrazine.........          10
106934......................  Ethylene dibromide............          10
151564......................  Ethylenimine (Aziridine)......         100
75218.......................  Ethylene oxide................          10
76448.......................  Heptachlor....................         100
118741......................  Hexachlorobenezene............         100
77474.......................  Hexachlorocyclopentadiene.....          10
302012......................  Hydrazine.....................         100
0...........................  Manganese compounds...........          10
0...........................  Mercury compounds.............         100
60344.......................  Methyl hydrazine..............          10
624839......................  Methyl isocyanate.............          10
0...........................  Nickel compounds..............          10
62759.......................  N-Nitrosodimethylamine........         100
684935......................  N-Nitroso-N-methylurea........        1000
56382.......................  Parathion.....................          10
75445.......................  Phosgene......................          10
7803512.....................  Phosphine.....................          10
7723140.....................  Phosphorus....................          10
75558.......................  1,2-Propylenimine.............         100
1746016.....................  2,3,7,8-Tetrachlorodibenzo-p-      100,000
                               dioxin.
8001352.....................  Toxaphene (chlorinated                 100
                               camphene).
75014.......................  Vinyl chloride................          10
------------------------------------------------------------------------

    (g) The best available data representing actual emissions for the 
purpose of establishing base year or post-reduction emissions under this 
section shall consist of documented results from source tests using an 
EPA Reference Method, EPA Conditional Method, or the owner's or 
operator's source test method which has been validated pursuant to 
Method 301 of appendix A of this part. However, if one of the following 
conditions exists, an owner or operator may submit, in lieu of results 
from source tests, calculations based on engineering principles, 
emission factors, or material balance data as actual emission data for 
establishing base year or post-reduction emissions:
    (1) No applicable EPA Reference Method, EPA Conditional Method, or 
other source test method exists;
    (2) It is not technologically or economically feasible to perform 
source tests;
    (3) It can be demonstrated to the satisfaction of the reviewing 
agency that the calculations will provide emission estimates of accuracy 
comparable to that of any applicable source test method;
    (4) For base year emission estimates only, the base year conditions 
no longer exist at an emission point in the source and emission data 
could not be produced for such an emission point, by performing source 
tests under currently existing conditions and converting the test 
results to reflect base year conditions, that is more accurate than an 
estimate produced by using engineering principles, emission factors, or 
a material balance; or
    (5) The emissions from one or a set of emission points in the source 
are small compared to total source emissions and potential errors in 
establishing emissions from such points will not have a significant 
effect on the accuracy of total emissions established for the source.
    (h) For base year or post-reduction emissions established under this 
section that are not supported by source test data, the source owner or 
operator shall include the reason source testing was not performed.
    (i) [Reserved]
    (j) The EPA average emission factors for equipment leaks cannot be 
used under this subpart to establish base year emissions for equipment 
leak sources, unless the base year emission number calculated using the 
EPA average emission factors for equipment leaks also is used as the 
post-reduction emission number for equipment leaks from the source.
    (k) A source owner or operator shall not establish base year or 
post-reduction emissions that include any emissions from the source 
exceeding allowable emission levels specified in any applicable law, 
regulation, or permit condition.
    (l) For sources subject to paragraph (b)(3)(i) of this section, an 
owner or operator shall document total base year emissions from an 
entire contiguous plant site under common control by providing the 
information required

[[Page 112]]

pursuant to paragraphs (b)(2), (c)(2), and (e)(1)(i) of this section for 
all hazardous air pollutants from all emission points in the contiguous 
plant site under common control.
    (m) If a new pollutant is added to the list of hazardous air 
pollutants or high-risk pollutants, any source emitting such pollutant 
will not be required to revise an early reduction demonstration pursuant 
to this section if:
    (1) Alternative emission limits have previously been specified by 
permit for the source as provided for in Sec. 63.72(a); or
    (2) The base year emissions submitted in an enforceable commitment 
have previously been approved by the reviewing agency.

[57 FR 61992, Dec. 29, 1992, as amended at 58 FR 62543, Nov. 29, 1993; 
59 FR 53110, Oct. 21, 1994]



Sec. 63.75  Enforceable commitments.

    (a) To make an enforceable commitment an owner or operator shall 
submit a commitment to achieve the early reductions required under Sec. 
63.72(a)(1) to the appropriate EPA Regional Office and a copy of the 
commitment to the appropriate State, except that the commitment shall be 
submitted to the State and a copy to the EPA Regional Office if the 
State has an approved permitting program under Title V of the Act. A 
copy shall also be submitted to both the EPA Stationary Source 
Compliance Division (EN-341W), 1200 Pennsylvania Ave., NW., Washington, 
DC 20460 and the EPA Emission Standards Division (MD-13), Research 
Triangle Park, NC 27711; attention both to the Early Reductions Officer. 
The commitment shall contain:
    (1) The name and address of the source;
    (2) The name and telephone number of the source owner or operator or 
other responsible official who can be contacted concerning the 
commitment;
    (3) An alternative mailing address if correspondence is to be 
directed to a location other than that given in paragraph (a)(1) of this 
section;
    (4) All information specified in Sec. 63.74(b), (c) and (e)(1)(i), 
which defines and describes the source and establishes the base year 
hazardous air pollutant emissions from the source;
    (5) The general plan for achieving the required hazardous air 
pollutant emissions reductions at the source including descriptions of 
emission control equipment to be employed, process changes or 
modifications to be made, and any other emission reduction measures to 
be used; and
    (6) A statement of commitment, signed by a responsible official of 
the source, containing the following:
    (i) A statement providing the post-reduction emission levels for 
total hazardous air pollutants and high-risk pollutants, as applicable, 
from the source on an annual basis which reflect a 90 percent (95 
percent for particulate pollutants) reduction from base year emissions;
    (ii) A statement certifying that the base year emission data 
submitted as part of the enforceable commitment constitute the best 
available data for base year emissions from the source, are correct to 
the best of the responsible official's knowledge, and are within 
allowable levels specified in any applicable law, regulation, or permit;
    (iii) A statement that it is understood by the source owner or 
operator that submission of base year emissions constitutes a response 
to an EPA request under the authority of section 114 of the Act and that 
the commitment is subject to enforcement according to Sec. 63.80; and
    (iv) A statement committing the source owner or operator to 
achieving the emission levels, listed in paragraph (a)(6), (i) of this 
section, at the source before January 1, 1994.
    (b) The following language may be used to satisfy the requirements 
of paragraphs (a)(6)(ii) through (a)(6)(iv) of this section:

    I certify to the best of my knowledge that the base year emissions 
given above are correct and constitute the best available data for base 
year emissions from the source, and acknowledge that these estimates are 
being submitted in response to an EPA request under section 114 of the 
Act. I further certify that the base year emissions provided for all 
emission points in the source do not exceed allowable emission levels 
specified in any applicable law, regulation, or permit condition. I 
commit to achieve before January 1, 1994, the stated post-reduction 
emission level(s) at the source, which will provide the 90 (95) percent 
reduction required to qualify for the

[[Page 113]]

compliance extension, and acknowledge that this commitment is 
enforceable as specified in title 40, part 63, subpart D, of the Code of 
Federal Regulations.

    (c) A commitment for a source shall be submitted prior to proposal 
of an applicable standard issued under section 112(d) of the Act. 
Commitments received after the proposal date shall be void.
    (d) If test results for one or more emission points in a source are 
required to support base year emissions in an enforceable commitment but 
are not available prior to proposal of an applicable standard issued 
under section 112(d) of the Act, the test results may be submitted after 
the enforceable commitment is made but no later than 180 days after 
proposal of an applicable standard. In such cases, the enforceable 
commitment shall contain the best substitute emission data for the 
points in the source for which test results will be submitted later.
    (e) An owner or operator may rescind such a commitment prior to 
December 1, 1993 without penalty and forfeit the opportunity to obtain a 
six year compliance extension under this subpart.
    (f) An enforceable commitment submitted under this section shall not 
be in effect and enforceable until the base year emissions contained in 
the commitment have been approved according to the procedures in Sec. 
63.76. An owner or operator is under no obligation to continue to seek 
approval of commitments that have not been approved by December 1, 1993.
    (g) The control measure information required under Sec. 63.74(d)(1) 
as part of post-reduction emission documentation and submitted in a 
permit application according to the provisions of Sec. 63.77 shall 
become part of an existing enforceable commitment upon receipt of the 
permit application by the permitting authority. An owner or operator 
shall notify the permitting authority of any change made to the source 
during calendar year 1994 which affects such control measure information 
and shall mail the notice within 5 days (postmark date) of making the 
change. The notice shall be considered an amendment to the source's 
enforceable commitment.

[57 FR 61992, Dec. 29, 1992, as amended at 58 FR 34370, June 25, 1993; 
58 FR 62543, Nov. 29, 1993; 59 FR 59924, Nov. 21, 1994]



Sec. 63.76  Review of base year emissions.

    (a) Pursuant to the procedures of this section, the appropriate 
reviewing agency shall review and approve or disapprove base year 
emission data submitted in an enforceable commitment under Sec. 63.75 
or in a request letter from an applicant that wishes to participate in 
the early reduction program but who is not required to submit an 
enforceable commitment. For review requests submitted to a State agency 
as the appropriate reviewing agency, a copy of the request also shall be 
submitted to the applicable EPA Regional Office. For review requests 
submitted to the EPA Regional Office as the appropriate reviewing 
agency, a copy of the request also shall be sent to the applicable State 
agency. Copies also shall be submitted to the EPA Stationary Source 
Compliance Division (EN-341W), 1200 Pennsylvania Ave., NW., Washington, 
DC 20460 and the EPA Emission Standards Division (MD-13), Research 
Triangle Park, NC 27711; to the attention of the Early Reductions 
Officer.
    (b) Within 30 days of receipt of an enforceable commitment or base 
year emission data, the reviewing agency shall advise the applicant 
that:
    (1) The base year emission data are complete as submitted; or
    (2) The base year emission data are not complete and include a list 
of deficiencies that must be corrected before review can proceed.
    (c) EPA will publish a notice in the Federal Register which contains 
a list, accumulated for the previous month, of the sources for which 
complete base year emission data have been submitted and which are 
undergoing review either in the EPA Regional Office or a State agency 
within the EPA region. The notice will contain the name and location of 
each source and a contract in the EPA Regional Office for additional 
information.
    (d) Within 60 days of a determination that a base year emission data 
submission is complete, the reviewing agency

[[Page 114]]

shall evaluate the adequacy of the submission with respect to the 
requirements of Sec. 63.74 (b) and (c) and either:
    (1) Determine to approve the submission and publish a notice in a 
newspaper of general circulation in the area where the source is located 
or in a State publication designed to give general public notice, 
providing the aggregate base year emission data for the source and the 
rationale for the proposed approval, noting the availability of the 
nonconfidential information contained in the submission for public 
inspection in at least one location in the community in which the source 
is located, providing for a public hearing upon request by an interested 
party, and establishing a 30 day public comment period that can be 
extended to 60 days upon request by an interested party; or
    (2) Determine to disapprove the base year emission data and give 
notice to the applicant of the reasons for the disapproval. An applicant 
may correct disapproved base year data and submit revised data for 
review in accordance with this subsection, except that the review of a 
revision shall be accomplished within 30 days.
    (e) If no adverse public comments are received by the reviewing 
agency on proposed base year data for a source, the data shall be 
considered approved at the close of the public comment period and a 
notice of the approval shall be sent to the applicant and published by 
the reviewing agency by advertisement in the area affected.
    (f) If adverse comments are received and the reviewing agency agrees 
that corrections are needed, the reviewing agency shall give notice to 
the applicant of the disapproval and reasons for the disapproval. An 
applicant may correct disapproved base year emission data and submit 
revised emission data. If a revision is submitted by the applicant that, 
to the satisfaction of the reviewing agency, takes into account the 
adverse comments, the reviewing agency will publish by advertisement in 
the area affected a notice containing the approved base year emission 
data for the source and send notice of the approval to the applicant.
    (g) If adverse comments are received and the reviewing agency 
determines that the comments do not warrant changes to the base year 
emission data, the reviewing agency will publish by advertisement in the 
area affected a notice containing the approved base year emission data 
for the source and the reasons for not accepting the adverse comments. A 
notice of the approval also shall be sent to the applicant.
    (h) If an applicant submits revised emission data under paragraph 
(d)(2) or (f) of this section for a source subject to an enforceable 
commitment, the applicant also shall submit an amended enforceable 
commitment which takes into account the revised base year emissions.
    (i) If revised base year emission data are not submitted or notice 
of intent to submit revised data is not provided to the permitting 
authority by an applicant within 90 days of receiving adverse comments 
or a notice of disapproved base year emission data for a source that is 
subject to an enforceable commitment, the enforceable commitment shall 
be considered withdrawn and a notice to that effect shall be sent by the 
reviewing agency to the applicant.



Sec. 63.77  Application procedures.

    (a) To apply for an alternative emission limitation under Sec. 
63.72, an owner or operator of the source shall file a permit 
application with the appropriate permitting authority.
    (b) Except as provided in paragraph (e) of this section, the permit 
application shall contain the information required by Sec. 63.74, as 
applicable, and the additional information required for a complete 
permit application as specified by the applicable permit program 
established pursuant to title V of the Act.
    (c) Permit applications under this section for sources not subject 
to enforceable commitments shall be submitted by the later of the 
following dates:
    (1) 120 days after proposal of an otherwise applicable standard 
issued under section 112(d) of the Act; or
    (2) 120 days after the date an applicable permit program is approved 
or established pursuant to title V of the Act.

[[Page 115]]

    (d) Permit applications for sources subject to enforceable 
commitments pursuant to Sec. 63.75 shall be submitted no later than 
April 30, 1994.
    (e) If the post-reduction year does not end at least one month 
before the permit application deadline under paragraph (c) of this 
section, the source may file the post-reduction emissions information 
required under Sec. 63.74(d)(2), (d)(3), and (d)(5) later as a 
supplement to the original permit application. In such cases, this 
supplemental information shall be submitted to the permitting authority 
no later than one month after the end of the post-reduction year.
    (f) If a source test will be the supporting basis for establishing 
post-reduction emissions for one or more emissions units in the early 
reductions source, the test results shall be submitted by the applicable 
deadline for submittal of a permit application as specified in paragraph 
(c) or (d) of this section.
    (g) Review and disposition of permit applications submitted under 
this section will be accomplished according to the provisions of the 
applicable permit program established pursuant to title V of the Act.

[58 FR 62543, Nov. 29, 1993, as amended at 59 FR 59924, Nov. 21, 1994]



Sec. 63.78  Early reduction demonstration evaluation.

    (a) The permitting authority will evaluate an early reduction 
demonstration submitted by the source owner or operator in a permit 
application with respect to the requirements of Sec. 63.74.
    (b) An application for a compliance extension may be denied if, in 
the judgement of the permitting authority, the owner or operator has 
failed to demonstrate that the requirements of Sec. 63.74 have been 
met. Specific reasons for denial include, but are not limited to:
    (1) The information supplied by the owner or operator is incomplete;
    (2) The required 90 percent reduction (95 percent in cases where the 
hazardous air pollutant is particulate matter) has not been 
demonstrated;
    (3) The base year or post-reduction emissions are incorrect, based 
on methods or assumptions that are not valid, or not sufficiently 
reliable or well documented to determine with reasonable certainty that 
required reductions have been achieved; or
    (4) The emission of hazardous air pollutants or the performance of 
emission control measures is unreliable so as to preclude determination 
that the required reductions have been achieved or will continue to be 
achieved during the extension period.



Sec. 63.79  Approval of applications.

    (a) If an early reduction demonstration is approved and other 
requirements for a complete permit application are met, the permitting 
authority shall establish by a permit issued pursuant to title V of the 
Act enforceable alternative emissions limitations for the source 
reflecting the reduction which qualified the source for the extension. 
However, if it is not feasible to prescribe a numerical emissions 
limitation for one or more emission points in the source, the permitting 
authority shall establish such other requirements, reflecting the 
reduction which qualified the source for an extension, in order to 
assure the source achieves the 90 percent or 95 percent reduction, as 
applicable.
    (b) An alternative emissions limitation or other requirement 
prescribed pursuant to paragraph (a) of this section shall be effective 
and enforceable immediately upon issuance of the permit for the source 
and shall expire exactly six years after the compliance date of an 
otherwise applicable standard issued pursuant to section 112(d) of the 
Act.



Sec. 63.80  Enforcement.

    (a) All base year or post-reduction emissions information described 
in Sec. 63.74 and required to be submitted as part of a permit 
application under Sec. 63.77 or an enforceable commitment under Sec. 
63.75 shall be considered to have been requested by the Administrator 
under the authority of section 114 of the Act.
    (b) Fraudulent statements contained in any base year or post-
reduction emissions submitted to a State or EPA Regional Office under 
this subpart shall be considered violations of section 114 of the Act 
and of this subpart

[[Page 116]]

and, thus, actionable under section 113 of the Act and can be 
considered, in appropriate cases, violations of 18 U.S.C. 1001, the 
general false swearing provision of the United States Code.
    (c) If a source subject to an enforceable commitment fails to 
achieve reductions before January 1, 1994, sufficient to qualify the 
source for an extension under this subpart, the source shall be 
considered to be in violation of the commitment and shall be subject to 
enforcement action under section 113 of the Act.
    (d) If an early reduction demonstration in a permit application 
filed under Sec. 63.77 is disapproved for a source not subject to an 
enforceable commitment, the owner or operator shall comply with an 
applicable standard issued under section 112(d) of the Act by the 
compliance date specified in such standard.
    (e) If an early reduction demonstration in a permit application 
filed under Sec. 63.77 is disapproved for a source that is subject to 
an enforceable commitment, the owner or operator shall comply with an 
applicable standard issued under section 112(d) of the Act by the 
compliance date specified in such standard and will be subject to 
enforcement action under section 113 of the Act.
    (f) A violation of an alternative emission limitation or other 
requirement established by permit under Sec. 63.79 (a) or (b) for the 
source is enforceable pursuant to the authority of section 113 of the 
Act notwithstanding any demonstration of continuing 90 percent (95 
percent for hazardous air pollutants which are particulates) emission 
reduction over the entire source.



Sec. 63.81  Rules for special situations.

    (a) If more than one standard issued under section 112(d) of the Act 
would be applicable to a source as defined under Sec. 63.73, then the 
date of proposal referred to in Sec. Sec. 63.72(a)(2), 63.72(c), 
63.74(d)(4), 63.75(c), and 63.77(c) is the date the first applicable 
standard is proposed.
    (b) Sources emitting radionuclides are not required to reduce 
radionuclides by 90 (95) percent. Radionuclides may not be increased 
from the source as a result of the early reductions demonstration.



     Subpart E_Approval of State Programs and Delegation of Federal 

                               Authorities



Sec. 63.90  Program overview.

    The regulations in this subpart establish procedures consistent with 
section 112(l) of the Clean Air Act (Act) (42 U.S.C. 7401-7671q). This 
subpart establishes procedures for the approval of State rules, 
programs, or other requirements such as permit terms and conditions to 
be implemented and enforced in place of certain otherwise applicable 
section 112 Federal rules, emission standards, or requirements 
(including section 112 rules promulgated under the authority of the Act 
prior to the 1990 Amendments to the Act). The authority to implement and 
enforce section 112 Federal rules as promulgated without changes may be 
delegated under procedures established in this subpart. In this process, 
States may seek approval of a State mechanism for receiving delegation 
of existing and future unchanged Federal section 112 standards. This 
subpart clarifies which part 63, subpart A General Provisions 
authorities can be delegated to States. This subpart also establishes 
procedures for the review and withdrawal of section 112 implementation 
and enforcement authorities delegated through this subpart. This subpart 
also establishes procedures for the approval of State rules or programs 
to establish limitations on the potential to emit pollutants listed in 
or pursuant to section 112(b) of the Act.
    (a) Definitions. The following definitions apply to this subpart.
    Alternative requirements means the requirements, rules, permits, 
provisions, methods, or other enforceable mechanisms that a State 
submits for approval under this subpart or subpart A and, after 
approval, replaces the otherwise applicable Federal section 112 
requirements, provisions, or methods.
    Applicability criteria means the regulatory criteria used to define 
all affected sources subject to a specific section 112 rule.
    Approval means a determination by the Administrator that a State 
rule,

[[Page 117]]

program, or requirement meets the criteria of Sec. 63.91 and the 
additional criteria of either Sec. 63.92, Sec. 63.93, Sec. 63.94, or 
Sec. 63.97 as appropriate. For accidental release prevention programs, 
the criteria of Sec. 63.95 must be met in addition to the criteria of 
Sec. 63.91. This is considered a ``full approval'' for the purposes of 
this subpart. Partial approvals may also be granted as described in this 
subpart. Any approved requirements become applicable requirements under 
Sec. 70.2 of this chapter.
    Compliance and enforcement measures means requirements relating to 
compliance and enforcement, including but not necessarily limited to 
monitoring methods and procedures, recordkeeping, reporting, plans, 
inspection, maintenance, and operation requirements, pollution 
prevention requirements, noticing, field inspections, entry, sampling, 
or accidental release prevention oversight.
    Intermediate change to monitoring means a modification to federally 
required monitoring involving ``proven technology'' (generally accepted 
by the scientific community as equivalent or better) that is applied on 
a site-specific basis and that may have the potential to decrease the 
stringency of the associated emission limitation or standard. Though 
site-specific, an intermediate change may set a national precedent for a 
source category and may ultimately result in a revision to the federally 
required monitoring. Examples of intermediate changes to monitoring 
include, but are not limited to:
    (1) Use of a continuous emission monitoring system (CEMS) in lieu of 
a parameter monitoring approach;
    (2) Decreased frequency for non-continuous parameter monitoring or 
physical inspections;
    (3) Changes to quality control requirements for parameter 
monitoring; and
    (4) Use of an electronic data reduction system in lieu of manual 
data reduction.
    Intermediate change to test method means a within-method 
modification to a federally enforceable test method involving ``proven 
technology'' (generally accepted by the scientific community as 
equivalent or better) that is applied on a site-specific basis and that 
may have the potential to decrease the stringency of the associated 
emission limitation or standard. Though site-specific, an intermediate 
change may set a national precedent for a source category and may 
ultimately result in a revision to the federally enforceable test 
method. In order to be approved, an intermediate change must be 
validated according to EPA Method 301 (Part 63, Appendix A) to 
demonstrate that it provides equal or improved accuracy and precision. 
Examples of intermediate changes to a test method include, but are not 
limited to:
    (1) Modifications to a test method's sampling procedure including 
substitution of sampling equipment that has been demonstrated for a 
particular sample matrix, and use of a different impinger absorbing 
solution;
    (2) Changes in sample recovery procedures and analytical techniques, 
such as changes to sample holding times and use of a different 
analytical finish with proven capability for the analyte of interest; 
and
    (3) ``Combining'' a federally required method with another proven 
method for application to processes emitting multiple pollutants.
    Level of control means the degree to which a rule, program, or 
requirement limits emissions or employs design, equipment, work 
practice, or operational standards, accident prevention, or other 
requirements or techniques (including a prohibition of emissions) for:
    (1)(i) Each hazardous air pollutant, if individual pollutants are 
subject to emission limitations, and
    (ii) The aggregate total of hazardous air pollutants, if the 
aggregate grouping is subject to emission limitations, provided that the 
rule, program, or requirement would not lead to an increase in risk to 
human health or the environment; and
    (2) Each substance regulated under part 68 of this chapter.
    (3) Test methods and associated procedures and averaging times are 
integral to the level of control.
    Local agency means a local air pollution control agency or, for the 
purposes of Sec. 63.95, any local agency or entity having 
responsibility for preventing accidental releases which may occur at

[[Page 118]]

a source regulated under part 68 of this chapter.
    Major change to monitoring means a modification to federally 
required monitoring that uses ``unproven technology or procedures'' (not 
generally accepted by the scientific community) or is an entirely new 
method (sometimes necessary when the required monitoring is unsuitable). 
A major change to monitoring may be site-specific or may apply to one or 
more source categories and will almost always set a national precedent. 
Examples of major changes to monitoring include, but are not limited to:
    (1) Use of a new monitoring approach developed to apply to a control 
technology not contemplated in the applicable regulation;
    (2) Use of a predictive emission monitoring system (PEMS) in place 
of a required continuous emission monitoring system (CEMS);
    (3) Use of alternative calibration procedures that do not involve 
calibration gases or test cells;
    (4) Use of an analytical technology that differs from that specified 
by a performance specification;
    (5) Decreased monitoring frequency for a continuous emission 
monitoring system, continuous opacity monitoring system, predictive 
emission monitoring system, or continuous parameter monitoring system;
    (6) Decreased monitoring frequency for a leak detection and repair 
program; and
    (7) Use of alternative averaging times for reporting purposes.
    Major change to recordkeeping/reporting means:
    (1) A modification to federally required recordkeeping or reporting 
that:
    (i) May decrease the stringency of the required compliance and 
enforcement measures for the relevant standards;
    (ii) May have national significance (e.g., might affect 
implementation of the applicable regulation for other affected sources, 
might set a national precedent); or
    (iii) Is not site-specific.
    (2) Examples of major changes to recordkeeping and reporting 
include, but are not limited to:
    (i) Decreases in the record retention for all records;
    (ii) Waiver of all or most recordkeeping or reporting requirements;
    (iii) Major changes to the contents of reports; or
    (iv) Decreases in the reliability of recordkeeping or reporting 
(e.g., manual recording of monitoring data instead of required automated 
or electronic recording, or paper reports where electronic reporting may 
have been required).
    Major change to test method means a modification to a federally 
enforceable test method that uses ``unproven technology or procedures'' 
(not generally accepted by the scientific community) or is an entirely 
new method (sometimes necessary when the required test method is 
unsuitable). A major change to a test method may be site-specific, or 
may apply to one or more sources or source categories, and will almost 
always set a national precedent. In order to be approved, a major change 
must be validated according to EPA Method 301 (part 63, appendix A). 
Examples of major changes to a test method include, but are not limited 
to:
    (1) Use of an unproven analytical finish;
    (2) Use of a method developed to fill a test method gap;
    (3) Use of a new test method developed to apply to a control 
technology not contemplated in the applicable regulation; and
    (4) Combining two or more sampling/analytical methods (at least one 
unproven) into one for application to processes emitting multiple 
pollutants.
    Minor change to monitoring means:
    (1) A modification to federally required monitoring that:
    (i) Does not decrease the stringency of the compliance and 
enforcement measures for the relevant standard;
    (ii) Has no national significance (e.g., does not affect 
implementation of the applicable regulation for other affected sources, 
does not set a national precedent, and individually does not result in a 
revision to the monitoring requirements); and
    (iii) Is site-specific, made to reflect or accommodate the 
operational characteristics, physical constraints, or safety concerns of 
an affected source.

[[Page 119]]

    (2) Examples of minor changes to monitoring include, but are not 
limited to:
    (i) Modifications to a sampling procedure, such as use of an 
improved sample conditioning system to reduce maintenance requirements;
    (ii) Increased monitoring frequency; and
    (iii) Modification of the environmental shelter to moderate 
temperature fluctuation and thus protect the analytical instrumentation.
    Minor change to recordkeeping/reporting means:
    (1) A modification to federally required recordkeeping or reporting 
that:
    (i) Does not decrease the stringency of the compliance and 
enforcement measures for the relevant standards;
    (ii) Has no national significance (e.g., does not affect 
implementation of the applicable regulation for other affected sources, 
does not set a national precedent, and individually does not result in a 
revision to the recordkeeping or reporting requirement); and
    (iii) Is site-specific.
    (2) Examples of minor changes to recordkeeping or reporting include, 
but are not limited to:
    (i) Changes to recordkeeping necessitated by alternatives to 
monitoring;
    (ii) Increased frequency of recordkeeping or reporting, or increased 
record retention periods;
    (iii) Increased reliability in the form of recording monitoring 
data, e.g., electronic or automatic recording as opposed to manual 
recording of monitoring data;
    (iv) Changes related to compliance extensions granted pursuant to 
Sec. 63.6(i);
    (v) Changes to recordkeeping for good cause shown for a fixed short 
duration, e.g., facility shutdown;
    (vi) Changes to recordkeeping or reporting that is clearly redundant 
with equivalent recordkeeping/reporting requirements; and
    (vii) Decreases in the frequency of reporting for area sources to no 
less than once a year for good cause shown, or for major sources to no 
less than twice a year as required by title V, for good cause shown.
    Minor change to test method means:
    (1) A modification to a federally enforceable test method that:
    (i) Does not decrease the stringency of the emission limitation or 
standard;
    (ii) Has no national significance (e.g., does not affect 
implementation of the applicable regulation for other affected sources, 
does not set a national precedent, and individually does not result in a 
revision to the test method); and
    (iii) Is site-specific, made to reflect or accommodate the 
operational characteristics, physical constraints, or safety concerns of 
an affected source.
    (2) Examples of minor changes to a test method include, but are not 
limited to:
    (i) Field adjustments in a test method's sampling procedure, such as 
a modified sampling traverse or location to avoid interference from an 
obstruction in the stack, increasing the sampling time or volume, use of 
additional impingers for a high moisture situation, accepting 
particulate emission results for a test run that was conducted with a 
lower than specified temperature, substitution of a material in the 
sampling train that has been demonstrated to be more inert for the 
sample matrix; and
    (ii) Changes in recovery and analytical techniques such as a change 
in quality control/quality assurance requirements needed to adjust for 
analysis of a certain sample matrix.
    Partial approval means that the Administrator approves under this 
subpart:
    (1) A State's legal authorities that fully meet the criteria of 
Sec. 63.91(d)(3)(ii)-(v), and substantially meet the criteria of Sec. 
63.91(d)(3)(i) as appropriate; or
    (2) A State rule or program that meets the criteria of Sec. 63.92, 
Sec. 63.93, Sec. 63.94, Sec. 63.95, or Sec. 63.97 with the exception 
of a separable portion of that State rule or program which fails to meet 
those criteria. A separable portion of a State rule or program is 
defined as a section(s) of a rule or a portion(s) of a program which can 
be acted upon independently without affecting the overall integrity of 
the rule or program as a whole.
    Program means, for the purposes of an approval under this subpart, a 
collection of State authorities, resources, and other requirements that 
satisfy

[[Page 120]]

the criteria of this subpart and subpart A.
    State agency, for the purposes of this subpart, includes State and 
local air pollution agencies, Indian tribes as defined in Sec. 71.2 of 
this chapter, and territories of the United States to the extent they 
are or will be delegated Federal section 112 rules, emission standards, 
or requirements.
    Stringent or stringency means the degree of rigor, strictness or 
severity a statute, rule, emission standard, or requirement imposes on 
an affected source as measured by the quantity of emissions, or as 
measured by parameters relating to rule applicability and level of 
control, or as otherwise determined by the Administrator.
    Title V operating permit programs means the part 70 permitting 
program and the delegated Indian tribal programs under part 70 of this 
chapter.
    (b) Local agency coordination with State and territorial agencies. 
Local agencies submitting a rule or program for approval under this 
subpart shall consult with the relevant State or Territorial agency 
prior to making a request for approval to the Administrator. A State or 
Territorial agency may submit requests for approval on behalf of a local 
agency after consulting with that local agency.
    (c) Tribal authority. A tribal authority may submit a rule or 
program under this subpart, provided that the tribal authority has 
received approval, under the provisions of part 49 of this chapter, for 
administering Federal rules under section 112 of the Act.
    (d) Authorities retained by the Administrator. (1) The following 
authorities will be retained by the Administrator and will not be 
delegated:
    (i) The authority to add or delete pollutants from the list of 
hazardous air pollutants established under section 112(b);
    (ii)-(iii) [Reserved]
    (iv) The authority to add source categories to or delete source 
categories from the Federal source category list established under 
section 112(c)(1) or to subcategorize categories on the Federal source 
category list after proposal of a relevant emission standard;
    (v) The authority to revise the source category schedule established 
under section 112(e) by moving a source category to a later date for 
promulgation; and
    (vi) Any other authorities determined to be nondelegable by the 
Administrator.
    (2) Nothing in this subpart shall prohibit the Administrator from 
enforcing any applicable rule, emission standard or requirement 
established under section 112.
    (3) Nothing in this subpart shall affect the authorities and 
obligations of the Administrator or the State under title V of the Act 
or under regulations promulgated pursuant to that title.
    (e) Federally-enforceable requirements. All rules, programs, State 
or local permits, or other requirements approved under this subpart and 
all resulting part 70 operating permit conditions are enforceable by the 
Administrator and by citizens under the Act.
    (f) Standards not subject to modification or substitution. With 
respect to radionuclide emissions from licensees of the Nuclear 
Regulatory Commission or licensees of Nuclear Regulatory Commission 
Agreement States which are subject to part 61, subparts I, T, or W of 
this chapter, a State may request that the EPA approve delegation of 
implementation and enforcement of the Federal standard pursuant to Sec. 
63.91, but no changes or modifications in the form or content of the 
standard will be approved pursuant to Sec. 63.92, Sec. 63.93, Sec. 
63.94, or Sec. 63.97.
    (g) Selection of delegation options. (1) With the exception of 
paragraphs (g)(2) and (g)(3) of this section, States may only submit 
requests for approval of alternative requirements for a section 112 
Federal rule, emission standard, or other requirement under a single 
delegation option under this subpart.
    (2) In the case of Sec. 63.94 submittals, if the identified sources 
in any source category comprise a subset of the sources in that 
category, the State must accept delegation under one other section of 
this subpart for the remainder of the sources in that category that are 
required to be permitted by the State under part 70 of this chapter.
    (3) If the Administrator partially approves the State request per 
Sec. 63.91(f), the State may submit a request for the remaining section 
112 rules, emission

[[Page 121]]

standards, or requirements in that category under another section of 
this subpart.

[65 FR 55835, Sept. 14, 2000]



Sec. 63.91  Criteria for straight delegation and criteria common to all 

approval options.

    (a) Applicable approval criteria. A State must satisfy the criteria 
in paragraph (d) of this section for up-front approval to obtain 
delegation of the Federal section 112 rules, emission standards, or 
requirements. Once a State has demonstrated it meets the criteria in 
paragraph (d) of this section, it only needs to reference that 
demonstration and reaffirm that it still meets the criteria in future 
submittals. In addition, a State must satisfy the applicable approval 
criteria in Sec. 63.92, Sec. 63.93, Sec. 63.94, Sec. 63.95, or Sec. 
63.97, as specified in the following paragraphs.
    (1) Unchanged Federal section 112 rules (``straight delegation''). 
To obtain approval of State programs to implement and enforce Federal 
section 112 rules as promulgated without changes (except for accidental 
release programs, described in paragraph (a)(4) of this section), only 
the criteria of paragraph (d) of this section must be met. This includes 
State requests for one-time approval of their mechanism for taking 
delegation of future unchanged Federal section 112 rules, emission 
standards, and requirements as well as approval to implement and enforce 
unchanged Federal section 112 rules, emission standards, and 
requirements on a rule-by-rule basis.
    (2) State rules, programs, or requirements that are different from 
the Federal rule. To obtain approval under this subpart of a rule, 
program, or requirement that is different from the Federal section 112 
rule, emission standard, or requirement, the criteria of paragraph (d) 
of this section and the criteria of either Sec. 63.92, Sec. 63.93, 
Sec. 63.94, or Sec. 63.97 must be met.
    (3) Separable portions of State rules, programs, or requirements 
(``partial approval''). To obtain partial approval under this subpart, a 
State request must meet the criteria in paragraphs (d) and (f) of this 
section.
    (4) Programs under part 68 of this chapter, prevention of accidental 
releases. For approval of State rules or programs to implement and 
enforce the Federal accidental release prevention program in part 68 of 
this chapter, as promulgated without changes, the provisions of 
paragraph (d) of this section, and Sec. 63.95 must be met. For approval 
of alternative requirements, the provisions of either Sec. 63.92 or 
Sec. 63.93 must also be met.
    (5) Limits on the potential to emit section 112 pollutants. The 
Administrator may, under the authority of section 112(l) and this 
subpart, also approve a State program designed to establish limits on 
the potential to emit hazardous air pollutants listed pursuant to 
section 112 of the Act.
    (b) Approval process. When a State submits an initial request for 
approval, and except as otherwise specified under Sec. 63.92, Sec. 
63.93, Sec. 63.94, Sec. 63.95, or Sec. 63.97, for a State's 
subsequent requests for approval, the approval process will be as shown 
in the following table:

------------------------------------------------------------------------
          If . . .                 Then . . .          And then . . .
------------------------------------------------------------------------
(1) A request for approval    the Administrator     if a request is
 is received.                  will review the       incomplete, the
                               request for           Administrator will
                               approval and          notify the State of
                               determine whether     the specific
                               the request is        deficient elements
                               complete according    of the request.
                               to the criteria in
                               this subpart.
(2) A complete request for    the Administrator     the Administrator
 approval is received.         will seek public      will require that
                               comment for a         comments be
                               minimum of 30 days    submitted
                               through a Federal     concurrently to the
                               Register notice on    State.
                               the State's request
                               for approval.
(3) A complete request for    the Administrator
 approval is received and      will either
 there has been a period of    approve, partially
 public comment.               approve, or
                               disapprove the
                               State rule,
                               program, or
                               requirement within
                               180 days of receipt
                               of a complete
                               request.

[[Page 122]]

 
(4) The Administrator finds   the Administrator     the Administrator
 that all of the criteria of   will approve or       will publish it in
 this section are met and      partially approve     the Federal
 all of the criteria of Sec.  the State rule,       Register, and
   63.92, Sec.  63.93, Sec.  program, or           incorporate it
   63.94, Sec.  63.95, or     requirement.          directly or by
 Sec.  63.97 are met.                               reference, in the
                                                     appropriate subpart
                                                     of part 63.
                                                     Requirements
                                                     approved under Sec.
                                                       63.95 will be
                                                     incorporated
                                                     pursuant to
                                                     requirements under
                                                     part 68 of this
                                                     chapter.
(5) The Administrator finds   the Administrator     any resubmittal by a
 that any of the criteria of   will notify the       State of a request
 this section are not met,     State of any          for approval will
 or any of the criteria of     revisions or          be considered a new
 Sec.  63.92, Sec.  63.93,   additions necessary   request under this
 Sec.  63.94, Sec.  63.95,   to obtain approval.   subpart.
 or Sec.  63.97 under which
 the request for approval
 was made are not met.
(6) A State rule, program,    unless the State can  the Administrator
 or requirement is             revise the            will publish the
 disapproved.                  submittal to meet     disapproval in the
                               the criteria, the     Federal Register.
                               Administrator will
                               disapprove the
                               State rule,
                               program, or
                               requirement.
------------------------------------------------------------------------

    (c) Enforcement. (1) Approval of the alternative rule, program, or 
requirement delegates to the State the authority to implement and 
enforce the approved rule, program, or requirement in lieu of the 
otherwise applicable Federal section 112 rule, emission standard, or 
requirement.
    (i) The approved State rule, program, or requirement shall be 
federally enforceable from the date the Administrator signs the 
approval, with two exceptions. For States that implement unchanged 
Federal requirements (Sec. 63.91, straight delegation) via their title 
V permit program, and for States using the equivalency by permit option 
(63.94), the approved requirements shall be federally enforceable on the 
date of issuance or revision of the title V permit.
    (ii) In the case of a partial approval under paragraph (f)(1) of 
this section, only those authorities of the State request found to meet 
the requirements of this section will be approved; the remaining Federal 
authorities will be implemented and enforced by EPA.
    (iii) For partial approvals under paragraph (f)(3) of this section, 
only the portion of the State rule that is approved will be federally 
enforceable; the remainder continues to be State enforceable only.
    (2) When a State rule, program, or requirement is approved by the 
Administrator under this subpart, applicable title V permits shall be 
revised according to the provisions of Sec. 70.7(f) of this chapter.
    (i) Each permit shall specify the origin of the alternative 
conditions per Sec. 70.6 (a)(i) of this chapter and specifically 
reference the Federal Register notice or other EPA approval mechanism in 
the permit.
    (ii) When approved alternative requirements are incorporated in a 
permit, those requirements must be clearly identified and carried 
forward in any subsequent permit revisions or renewals. If the permit is 
not renewed, or if a revision or renewal does not carry the alternate 
requirements forward, then the Federal section 112 requirements become 
the applicable requirements.
    (3) If approval is withdrawn under Sec. 63.96, all otherwise 
applicable Federal rules and requirements shall be enforceable in 
accordance with the compliance schedule established in the withdrawal 
notice and relevant title V permits shall be revised according to the 
provisions of Sec. 70.7(f) of this chapter.
    (d) Criteria for approval. (1) Any request for approval under this 
subpart shall meet all section 112(l) approval criteria specified by the 
otherwise applicable Federal section 112 rule, emission standard, or 
requirement, all of the approval criteria of this section, and any 
additional approval criteria in Sec. 63.92, Sec. 63.93, Sec. 63.94, 
Sec. 63.95, or Sec. 63.97.
    (2) Once a State has satisfied the Sec. 63.91(d) up-front approval 
requirements, it only needs to reference the previous demonstration and 
reaffirm that is still meets the criteria for any subsequent equivalency 
submittals.
    (3) Interim or final title V program approval will satisfy the 
criteria set

[[Page 123]]

forth in Sec. 63.91(d), up-front approval criteria. Alternatively, the 
State must provide the following items in paragraphs (d)(3)(i) through 
(v) of this section to the Administrator:
    (i) A written finding by the State Attorney General (or for a local 
agency or tribal authority, the General Counsel with full authority to 
represent the local agency or tribal authority) that the State has the 
necessary legal authority to implement and to enforce the State rule, 
program, or requirement upon approval and to assure compliance by all 
sources within the State with each applicable section 112 rule, emission 
standard, or requirement. For full approval, the State must have the 
following legal authorities concerning enforcement and compliance 
assurance:
    (A) The State shall have enforcement authorities that meet the 
requirements of Sec. 70.11 of this chapter, except that tribal 
authorities shall have enforcement authorities that meet the 
requirements of part 49 of this chapter, the Tribal Air Rule.
    (B) The State shall have authority to request information from 
regulated sources regarding their compliance status.
    (C) The State shall have authority to inspect sources and any 
records required to determine a source's compliance status.
    (D) If a State delegates authorities to a local agency, the State 
must retain enforcement authority unless the local agency has 
authorities that meet the requirements of Sec. 70.11 of this chapter.
    (ii) A copy of State statutes, regulations, and requirements that 
contain the appropriate provisions granting authority to implement and 
enforce the State rule, program, or requirement upon approval.
    (iii) A demonstration that the State has adequate resources to 
implement and enforce all aspects of the rule, program, or requirement 
upon approval (except for authorities explicitly retained by the 
Administrator, such as those pursuant to paragraph (f) of this section 
or pursuant to part 49 of this chapter), which includes:
    (A) A description in narrative form of the scope, structure, 
coverage, and processes of the State program.
    (B) A description of the organization and structure of the agency or 
agencies that will have responsibility for administering the program.
    (C) A description of the agency's capacity to carry out the State 
program, including the number, occupation, and general duties of the 
employees.
    (iv) A schedule demonstrating expeditious State implementation of 
the rule, program, or requirement upon approval.
    (v) A plan that assures expeditious compliance by all sources 
subject to the State rule, program, or requirement upon approval. The 
plan should include, at a minimum, a complete description of the State's 
compliance tracking and enforcement program, including but not limited 
to inspection strategies.
    (4) If any of the State documents that are required to support an 
approval under this subpart are readily available to the EPA and to the 
public, the State may cite the relevant portions of the documents or 
indicate where they are available (e.g., by providing an Internet 
address) rather than provide copies.
    (5) Electronic documents. Submission of electronic documents shall 
comply with the requirements of 40 CFR part 3--(Electronic reporting).
    (e) Revisions. Within 90 days of any State amendment, repeal, or 
revision of any State rule, program, permit, or other requirement 
approved as an alternative to a Federal requirement or part of the 
authority necessary for the up-front approval, the State must provide 
the Administrator with a copy of the revised authorities and meet the 
requirements of either paragraph (e)(1) or (e)(2) of this section.
    (1)(i) The State shall provide the Administrator with a written 
finding by the State Attorney General (or for a local agency or tribal 
authority, the General Counsel with full authority to represent the 
local agency or tribal authority) that the State's revised legal 
authorities are adequate to continue to implement and to enforce all 
previously approved State rules and the approved State program (as 
applicable) and adequate to continue to assure compliance by all sources 
within the

[[Page 124]]

State with approved rules, the approved program, the approved permit, or 
other requirements (as applicable) and each applicable section 112 rule, 
emission standard, or requirement.
    (ii) If the Administrator determines that the written finding is not 
adequate, the State shall request approval of the revised rule, program, 
permit, or other requirement according to the provisions of paragraph 
(e)(2) of this section.
    (2) The State shall request approval under this subpart for any 
revised rule, program, permit, or other requirement.
    (i) If the Administrator approves the revised rule, program, permit, 
or other requirement, the revision will replace the previously approved 
rule, program, permit, or other requirement.
    (ii) If the Administrator disapproves the revised rule, program, 
permit, or other requirement, the Administrator will initiate procedures 
under Sec. 63.96 to withdraw approval of any previously approved rule, 
program, permit, or other requirement that may be affected by the 
revised authorities.
    (iii) Until such time as the Administrator approves or withdraws 
approval of a revised rule, program, permit, or other requirement, the 
previously approved rule, program, permit, or requirement remains 
federally enforceable and the revision is not federally enforceable.
    (3) If the EPA amends, or otherwise revises a promulgated section 
112 rule or requirement in a way that increases its stringency, the EPA 
will notify any State which has received delegation under this subpart 
of the need to revise their equivalency demonstration.
    (i) The EPA Regional Office will consult with the affected State(s) 
to set a time frame for the State(s) to submit a revised equivalency 
demonstration.
    (ii) The revised equivalency demonstration will be reviewed and 
approved or disapproved according to the procedures set forth in this 
section and Sec. 63.91, Sec. 63.92, Sec. 63.93, Sec. 63.94, Sec. 
63.95, or Sec. 63.97, whichever are applicable.
    (f) Partial approval. The partial approval process under this 
subpart is described in the following table:

------------------------------------------------------------------------
          If . . .                 Then . . .             And . . .
------------------------------------------------------------------------
(1) A State's legal           the Administrator     The EPA will
 authorities submitted under   may grant a partial   continue to
 this subpart substantially    approval with the     implement and
 meet the requirements of      State's consent.      enforce those
 paragraph (d)(3)(i) of this                         authorities under
 section, but are not fully                          paragraph (d)(3)(i)
 approvable.                                         of this section
                                                     that are not
                                                     approved.
(2) Any of the other          the Administrator
 requirements in paragraphs    will disapprove the
 (d)(3)(ii)-(v) of this        submittal.
 section are not approvable.
(3) A rule, requirement, or   the Administrator     the Administrator
 program submitted under       may remove that       may then grant a
 this subpart meets the        separable portion     partial approval of
 requirements of Sec.         with the State's      the portion of the
 63.92, Sec.  63.93, Sec.    consent.              rule, requirement,
 63.94, Sec.  63.95, or                             or program that
 Sec.  63.97 as                                     meets the
 appropriate, with the                               requirements of
 exception of a separable                            this subpart.
 portion of that rule,
 requirement, or program.
(4) the Administrator         the Administrator
 determines that there are     may disapprove the
 too many areas of             submittal in its
 deficiency or that            entirety.
 separating the
 responsibilities between
 Federal and State
 government would be too
 cumbersome and complex.
------------------------------------------------------------------------

    (g) Subpart A, Delegable authorities. A State may exercise certain 
authorities granted to the Administrator under subpart A, but may not 
exercise others, according to the following criteria:
    (1) A State may ask the appropriate EPA Regional Office to delegate 
any of the authorities listed as ``Category I'', in paragraph (g)(1)(i) 
of this section. The EPA Regional Office will delegate any such 
authorities at their discretion.
    (i) ``Category I'' shall consist of the following authorities:

                         Category I Authorities

    (A) Section 63.1, Applicability Determinations
    (B) Section 63.6(e), Operation and Maintenance Requirements--
Responsibility for Determining Compliance

[[Page 125]]

    (C) Section 63.6(f), Compliance with Non-Opacity Standards--
Responsibility for Determining Compliance
    (D) Section 63.6(h), Compliance with Opacity and Visible Emissions 
Standards--Responsibility for Determining Compliance
    (E) Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test 
Plans
    (F) Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test 
Methods
    (G) Section 63.7(e)(2)(ii) and (f), Approval of Intermediate 
Alternatives to Test Methods
    (H) Section 63.7(e)(iii), Approval of Shorter Sampling Times and 
Volumes When Necessitated by Process Variables or Other Factors
    (I) Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of 
Performance Testing
    (J) Sections 63.8(c)(1) and (e)(1), Approval of Site-Specific 
Performance Evaluation (Monitoring) Test Plans
    (K) Section 63.8(f), Approval of Minor Alternatives to Monitoring
    (L) Section 63.8(f), Approval of Intermediate Alternatives to 
Monitoring
    (M) Section 63.9 and 63.10, Approval of Adjustments to Time Periods 
for Submitting Reports
    (N) Section 63.10(f), Approval of Minor Alternatives to 
Recordkeeping and Reporting
    (O) Section 63.7(a)(4), Extension of Performance Test Deadline

    (ii) The State must maintain a record of all approved alternatives 
to all monitoring, testing, recordkeeping, and reporting requirements 
and provide this list of alternatives to its EPA Regional Office at 
least semi-annually, or on a more frequent basis if requested by the 
Regional Office. The Regional Office may audit the State-approved 
alternatives and disapprove any that it determines are inappropriate, 
after discussion with the State. If changes are disapproved, the State 
must notify the source that it must revert to the original applicable 
monitoring, testing, recordkeeping, and/or reporting requirements 
(either those requirements of the original section 112 requirement, the 
alternative requirements approved under this subpart, or the previously 
approved site-specific alternative requirements). Also, in cases where 
the source does not maintain the conditions which prompted the approval 
of the alternatives to the monitoring, testing, recordkeeping, and/or 
reporting requirements, the State (or EPA Regional Office) must require 
the source to revert to the original monitoring, testing, recordkeeping, 
and reporting requirements, or more stringent requirements, if 
justified.
    (2)(i) A State may not ask the appropriate EPA Regional Office to 
delegate any of the authorities listed as ``Category II'' in paragraph 
(g)(2)(ii) of this section.
    (ii) ``Category II'' shall consist of the following authorities:

                         Category II Authorities

    (A) Section 63.6(g), Approval of Alternative Non-Opacity Emission 
Standards
    (B) Section 63.6(h)(9), Approval of Alternative Opacity Standards
    (C) Sections 63.7(e)(2)(ii) and (f), Approval of Major Alternatives 
to Test Methods
    (D) Section 63.8(f), Approval of Major Alternatives to Monitoring
    (E) Section 63.10(f), Approval of Major Alternatives to 
Recordkeeping and Reporting

[65 FR 55837, Sept. 14, 2000, as amended at 70 FR 59887, Oct. 13, 2005; 
72 FR 27443, May 16, 2007]



Sec. 63.92  Approval of State requirements that adjust a section 112 rule.

    Under this section a State may seek approval of State requirements 
that make pre-approved adjustments to a Federal section 112 rule, 
emission standard, or requirement that are unambiguously no less 
stringent than the Federal rule, emission standard, or requirement.
    (a) Approval process. (1) If the Administrator finds that the 
criteria of this section and the criteria of Sec. 63.91 are met, the 
Administrator will approve the State requirements, publish them in the 
Federal Register, and incorporate them, directly or by reference, in the 
appropriate subpart of part 63, without additional notice and 
opportunity for comment. Requirements approved under Sec. 63.95 will be 
incorporated pursuant to requirements under part 68 of this chapter.
    (2) If the Administrator finds that any one of the State adjustments 
to

[[Page 126]]

the Federal rule is in any way ambiguous with respect to the stringency 
of applicability, level of control, compliance and enforcement measures, 
or the compliance date for any affected source or emission point, the 
Administrator will either disapprove the State request or consider the 
request under Sec. 63.93.
    (3) Within 60 days of receiving a complete request for approval 
under this section, the Administrator will either approve or disapprove 
the State request. If approved, the change will be effective upon 
signature of the Federal Register notice.
    (4) Requirements submitted for approval under this section shall 
include either title V permits, title V general permits, Federal new 
source review permits, or State rules. Permits must already be issued to 
be used under this section.
    (5) If the State uses a permit as the basis of alternative 
requirements under this section, the relevant permit terms and 
conditions must remain applicable to the source, even if the source 
takes steps that would otherwise release it from an obligation to have a 
permit.
    (b) Criteria for approval. Any request for approval under this 
section shall meet all of the criteria of this section and Sec. 63.91 
before approval. The State shall provide the Administrator with:
    (1) A demonstration that the public within the State has had 
adequate notice and opportunity to submit written comment on the State 
requirements, and
    (2) A demonstration that each State adjustment to the Federal rule 
individually results in requirements that:
    (i) Are unequivocally no less stringent than the otherwise 
applicable Federal rule with respect to applicability;
    (ii) Are unequivocally no less stringent than the otherwise 
applicable Federal rule with respect to level of control for each 
affected source and emission point;
    (iii) Are unequivocally no less stringent than the otherwise 
applicable Federal rule with respect to compliance and enforcement 
measures for each affected source and emission point; and
    (iv) Assure compliance by every affected source no later than would 
be required by the otherwise applicable Federal rule.
    (3) State adjustments to Federal section 112 rules which may be part 
of an approved rule under this section are:
    (i) Lowering a required emission rate or de minimis level;
    (ii) Adding a design, work practice, operational standard, emission 
rate or other such requirement;
    (iii) Increasing a required control efficiency;
    (iv) Increasing the frequency of required reporting, testing, 
sampling or monitoring;
    (v) Adding to the amount of information required for records or 
reports;
    (vi) Decreasing the amount of time to come into compliance;
    (vii) Subjecting additional emission points or sources within a 
source category to control requirements;
    (viii) Any adjustments allowed in a specific section 112 rule;
    (ix) Minor editorial, formatting, and other nonsubstantive changes; 
or
    (x) Identical alternative requirements previously approved by the 
Administrator in another local agency within the same State, if 
previously noticed that the alternative requirements would be applicable 
in the jurisdiction seeking approval under this section.

[65 FR 55840, Sept. 14, 2000]



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

rule.

    Under this section a State may seek approval of State requirements 
which differ from a Federal section 112 rule for which they would 
substitute, such that the State requirements do not qualify for approval 
under Sec. 63.92.
    (a) Approval process. (1) After receiving a complete request for 
approval under this section and making a preliminary determination on 
its equivalence, the Administrator will seek public comment on the 
State's request for a minimum of 30 days through a Federal Register 
notice. The Administrator will require that comments be submitted 
concurrently to the State.

[[Page 127]]

    (2) If, after review of public comments and any State responses to 
comments submitted to the Administrator, the Administrator finds that 
the criteria of this section and the criteria of Sec. 63.91 are met, 
the Administrator will approve the State requirements under this 
section, publish the approved requirements in the Federal Register, and 
incorporate them directly or by reference, in the appropriate subpart of 
part 63. Requirements approved under Sec. 63.95 will be incorporated 
pursuant to requirements under part 68 of this chapter.
    (3) If the Administrator finds that any of the requirements of this 
section or Sec. 63.91 have not been met, the Administrator may 
partially approve or disapprove the State requirements. For any partial 
approvals or disapprovals, the Administrator will provide the State with 
the basis for the partial approval or disapproval and what actions that 
State can take to make the requirements approvable.
    (4) Requirements submitted for approval under this section shall 
include either: State rules, title V permits, title V general permits, 
Federal new source review permits, board and administrative orders, 
permits issued pursuant to permit templates, or State operating permits. 
Permits must already be issued to be used under this section.
    (5) If the State uses a permit as the basis of alternative 
requirements under this section, the relevant permit terms and 
conditions must remain applicable to the source even if it takes steps 
that would otherwise release it from an obligation to have a permit.
    (6) Within 180 days of receiving a complete request for approval 
under this section, the Administrator will either approve, partially 
approve, or disapprove the State request.
    (b) Criteria for approval. Any request for approval under this 
section shall meet all of the criteria of this section and Sec. 63.91 
before approval. The State shall provide the Administrator with detailed 
documentation that the State requirements contain or demonstrate:
    (1) Applicability criteria that are no less stringent than those in 
the respective Federal rule;
    (2) Levels of control (including associated performance test 
methods) and compliance and enforcement measures that result in emission 
reductions from each affected source or accidental release prevention 
program requirements for each affected source that are no less stringent 
than would result from the otherwise applicable Federal rule;
    (3) A compliance schedule that requires each affected source to be 
in compliance within a time frame consistent with the deadlines 
established in the otherwise applicable Federal rule; and
    (4) At a minimum, the approved State requirements must include the 
following compliance and enforcement measures. (For requirements 
addressing the accidental release prevention program, minimum compliance 
and enforcement provisions are described in Sec. 63.95.)
    (i) The approved requirements must include monitoring or another 
method for determining compliance.
    (ii) If a standard in the approved rule is not instantaneous, a 
maximum averaging time must be established.
    (iii) The requirements must establish an obligation to periodically 
monitor for compliance using the monitoring or another method 
established in paragraph (b)(4)(i) of this section sufficient to yield 
reliable data that are representative of the source's compliance status.

[65 FR 55841, Sept. 14, 2000]



Sec. 63.94  Approval of State permit terms and conditions that substitute for 

a section 112 rule.

    Under this section a State may seek approval of State permit terms 
and conditions to be implemented and enforced in lieu of specified 
existing and future Federal section 112 rules, emission standards, or 
requirements promulgated under section 112, for those affected sources 
permitted by the State under part 70 of this chapter. The State may not 
seek approval under this section for permit terms and conditions that 
implement and enforce part 68 requirements.
    (a) Up-front approval process.(1) A State must submit a request that 
meets the requirements of paragraph (b) of this section. After receiving 
a

[[Page 128]]

complete request for approval of a State program under this section and 
making a preliminary determination of equivalence, the Administrator 
will seek public comment for 21 days through a Federal Register notice. 
The Administrator will require that comments be submitted concurrently 
to the State.
    (2) If, after review of all public comments, and State responses to 
comments submitted to the Administrator, the Administrator finds that 
the criteria of paragraph (b) of this section and the criteria of Sec. 
63.91 are met, the Administrator will approve the State program. The 
approved program will be published in the Federal Register and 
incorporated directly or by reference in the appropriate subpart of part 
63.
    (3) If the Administrator finds that any of the criteria of paragraph 
(b) of this section or Sec. 63.91 have not been met, the Administrator 
will partially approve or disapprove the State program. For any partial 
approvals or disapprovals, the Administrator will provide the State with 
the basis for the partial approval or disapproval and what action the 
State can take to make the programs approvable.
    (4) Within 90 days of receiving a complete request for approval 
under this section, the Administrator will either approve, partially 
approve, or disapprove the State request.
    (b) Criteria for up-front approval. Any request for program approval 
under this section shall meet all of the criteria of this paragraph and 
Sec. 63.91 before approval. The State shall provide the Administrator 
with:
    (1)(i) To the extent possible, an identification of all specific 
sources in source categories listed pursuant to subsection 112(c) for 
which the State is seeking authority to implement and enforce 
alternative requirements under this section;
    (ii) If the identified sources in any source category comprise a 
subset of the sources in that category within the State's jurisdiction, 
the State shall request delegation for the remainder of the sources in 
that category that are required to be permitted by the State under part 
70 of this chapter. The State shall request delegation for the remainder 
of the sources in that category under another section of this subpart.
    (iii) Prior to submitting a request for one or more sources within a 
source category, the State shall consult with their EPA Regional Office 
regarding the number of sources in a category eligible for submittal 
under this option. Based on the Regional Office's decision, the State 
shall limit the number of sources for which it submits permit 
requirements.
    (2) To the extent possible, an identification of all existing and 
future section 112 emission standards for which the State is seeking 
authority under this section to implement and enforce alternative 
requirements.
    (3) If, after approval of the initial list of source categories 
identified in paragraph (b)(2) of this section, the State adds source 
categories for approval under this option, the State shall submit an 
addendum to the up-front approval submission, and identify the addition 
to the lists. The Administrator will follow the process outlined in 
paragraph (a) of this section for up-front approval.
    (4) A one-time demonstration that the State has an approved title V 
operating permit program and that the program permits the affected 
sources.
    (c) Approval process for alternative requirements. (1) After 
promulgation of a Federal section 112 rule, emission standard, or 
requirement for which the State has up-front approval to implement and 
enforce alternative requirements in the form of title V permit terms and 
conditions, the State shall provide the Administrator with pre-draft 
title V permit terms and conditions that are sufficient, in the 
Administrator's judgement, to allow the Administrator to determine 
equivalency. The permit terms and conditions shall reflect all of the 
requirements of the otherwise applicable Federal section 112 rule, 
emission standard, or requirement.
    (2) [Reserved]
    (3) If, the Administrator receives a complete request and finds the 
pre-draft title V permit terms and conditions submitted by the State 
meet the criteria of paragraph (d), the Administrator will approve the 
State's alternative requirements (by approving the

[[Page 129]]

pre-draft permit terms and conditions) and notify the State in writing 
of the approval.
    (4) The Administrator may approve the State's alternative 
requirements on the condition that the State makes certain changes to 
the pre-draft title V permit terms and conditions and includes the 
changes in the complete pre-draft, proposed, and final title V permits 
for the affected sources. If the Administrator approves the alternative 
requirements on the condition that the State makes certain changes to 
them, the State shall make those changes or the alternative requirements 
will not be federally enforceable when they are included in the final 
permit, even if the Administrator does not object to the proposed 
permit. Until the Administrator affirmatively approves the State's 
alternative requirements (by approving the pre-draft permit terms and 
conditions) under this paragraph, and those requirements (permit terms) 
are incorporated into the final title V permit for any affected source, 
the otherwise applicable Federal emission standard(s) remain the 
federally enforceable and applicable requirements for that source.
    (5) If, after evaluating the pre-draft title V permit terms and 
conditions that were submitted by the State, the Administrator finds 
that the criteria of paragraph (d) of this section have not been met, 
the Administrator will disapprove the State's alternative requirements 
and notify the State in writing of the disapproval. In the notice of 
disapproval, the Administrator will specify the deficient or 
nonapprovable elements of the State's alternative requirements.
    (6) Within 90 days of receiving a complete request for approval 
under this paragraph, the Administrator will either approve, partially 
approve, or disapprove the State's alternative requirements.
    (7) Nothing in this section precludes the State from submitting 
alternative requirements in the form of title V permit terms and 
conditions or title V general permit terms and conditions for approval 
under this paragraph at the same time the State submits its program to 
the Administrator for up-front approval under paragraph (a) of this 
section, provided that the Federal emission standards for which the 
State submits alternative requirements are promulgated at the time of 
the State's submittal. If the Administrator finds that the criteria of 
Sec. 63.91 and the criteria of paragraphs (b) and (d) of this section 
are met, the Administrator will approve both the State program and the 
permit terms and conditions within 90 days of receiving a complete 
request for approval.
    (d) Approval criteria for alternative requirements.Any request for 
approval under this paragraph shall meet the following criteria. Taken 
together, the criteria in this paragraph describe the minimum contents 
of a State's equivalency demonstration for a promulgated Federal section 
112 rule, emission standard, or requirement. To be approvable, the State 
submittal must contain sufficient detail to allow the Administrator to 
make a determination of equivalency between the State's alternative 
requirements and the Federal requirements. Each submittal of alternative 
requirements in the form of pre-draft permit terms and conditions for an 
affected source shall:
    (1) Identify the specific, practicably enforceable terms and 
conditions with which the source would be required to comply upon 
issuance, renewal, or revision of the title V permit. The State shall 
submit permit terms and conditions that reflect all of the requirements 
of the otherwise applicable Federal section 112 rule, emission standard, 
or requirement. The State shall identify for the Administrator the 
specific permit terms and conditions that contain alternative 
requirements.
    (2) Identify specifically how the alternative requirements in the 
form of permit terms and conditions are the same as or differ from the 
requirements in the otherwise applicable Federal section 112 rule, 
emission standard, or requirement (including any applicable requirements 
in subpart A or other subparts or appendices). The State shall provide 
this identification in a side-by-side comparison of the State's 
requirements in the form of permit terms and conditions and the 
requirements of the Federal section 112 rule, emission standard, or 
requirement.

[[Page 130]]

    (3) The State shall provide the Administrator with detailed 
documentation that demonstrates that the alternative requirements meet 
the criteria specified in Sec. 63.93(b), i.e., that the alternative 
requirements are at least as stringent as the otherwise applicable 
Federal requirements.
    (e) Incorporation of permit terms and conditions into title V 
permits. (1) After approval of the State's alternative requirements 
under this section, the State shall incorporate the approved permit 
terms and conditions into title V permits for the affected sources. The 
State shall issue or revise the title V permits according to the 
provisions contained in Sec. 70.7 of this chapter. The alternative 
permit terms and conditions may substitute for the Federal requirements 
once they are contained in a valid title V permit. If the State does not 
write the alternative conditions, exactly as approved, into the permit, 
EPA may reopen the permit for cause per Sec. 70.7(g) of this chapter, 
and the delegation may not occur.
    (2) In the notice of pre-draft permit availability, and in each pre-
draft, proposed, and final permit, the State shall indicate prominently 
that the permit contains alternative section 112 requirements. In the 
notice of pre-draft permit availability, the State shall specifically 
solicit public comment on the alternative requirements. In addition, the 
State shall attach all documents supporting the approved equivalency 
determination for those alternative requirements to each pre-draft, 
proposed, and final permit.

[65 FR 55841, Sept. 14, 2000]



Sec. 63.95  Additional approval criteria for accidental release prevention 

programs.

    (a) A State submission for approval of a part 68 program must meet 
the criteria and be in accordance with the procedures of this section, 
Sec. 63.91, and, where appropriate, either Sec. 63.92 or Sec. 63.93.
    (b) The State part 68 program application shall contain the 
following elements consistent with the procedures in Sec. 63.91 and, 
where appropriate, either Sec. 63.92 or Sec. 63.93 of this subpart, 
for at least the chemicals listed in part 68 subpart F (``federally-
listed chemicals'') that an approvable State Accidental Release 
Prevention program is regulating:
    (1)(i) A demonstration of the State's authority and resources to 
implement and enforce regulations that are no less stringent than the 
regulations of part 68, subparts A through G and Sec. 68.200 of this 
chapter; and
    (ii) A requirement that any source subject to the State's part 68 
program submit a Risk Management Plan (RMP) that reports at least the 
same information in the same format as required under part 68, subpart G 
of this chapter.
    (2) A State's RMP program may require reporting of information not 
required by the Federal program, and these requirements (like any other 
additional State requirements) will become federally enforceable upon 
approval. The extent to which EPA will be able to help a State collect 
and report additional information through EPA's electronic RMP 
submission system will be determined on a case-by-case basis.
    (3) Procedures for reviewing risk management plans and providing 
technical assistance to stationary sources, including small businesses.
    (4) A demonstration of the State's authority to enforce all part 68 
requirements must be made, including an auditing strategy that complies 
with Sec. 68.220 of this chapter.
    (c) A State may request approval for a program that covers all of 
the federally-listed chemicals (a ``complete program'') or a program 
covering less than all of the federally-listed chemicals (a ``partial 
program'') as long as the State takes delegation of the full part 68 
program for the federally-listed chemicals it regulates.

[65 FR 55843, Sept. 14, 2000]



Sec. 63.96  Review and withdrawal of approval.

    (a) Submission of information for review of approval. (1) The 
Administrator may at any time request any of the following information 
to review the adequacy of implementation and enforcement of an approved 
rule or program and the State shall provide that information within 45 
days of the Administrator's request:

[[Page 131]]

    (i) Copies of any State statutes, rules, regulations or other 
requirements that have amended, repealed or revised the approved State 
rule or program since approval or since the immediately previous EPA 
review;
    (ii) Information to demonstrate adequate State enforcement and 
compliance monitoring activities with respect to all approved State 
rules and with all section 112 rules, emission standards or 
requirements;
    (iii) Information to demonstrate adequate funding, staff, and other 
resources to implement and enforce the State's approved rule or program;
    (iv) A schedule for implementing the State's approved rule or 
program that assures compliance with all section 112 rules and 
requirements that the EPA has promulgated since approval or since the 
immediately previous EPA review,
    (v) A list of part 70 or other permits issued, amended, revised, or 
revoked since approval or since immediately previous EPA review, for 
sources subject to a State rule or program approved under this subpart.
    (vi) A summary of enforcement actions by the State regarding 
violations of section 112 requirements, including but not limited to 
administrative orders and judicial and administrative complaints and 
settlements.
    (2) Upon request by the Administrator, the State shall demonstrate 
that each State rule, emission standard or requirement applied to an 
individual source is no less stringent as applied than the otherwise 
applicable Federal rule, emission standard or requirement.
    (b) Withdrawal of approval of a state rule or program. (1) If the 
Administrator has reason to believe that a State is not adequately 
implementing or enforcing an approved rule or program according to the 
criteria of this section or that an approved rule or program is not as 
stringent as the otherwise applicable Federal rule, emission standard or 
requirements, the Administrator will so inform the State in writing and 
will identify the reasons why the Administrator believes that the 
State's rule or program is not adequate. The State shall then initiate 
action to correct the deficiencies identified by the Administrator and 
shall inform the Administrator of the actions it has initiated and 
completed. If the Administrator determines that the State's actions are 
not adequate to correct the deficiencies, the Administrator will notify 
the State that the Administrator intends to withdraw approval and will 
hold a public hearing and seek public comment on the proposed withdrawal 
of approval. The Administrator will require that comments be submitted 
concurrently to the State. Upon notification of the intent to withdraw, 
the State will notify all sources subject to the relevant approved rule 
or program that withdrawal proceedings have been initiated.
    (2) Based on any public comment received and any response to that 
comment by the State, the Administrator will notify the State of any 
changes in identified deficiencies or actions needed to correct 
identified deficiencies. If the State does not correct the identified 
deficiencies within 90 days after receiving revised notice of 
deficiencies, the Administrator shall withdraw approval of the State's 
rule or program upon a determination that:
    (i) The State no longer has adequate authorities to assure 
compliance or re-sources to implement and enforce the approved rule or 
program, or
    (ii) The State is not adequately implementing or enforcing the 
approved rule or program, or
    (iii) An approved rule or program is not as stringent as the 
otherwise applicable Federal rule, emission standard or requirement.
    (3) The Administrator may withdraw approval for part of a rule, for 
a rule, for part of a program, or for an entire program.
    (4) Any State rule, program or portion of a State rule or program 
for which approval is withdrawn is no longer Federally enforceable. The 
Federal rule, emission standard or requirement that would have been 
applicable in the absence of approval under this will be the federally 
enforceable rule, emission standard or requirement.
    (i) Upon withdrawal of approval, the Administrator will publish an 
expeditious schedule for sources subject to the previously approved 
State rule or program to come into compliance with

[[Page 132]]

applicable Federal requirements. Such schedule shall include interim 
emission limits where appropriate. During this transition, sources must 
be operated in a manner consistent with good air pollution control 
practices for minimizing emissions.
    (ii) Upon withdrawal, the State shall reopen, under the provisions 
of Sec. 70.7(f) of this chapter, the part 70 permit of each source 
subject to the previously approved rules or programs in order to assure 
compliance through the permit with the applicable requirements for each 
source.
    (iii) If the Administrator withdraws approval of State rules 
applicable to sources that are not subject to part 70 permits, the 
applicable State rules are no longer Federally enforceable.
    (iv) If the Administrator withdraws approval of a portion of a State 
rule or program, other approved portions of the State rule or program 
that are not withdrawn shall remain in effect.
    (v) Any applicable Federal emission standard or requirement shall 
remain enforceable by the EPA as specified in section 112(l)(7) of the 
Act.
    (5) If a rule approved under Sec. 63.93 is withdrawn under the 
provisions of Sec. 63.96(b)(2) (i) or (ii), and, at the time of 
withdrawal, the Administrator finds the rule to be no less stringent 
than the otherwise applicable Federal requirement, the Administrator 
will grant equivalency to the previously approved State rule under the 
appropriate provisions of this part.
    (6) A State may submit a new rule, program or portion of a rule or 
program for approval after the Administrator has withdrawn approval of 
the State's rule, program or portion of a rule or program. The 
Administrator will determine whether the new rule or program or portion 
of a rule or program is approvable according to the criteria and 
procedures of Sec. 63.91 and either of Sec. 63.92, Sec. 63.93 or 
Sec. 63.94.
    (7) A State may voluntarily withdraw from an approved State rule, 
program or portion of a rule or program by notifying the EPA and all 
affected sources subject to the rule or program and providing notice and 
opportunity for comment to the public within the State.
    (i) Upon voluntary withdrawal by a State, the Administrator will 
publish a timetable for sources subject to the previously approved State 
rule or program to come into compliance with applicable Federal 
requirements.
    (ii) Upon voluntary withdrawal, the State must reopen and revise the 
part 70 permits of all sources affected by the withdrawal as provided 
for in this section and Sec. 70.7(f), and the Federal rule, emission 
standard, or requirement that would have been applicable in the absence 
of approval under this subpart will become the applicable requirement 
for the source.
    (iii) Any applicable Federal section 112 rule, emission standard or 
requirement shall remain enforceable by the EPA as specified in section 
112(l)(7) of the Act.
    (iv) Voluntary withdrawal shall not be effective sooner than 180 
days after the State notifies the EPA of its intent to voluntarily 
withdraw.

[65 FR 55843, Sept. 14, 2000]



Sec. 63.97  Approval of a State program that substitutes for section 112 

requirements.

    Under this section, a State may seek approval of a State program to 
be implemented and enforced in lieu of specified existing or future 
Federal emission standards or requirements promulgated under section 
112. A State may not seek approval under this section for a program that 
implements and enforces part 68 requirements.
    (a) Up-front approval process. (1) After receiving a complete 
request for approval of a State program submitted under paragraph (b)(1) 
or (b)(2) of this section and making a preliminary determination on 
whether to approve it, the Administrator will seek public comment for 21 
days through a Federal Register notice. At its discretion, the State may 
include in this submittal a request for approval of specific alternative 
requirements under paragraph (b)(3) of this section.
    (2) [Reserved]
    (3) The Administrator will require that comments be submitted 
concurrently to the State.
    (4) If, after review of all public comments and State responses to 
comments submitted to the Administrator, the Administrator finds that 
the criteria of paragraph (b) of this section

[[Page 133]]

and the criteria of Sec. 63.91 are met, the Administrator will approve 
or partially approve the State program. The approved State program will 
be published in the Federal Register and incorporated, directly or by 
reference, in the appropriate subpart of part 63.
    (5) If the Administrator finds that any of the criteria of paragraph 
(b) of this section or Sec. 63.91 have not been met, the Administrator 
will partially approve or disapprove the State program.
    (6) The Administrator will either approve, partially approve, or 
disapprove the State request:
    (i) Within 90 days after receipt of a complete request for approval 
of a State program submitted under paragraph (b)(1) or (b)(2) of this 
section; or
    (ii) Within 180 days after receipt of a complete request for 
approval of a State program submitted under paragraphs (b)(1) or (b)(2) 
and paragraph (b)(3) of this section.
    (b) Criteria for up-front approval. Any request for program approval 
under this section shall meet all of the criteria of this paragraph and 
Sec. 63.91 before approval.
    (1) For every request for program approval under this section, the 
State shall provide the Administrator, to the extent possible, with an 
identification of the initial specific source categories listed pursuant 
to section 112(c) and an identification of all existing and future 
section 112 emission standards or other requirements for which the State 
is seeking authority to implement and enforce alternative requirements 
under this section.
    (2) If, after approval of the initial list of specific source 
categories identified in paragraph (b)(1) of this section, the State 
adds source categories for approval under this option, the State shall 
submit an addendum to the approval submission, and identify the addition 
to the list.
    (3) In addition, the State may provide the Administrator with one or 
more of the following program elements for approval under this 
paragraph:
    (i) Alternative requirements in State rules, regulations, or general 
permits (or other enforceable mechanisms) that apply generically to one 
or more categories of sources and for which the State seeks approval to 
implement and enforce in lieu of specific existing Federal section 112 
emission standards or requirements. The Administrator may approve or 
disapprove the alternative requirements in these rules, regulations, or 
permits when approving or disapproving the State's up-front submittal 
under this paragraph. After approval of the alternative generic rules, 
regulations or general permits, and after new Federal emission standards 
or requirements are promulgated, the State may extend the applicability 
of approved generic alternative requirements to additional source 
categories by repeating the approval process specified in paragraph (a) 
of this section. To be approvable, any request for approval of generic 
alternative requirements during the up-front approval process shall meet 
the criteria in paragraph (d) of this section.
    (ii) A description of the mechanisms that are enforceable as a 
matter of State law that the State will use to implement and enforce 
alternative requirements for area sources. The mechanisms that may be 
approved under this paragraph include title V permits, title V general 
permits, Federal new source review permits, board and administrative 
orders, permits issued pursuant to permit templates, state permits, and 
State rules that apply to categories of sources. The State shall 
demonstrate to the Administrator that the State has adequate resources 
and authorities to implement and enforce alternative section 112 
requirements using the State mechanisms.
    (c) Approval process for alternative requirements. (1) After 
promulgation of a Federal emission standard or requirement for which the 
State has program approval under this section to implement and enforce 
alternative requirements, the State shall provide the Administrator with 
alternative requirements that are sufficient, in the Administrator's 
judgement, to allow the Administrator to determine equivalency under 
paragraph (d) of this section. The alternative requirements shall 
reflect all of the requirements of the otherwise applicable Federal 
section 112 rule, emission standard, or requirement, including any 
alternative requirements that the State is seeking

[[Page 134]]

to implement and enforce. Alternative requirements submitted for 
approval under this paragraph shall be contained in rules, regulations, 
general permits, or other mechanisms that apply to and are enforceable 
under State law for categories of sources. State policies are not 
approvable under this section unless they are incorporated into 
specific, enforceable, alternative requirements in rules, permits, or 
other mechanisms that apply to categories of sources.
    (2) [Reserved]
    (3) After receiving a complete request for approval under this 
section and making a preliminary determination on its equivalence, the 
Administrator will seek public comment for a minimum of 21 days through 
a Federal Register notice. The Administrator will require that comments 
be submitted concurrently to the State.
    (4) If, after review of public comments and any State responses to 
comments submitted to the Administrator, the Administrator finds that 
the criteria of paragraph (d) of this section and the criteria of Sec. 
63.91 are met, the Administrator will approve the State's alternative 
requirements. The approved alternative requirements will be published in 
the Federal Register and incorporated, directly or by reference, in the 
appropriate subpart of part 63.
    (5) If the Administrator finds that any of the requirements of 
paragraph (d) of this section or Sec. 63.91 have not been met, the 
Administrator will partially approve or disapprove the State's 
alternative requirements. For any partial approvals or disapprovals, the 
Administrator will provide the State with the basis for the partial 
approval or disapproval and what action the State can take to make the 
alternative requirements approvable.
    (6) Within 180 days of receiving a complete request for approval 
under this paragraph, the Administrator will either approve, partially 
approve, or disapprove the State request.
    (7) Nothing in this section precludes the State from submitting 
alternative requirements for approval under this paragraph at the same 
time the State submits its program to the Administrator for up-front 
approval under paragraph (a) of this section, provided that the Federal 
rules, emission standards, or requirements for which the State submits 
alternative requirements are promulgated at the time of the State's 
submittal. If the Administrator finds that the criteria of Sec. 63.91 
and the criteria of paragraphs (b) and (d) of this section are met, the 
Administrator will approve both the State program and the alternative 
requirements within 180 days of receiving a complete request for 
approval. Alternatively, following up-front approval, the State may 
submit alternative requirements for approval under this paragraph at any 
time after promulgation of the Federal emission standards or 
requirements.
    (d) Approval criteria for alternative requirements. Any request for 
approval under this paragraph shall meet the following criteria. Taken 
together, the criteria in this paragraph describe the minimum contents 
of a State's equivalency demonstration for a promulgated Federal section 
112 rule, emission standard, or requirement. To be approvable, the State 
submittal must contain sufficient detail to allow the Administrator to 
make a determination of equivalency between the State's alternative 
requirements and the Federal requirements. Each submittal of alternative 
requirements for a category of sources shall:
    (1) Include copies of all State rules, regulations, permits, or 
other enforceable mechanisms that contain the alternative requirements 
for which the State is seeking approval. These documents shall also 
contain requirements that reflect all of the requirements of the 
otherwise applicable Federal section 112 rules, emission standards or 
requirements for which the State is not submitting alternatives. The 
State shall identify for the Administrator the specific requirements 
with which sources in a source category are required to comply, 
including the specific alternative requirements.
    (2) Identify specifically how the alternative requirements are the 
same as or differ from the requirements in the otherwise applicable 
Federal rule, emission standards, or requirements (including any 
applicable requirements

[[Page 135]]

in subpart A or other subparts or appendices). The State shall provide 
this identification in a side-by-side comparison of the State's 
requirements and the requirements of the Federal rule, emission 
standards, or requirements.
    (3) The State shall provide the Administrator with detailed 
documentation that demonstrates the State's belief that the alternative 
requirements meet the criteria specified in Sec. 63.93(b) of this 
subpart, i.e., that the alternative requirements are at least as 
stringent as the otherwise applicable Federal requirements.

[65 FR 55844, Sept. 14, 2000]



Sec. 63.98  [Reserved]



Sec. 63.99  Delegated Federal authorities.

    (a) This section lists the specific source categories that have been 
delegated to the air pollution control agencies in each State under the 
procedures described in this subpart.
    (1) Alabama. (i) The following table lists the specific part 63 
standards that have been delegated unchanged to the Alabama Department 
of Environmental Management for all sources. The ``X'' symbol is used to 
indicate each subpart that has been delegated. The delegations are 
subject to all of the conditions and limitations set forth in Federal 
law, regulations, policy, guidance, and determinations. Some authorities 
cannot be delegated and are retained by EPA. These include certain 
General Provisions authorities and specific parts of some standards.

        Part 63 Major & Area Source Rule Delegations--Alabama \1\
------------------------------------------------------------------------
            Source category      Subpart    ADEM \2\  JCDH \3\  HDNR \4\
------------------------------------------------------------------------
1.......  HON................  F, G, H, I   X         X         X
2.......  Polyvinyl Chloride   J
           & Co-polymers,
           VACATED on 5/11/05.
3.......  Coke Ovens.........  L            X         X         X
4.......  Dry Cleaners.......  M            X         X         X
5.......  Chromium             N            X         X         X
           Electroplating.
6.......  EtO Commercial       O            X         X         X
           Sterilization.
7.......  Chromium Cooling     Q            X         X         X
           Towers.
8.......  Gasoline             R            X         X         X
           Distribution
           (stage 1).
9.......  Pulp & Paper I.....  S            X         X         X
10......  Halogenated Solvent  T            X         X         X
           Cleaning.
11......  Polymer & Resins 1.  U            X         X         X
12......  Polymer & Resins 2.  W            X         X         X
13......  Secondary Lead       X            X         X         X
           Smelters.
14......  Marine Tank Vessel   Y            X         X
           Loading.
15......  Phosphoric Acid Mfg  AA           X         X         X
16......  Phosphate            BB           X         X         X
           Fertilizers Prod.
17......  Petroleum            CC           X         X         X
           Refineries.
18......  Offsite Waste &      DD           X         X         X
           Recovery.
             Tanks; Level 1..  OO           X         X         X
             Containers......  PP           X         X         X
             Surface           QQ           X         X         X
              Impoundments.
             Drain Systems...  RR           X         X         X
             Oil-Water         VV           X         X         X
              Separators.
19......  Magnetic Tape......  EE           X         X         X
20......  Aerospace Industry.  GG           X         X         X
21......  Oil & Natural Gas    HH           X         X         X
           Prod.
             Area Source
              Requirements
              ..
22..........................  Shipbuilding and Repair  II                            X
23..........................  Wood Furniture Mfg.....  JJ                            X
24..........................  Printing & Publishing..  KK                            X
25..........................  Primary Aluminum.......  LL                            X
26..........................  Pulp & Paper II          MM                            X
                               (Combustion sources).
27..........................  Generic MACT:
                                 Control Devices.....  SS                            X
                                 Eq. Leaks--Level 1..  TT                            X
                                 Eq. Leaks--Level 2..  UU                            X
                                 Tanks--Level 2......  WW                            X
28..........................  Generic MACT:
                                 Ethylene Mfg........  XX & YY                       X
                                 Carbon Black........  YY                            X
                                 Spandex Prod........  YY                            X
                                 Cyanide Chemical Mfg  YY                            X
                                 Acetal Resins.......  YY                            X
                                 Acrylic/Modacrylic    YY                            X
                                  Fibers.
                                 Hydrogen Fluoride     YY                            X
                                  Prod.
                                 Polycarbonates Prod.  YY                            X
29..........................  Steel Pickeling........  CCC                           X
30..........................  Mineral Wool Prod......  DDD                           X
31..........................  Hazardous Waste          EEE                           X
                               Combustion (Phase I).
32..........................  Boilers that burn Haz.   EEE                           X
                               Waste (Phase II).
33..........................  HCL Prod. Furnaces       EEE                           X
                               burning Haz. Waste (P
                               II).
34..........................  Pharmaceutical Prod....  GGG                           X
35..........................  Nat. Gas Transmission &  HHH                           X
                               Storage.
36..........................  Flexible Polyurethane    III                           X
                               Foam Prod.
37..........................  Polymer & Resins 4.....  JJJ                           X
38..........................  Portland Cement........  LLL                           X
39..........................  Pesticide Active         MMM                           X
                               Ingredients.
40..........................  Wool Fiberglass........  NNN                           X
41..........................  Polymer & Resins 3       OOO                           X
                               (Amino & Phenolic).
42..........................  Polyether Polyols Prod.  PPP                           X
43..........................  Primary Copper.........  QQQ                           X
44..........................  Secondary Aluminum Prod  RRR                           X
45..........................  Primary Lead Smelting..  TTT                           X
46..........................  Petro Refineries (FCC    UUU                           X
                               units).
47..........................  POTW...................  VVV                           X
48..........................  Ferroalloys............  XXX                           X
49..........................  Municipal Landfills....  AAAA                          X
50..........................  Nutritional Yeast......  CCCC                          X
51..........................  Plywood and Composite    DDDD                          X
                               Wood Prod. (Partial
                               Vacatur Oct. 07).
52..........................  Organic Liquids          EEEE                          X
                               Distribution (non-gas).
53..........................  Misc. Organic NESHAP...  FFFF                          X
54..........................  Vegetable Oil..........  GGGG                          X
55..........................  Wet Formed Fiberglass..  HHHH                          X
56..........................  Auto & Light Duty Truck  IIII                          X
                               (coating).
57..........................  Paper & Other Webs.....  JJJJ                          X
58..........................  Metal Can (coating)....  KKKK                          X
59..........................  Misc. Metal Parts        MMMM                          X
                               (coating).
60..........................  Large Appliances         NNNN                          X
                               (coating).

[[Page 147]]

 
61..........................  Printing, Coating, &     OOOO                          X
                               Dyeing Fabrics.
62..........................  Plastic Parts &          PPPP                          X
                               Products (coating).
63..........................  Wood Building Products.  QQQQ                          X
64..........................  Metal Furniture          RRRR                          X
                               (coating).
65..........................  Metal Coil (coating)...  SSSS                          X
66..........................  Leather Tanning &        TTTT                          X
                               Finishing.
67..........................  Cellulose Ethers Prod.   UUUU                          X
                               Misc. Viscose
                               Processes.
68..........................  Boat Manufacturing.....  VVVV                          X
69..........................  Reinforced Plastic       WWWW                          X
                               Composites.
70..........................  Rubber Tire Mfg........  XXXX                          X
71..........................  Stationary Combustion    YYYY                          X
                               Turbines.
72..........................  Reciprocating Int.       ZZZZ                          X
                               Combustion Engines.
                                 Area Source
                                  Requirements ..
73..........................  Lime Manufacturing.....  AAAAA                         X
74..........................  Semiconductor            BBBBB                         X
                               Production.
75..........................  Coke Ovens: (Push/       CCCCC                         X
                               Quench/Battery/Stacks).
76..........................  Industrial/Commercial/   DDDDD
                               Institutional Boilers
                               & Process Heaters,
                               VACATED on 7/30/07.
77..........................  Iron Foundries.........  EEEEE                         X
78..........................  Integrated Iron & Steel  FFFFF                         X
79..........................  Site Remediation.......  GGGGG                         X
80..........................  Misc. Coating            HHHHH                         X
                               Manufacturing.
81..........................  Mercury Cell Chlor-      IIIII                         X
                               Alkali.
82..........................  Brick & Structural Clay  JJJJJ                         X
                               Products, VACATED on 6/
                               18/07.
83..........................  Clay Ceramics            KKKKK                         X
                               Manufacturing, VACATED
                               on 6/18/07.
84..........................  Asphalt Roofing &        LLLLL                         X
                               Processing.
85..........................  Flex. Polyurethane Foam  MMMMM                         X
                               Fabrication.
86..........................  Hydrochloric Acid Prod/  NNNNN                         X
                               Fumed Silica.
87..........................  Engine & Rocket Test     PPPPP                         X
                               Facilities.
88..........................  Friction Materials       QQQQQ                         X
                               Manufacturing.
89..........................  Taconite Iron Ore......  RRRRR                         X
90..........................  Refactories............  SSSSS                         X
91..........................  Primary Magnesium......  TTTTT                         X
----------------------------------------------------------------------------------------------------------------
                                                Area Source Rules
----------------------------------------------------------------------------------------------------------------
92..........................  Hospital Sterilizers...  WWWWW
93..........................  Stainless and            YYYYY                         X
                               Nonstainless Steel
                               Mfg. Electric Arc
                               Furnaces.
94..........................  Iron & Steel foundries.  ZZZZZ                         X
95..........................  Gasoline Distribution--  BBBBBB
                               Bulk.
96..........................  Gasoline Dispensing      CCCCCC
                               Facilities.
97..........................  PVC & Copolymers Prod..  DDDDDD                        X
98..........................  Primary Copper.........  EEEEEE                        X
99..........................  Secondary Copper         FFFFFF                        X
                               Smelting.
100.........................  Primary Nonferrous       GGGGGG                        X
                               Metals.
101.........................  Paint Stripping........  HHHHHH
                              Auto-Body Refinishing..
                              Plastic Parts & Prod.
                               (coating).
102.........................  Acrylic/Modacrylic       LLLLLL                        X
                               Fibers Prod.
103.........................  Carbon Black Prod......  MMMMMM                        X
104.........................  Chemical Mfg. Chrom....  NNNNNN                        X
105.........................  Flex. Polyurethane Foam  OOOOOO                        X
                               Fab.
                              Flex. Polyurethane Foam
                               Prod.
106.........................  Lead Acid Battery Mfg..  PPPPPP                        X
107.........................  Wood Preserving........  QQQQQQ                        X
108.........................  Clay Ceramics Mfg......  RRRRRR                        X
109.........................  Glass Mfg..............  SSSSSS                        X
110.........................  Secondary Nonferrous     TTTTTT                        X
                               Metals.
110.........................  Plating and Polishing..  WWWWWW
112.........................  Industrial Mach. & Eq.   XXXXXX
                               Finishing.
                              Elect. & Electronics
                               Eq. Finishing.
                              Fabricated Metal Prod..
                              Fabricated Plate Work
                               (Boiler Shop).
                              Fabricated Structural
                               Metal Mfg.
                              Heating Eq. Mfg........
                              Iron and Steel Forging.
                              Primary Metals Prod.
                               Mfg.
                              Valves and Pipe
                               Fittings Mfg.
113.........................  Ferroalloys Production.  YYYYYY
                              Ferro/Silico Manganese
----------------------------------------------------------------------------------------------------------------
\1\ State program approved on October 1, 2001. Delegation table last updated on December 19, 2008.


[[Page 148]]

    (ii) [Reserved]
    (11) Georgia. (i) The following table lists the specific part 63 
standards that have been delegated unchanged to the Georgia 
Environmental Protection Division (GEPD) for all sources. The ``X'' 
symbol is used to indicate each subpart that has been delegated. The 
delegations are subject to all of the conditions and limitations set 
force in Federal law, regulations, policy, guidance, and determinations. 
Some authorities cannot be delegated and are retained by EPA. These 
include certain General Provisions authorities and specific parts of 
some standards.

                            Part 63 Major & Area Source Rule Delegations--Georgia \1\
----------------------------------------------------------------------------------------------------------------
                                  Source category                 Subpart                        GEPD
----------------------------------------------------------------------------------------------------------------
1...........................  HON....................  F, G, H, I                    X
2...........................  Polyvinyl Chloride & Co- J                             X
                               polymers VACATED on 5/
                               11/05.
3...........................  Coke Ovens.............  L                             X
4...........................  Dry Cleaners...........  M                             X
5...........................  Chromium Electroplating  N                             X
6...........................  EtO Commercial           O                             X
                               Sterilization.
7...........................  Chromium Cooling Towers  Q                             X
8...........................  Gasoline Distribution    R                             X
                               (stage 1).
9...........................  Pulp & Paper I.........  S                             X
10..........................  Halogenated Solvent      T                             X
                               Cleaning.
11..........................  Polymer & Resins 1.....  U                             X
12..........................  Polymer & Resins 2.....  W                             X
13..........................  Secondary Lead Smelters  X                             X
14..........................  Marine Tank Vessel       Y                             X
                               Loading.
15..........................  Phosphoric Acid Mfg....  AA                            X
16..........................  Phosphate Fertilizers    BB                            X
                               Prod.
17..........................  Petroleum Refineries...  CC                            X
18..........................  Offsite Waste &          DD                            X
                               Recovery.
                                 Tanks; Level 1......  OO                            X
                                 Containers..........  PP                            X
                                 Surface Impoundments  QQ                            X
                                 Drain Systems.......  RR                            X
                                 Oil-Water Separators  VV                            X
19..........................  Magnetic Tape..........  EE                            X
20..........................  Aerospace Industry.....  GG                            X
21..........................  Oil & Natural Gas Prod.  HH                            X
                                 Area Source
                                  Requirements ..
22..........................  Shipbuilding and Repair  II                            X
23..........................  Wood Furniture Mfg.....  JJ                            X
24..........................  Printing & Publishing..  KK                            X
25..........................  Primary Aluminum.......  LL
26..........................  Pulp & Paper II          MM                            X
                               (Combustion sources).
27..........................  Generic MACT:
                                 Control Devices.....  SS                            X
                                 Eq. Leaks--Level 1..  TT                            X
                                 Eq. Leaks--Level 2..  UU                            X
                                 Tanks--Level 2......  WW                            X
28..........................  Generic MACT:
                                 Ethylene Mfg........  XX & YY                       X
                                 Carbon Black........  YY                            X
                                 Spandex Prod........  YY                            X
                                 Cyanide Chemical Mfg  YY                            X
                                 Acetal Resins.......  YY                            X
                                 Acrylic/Modacrylic    YY                            X
                                  Fibers.
                                 Hydrogen Fluoride     YY                            X
                                  Prod.
                                 Polycarbonates Prod.  YY                            X
29..........................  Steel Pickeling........  CCC                           X
30..........................  Mineral Wool Prod......  DDD                           X
31..........................  Hazardous Waste          EEE                           X
                               Combustion (Phase I).
32..........................  Boilers that burn Haz.   EEE                           X
                               Waste (Phase II).
33..........................  HCL Prod. Furnaces       EEE                           X
                               burning Haz. Waste (P
                               II).
34..........................  Pharmaceutical Prod....  GGG                           X
35..........................  Nat. Gas Transmission &  HHH                           X
                               Storage.
36..........................  Flexible Polyurethane    I I I                         X
                               Foam Prod.
37..........................  Polymer & Resins 4.....  JJJ                           X
38..........................  Portland Cement........  LLL                           X
39..........................  Pesticide Active         MMM                           X
                               Ingredients.
40..........................  Wool Fiberglass........  NNN                           X
41..........................  Polymer & Resins 3       OOO                           X
                               (Amino & Phenolic).
42..........................  Polyether Polyols Prod.  PPP                           X

[[Page 149]]

 
43..........................  Primary Copper.........  QQQ                           X
44..........................  Secondary Aluminum Prod  RRR                           X
45..........................  Primary Lead Smelting..  TTT                           X
46..........................  Petro Refineries (FCC    UUU                           X
                               units).
47..........................  POTW...................  VVV                           X
48..........................  Ferroalloys............  XXX                           X
49..........................  Municipal Landfills....  AAAA                          X
50..........................  Nutritional Yeast......  CCCC                          X
51..........................  Plywood and Composite    DDDD                          X
                               Wood Prod. (Partial
                               Vacatur Oct. 07).
52..........................  Organic Liquids          EEEE                          X
                               Distribution (non-gas).
53..........................  Misc. Organic NESHAP...  FFFF                          X
54..........................  Vegetable Oil..........  GGGG                          X
55..........................  Wet Formed Fiberglass..  HHHH                          X
56..........................  Auto & Light Duty Truck  IIII                          X
                               (coating).
57..........................  Paper & Other Webs.....  JJJJ                          X
58..........................  Metal Can (coating)....  KKKK                          X
59..........................  Misc. Metal Parts        MMMM                          X
                               (coating).
60..........................  Large Appliances         NNNN                          X
                               (coating).
61..........................  Printing, Coating, &     OOOO                          X
                               Dyeing Fabrics.
62..........................  Plastic Parts &          PPPP                          X
                               Products (coating).
63..........................  Wood Building Products.  QQQQ                          X
64..........................  Metal Furniture          RRRR                          X
                               (coating).
65..........................  Metal Coil (coating)...  S S S S                       X
66..........................  Leather Tanning &        TTTT                          X
                               Finishing.
67..........................  Cellulose Ethers Prod.   UUUU                          X
                               Misc. Viscose
                               Processes.
68..........................  Boat Manufacturing.....  VVVV                          X
69..........................  Reinforced Plastic       WWWW                          X
                               Composites.
70..........................  Rubber Tire Mfg........  XXXX                          X
71..........................  Stationary Combustion    YYYY                          X
                               Turbines.
72..........................  Reciprocating Int.       ZZZZ                          X
                               Combustion Engines.
                                 Area Source
                                  Requirements ..
73..........................  Lime Manufacturing.....  AAAAA                         X
74..........................  Semiconductor            BBBBB                         X
                               Production.
75..........................  Coke Ovens: (Push/       CCCCC                         X
                               Quench/Battery/Stacks).
76..........................  Industrial/Commercial/   DDDDD
                               Institutional Boilers
                               & Process Heaters,
                               VACATED on 7/30/07.
77..........................  Iron Foundries.........  EEEEE                         X
78..........................  Integrated Iron & Steel  FFFFF                         X
79..........................  Site Remediation.......  GGGGG                         X
80..........................  Misc. Coating            HHHHH                         X
                               Manufacturing.
81..........................  Mercury Cell Chlor-      IIIII                         X
                               Alkali.
82..........................  Brick & Structural Clay  JJJJJ
                               Products, VACATED on 6/
                               18/07.
83..........................  Clay Ceramics            KKKKK
                               Manufacturing, VACATED
                               on 6/18/07.
84..........................  Asphalt Roofing &        LLLLL                         X
                               Processing.
85..........................  Flex. Polyurethane Foam  MMMMM                         X
                               Fabrication.
86..........................  Hydrochloric Acid Prod/  NNNNN                         X
                               Fumed Silica.
87..........................  Engine & Rocket Test     PPPPP                         X
                               Facilities.
88..........................  Friction Materials       QQQQQ                         X
                               Manufacturing.
89..........................  Taconite Iron Ore......  RRRRR                         X
90..........................  Refactories............  SSSSS                         X
91..........................  Primary Magnesium......  TTTTT                         X
----------------------------------------------------------------------------------------------------------------
                                                Area Source Rules
----------------------------------------------------------------------------------------------------------------
92..........................  Hospital Sterilizers...  WWWWW
93..........................  Stainless and            YYYYY
                               Nonstainless Steel
                               Mfg. Electric Arc
                               Furnaces.
94..........................  Iron & Steel foundries.  ZZZZZ
95..........................  Gasoline Distribution--  BBBBBB
                               Bulk.
96..........................  Gasoline Dispensing      CCCCCC
                               Facilities.
97..........................  PVC & Copolymers Prod..  DDDDDD
98..........................  Primary Copper.........  EEEEEE
99..........................  Secondary Copper         FFFFFF
                               Smelting.
100.........................  Primary Nonferrous       GGGGGG
                               Metals.
                              Paint Stripping........
101.........................  Auto-Body Refinishing..  HHHHHH
                              Plastic Parts & Prod.
                               (coating).
102.........................  Acrylic/Modacrylic       LLLLLL
                               Fibers Prod.
103.........................  Carbon Black Prod......  MMMMMM
104.........................  Chemical Mfg. Chrom....  NNNNNN

[[Page 150]]

 
                              Flex. Polyurethane Foam
                               Fab.
105.........................  Flex. Polyurethane Foam  OOOOOO
                               Prod.
106.........................  Lead Acid Battery Mfg..  PPPPPP
107.........................  Wood Preserving........  QQQQQQ
108.........................  Clay Ceramics Mfg......  RRRRRR
109.........................  Glass Mfg..............  SSSSSS
110.........................  Secondary Nonferrous     TTTTTT
                               Metals.
110.........................  Plating and Polishing..  WWWWWW
112.........................  Industrial Mach. & Eq.   XXXXXX
                               Finishing.
                              Elect. & Electronics
                               Eq. Finishing.
                              Fabricated Metal Prod..
                              Fabricated Plate Work
                               (Boiler Shop).
                              Fabricated Structural
                               Metal Mfg.
                              Heating Eq. Mfg........
                              Iron and Steel Forging.
                              Primary Metals Prod.
                               Mfg.
                              Valves and Pipe
                               Fittings Mfg.
113.........................  Ferroalloys Production.  YYYYYY
                              Ferro/Silico Manganese
----------------------------------------------------------------------------------------------------------------
\1\ State program approved on June 8, 2000. Delegation table last updated on September 15, 2008.

    (ii) Georgia Environmental Protection Division (GEPD) may implement 
and enforce alternative requirements in the form of title V permit terms 
and conditions for International Paper Augusta Mill, Augusta, Georgia, 
for subpart S of this part--National Emission Standards for Hazardous 
Air Pollutants from the Pulp and Paper Industry. This action is 
contingent upon GEPD including, in title V permits, terms and conditions 
that are no less stringent than the Federal standard. In addition, the 
requirement applicable to the source remains the Federal section 112 
requirement until EPA has approved the alternative permit terms and 
conditions and the final title V permit is issued.
    (12) [Reserved]
    (13) Idaho. (i) The following table lists the specific part 63 
subparts that have been delegated unchanged to the Idaho Department of 
Environmental Quality. The (X) symbol indicates that all or part of the 
subpart is delegated, subject to the conditions and limits in EPA's 
action:

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

[[Page 151]]

 
JJJ. Polymers and Resins IV.....................................      X
LLL. Portland Cement Manufacturing..............................      X
MMM. Pesticide Active Ingredient Production.....................      X
NNN. Wool Fiberglass Manufacturing..............................      X
OOO. Manufacture of Amino Phenolic Resins.......................      X
PPP. Polyether Polyols Production...............................      X
RRR. Secondary Aluminum Production..............................      X
TTT. Primary Lead Smelting......................................      X
VVV. Publicly Owned Treatment Works.............................      X
XXX. Ferroalloys Production: Ferromanganese & Silicomanganese...     X
------------------------------------------------------------------------
\1\ Delegation is for major sources only and subject to all federal law,
  regulations, policy and guidance.

    (ii) [Reserved]
    (14)-(17) [Reserved]
    (18) Kentucky.
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the Kentucky Department of 
Environmental Protection for all sources. The ``X'' symbol is used to 
indicate each subpart that has been delegated. The delegations are 
subject to all of the conditions and limitations set forth in Federal 
law, regulations, policy, guidance, and determinations. Some authorities 
cannot be delegated and are retained by EPA. These include certain 
General Provisions authorities and specific parts of some standards.

      Part 63 Major and Area Source Rule Delegations--Kentucky \1\
------------------------------------------------------------------------
               Source category       Subpart       KDEP \2\    LAPCD \3\
------------------------------------------------------------------------
1............  HON............  F,G,H,I.........          X           X
2............  Polyvinyl        J...............  ..........
                Chloride & Co-
                polymers
                VACATED on 5/
                11/05.
3............  Coke Ovens.....  L...............          X           X
4............  Dry Cleaners...  M...............          X           X
5............  Chromium         N...............          X           X
                Electroplating.
6............  EtO Commercial   O...............          X           X
                Sterilization.
7............  Chromium         Q...............          X           X
                Cooling Towers.
8............  Gasoline         R...............          X           X
                Distribution
                (stage 1).
9............  Pulp & Paper I.  S...............          X           X
10...........  Halogenated      T...............          X           X
                Solvent
                Cleaning.
11...........  Polymer &        U...............          X           X
                Resins 1.
12...........  Polymer &        W...............          X           X
                Resins 2.
13...........  Secondary Lead   X...............          X           X
                Smelters.
14...........  Marine Tank      Y...............          X           X
                Vessel Loading.
15...........  Phosphoric Acid  AA..............          X           X
                Mfg.
16...........  Phosphate        BB..............          X           X
                Fertilizers
                Prod.
17...........  Petroleum        CC..............          X           X
                Refineries.
18...........  Offsite Waste &  DD..............          X           X
                Recovery.
                  Tanks; Level  OO..............          X           X
                   1.
                  Containers..  PP..............          X           X
                  Surface       QQ..............          X           X
                   Impoundment
                   s.
                  Drain         RR..............          X           X
                   Systems.
                  Oil-Water     VV..............          X           X
                   Separators.
19...........  Magnetic Tape..  EE..............          X           X
20...........  Aerospace        GG..............          X           X
                Industry.
21...........  Oil & Natural    HH..............          X           X
                Gas Prod.
                  Area Source   X...............  ..........
                   Requirement
                   s ..
22..........................  Shipbuilding and Repair  II                            X
23..........................  Wood Furniture Mfg.....  JJ                            X
24..........................  Printing & Publishing..  KK                            X
25..........................  Primary Aluminum.......  LL                            X
26..........................  Pulp & Paper II          MM                            X
                               (Combustion sources).
27..........................  Generic MACT:
                                 Control Devices.....  SS                            X
                                 Eq. Leaks--Level 1..  TT                            X
                                 Eq. Leaks--Level 2..  UU                            X
                                 Tanks--Level 2......  WW                            X
28..........................  Generic MACT:
                                 Ethylene Mfg........  XX & YY                       X
                                 Carbon Black........  YY                            X
                                 Spandex Prod........  YY                            X
                                 Cyanide Chemical Mfg  YY                            X
                                 Acetal Resins.......  YY                            X
                                 Acrylic/Modacrylic    YY                            X
                                  Fibers.
                                 Hydrogen Fluoride     YY                            X
                                  Prod.
                                 Polycarbonates Prod.  YY                            X
29..........................  Steel Pickeling........  CCC                           X
30..........................  Mineral Wool Prod......  DDD                           X
31..........................  Hazardous Waste          EEE                           X
                               Combustion (Phase I).
32..........................  Boilers that burn Haz.   EEE                           X
                               Waste (Phase II).
33..........................  HCL Prod. Furnaces       EEE                           X
                               burning Haz. Waste (P
                               II).
34..........................  Pharmaceutical Prod....  GGG                           X
35..........................  Nat. Gas Transmission &  HHH                           X
                               Storage.
36..........................  Flexible Polyurethane    III                           X
                               Foam Prod.
37..........................  Polymer & Resins 4.....  JJJ                           X

[[Page 158]]

 
38..........................  Portland Cement........  LLL                           X
39..........................  Pesticide Active         MMM                           X
                               Ingredients.
40..........................  Wool Fiberglass........  NNN                           X
41..........................  Polymer & Resins 3       OOO                           X
                               (Amino & Phenolic).
42..........................  Polyether Polyols Prod.  PPP                           X
43..........................  Primary Copper.........  QQQ                           X
44..........................  Secondary Aluminum Prod  RRR                           X
45..........................  Primary Lead Smelting..  TTT                           X
46..........................  Petro Refineries (FCC    UUU                           X
                               units).
47..........................  POTW...................  VVV                           X
48..........................  Ferroalloys............  XXX                           X
49..........................  Municipal Landfills....  AAAA                          X
50..........................  Nutritional Yeast......  CCCC                          X
51..........................  Plywood and Composite    DDDD                          X
                               Wood Prod. (Partial
                               Vacatur Oct. 07).
52..........................  Organic Liquids          EEEE                          X
                               Distribution (non-gas).
53..........................  Misc. Organic NESHAP...  FFFF                          X
54..........................  Vegetable Oil..........  GGGG                          X
55..........................  Wet Formed Fiberglass..  HHHH                          X
56..........................  Auto & Light Duty Truck  IIII                          X
                               (coating).
57..........................  Paper & Other Webs.....  JJJJ                          X
58..........................  Metal Can (coating)....  KKKK                          X
59..........................  Misc. Metal Parts        MMMM                          X
                               (coating).
60..........................  Large Appliances         NNNN                          X
                               (coating).
61..........................  Printing, Coating, &     OOOO                          X
                               Dyeing Fabrics.
62..........................  Plastic Parts &          PPPP                          X
                               Products (coating).
63..........................  Wood Building Products.  QQQQ                          X
64..........................  Metal Furniture          RRRR                          X
                               (coating).
65..........................  Metal Coil (coating)...  SSSS                          X
66..........................  Leather Tanning &        TTTT                          X
                               Finishing.
67..........................  Cellulose Ethers Prod.   UUUU                          X
                               Misc. Viscose
                               Processes.
68..........................  Boat Manufacturing.....  VVVV                          X
69..........................  Reinforced Plastic       WWWW                          X
                               Composites.
70..........................  Rubber Tire Mfg........  XXXX                          X
71..........................  Stationary Combustion    YYYY                          X
                               Turbines.
72..........................  Reciprocating Int.       ZZZZ                          X
                               Combustion Engines.
                                 Area Source
                                  Requirements ..
73..........................  Lime Manufacturing.....  AAAAA                         X
74..........................  Semiconductor            BBBBB                         X
                               Production.
75..........................  Coke Ovens: (Push/       CCCCC                         X
                               Quench/Battery/Stacks).
76..........................  Industrial/Commercial/   DDDDD
                               Institutional Boilers
                               & Process Heaters,
                               VACATED on 7/30/07.
77..........................  Iron Foundries.........  EEEEE                         X
78..........................  Integrated Iron & Steel  FFFFF                         X
79..........................  Site Remediation.......  GGGGG                         X
80..........................  Misc. Coating            HHHHH                         X
                               Manufacturing.
81..........................  Mercury Cell Chlor-      IIIII                         X
                               Alkali.
82..........................  Brick & Structural Clay  JJJJJ
                               Products, VACATED on 6/
                               18/07.
83..........................  Clay Ceramics            KKKKK
                               Manufacturing, VACATED
                               on 6/18/07.
84..........................  Asphalt Roofing &        LLLLL                         X
                               Processing.
85..........................  Flex. Polyurethane Foam  MMMMM                         X
                               Fabrication.
86..........................  Hydrochloric Acid Prod/  NNNNN                         X
                               Fumed Silica.
87..........................  Engine & Rocket Test     PPPPP                         X
                               Facilities.
88..........................  Friction Materials       QQQQQ                         X
                               Manufacturing.
89..........................  Taconite Iron Ore......  RRRRR                         X
90..........................  Refactories............  SSSSS                         X
91..........................  Primary Magnesium......  TTTTT                         X
----------------------------------------------------------------------------------------------------------------
                                                Area Source Rules
----------------------------------------------------------------------------------------------------------------
92..........................  Hospital Sterilizers...  WWWWW                         X
93..........................  Stainless and            YYYYY                         X
                               Nonstainless Steel
                               Mfg. Electric Arc
                               Furnaces.
94..........................  Iron & Steel foundries.  ZZZZZ                         X
95..........................  Gasoline Distribution--  BBBBBB                        X
                               Bulk.
96..........................  Gasoline Dispensing      CCCCCC                        X
                               Facilities.
97..........................  PVC & Copolymers Prod..  DDDDDD                        X
98..........................  Primary Copper.........  EEEEEE                        X
99..........................  Secondary Copper         FFFFFF                        X
                               Smelting.
100.........................  Primary Nonferrous       GGGGGG                        X
                               Metals.
                              Paint Stripping

[[Page 159]]

 
101.........................  Auto-Body Refinishing..  HHHHHH
                              Plastic Parts & Prod.
                               (coating)
102.........................  Acrylic/Modacrylic       LLLLLL                        X
                               Fibers Prod.
103.........................  Carbon Black Prod......  MMMMMM                        X
104.........................  Chemical Mfg. Chrom....  NNNNNN                        X
                              Flex. Polyurethane Foam
                               Fab.
105.........................  Flex. Polyurethane Foam  OOOOOO                        X
                               Prod.
106.........................  Lead Acid Battery Mfg..  PPPPPP                        X
107.........................  Wood Preserving........  QQQQQQ                        X
108.........................  Clay Ceramics Mfg......  RRRRRR                        X
109.........................  Glass Mfg..............  SSSSSS                        X
110.........................  Secondary Nonferrous     TTTTTT                        X
                               Metals.
110.........................  Plating and Polishing..  WWWWWW                        X
112.........................  Heating Eq. Mfg........  XXXXXX                        X
                              Industrial Mach. & Eq.
                               Finishing.
                              Elect. & Electronics
                               Eq. Finishing.
                              Fabricated Metal Prod..
                              Fabricated Plate Work
                               (Boiler Shop).
                              Fabricated Structural
                               Metal Mfg.
                              Iron and Steel Forging.
                              Primary Metals Prod.
                               Mfg.
                              Valves and Pipe
                               Fittings Mfg.
113.........................  Ferroalloys Production.  YYYYYY
                              Ferro/Silico Manganese.
----------------------------------------------------------------------------------------------------------------
\1\ State program approved on December 28, 1994. Delegation table last updated on November 3, 2008.

    (ii) [Reserved]
    (26)-(28) [Reserved]
    (29) Nevada. (i) The following table lists the specific part 63 
standards that have been delegated unchanged to the air pollution 
control agencies in the State of Nevada. The (X) symbol is used to 
indicate each category that has been delegated.

                                 Delegation Status for Part 63 Standards--Nevada
----------------------------------------------------------------------------------------------------------------
             Subpart                      Description              NDEP \1\        Washoe \2\       Clark \3\
----------------------------------------------------------------------------------------------------------------
A...............................  General Provisions.........               X                X                X
F...............................  Synthetic Organic Chemical                X   ...............               X
                                   Manufacturing Industry.
G...............................  Synthetic Organic Chemical                X   ...............               X
                                   Manufacturing Industry:
                                   Process Vents, Storage
                                   Vessels, Transfer
                                   Operations, and Wastewater.
H...............................  Organic Hazardous Air                     X   ...............               X
                                   Pollutants: Equipment
                                   Leaks.
I...............................  Organic Hazardous Air                     X   ...............               X
                                   Pollutants: Certain
                                   Processes Subject to the
                                   Negotiated Regulation for
                                   Equipment Leaks.
J...............................  Polyvinyl Chloride and                    X   ...............               X
                                   Copolymers Production.
L...............................  Coke Oven Batteries........               X   ...............               X
M...............................  Perchloroethylene Dry                     X                X                X
                                   Cleaning.
N...............................  Hard and Decorative                       X                X                X
                                   Chromium Electroplating
                                   and Chromium Anodizing
                                   Tanks.
O...............................  Ethylene Oxide                            X                X                X
                                   Sterilization Facilities.
Q...............................  Industrial Process Cooling                X   ...............               X
                                   Towers.
R...............................  Gasoline Distribution                     X                X                X
                                   Facilities.
S...............................  Pulp and Paper.............               X   ...............               X
T...............................  Halogenated Solvent                       X                X                X
                                   Cleaning.
U...............................  Group I Polymers and Resins               X   ...............               X
W...............................  Epoxy Resins Production and               X   ...............               X
                                   Non-Nylon Polyamides
                                   Production.
X...............................  Secondary Lead Smelting....               X   ...............               X
Y...............................  Marine Tank Vessel Loading                X   ...............
                                   Operations.
AA..............................  Phosphoric Acid                           X   ...............               X
                                   Manufacturing Plants.
BB..............................  Phosphate Fertilizers                     X   ...............               X
                                   Production Plants.
CC..............................  Petroleum Refineries.......               X   ...............               X
DD..............................  Off-Site Waste and Recovery               X   ...............               X
                                   Operations.
EE..............................  Magnetic Tape Manufacturing               X   ...............               X
                                   Operations.
GG..............................  Aerospace Manufacturing and               X   ...............               X
                                   Rework Facilities.
HH..............................  Oil and Natural Gas                       X   ...............               X
                                   Production Facilities.

[[Page 160]]

 
II..............................  Shipbuilding and Ship                     X   ...............               X
                                   Repair (Surface Coating).
JJ..............................  Wood Furniture                            X   ...............               X
                                   Manufacturing Operations.
KK..............................  Printing and Publishing                   X                X                X
                                   Industry.
LL..............................  Primary Aluminum Reduction                X   ...............               X
                                   Plants.
MM..............................  Chemical Recovery                         X   ...............               X
                                   Combustion Sources at
                                   Kraft, Soda, Sulfite, and
                                   Stand-Alone Semichemical
                                   Pulp Mills.
OO..............................  Tanks--Level 1.............               X   ...............               X
PP..............................  Containers.................               X   ...............               X
QQ..............................  Surface Impoundments.......               X   ...............               X
RR..............................  Individual Drain Systems...               X   ...............               X
SS..............................  Closed Vent Systems,                      X   ...............               X
                                   Control Devices, Recovery
                                   Devices and Routing to a
                                   Fuel Gas System or a
                                   Process.
TT..............................  Equipment Leaks--Control                  X   ...............               X
                                   Level 1.
UU..............................  Equipment Leaks--Control                  X   ...............               X
                                   Level 2.
VV..............................  Oil-Water Separators and                  X   ...............               X
                                   Organic-Water Separators.
WW..............................  Storage Vessels (Tanks)--                 X   ...............               X
                                   Control Level 2.
XX..............................  Ethylene Manufacturing                    X   ...............               X
                                   Process Units: Heat
                                   Exchange Systems and Waste
                                   Operations.
YY..............................  Generic MACT Standards.....               X   ...............               X
CCC.............................  Steel Pickling.............               X   ...............               X
DDD.............................  Mineral Wool Production....               X   ...............               X
EEE.............................  Hazardous Waste Combustors.               X   ...............               X
GGG.............................  Pharmaceuticals Production.               X   ...............               X
HHH.............................  Natural Gas Transmission                  X   ...............               X
                                   and Storage Facilities.
III.............................  Flexible Polyurethane Foam                X   ...............               X
                                   Production.
JJJ.............................  Group IV Polymers and                     X   ...............               X
                                   Resins.
LLL.............................  Portland Cement                           X   ...............               X
                                   Manufacturing Industry.
MMM.............................  Pesticide Active Ingredient               X   ...............               X
                                   Production.
NNN.............................  Wool Fiberglass                           X   ...............               X
                                   Manufacturing.
OOO.............................  Manufacture of Amino/                     X   ...............               X
                                   Phenolic Resins.
PPP.............................  Polyether Polyols                         X   ...............               X
                                   Production.
QQQ.............................  Primary Copper Smelting....               X   ...............               X
RRR.............................  Secondary Aluminum                        X   ...............               X
                                   Production.
TTT.............................  Primary Lead Smelting......               X   ...............               X
UUU.............................  Petroleum Refineries:                     X   ...............               X
                                   Catalytic Cracking,
                                   Catalytic Reforming, and
                                   Sulfur Recovery Units.
VVV.............................  Publicly Owned Treatment                  X                X                X
                                   Works.
XXX.............................  Ferroalloys Production.....               X   ...............               X
AAAA............................  Municipal Solid Waste                     X   ...............               X
                                   Landfills.
CCCC............................  Manufacturing of                          X   ...............               X
                                   Nutritional Yeast.
DDDD............................  Plywood and Composite Wood                X   ...............               X
                                   Products.
EEEE............................  Organic Liquids                           X                X                X
                                   Distribution (non-
                                   gasoline).
FFFF............................  Miscellaneous Organic                     X   ...............               X
                                   Chemical Manufacturing.
GGGG............................  Solvent Extraction for                    X   ...............               X
                                   Vegetable Oil Production.
HHHH............................  Wet-Formed Fiberglass Mat                 X   ...............               X
                                   Production.
IIII............................  Surface Coating of                        X   ...............               X
                                   Automobiles and Light-Duty
                                   Trucks.
JJJJ............................  Paper and Other Web Coating               X   ...............               X
KKKK............................  Surface Coating of Metal                  X   ...............               X
                                   Cans.
MMMM............................  Miscellaneous Metal Parts                 X   ...............               X
                                   and Products.
NNNN............................  Large Appliances...........               X   ...............               X
OOOO............................  Printing, Coating, and                    X   ...............               X
                                   Dyeing of Fabrics and
                                   Other Textiles.
PPPP............................  Surface Coating of Plastic                X   ...............               X
                                   Parts and Products.
QQQQ............................  Wood Building Products.....               X   ...............               X
RRRR............................  Surface Coating of Metal                  X   ...............               X
                                   Furniture.
SSSS............................  Surface Coating of Metal                  X   ...............               X
                                   Coil.
TTTT............................  Leather Finishing                         X   ...............               X
                                   Operations.
UUUU............................  Cellulose Products                        X   ...............               X
                                   Manufacturing.
VVVV............................  Boat Manufacturing.........               X   ...............               X
WWWW............................  Reinforced Plastics                       X                X                X
                                   Composites Production.
XXXX............................  Tire Manufacturing.........               X   ...............               X
YYYY............................  Stationary Combustion                     X   ...............               X
                                   Turbines.
ZZZZ............................  Stationary Reciprocating                  X                X                X
                                   Internal Combustion
                                   Engines.
AAAAA...........................  Lime Manufacturing Plants..               X   ...............               X
BBBBB...........................  Semiconductor Manufacturing               X   ...............               X
CCCCC...........................  Coke Oven: Pushing,                       X   ...............               X
                                   Quenching and Battery
                                   Stacks.

[[Page 161]]

 
DDDDD...........................  Industrial, Commercial, and               X   ...............               X
                                   Institutional Boiler and
                                   Process Heaters.
EEEEE...........................  Iron and Steel Foundries...               X   ...............               X
FFFFF...........................  Integrated Iron and Steel..               X   ...............               X
GGGGG...........................  Site Remediation...........               X   ...............               X
HHHHH...........................  Miscellaneous Coating                     X   ...............               X
                                   Manufacturing.
IIIII...........................  Mercury Emissions from       ...............  ...............               X
                                   Mercury Cell Chlor-Alkali
                                   Plants.
JJJJJ...........................  Brick and Structural Clay                 X   ...............               X
                                   Products Manufacturing.
KKKKK...........................  Clay Ceramics Manufacturing               X   ...............               X
LLLLL...........................  Asphalt Roofing and                       X   ...............               X
                                   Processing.
MMMMM...........................  Flexible Polyurethane Foam                X   ...............               X
                                   Fabrication Operation.
NNNNN...........................  Hydrochloric Acid                         X   ...............               X
                                   Production.
PPPPP...........................  Engine Test Cells/Stands...               X   ...............               X
QQQQQ...........................  Friction Products                         X   ...............               X
                                   Manufacturing.
RRRRR...........................  Taconite Iron Ore            ...............  ...............               X
                                   Processing.
SSSSS...........................  Refractory Products                       X   ...............               X
                                   Manufacturing.
TTTTT...........................  Primary Magnesium Refining.  ...............  ...............               X
WWWWW...........................  Hospital Ethylene Oxide                   X                X                X
                                   Sterilizers.
YYYYY...........................  Electric Arc Furnace                      X   ...............               X
                                   Steelmaking Facilities
                                   (area sources).
ZZZZZ...........................  Iron and Steel Foundries                  X   ...............               X
                                   Area Sources.
BBBBBB..........................  Gasoline Distribution Bulk                X                X                X
                                   Terminals, Bulk Plants and
                                   Pipeline Facilities.
CCCCCC..........................  Gasoline Dispensing                       X                X                X
                                   Facilities.
DDDDDD..........................  Polyvinyl Chloride and                    X   ...............               X
                                   Copolymers Production Area
                                   Sources.
EEEEEE..........................  Primary Copper Smelting                   X   ...............               X
                                   Area Sources.
FFFFFF..........................  Secondary Copper Smelting                 X   ...............               X
                                   Area Sources.
GGGGGG..........................  Primary Nonferrous Metals                 X   ...............               X
                                   Area Sources--Zinc,
                                   Cadmium, and Beryllium.
HHHHHH..........................  Paint Stripping and                       X                X                X
                                   Miscellaneous Surface
                                   Coating Operations at Area
                                   Sources.
JJJJJJ..........................  Industrial, Commercial, and               X   ...............
                                   Institutional Boilers and
                                   Process Heaters--Area
                                   Sources.
LLLLLL..........................  Acrylic and Modacrylic                    X   ...............               X
                                   Fibers Production Area
                                   Sources.
MMMMMM..........................  Carbon Black Production                   X   ...............               X
                                   Area Sources.
NNNNNN..........................  Chemical Manufacturing Area               X   ...............               X
                                   Sources: Chromium
                                   Compounds.
OOOOOO..........................  Flexible Polyurethane Foam                X                X                X
                                   Production and Fabrication
                                   Area Sources.
PPPPPP..........................  Lead Acid Battery                         X   ...............               X
                                   Manufacturing Area Sources.
QQQQQQ..........................  Wood Preserving Area                      X   ...............               X
                                   Sources.
RRRRRR..........................  Clay Ceramics Manufacturing               X   ...............               X
                                   Area Sources.
SSSSSS..........................  Glass Manufacturing Area                  X   ...............               X
                                   Sources.
TTTTTT..........................  Secondary Nonferrous Metals               X   ...............               X
                                   Processing Area Sources.
VVVVVV..........................  Chemical Manufacturing                    X   ...............
                                   Industry--Area Sources.
WWWWWW..........................  Area Source Standards for                 X                X                X
                                   Plating and Polishing
                                   Operations.
XXXXXX..........................  Area Source Standards for                 X                X                X
                                   Nine Metal Fabrication and
                                   Finishing Source
                                   Categories.
YYYYYY..........................  Area Sources: Ferroalloys    ...............  ...............               X
                                   Production Facilities.
ZZZZZZ..........................  Area Source Standards for                 X   ...............               X
                                   Aluminum, Copper, and
                                   Other Nonferrous Foundries.
AAAAAAA.........................  Asphalt Processing and                    X   ...............
                                   Asphalt Roofing
                                   Manufacturing--Area
                                   Sources.
BBBBBBB.........................  Chemical Preparations                     X   ...............
                                   Industry--Area Sources.
CCCCCCC.........................  Paint and Allied Products                 X   ...............
                                   Manufacturing--Area
                                   Sources.
EEEEEEE.........................  Gold Mine Ore Processing                  X   ...............
                                   and Production--Area
                                   Sources.
----------------------------------------------------------------------------------------------------------------
\1\ Nevada Division of Environmental Protection.
\2\ Washoe County Air Quality Management Division.
\3\ Clark County Department of Air Quality Management.


[[Page 162]]

    (ii) [Reserved]
    (30) New Hampshire. (i) New Hampshire is delegated the authority to 
implement and enforce all existing and future unchanged 40 CFR part 63 
standards in accordance with the delegation procedures in Attachment II 
of the delegation request letter dated May 9, 2002 submitted by NH DES 
to EPA and any mutually acceptable amendments to those delegation 
procedures.
    (ii) New Hampshire Department of Environmental Services (NH DES) may 
implement and enforce alternative requirements in the form of title V 
permit terms and conditions for Groveton Paper Board Inc. of Groveton, 
NH and Pulp & Paper of America, LLC of Berlin, NH for subpart S--
National Emission Standards for Hazardous Air Pollutants from the Pulp 
and Paper Industry and subpart MM--National Emissions Standards for 
Hazardous Air Pollutants for Chemical Recovery Combustion Sources at 
Kraft, Soda, Sulfite and Stand-Alone Semi-chemical Pulp Mills. This 
action is contingent upon NH DES including, in title V permits, terms 
and conditions that are no less stringent than the Federal standard and 
have been approved by EPA. In addition, the requirement applicable to 
the source remains the Federal section 112 requirement until EPA has 
approved the alternative permit terms and conditions and the final title 
V permit is issued.
    (iii) Affected inactive waste disposal sites not operated after July 
9, 1981 within New Hampshire must comply with New Hampshire Regulations 
Applicable to Hazardous Air Pollutants (incorporated by reference as 
specified in Sec. 63.14(d)) as described in paragraph (a)(30)(iii)(A) 
of this section:
    (A) The material incorporated into the New Hampshire Regulations at 
Env-Sw 2100: Management and Control of Asbestos Disposal Sites Not 
Operated after July 9, 1981, effective February 16, 2010, pertaining to 
inactive waste disposal sites not operated after July 9, 1981 in the 
State of New Hampshire's jurisdiction, and has been approved under the 
procedures in 40 CFR Part 63.93 to be implemented and enforced in place 
of the Federal NESHAPs for Inactive Waste Disposal Sites (40 CFR 
61.151).
    (B) [RESERVED]
    (iv) Affected asbestos facilities (i.e., facilities found under 40 
CFR Part 61, subpart M, except those listed under paragraph 
(a)(30)(iii)) of this section) must comply with New Hampshire 
Regulations Applicable to Hazardous Air Pollutants (incorporated by 
reference as specified in Sec. 63.14(d)) as described in paragraph 
(a)(30)(iv)(A) of this section:
    (A) The material incorporated into the New Hampshire Regulations at 
Env-A 1800, Asbestos Management and Control, effective October 21, 2008, 
Sections 1801-1807, excluding the following provisions: 1801.02(e), 
1802.02, 1802.04, 1802.07-1802.09, 1802.13, 1802.15-1802.17, 1802.28-
1802.29, 1802.36, 1802.42, 1802.45, 1802.50, 1802.54, 1804.05-1804.09, 
and 1807.02, pertaining to those affected sources in the State of New 
Hampshire's jurisdiction, and has been approved under the procedures in 
40 CFR 63.92 to be implemented and enforced in place of the federal 
NESHAPs found at 40 CFR part 61, subpart M (except those listed under 
paragraph (a)(30)(iii) of this section).
    (B) [Reserved]
    (31) New Jersey. (i) Affected sources must comply with the Toxic 
Catastrophe Prevention Act Program (TCPA), (July 20, 1998), 
(incorporated by reference as specified in Sec. 63.14) as described in 
paragraph (a)(31)(i)(A) of this section:
    (A) Except for authorities identified as not being delegated, the 
regulations incorporated in New Jersey's ``Toxic Catastrophe Prevention 
Act Program,'' Title 7, Chapter 31, of the New Jersey Administrative 
Code: Subchapter 1, ``General Provisions'' (sections 1.1 to 1.10 except 
for the definition of ``What if Checklist''), Subchapter 2, ``Hazard 
Assessment,'' Subchapter 3, ``Minimum Requirements for a Program 2 TCPA 
Risk Management Program,'' Subchapter 4, ``Minimum Requirements for a 
Program 3 TCPA Risk Management Program,'' Subchapter 5, ``Emergency 
Response,'' Subchapter 6, ``Extraordinarily Hazardous Substances,'' 
Subchapter 7, ``Risk Management Plan and TCPA Submission,'' and 
Subchapter 8, ``Other Federal Requirements,'' (effective July 20, 1998), 
pertain to the sources affected by 40 CFR part 68 and

[[Page 163]]

have been approved under the procedures in Sec. Sec. 63.91, 63.93 and 
63.95 to be implemented and enforced in place of 40 CFR part 68, 
Subparts A through H, as may be amended.
    (1) Authorities not delegated:
    (i) The New Jersey Department of Environmental Protection is not 
delegated the Administrator's authority to implement and enforce New 
Jersey's Toxic Catastrophe Prevention Act Program, Title 7, Chapter 31, 
of the New Jersey Administrative Code, in lieu of the provisions of 40 
CFR part 68 as they apply to the regulation of processes that are 
covered only because they contain regulated quantities of liquid 
petroleum gases (LPG) regulated under the New Jersey Liquified Petroleum 
Gas Act of 1950 (N.J.S.A. 21:1B),
    (ii) Pursuant to Sec. 63.90(c) the New Jersey Department of 
Environmental Protection is not delegated the Administrator's authority 
to add or delete substances from the list of substances established 
under section 112(r) and set forth in 40 CFR 68.130.
    (32) New Mexico. (i) The following table lists the delegation status 
of specific part 63 subparts that have been delegated unchanged to state 
and local air pollution agencies in New Mexico. The ``X'' symbol is used 
to indicate each subpart that has been delegated.

                          Delegation Status for Part 63 Standards--State of New Mexico
                                           [Excluding Indian Country]
----------------------------------------------------------------------------------------------------------------
                                                                                                       ABCAQCB
                   Subpart                                Source category              NMED \1,2\       \1,3\
----------------------------------------------------------------------------------------------------------------
A...........................................  General Provisions \3\................            X             X
D...........................................  Early Reductions......................            X             X
F...........................................  Hazardous Organic NESHAP (HON)--                  X             X
                                               Synthetic Organic Chemical
                                               Manufacturing Industry (SOCMI).
G...........................................  HON--SOCMI Process Vents, Storage                 X             X
                                               Vessels, Transfer Operations and
                                               Wastewater.
H...........................................  HON--Equipment Leaks..................            X             X
I...........................................  HON--Certain Processes Negotiated                 X             X
                                               Equipment Leak Regulation.
J...........................................  Polyvinyl Chloride and Copolymers             \4\ X         (\4\)
                                               Production.
K...........................................  (Reserved)............................
L...........................................  Coke Oven Batteries...................            X             X
M...........................................  Perchloroethylene Dry Cleaning........            X             X
N...........................................  Chromium Electroplating and Chromium              X             X
                                               Anodizing Tanks.
O...........................................  Ethylene Oxide Sterilizers............            X             X
P...........................................  (Reserved)............................  ............  ............
Q...........................................  Industrial Process Cooling Towers.....            X             X
R...........................................  Gasoline Distribution.................            X             X
S...........................................  Pulp and Paper Industry...............            X             X
T...........................................  Halogenated Solvent Cleaning..........            X             X
U...........................................  Group I Polymers and Resins...........            X             X
V...........................................  (Reserved)............................  ............  ............
W...........................................  Epoxy Resins Production and Non-Nylon             X             X
                                               Polyamides Production.
X...........................................  Secondary Lead Smelting...............            X             X
Y...........................................  Marine Tank Vessel Loading............            X             X
Z...........................................  (Reserved)............................  ............  ............
AA..........................................  Phosphoric Acid Manufacturing Plants..            X             X
BB..........................................  Phosphate Fertilizers Production                  X             X
                                               Plants.
CC..........................................  Petroleum Refineries..................            X             X
DD..........................................  Off-Site Waste and Recovery Operations            X             X
EE..........................................  Magnetic Tape Manufacturing...........            X             X
FF..........................................  (Reserved)............................  ............  ............
GG..........................................  Aerospace Manufacturing and Rework                X             X
                                               Facilities.
HH..........................................  Oil and Natural Gas Production                    X             X
                                               Facilities.
II..........................................  Shipbuilding and Ship Repair                      X             X
                                               Facilities.
JJ..........................................  Wood Furniture Manufacturing                      X             X
                                               Operations.
KK..........................................  Printing and Publishing Industry......            X             X
LL..........................................  Primary Aluminum Reduction Plants.....            X             X
MM..........................................  Chemical Recovery Combustion Sources    ............            X
                                               at Kraft, Soda, Sulfide, and Stand-
                                               Alone Semichemical Pulp Mills.
NN..........................................  (Reserved)............................  ............  ............
OO..........................................  Tanks--Level 1........................            X             X
PP..........................................  Containers............................            X             X
QQ..........................................  Surface Impoundments..................            X             X
RR..........................................  Individual Drain Systems..............            X             X
SS..........................................  Closed Vent Systems, Control Devices,             X             X
                                               Recovery Devices and Routing to a
                                               Fuel Gas System or a Process.
TT..........................................  Equipment Leaks--Control Level 1......            X             X
UU..........................................  Equipment Leaks--Control Level 2                  X             X
                                               Standards.

[[Page 164]]

 
VV..........................................  Oil-Water Separators and Organic-Water            X             X
                                               Separators.
WW..........................................  Storage Vessels (Tanks)--Control Level            X             X
                                               2.
XX..........................................  (Reserved)............................  ............  ............
YY..........................................  Generic Maximum Achievable Control                X             X
                                               Technology Standards.
ZZ-BBB......................................  (Reserved)............................  ............  ............
CCC.........................................  Steel Pickling--HCl Process Facilities            X             X
                                               and Hydrochloric Acid Regeneration.
DDD.........................................  Mineral Wool Production...............            X             X
EEE.........................................  Hazardous Waste Combustors............            X             X
FFF.........................................  (Reserved)............................  ............  ............
GGG.........................................  Pharmaceuticals Production............            X             X
HHH.........................................  Natural Gas Transmission and Storage              X             X
                                               Facilities.
III.........................................  Flexible Polyurethane Foam Production.            X             X
JJJ.........................................  Group IV Polymers and Resins..........            X             X
KKK.........................................  (Reserved)............................  ............  ............
LLL.........................................  Portland Cement Manufacturing.........            X             X
MMM.........................................  Pesticide Active Ingredient Production            X             X
NNN.........................................  Wool Fiberglass Manufacturing.........            X             X
OOO.........................................  Amino/Phenolic Resins.................            X             X
PPP.........................................  Polyether Polyols Production..........            X             X
QQQ.........................................  Primary Copper Smelting...............            X             X
RRR.........................................  Secondary Aluminum Production.........            X             X
SSS.........................................  (Reserved)............................  ............  ............
TTT.........................................  Primary Lead Smelting.................            X             X
UUU.........................................  Petroleum Refineries--Catalytic                   X             X
                                               Cracking Units, Catalytic Reforming
                                               Units and Sulfur Recovery Plants.
VVV.........................................  Publicly Owned Treatment Works (POTW).            X             X
WWW.........................................  (Reserved)............................  ............  ............
XXX.........................................  Ferroalloys Production: Ferromanganese            X             X
                                               and Silicomanganese.
AAAA........................................  Municipal Solid Waste Landfills.......  ............            X
CCCC........................................  Nutritional Yeast Manufacturing.......            X             X
EEEE........................................  Organic Liquids Distribution..........  ............            X
GGGG........................................  Solvent Extraction for Vegetable Oil              X             X
                                               Production.
HHHH........................................  Wet Formed Fiberglass Mat Production..            X             X
JJJJ........................................  Paper and other Web (Surface Coating).  ............            X
KKKK........................................  Metal Can (Surface Coating)...........  ............            X
NNNN........................................  Surface Coating of Large Appliances...            X             X
OOOO........................................  Fabric Printing Coating and Dyeing....  ............            X
PPPP........................................  Plastic Parts (Surface Coating).......  ............            X
QQQQ........................................  Surface Coating of Wood Building        ............            X
                                               Products.
RRRR........................................  Surface Coating of Metal Furniture....  ............            X
SSSS........................................  Surface Coating for Metal Coil........            X             X
TTTT........................................  Leather Finishing Operations..........            X             X
UUUU........................................  Cellulose Production Manufacture......            X             X
VVVV........................................  Boat Manufacturing....................            X             X
WWWW........................................  Reinforced Plastic Composites           ............            X
                                               Production.
XXXX........................................  Tire Manufacturing....................            X             X
YYYY........................................  Combustion Turbines...................  ............            X
AAAAA.......................................  Lime Manufacturing Plants.............  ............            X
BBBBB.......................................  Semiconductor Manufacturing...........  ............            X
CCCCC.......................................  Coke Ovens: Pushing, Quenching and                X             X
                                               Battery Stacks.
DDDDD.......................................  Industrial/Commerical/Institutional     ............  ............
                                               Boilers and Process Heaters.
EEEEE.......................................  Iron Foundries........................  ............            X
FFFFF.......................................  Integrated Iron and Steel.............  ............            X
GGGGG.......................................  Site Remediation......................  ............            X
HHHHH.......................................  Miscellaneous Coating Manufacturing...  ............            X
IIIII.......................................  Mercury Cell Chlor-Alkali Plants......  ............            X
JJJJJ.......................................  Brick and Structural Clay Products      ............            X
                                               Manufacturing.
KKKKK.......................................  Clay Ceramics Manufacturing...........  ............            X
LLLLL.......................................  Asphalt Roofing and Processing........  ............            X
MMMMM.......................................  Flexible Polyurethane Foam Fabrication  ............            X
                                               Operation.
NNNNN.......................................  Hydrochloric Acid Production, Fumed     ............            X
                                               Silica Production.
PPPPP.......................................  Engine Test Facilities................  ............            X
QQQQQ.......................................  Friction Products Manufacturing.......  ............            X
RRRRR.......................................  Taconite Iron Ore Processing..........  ............            X
SSSSS.......................................  Refractory Products Manufacture.......  ............            X
TTTTT.......................................  Primary Magnesium Refining............  ............            X
----------------------------------------------------------------------------------------------------------------
\1\ Authorities that cannot be delegated include Sec.  63.6(g), Approval of Alternative Non-Opacity Standards;
  Sec.  63.6(h)(9), Approval of Alternative Opacity Standards; Sec.  63.7(e)(2)(ii) and (f), Approval of Major
  Alternatives to Test Methods; Sec.  63.8(f), Approval of Major Alternatives to Monitoring; and Sec.
  63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting. In addition, all authorities
  identified in the certain subparts that EPA has designated that cannot be delegated.

[[Page 165]]

 
\2\ Program delegated to New Mexico Environment Department (NMED) for standards promulgated by EPA, as amended
  in the Federal Register through September 1, 2002.
\3\ Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards
  promulgated by EPA, as amended in the Federal Register through July 1, 2004.
\4\ This standard was originally delegated to NMED on February 9, 2004. The ABCAQCB has adopted the subpart
  unchanged and applied for delegation of the standard. The standard was vacated and remanded to EPA by the
  United States Court of Appeals for the District of Columbia Circuit on June 18, 2004, and EPA's petition for
  rehearing was denied on April 15, 2005. The standard is not being delegated at this time to ABCAQCB.

    (33) [Reserved]
    (34) North Carolina. (i) The following table lists the specific part 
63 standards that have been delegated unchanged to the North Carolina 
Department of Environment and Natural Resources (NCDENR) for all 
sources. The ``X'' symbol is used to indicate each subpart that has been 
delegated. The delegations are subject to all of the conditions and 
limitations set forth in Federal law, regulations, policy, guidance, and 
determinations. Some authorities cannot be delegated and are retained by 
EPA. These include certain General Provisions authorities and specific 
parts of some standards.

    Part 63 Major & Area Source Rule Delegations--North Carolina \1\
------------------------------------------------------------------------
                                                    FCEAD   MCDEP   WNC
        Source category          Subpart   NCDENR    \2\     \3\    \4\
------------------------------------------------------------------------
HON...........................  F, G, H,  X        X       X       X
                                 I
Polyvinyl Chloride & Co-        J
 polymers VACATED on 5/11/05.
Coke Ovens....................  L         X        X       X       X
Dry Cleaners..................  M         X        X       X       X
Chromium Electroplating.......  N         X        X       X       X
EtO Commercial Sterilization..  O         X        X       X       X
Chromium Cooling Towers.......  Q         X        X       X       X
Gasoline Distribution (stage    R         X        X       X       X
 1).
Pulp & Paper I................  S         X        X       X       X
Halogenated Solvent Cleaning..  T         X        X       X       X
Polymer & Resins 1............  U         X        X       X       X
Polymer & Resins 2............  W         X        X       X       X
Secondary Lead Smelters.......  X         X        X       X       X
Marine Tank Vessel Loading....  Y         X        X       X       X
Phosphoric Acid Mfg...........  AA        X        X       X       X
Phosphate Fertilizers Prod....  BB        X        X       X       X
Petroleum Refineries..........  CC        X        X       X       X
Offsite Waste & Recovery......  DD        X        X       X       X
    Tanks; Level 1............  OO        X        X       X       X
    Containers................  PP        X        X       X       X
    Surface Impoundments......  QQ        X        X       X       X
    Drain Systems.............  RR        X        X       X       X
    Oil-Water Separators......  VV        X        X       X       X
Magnetic Tape.................  EE        X        X       X       X
Aerospace Industry............  GG        X        X       X       X
Oil & Natural Gas Prod........  HH        X        X       X       X
                                Area Source Requirements .
Shipbuilding and Repair.......  II        X        X       X       X
Wood Furniture Mfg............  JJ        X        X       X       X
Printing & Publishing.........  KK        X        X       X       X
Primary Aluminum..............  LL        X        X       X       X
Pulp & Paper II (Combustion     MM        X        X       X       X
 sources).
Generic MACT
    Control Devices...........  SS        X        X       X       X
    Eq. Leaks--Level 1........  TT        X        X       X       X
    Eq. Leaks--Level 2........  UU        X        X       X       X
    Tanks--Level 2............  WW        X        X       X       X
Generic MACT
    Ethylene Mfg..............  XX & YY   X        X       X       X
    Carbon Black..............  YY        X        X       X       X
    Spandex Prod..............  YY        X        X       X       X
    Cyanide Chemical Mfg......  YY        X        X       X       X
    Acetal Resins.............  YY        X        X       X       X
    Acrylic/Modacrylic Fibers.  YY        X        X       X       X
    Hydrogen Fluoride Prod....  YY        X        X       X       X
    Polycarbonates Prod.......  YY        X        X       X       X
Steel Pickeling...............  CCC       X        X       X       X
Mineral Wool Prod.............  DDD       X        X       X       X
Hazardous Waste Combustion      EEE       X        X       X       X
 (Phase I).

[[Page 166]]

 
Boilers that burn Haz. Waste    EEE       X        X       X       X
 (Phase II).
HCL Prod. Furnaces burning      EEE       X        X       X       X
 Haz. Waste (P II).
Pharmaceutical Prod...........  GGG       X        X       X       X
Nat. Gas Transmission &         HHH       X        X       X       X
 Storage.
Flexible Polyurethane Foam      III       X        X       X       X
 Prod.
Polymer & Resins 4............  JJJ       X        X       X       X
Portland Cement...............  LLL       X        X       X       X
Pesticide Active Ingredients..  MMM       X        X       X       X
Wool Fiberglass...............  NNN       X        X       X       X
Polymer & Resins 3 (Amino &     OOO       X        X       X       X
 Phenolic).
Polyether Polyols Prod........  PPP       X        X       X       X
Primary Copper................  QQQ       X        X       X       X
Secondary Aluminum Prod.......  RRR       X        X       X       X
Primary Lead Smelting.........  TTT       X        X       X       X
Petro Refineries (FCC units)..  UUU       X        X       X       X
POTW..........................  VVV       X        X       X       X
Ferroalloys...................  XXX       X        X       X       X
Municipal Landfills...........  AAAA      X        X       X       X
Nutritional Yeast.............  CCCC      X        X       X       X
Plywood and Composite Wood      DDDD      X        X       X       X
 Prod. (Partial Vacatur Oct.
 07).
Organic Liquids Distribution    EEEE      X        X       X       X
 (non-gas).
Misc. Organic NESHAP..........  FFFF      X        X       X       X
Vegetable Oil.................  GGGG      X        X       X       X
Wet Formed Fiberglass.........  HHHH      X        X       X       X
Auto & Light Duty Truck         IIII      X        X       X       X
 (coating).
Paper & Other Webs............  JJJJ      X        X       X       X
Metal Can (coating)...........  KKKK      X        X       X       X
Misc. Metal Parts (coating)...  MMMM      X        X       X       X
Large Appliances (coating)....  NNNN      X        X       X       X
Printing, Coating, & Dyeing     OOOO      X        X       X       X
 Fabrics.
Plastic Parts & Products        PPPP      X        X       X       X
 (coating).
Wood Building Products........  QQQQ      X        X       X       X
Metal Furniture (coating).....  RRRR      X        X       X       X
Metal Coil (coating)..........  SSSS      X        X       X       X
Leather Tanning & Finishing...  TTTT      X        X       X       X
Cellulose Ethers Prod. Misc.    UUUU      X        X       X       X
 Viscose Processes.
Boat Manufacturing............  VVVV      X        X       X       X
Reinforced Plastic Composites.  WWWW      X        X       X       X
Rubber Tire Mfg...............  XXXX      X        X       X       X
Stationary Combustion Turbines  YYYY      X        X       X       X
Reciprocating Int. Combustion   ZZZZ      X        X       X       X
 Engines.
                                Area Source Requirements .
Lime Manufacturing............  AAAAA     X        X       X       X
Semiconductor Production......  BBBBB     X        X       X       X
Coke Ovens: (Push/Quench/       CCCCC     X        X       X       X
 Battery/Stacks).
Industrial/Commercial/          DDDDD
 Institutional.
Boilers & Process Heaters,
 VACATED on 7/30/07.
Iron Foundries................  EEEEE     X        X       X       X
Integrated Iron & Steel.......  FFFFF     X        X       X       X
Site Remediation..............  GGGGG     X        X       X       X
Misc. Coating Manufacturing...  HHHHH     X        X       X       X
Mercury Cell Chlor-Alkali.....  IIIII     X        X       X       X
Brick & Structural Clay         JJJJJ
 Products, VACATED on 6/18/07.
Clay Ceramics Manufacturing,    KKKKK
 VACATED on 6/18/07.
Asphalt Roofing & Processing..  LLLLL     X        X       X       X
Flex. Polyurethane Foam         MMMMM     X        X       X       X
 Fabrication.
Hydrochloric Acid Prod/Fumed    NNNNN     X        X       X       X
 Silica.
Engine & Rocket Test            PPPPP     X        X       X       X
 Facilities.
Friction Materials              QQQQQ     X        X       X       X
 Manufacturing.
Taconite Iron Ore.............  RRRRR     X        X       X       X
Refactories...................  SSSSS     X        X       X       X
Primary Magnesium.............  TTTTT     X        X       X       X
------------------------------------------------------------------------
                            Area Source Rules
------------------------------------------------------------------------
Hospital Sterilizers..........  WWWWW     X        X       X       X

[[Page 167]]

 
Stainless and Nonstainless      YYYYY     X        X       X       X
 Steel Mfg Electric Arc
 Furnaces.
Iron & Steel foundries........  ZZZZZ     X        X       X       X
Gasoline Distribution--Bulk...  BBBBBB    X        X       X       X
Gasoline Dispensing Facilities  CCCCCC    X        X       X       X
PVC & Copolymers Prod.........  DDDDDD    X        X       X       X
Primary Copper................  EEEEEE    X        X       X       X
Secondary Copper Smelting.....  FFFFFF    X        X       X       X
Primary Nonferrous Metals.....  GGGGGG    X        X       X       X
Paint Stripping...............
Auto-Body Refinishing.........  HHHHHH    X        X       X       X
Plastic Parts & Prod.
 (coating).
Acrylic/Modacrylic Fibers Prod  LLLLLL    X        X       X       X
Carbon Black Prod.............  MMMMMM    X        X       X       X
Chemical Mfg. Chrom...........  NNNNNN    X        X       X       X
Flex. Polyurethane Foam Fab...  OOOOOO    X        X       X       X
Flex. Polyurethane Foam Prod..
Lead Acid Battery Mfg.........  PPPPPP    X        X       X       X
Wood Preserving...............  QQQQQQ    X        X       X       X
Clay Ceramics Mfg.............  RRRRRR    X        X       X       X
Glass Mfg.....................  SSSSSS    X        X       X       X
Secondary Nonferrous Metals...  TTTTTT    X        X       X       X
Plating and Polishing.........  WWWWWW    X        X       X       X
Industrial Mach. & Eq.          XXXXXX    X        X       X       X
 Finishing.
Elect. & Electronics Eq.
 Finishing.
Fabricated Metal Prod.........
Fabricated Plate Work (Boiler
 Shop).
Fabricated Structural Metal
 Mfg.
Heating Eq. Mfg...............
Iron and Steel Forging........
Primary Metals Prod. Mfg......
Valves and Pipe Fittings Mfg..
Ferroalloys Production........  YYYYYY    X        X       X       X
Ferro/Silico Manganese........
------------------------------------------------------------------------
\1\ State program approved on August 31, 2001. Delegation table last
  updated on February 23, 2009.
\2\ Forsyth County Environmental Affairs Department.
\3\ Mecklenburg County Department of Environmental Protection.
\4\ Western North Carolina Regional Air Quality Agency.

    (ii) North Carolina Department of Environment and Natural Resources 
(NC DENR) may implement and enforce alternative requirements in the form 
of title V permit terms and conditions for International Paper 
Riegelwood mill, Riegelwood, North Carolina; International Paper Roanoke 
Rapids mill, Roanoke Rapids, North Carolina; Blue Ridge Paper Products, 
Canton, North Carolina; Weyerhaeuser New Bern facility, New Bern, North 
Carolina; and Weyerhaeuser Plymouth facility, Plymouth, North Carolina, 
for Subpart S of this Part--National Emission Standards for Hazardous 
Air Pollutants from the Pulp and Paper Industry and Subpart MM of this 
Part--National Emissions Standards for Hazardous Air Pollutants for 
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-
alone Semi-chemical Pulp Mills. This action is contingent upon NC DENR 
including, in title V permits, terms and conditions that are no less 
stringent than the Federal standard. In addition, the requirements 
applicable to the sources remain the Federal section 112 requirements 
until EPA has approved the alternative permit terms and conditions and 
the final title V permit is issued.
    (iii) North Carolina Department of Environment and Natural Resources 
(NC DENR) may implement and enforce alternative requirements in the form 
of title V permit terms and conditions for New South Lumber Company, 
Inc. Graham Plant, Alamance County, North Carolina; HDM Furniture 
Industries, Inc., Henredon Furniture Plant 1 & 2, Burke County, North 
Carolina; Kohler Co., DBA Baker Furniture, Burke County, North Carolina; 
Bernhardt Furniture Company Plants 3 & 7, Caldwell County, North 
Carolina;

[[Page 168]]

Thomasville Furniture Industries, Inc., Lenoir Plant, Caldwell County, 
North Carolina; Kincaid Furniture Company, Inc., Plant No. 1, Caldwell 
County, North Carolina; Hickory Chair Company, Catawba County, North 
Carolina; Uniboard USA LLC, Chatham County, North Carolina; Georgia 
Pacific Whiteville Plant, Columbus County, North Carolina; West Fraser, 
Inc., Armour Lumber Mill, Columbus County, North Carolina; Weyerhaeuser 
NR Company, New Bern Lumber Facility, Craven County, North Carolina; 
Linwood Furniture, Inc., Davidson County, North Carolina; Warvel 
Products, Inc., Davidson County, North Carolina; Thomasville Furniture 
Industries, Inc., Plant C/M/W/SB, Davidson County, North Carolina; 
Lexington Furniture Inc., Plant 5, Davidson County, North Carolina; 
Stanley Furniture Company, Inc., Graham County, North Carolina; Georgia 
Pacific, Creedmoor Chip-N-Saw Plant, Granville County, North Carolina; 
JELD-WEN, Inc., McDowell County, North Carolina; Weyerhaeuser NR 
Company, Martin County, North Carolina; Jordan Lumber & Supply Co., 
Montgomery County, North Carolina; Troy Lumber Co., Montgomery County, 
North Carolina; Unilin Flooring N.V., Montgomery County, North Carolina; 
West Fraser, Seaboard Lumber Mill, Northampton County, North Carolina; 
Georgia Pacific Roxboro, Person County, North Carolina; Louisiana 
Pacific Corp., Roxboro, Person County, North Carolina; Weyerhaeuser 
Company, Grifton, Pitt County, North Carolina; Vaughan Bassett Furniture 
Co., Elkin Furniture, Surry County, North Carolina; Weyerhaeuser NR 
Company, Elkin Facility, Surry County, North Carolina; Georgia Pacific 
Plywood/OSB/CNS, Dudley, Wayne County, North Carolina; Louisiana Pacific 
Corp., Roaring River, Wilkes County, North Carolina; and American Drew, 
Inc., Plant 13, Wilkes County, North Carolina, for subpart DDDD of this 
Part-National Emissions Standards for Hazardous Air Pollutants: Plywood 
and Composite Wood Products. This action is contingent upon NC DENR 
including, in title V permits, terms and conditions that are no less 
stringent than the Federal standard. In addition, the requirements 
applicable to the sources remain the Federal section 112 requirements 
until EPA has approved the alternative permit terms and conditions and 
the final title V permit is issued.
    (35)-(36) [Reserved]
    (37) Oklahoma. (i) The following table lists the specific part 63 
standards that have been delegated unchanged to the Oklahoma Department 
of Environmental Quality for all sources. The ``X'' symbol is used to 
indicate each subpart that has been delegated. The delegations are 
subject to all of the conditions and limitations set forth in Federal 
law, regulations, policy, guidance, and determinations. Some authorities 
cannot be delegated and are retained by EPA. These include certain 
General Provisions authorities and specific parts of some standards. Any 
amendments made to these rules after this effective date are not 
delegated.

       Delegation Status for Part 63 Standards--State of Oklahoma
                       [Excluding Indian Country]
------------------------------------------------------------------------
                                                                  Order
            Subpart                     Source category           \1,2\
------------------------------------------------------------------------
A.............................  General Provisions \2\........        X
F.............................  Hazardous Organic NESHAP              X
                                 (HON)--Synthetic Organic
                                 Chemical Manufacturing
                                 Industry (SOCMI).
G.............................  HON--SOCMI Process Vents,             X
                                 Storage Vessels, Transfer
                                 Operations and Wastewater.
H.............................  HON--Equipment Leaks..........        X
I.............................  HON--Certain Processes                X
                                 Negotiated Equipment Leak
                                 Regulation.
J.............................  Polyvinyl Chloride and            (\3\)
                                 Copolymers Production.
K.............................  (Reserved)....................  ........
L.............................  Coke Oven Batteries...........        X
M.............................  Perchloroethylene Dry Cleaning        X
N.............................  Chromium Electroplating and           X
                                 Chromium Anodizing Tanks.
O.............................  Ethylene Oxide Sterilizers....        X
P.............................  (Reserved)....................  ........
Q.............................  Industrial Process Cooling            X
                                 Towers.
R.............................  Gasoline Distribution.........        X
S.............................  Pulp and Paper Industry.......        X
T.............................  Halogenated Solvent Cleaning..        X

[[Page 169]]

 
U.............................  Group I Polymers and Resins...        X
V.............................  (Reserved)....................  ........
W.............................  Epoxy Resins Production and           X
                                 Non-Nylon Polyamides
                                 Production.
X.............................  Secondary Lead Smelting.......        X
Y.............................  Marine Tank Vessel Loading....        X
Z.............................  (Reserved)....................  ........
AA............................  Phosphoric Acid Manufacturing         X
                                 Plants.
BB............................  Phosphate Fertilizers                 X
                                 Production Plants.
CC............................  Petroleum Refineries..........        X
DD............................  Off-Site Waste and Recovery           X
                                 Operations.
EE............................  Magnetic Tape Manufacturing...        X
FF............................  (Reserved)....................  ........
GG............................  Aerospace Manufacturing and           X
                                 Rework Facilities.
HH............................  Oil and Natural Gas Production        X
                                 Facilities.
II............................  Shipbuilding and Ship Repair          X
                                 Facilities.
JJ............................  Wood Furniture Manufacturing          X
                                 Operations.
KK............................  Printing and Publishing               X
                                 Industry.
LL............................  Primary Aluminum Reduction            X
                                 Plants.
MM............................  Chemical Recovery Combustion          X
                                 Sources at Kraft, Soda,
                                 Sulfide, and Stand-Alone
                                 Semichemical Pulp Mills.
NN............................  (Reserved)....................  ........
OO............................  Tanks--Level 1................        X
PP............................  Containers....................        X
QQ............................  Surface Impoundments..........        X
RR............................  Individual Drain Systems......        X
SS............................  Closed Vent Systems, Control          X
                                 Devices, Recovery Devices and
                                 Routing to a Fuel Gas System
                                 or a Process.
TT............................  Equipment Leaks--Control Level        X
                                 1.
UU............................  Equipment Leaks--Control Level        X
                                 2 Standards.
VV............................  Oil-Water Separators and              X
                                 Organic-Water Separators.
WW............................  Storage Vessels (Tanks)--             X
                                 Control Level 2.
XX............................  (Reserved)....................  ........
YY............................  Generic Maximum Achievable            X
                                 Control Technology Standards.
ZZ-BBB........................  (Reserved)....................  ........
CCC...........................  Steel Pickling--HCl Process           X
                                 Facilities and Hydrochloric
                                 Acid Regeneration.
DDD...........................  Mineral Wool Production.......        X
EEE...........................  Hazardous Waste Combustors....        X
FFF...........................  (Reserved)....................  ........
GGG...........................  Pharmaceuticals Production....        X
HHH...........................  Natural Gas Transmission and          X
                                 Storage Facilities.
III...........................  Flexible Polyurethane Foam            X
                                 Production.
JJJ...........................  Group IV Polymers and Resins..        X
KKK...........................  (Reserved)....................  ........
LLL...........................  Portland Cement Manufacturing.        X
MMM...........................  Pesticide Active Ingredient           X
                                 Production.
NNN...........................  Wool Fiberglass Manufacturing.        X
OOO...........................  Amino/Phenolic Resins.........        X
PPP...........................  Polyether Polyols Production..        X
QQQ...........................  Primary Copper Smelting.......        X
RRR...........................  Secondary Aluminum Production.        X
SSS...........................  (Reserved)....................  ........
TTT...........................  Primary Lead Smelting.........        X
UUU...........................  Petroleum Refineries--                X
                                 Catalytic Cracking Units,
                                 Catalytic Reforming Units and
                                 Sulfur Recovery Plants.
VVV...........................  Publicly Owned Treatment Works        X
                                 (POTW).
WWW...........................  (Reserved)....................  ........
XXX...........................  Ferroalloys Production:               X
                                 Ferromanganese and
                                 Silicomanganese.
AAAA..........................  Municipal Solid Waste                 X
                                 Landfills.
CCCC..........................  Nutritional Yeast                     X
                                 Manufacturing.
DDDD..........................  Plywood and Composite Wood            X
                                 Products.
EEEE..........................  Organic Liquids Distribution..        X
FFFF..........................  Miscellaneous Organic Chemical        X
                                 Production and Processes
                                 (MON).
GGGG..........................  Solvent Extraction for                X
                                 Vegetable Oil Production.
HHHH..........................  Wet Formed Fiberglass Mat             X
                                 Production.
IIII..........................  Auto & Light Duty Truck.......        X
JJJJ..........................  Paper and other Web (Surface          X
                                 Coating).
KKKK..........................  Metal Can (Surface Coating)...        X
MMMM..........................  Surface Coating of                    X
                                 Miscellaneous Metal Parts and
                                 Products.
NNNN..........................  Surface Coating of Large              X
                                 Appliances.
OOOO..........................  Fabric Printing Coating and           X
                                 Dyeing.
PPPP..........................  Plastic Parts (Surface                X
                                 Coating).

[[Page 170]]

 
QQQQ..........................  Surface Coating of Wood               X
                                 Building Products.
RRRR..........................  Surface Coating of Metal              X
                                 Furniture.
SSSS..........................  Surface Coating for Metal Coil        X
TTTT..........................  Leather Finishing Operations..        X
UUUU..........................  Cellulose Production                  X
                                 Manufacture.
VVVV..........................  Boat Manufacturing............        X
WWWW..........................  Reinforced Plastic Composites         X
                                 Production.
XXXX..........................  Tire Manufacturing............        X
YYYY..........................  Combustion Turbines...........        X
ZZZZ..........................  Reciprocating Internal                X
                                 Combustion Engines (RICE).
AAAAA.........................  Lime Manufacturing Plants.....        X
BBBBB.........................  Semiconductor Manufacturing...        X
CCCCC.........................  Coke Ovens: Pushing, Quenching        X
                                 and Battery Stacks.
DDDDD.........................  Industrial/Commerical/          ........
                                 Institutional Boilers and
                                 Process Heaters.
EEEEE.........................  Iron Foundries................        X
FFFFF.........................  Integrated Iron and Steel.....        X
GGGGG.........................  Site Remediation..............        X
HHHHH.........................  Miscellaneous Coating                 X
                                 Manufacturing.
IIIII.........................  Mercury Cell Chlor-Alkali             X
                                 Plants.
JJJJJ.........................  Brick and Structural Clay             X
                                 Products Manufacturing.
KKKKK.........................  Clay Ceramics Manufacturing...        X
LLLLL.........................  Asphalt Roofing and Processing        X
MMMMM.........................  Flexible Polyurethane Foam            X
                                 Fabrication Operation.
NNNNN.........................  Hydrochloric Acid Production,         X
                                 Fumed Silica Production.
PPPPP.........................  Engine Test Facilities........        X
QQQQQ.........................  Friction Products                     X
                                 Manufacturing.
RRRRR.........................  Taconite Iron Ore Processing..        X
SSSSS.........................  Refractory Products                   X
                                 Manufacture.
TTTTT.........................  Primary Magnesium Refining....       X
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
  (ODEQ), as amended in the Federal Register through September 1, 2004.
\2\ Authorities that cannot be delegated include Sec.  63.6(g),
  Approval of Alternative Non-Opacity Standards; Sec.  63.6(h)(9),
  Approval of Alternative Opacity Standards; Sec.  63.7(e)(2)(ii) and
  (f), Approval of Major Alternatives to Test Methods; Sec.  63.8(f),
  Approval of Major Alternatives to Monitoring; and Sec.  63.10(f),
  Approval of Major Alternatives to Recordkeeping and Reporting. In
  addition, all authorities identified in the certain subparts that EPA
  has designated that cannot be delegated.
\3\ The ODEQ has adopted the subpart unchanged and applied for
  delegation of the standard. The standard was vacated and remanded to
  EPA by the United States Court of Appeals for the District of Columbia
  Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d
  1232 (D.C. Cir. 2004). Because of the D.C. Circuit Court's holding
  this standard is not being delegated to ODEQ at this time.

    (38) Oregon. (i) The following table lists the delegation status of 
specific part 63 subparts that have been delegated to state and local 
air pollution control agencies in Oregon. An ``X'' indicates the subpart 
has been delegated, subject to all the conditions and limitations set 
forth in federal law, regulations, policy, guidance, and determinations. 
Some authorities cannot be delegated and are retained by EPA. These 
include certain General Provisions authorities and specific parts of 
some standards. The dates noted at the end of this table indicate the 
effective dates of federal rules that have been delegated. Any 
amendments made to these rules after this effective date are not 
delegated.

        Delegation Status of Part 63 NESHAPS--State of Oregon \1\
------------------------------------------------------------------------
                 Subpart \2\                    ODEQ \3\      LRAPA \4\
------------------------------------------------------------------------
A General Provisions \5\....................            X             X
D Early Reductions..........................
F HON-SOCMI.................................            X             X
G HON-Process Vents.........................            X             X
H HON-Equipment Leaks.......................            X             X
I HON-Negotiated Leaks......................            X             X
L Coke Oven Batteries.......................            X             X
M Perchloroethylene Dry Cleaning............            X             X
N Chromium Electroplating...................            X             X
O Ethylene Oxide Sterilizers................            X             X
Q Industrial Process Cooling Towers.........            X             X
R Gasoline Distribution.....................            X             X

[[Page 171]]

 
S Pulp and Paper............................            X             X
T Halogenated Solvent Cleaning..............            X             X
U Polymers and Resins I.....................            X             X
W Polymers and Resins II-Epoxy..............            X             X
X Secondary Lead Smelting...................            X             X
Y Marine Tank Vessel Loading................            X             X
AA Phosphoric Acid Manufacturing Plants.....            X             X
BB Phosphate Fertilizers Production Plants..            X             X
CC Petroleum Refineries.....................            X             X
DD Off-Site Waste and Recovery..............            X             X
EE Magnetic Tape Manufacturing..............            X             X
GG Aerospace Manufacturing & Rework.........            X             X
HH Oil and Natural Gas Production Facilities            X             X
II Shipbuilding and Ship Repair.............            X             X
JJ Wood Furniture Manufacturing Operations..            X             X
KK Printing and Publishing Industry.........            X             X
LL Primary Aluminum.........................            X             X
MM Chemical Recovery Combustion Sources at              X             X
 Kraft, Soda, Sulfite, and Stand-Alone
 Semichemical Pulp Mills....................
OO Tanks--Level 1...........................            X             X
PP Containers...............................            X             X
QQ Surface Impoundments.....................            X             X
RR Individual Drain Systems.................            X             X
SS Closed Vent Systems, Control Devices,                X             X
 Recovery Devices and Routing to a Fuel Gas
 System or Process..........................
TT Equipment Leaks--Control Level 1.........            X             X
UU Equipment Leaks--Control Level 2.........            X             X
VV Oil-Water Separators and Organic-Water               X             X
 Separators.................................
WW Storage Vessels (Tanks)--Control Level 2.            X             X
YY Source Categories: Generic MACT..........            X             X
CCC Steel Pickling--HCl Process Facilities              X             X
 and Hydrochloric Acid Regeneration Plants..
DDD Mineral Wool Production.................            X             X
EEE Hazardous Waste Combustors..............            X             X
GGG Pharmaceuticals Production..............            X             X
HHH Natural Gas Transmission and Storage                X             X
 Facilities.................................
III Flexible Polyurethane Foam Production...            X             X
JJJ Polymers and Resins IV..................            X             X
LLL Portland Cement Manufacturing...........            X             X
MMM Pesticide Active Ingredient Production..            X             X
NNN Wool Fiberglass Manufacturing...........            X             X
OOO Manufacture of Amino Phenolic Resins....            X             X
PPP Polyether Polyols Production............            X             X
RRR Secondary Aluminum Production...........            X             X
TTT Primary Lead Smelting...................            X             X
VVV Publicly Owned Treatment Works..........            X             X
XXX Ferroalloys Production: Ferromanganese &            X             X
 Silico manganese...........................
CCCC Manufacture of Nutritional Yeast.......            X             X
GGGG Extraction of Vegetable Oil............            X            X
------------------------------------------------------------------------
\1\ Table last updated on August 9, 2002; see 40 CFR 61.04(b)(WW) for
  agency addresses.
\2\ Any authority within any subpart of this part (i.e. under
  ``Delegation of Authority'') that is identified as not delegatable, is
  not delegated.
\3\ Oregon Department of Environmental Quality (07/01/2001).
\4\ Lane Region Air Pollution Authority (07/01/2001).
\5\ General Provisions Authorities which may not be delegated include:
  Sec. Sec.  63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval
  of major alternatives to test methods; Sec.  63.9(f) for approval of
  major alternatives to monitoring. For definitions of minor,
  intermediate, and major alternatives to test methods and monitoring,
  see 40 CFR 63.90.

    (39) Pennsylvania. (i) Pennsylvania is delegated the authority to 
implement and enforce all existing and future unchanged 40 CFR part 63 
standards at major sources, as defined in 40 CFR part 70, in accordance 
with the delegation agreement between EPA Region III and the 
Pennsylvania Department of Environmental Protection, dated January 5, 
1998, and any mutually acceptable amendments to that agreement.
    (ii) Pennsylvania is delegated the authority to implement and 
enforce all existing 40 CFR part 63 standards and all future unchanged 
40 CFR part 63 standards, if delegation is requested by the Pennsylvania 
Department of Environmental Protection and approved by EPA Region III, 
at sources not subject

[[Page 172]]

to the permitting requirements of 40 CFR part 70, in accordance with the 
final rule, dated September 13, 2001, effective November 13, 2001, and 
any mutually acceptable amendments to the terms described in the direct 
final rule.
    (iii) Philadelphia is delegated the authority to implement and 
enforce all existing 40 CFR part 63 standards and all future unchanged 
40 CFR part 63 standards, if delegation is requested by the City of 
Philadelphia Department of Public Health Air Management Services and 
approved by EPA Region III, at sources within the City of Philadelphia, 
in accordance with the final rule, dated January 29, 2002, effective 
April 1, 2002, and any mutually acceptable amendments to the terms 
described in the direct final rule.
    (iv) Allegheny County is delegated the authority to implement and 
enforce all existing 40 CFR part 63 standards and all future unchanged 
40 CFR part 63 standards at sources within Allegheny County, in 
accordance with the final rule, dated January 30, 2002, effective April 
1, 2002, and any mutually acceptable amendments to the terms described 
in the direct final rule.
    (v) Allegheny County is delegated the authority to implement and 
enforce the provisions of 40 CFR part 68 and all future unchanged 
amendments to 40 CFR part 68 at sources within Allegheny County, in 
accordance with the final rule, dated January 30, 2002, effective April 
1, 2002, and any mutually acceptable amendments to the terms described 
in the direct final rule.
    (40) Rhode Island.
    (i) [Reserved]
    (ii) Affected area sources within Rhode Island must comply with the 
Rhode Island Regulations Applicable to Hazardous Air Pollutants 
(incorporated by reference as specified in Sec. 63.14) as described in 
paragraph (a)(40)(ii)(A) of this section:
    (A) The material incorporated into the Rhode Island Department of 
Environmental Management regulations at Air Pollution Control Regulation 
No. 36, Control of Emissions from Organic Solvent Cleaning, effective 
April 8, 1996, last amended October 9, 2008, and Rhode Island Air 
Pollution Control, General Definitions Regulation, effective July 19, 
2007, last amended October 9, 2008, pertaining to organic solvent 
cleaning facilities in the State of Rhode Island jurisdiction, and 
approved under the procedures in Sec. 63.93 to be implemented and 
enforced in place of the Federal NESHAP for Halogenated Solvent Cleaning 
Facilities (subpart T of this part), effective as of May 3, 2007, except 
for continuous web cleaning machines as defined in Sec. 63.461.
    (1) Authorities not delegated.
    (i) Rhode Island is not delegated the Administrator's authority to 
implement and enforce Rhode Island regulations at Air Pollution Control 
Regulation No. 36 and Rhode Island General Definitions Regulation in 
lieu of those provisions of subpart T of this part which apply to 
continuous web cleaning machines as defined in Sec. 63.461.
    (ii) [Reserved]
    (2) [Reserved]
    (B) [Reserved]
    (41) South Carolina. (i) The following table lists the specific part 
63 standards that have been delegated unchanged to the South Carolina 
Department of Health and Environmental Control (SCDHEC) for all sources. 
The ``X'' symbol is used to indicate each subpart that has been 
delegated. The delegations are subject to all of the conditions and 
limitations set forth in Federal law, regulations, policy, guidance, and 
determinations. Some authorities cannot be delegated and are retained by 
EPA. These include certain General Provisions authorities and specific 
parts of some standards.

                        Part 63 Major & Area Source Rule Delegations--South Carolina \1\
----------------------------------------------------------------------------------------------------------------
                                  Source category                 Subpart                       SCDHEC
----------------------------------------------------------------------------------------------------------------
1...........................  HON....................  F, G, H, I                    X
2...........................  Polyvinyl Chloride & Co- J
                               polymers VACATED on 5/
                               11/05.
3...........................  Coke Ovens.............  L                             X
4...........................  Dry Cleaners...........  M                             X
5...........................  Chromium Electroplating  N                             X
6...........................  EtO Commercial           O                             X
                               Sterilization.
7...........................  Chromium Cooling Towers  Q                             X

[[Page 173]]

 
8...........................  Gasoline Distribution    R                             X
                               (stage 1).
9...........................  Pulp & Paper I.........  S                             X
10..........................  Halogenated Solvent      T                             X
                               Cleaning.
11..........................  Polymer & Resins 1.....  U                             X
12..........................  Polymer & Resins 2.....  W                             X
13..........................  Secondary Lead Smelters  X                             X
14..........................  Marine Tank Vessel       Y                             X
                               Loading.
15..........................  Phosphoric Acid Mfg....  AA                            X
16..........................  Phosphate Fertilizers    BB                            X
                               Prod.
17..........................  Petroleum Refineries...  CC                            X
18..........................  Offsite Waste &          DD                            X
                               Recovery.
                                 Tanks; Level 1......  OO                            X
                                 Containers..........  PP                            X
                                 Surface Impoundments  QQ                            X
                                 Drain Systems.......  RR                            X
                                 Oil-Water Separators  VV                            X
19..........................  Magnetic Tape..........  EE                            X
20..........................  Aerospace Industry.....  GG                            X
21..........................  Oil & Natural Gas Prod.  HH                            X
                                 Area Source                                         X
                                  Requirements ..
22..........................  Shipbuilding and Repair  I I                           X
23..........................  Wood Furniture Mfg.....  J J                           X
24..........................  Printing & Publishing..  KK                            X
25..........................  Primary Aluminum.......  LL                            X
26..........................  Pulp & Paper II          MM                            X
                               (Combustion sources).
27..........................  Generic MACT:
                                 Control Devices.....  SS                            X
                                 Eq. Leaks--Level 1..  TT                            X
                                 Eq. Leaks--Level 2..  UU                            X
                                 Tanks--Level 2......  WW                            X
28..........................  Generic MACT:
                                 Ethylene Mfg........  XX & YY                       X
                                 Carbon Black........  YY                            X
                                 Spandex Prod........  YY                            X
                                 Cyanide Chemical Mfg  YY                            X
                                 Acetal Resins.......  YY                            X
                                 Acrylic/Modacrylic    YY                            X
                                  Fibers.
                                 Hydrogen Fluoride     YY                            X
                                  Prod.
                                 Polycarbonates Prod.  YY                            X
29..........................  Steel Pickeling........  CCC                           X
30..........................  Mineral Wool Prod......  DDD                           X
31..........................  Hazardous Waste          EEE                           X
                               Combustion (Phase I).
32..........................  Boilers that burn Haz.   EEE                           X
                               Waste (Phase II).
33..........................  HCL Prod. Furnaces       EEE                           X
                               burning Haz. Waste (P
                               II).
34..........................  Pharmaceutical Prod....  GGG                           X
35..........................  Nat. Gas Transmission &  HHH                           X
                               Storage.
36..........................  Flexible Polyurethane    I I I                         X
                               Foam Prod.
37..........................  Polymer & Resins 4.....  JJJ                           X
38..........................  Portland Cement........  LLL                           X
39..........................  Pesticide Active         MMM                           X
                               Ingredients.
40..........................  Wool Fiberglass........  NNN                           X
41..........................  Polymer & Resins 3       OOO                           X
                               (Amino & Phenolic).
42..........................  Polyether Polyols Prod.  PPP                           X
43..........................  Primary Copper.........  QQQ                           X
44..........................  Secondary Aluminum Prod  RRR                           X
45..........................  Primary Lead Smelting..  TTT                           X
46..........................  Petro Refineries (FCC    UUU                           X
                               units).
47..........................  POTW...................  V V V                         X
48..........................  Ferroalloys............  X X X                         X
49..........................  Municipal Landfills....  AAAA                          X
50..........................  Nutritional Yeast......  CCCC                          X
51..........................  Plywood and Composite    DDDD                          X
                               Wood Prod. (Partial
                               Vacatur Oct. 07).
52..........................  Organic Liquids          EEEE                          X
                               Distribution (non-gas).
53..........................  Misc. Organic NESHAP...  FFFF                          X
54..........................  Vegetable Oil..........  GGGG                          X
55..........................  Wet Formed Fiberglass..  HHHH                          X
56..........................  Auto & Light Duty Truck  I I I I                       X
                               (coating).
57..........................  Paper & Other Webs.....  JJJJ                          X
58..........................  Metal Can (coating)....  KKKK                          X
59..........................  Misc. Metal Parts        MMMM                          X
                               (coating).
60..........................  Large Appliances         NNNN                          X
                               (coating).

[[Page 174]]

 
61..........................  Printing, Coating, &     OOOO                          X
                               Dyeing Fabrics.
62..........................  Plastic Parts &          PPPP                          X
                               Products (coating).
63..........................  Wood Building Products.  QQQQ                          X
64..........................  Metal Furniture          RRRR                          X
                               (coating).
65..........................  Metal Coil (coating)...  SSSS                          X
66..........................  Leather Tanning &        TTTT                          X
                               Finishing.
67..........................  Cellulose Ethers Prod    UUUU                          X
                               Misc. Viscose
                               Processes.
68..........................  Boat Manufacturing.....  VVVV                          X
69..........................  Reinforced Plastic       WWWW                          X
                               Composites.
70..........................  Rubber Tire Mfg........  XXXX                          X
71..........................  Stationary Combustion    YYYY                          X
                               Turbines.
72..........................  Reciprocating Int.       ZZZZ                          X
                               Combustion Engines.
                                 Area Source                                         X
                                  Requirements ..
73..........................  Lime Manufacturing.....  AAAAA                         X
74..........................  Semiconductor            BBBBB                         X
                               Production.
75..........................  Coke Ovens: (Push/       CCCCC                         X
                               Quench/Battery/Stacks).
76..........................  Industrial/Commercial/   DDDDD
                               Institutional Boilers
                               & Process Heaters,
                               VACATED on 7/30/07.
77..........................  Iron Foundries.........  EEEEE                         X
78..........................  Integrated Iron & Steel  FFFFF                         X
79..........................  Site Remediation.......  GGGGG                         X
80..........................  Misc. Coating            HHHHH                         X
                               Manufacturing.
81..........................  Mercury Cell Chlor-      IIIII                         X
                               Alkali.
82..........................  Brick & Structural Clay  JJJJJ
                               Products, VACATED on 6/
                               18/07.
83..........................  Clay Ceramics            KKKKK
                               Manufacturing, VACATED
                               on 6/18/07.
84..........................  Asphalt Roofing &        LLLLL                         X
                               Processing.
85..........................  Flex. Polyurethane Foam  MMMMM                         X
                               Fabrication.
86..........................  Hydrochloric Acid Prod/  NNNNN                         X
                               Fumed Silica.
87..........................  Engine & Rocket Test     PPPPP                         X
                               Facilities.
88..........................  Friction Materials       QQQQQ                         X
                               Manufacturing.
89..........................  Taconite Iron Ore......  RRRRR                         X
90..........................  Refactories............  SSSSS                         X
91..........................  Primary Magnesium......  TTTTT                         X
----------------------------------------------------------------------------------------------------------------
                                                Area Source Rules
----------------------------------------------------------------------------------------------------------------
92..........................  Hospital Sterilizers...  WWWWW                         X
93..........................  Stainless and            YYYYY                         X
                               Nonstainless Steel Mfg
                               Electric Arc Furnaces.
94..........................  Iron & Steel foundries.  ZZZZZ                         X
95..........................  Gasoline Distribution--  BBBBBB                        X
                               Bulk.
96..........................  Gasoline Dispensing      CCCCCC                        X
                               Facilities.
97..........................  PVC & Copolymers Prod..  DDDDDD                        X
98..........................  Primary Copper.........  EEEEEE                        X
99..........................  Secondary Copper         FFFFFF                        X
                               Smelting.
100.........................  Primary Nonferrous       GGGGGG                        X
                               Metals.
101.........................  Paint Stripping........  HHHHHH                        X
                              Auto-Body Refinishing..
                              Plastic Parts & Prod.
                               (coating)
102.........................  Acrylic/Modacrylic       LLLLLL                        X
                               Fibers Prod.
103.........................  Carbon Black Prod......  MMMMMM                        X
104.........................  Chemical Mfg. Chrom....  NNNNNN                        X
105.........................  Flex. Polyurethane Foam  OOOOOO                        X
                               Fab.
                              Flex. Polyurethane Foam
                               Prod
106.........................  Lead Acid Battery Mfg..  PPPPPP                        X
107.........................  Wood Preserving........  QQQQQQ                        X
108.........................  Clay Ceramics Mfg......  RRRRRR                        X
109.........................  Glass Mfg..............  SSSSSS                        X
110.........................  Secondary Nonferrous     TTTTTT                        X
                               Metals.
110.........................  Plating and Polishing..  WWWWWW                        X
112.........................  Heating Eq. Mfg........  XXXXXX                        X
                              Industrial Mach. & Eq.
                               Finishing
                              Elect. & Electronics
                               Eq. Finishing
                              Fabricated Metal Prod
                              Fabricated Plate Work
                               (Boiler Shop)
                              Fabricated Structural
                               Metal Mfg
113.........................  Ferro/Silico Manganese.  YYYYYY                        X
                              Iron and Steel Forging
                              Primary Metals Prod.
                               Mfg
                              Valves and Pipe
                               Fittings Mfg
                              Ferroalloys Production
----------------------------------------------------------------------------------------------------------------
\1\ State program approved on June 26, 1995. Delegation table last updated on February 23, 2009.


[[Page 175]]

    (ii) South Carolina Department of Health and Environmental Control 
(SC DHEC) may implement and enforce alternative requirements in the form 
of title V permit terms and conditions for International Paper 
Georgetown Mill, Georgetown, South Carolina, for subpart S of this 
part--National Emission Standards for Hazardous Air Pollutants from the 
Pulp and Paper Industry. This action is contingent upon SC DHEC 
including, in title V permits, terms and conditions that are no less 
stringent than the Federal standard. In addition, the requirement 
applicable to the source remains the Federal section 112 requirement 
until EPA has approved the alternative permit terms and conditions and 
the final title V permit is issued.
    (42)-(43) [Reserved]
    (44) Texas. (i) The following table lists the specific part 63 
standards that have been delegated unchanged to the Texas Commission on 
Environmental Quality for all sources. The ``X'' symbol is used to 
indicate each subpart that has been delegated. The delegations are 
subject to all of the conditions and limitations set forth in Federal 
law, regulations, policy, guidance, and determinations. Some authorities 
cannot be delegated and are retained by EPA. These include certain 
General Provisions authorities and specific parts of some standards. Any 
amendments made to these rules after the effective date are not 
delegated.

       Delegation Status for Part 63 Standards--State of Texas \1\
------------------------------------------------------------------------
           Subpart                   Source category          TCEQ \2\
------------------------------------------------------------------------
F...........................  Hazardous Organic NESHAP                X
                               (HON)--Synthetic
                               OrganicChemical
                               Manufacturing Industry
                               (SOCMI).
G...........................  HON--SOCMI Process Vents,               X
                               Storage Vessels, Transfer
                               Operations and Wastewater.
H...........................  HON--Equipment Leaks........            X
I...........................  HON--Certain Processes                  X
                               Negotiated Equipment Leak
                               Regulation.
J...........................  Polyvinyl Chloride and              \3\ X
                               Copolymers Production.
K...........................  (Reserved)..................  ............
L...........................  Coke Oven Batteries.........            X
M...........................  Perchloroethylene Dry                   X
                               Cleaning.
N...........................  Chromium Electroplating and             X
                               Chromium Anodizing Tanks.
O...........................  Ethylene Oxide Sterilizers..            X
P...........................  (Reserved)..................  ............
Q...........................  Industrial Process Cooling              X
                               Towers.
R...........................  Gasoline Distribution.......            X
S...........................  Pulp and Paper Industry.....            X
T...........................  Halogenated Solvent Cleaning            X
U...........................  Group I Polymers and Resins.            X
V...........................  (Reserved)..................  ............
W...........................  Epoxy Resins Production and             X
                               Non-Nylon Polyamides
                               Production.
X...........................  Secondary Lead Smelting.....            X
Y...........................  Marine Tank Vessel Loading..            X
Z...........................  (Reserved)..................  ............
AA..........................  Phosphoric Acid                         X
                               Manufacturing Plants.
BB..........................  Phosphate Fertilizers                   X
                               Production Plants.
CC..........................  Petroleum Refineries........            X
DD..........................  Off-Site Waste and Recovery             X
                               Operations.
EE..........................  Magnetic Tape Manufacturing.            X
FF..........................  (Reserved)..................  ............
GG..........................  Aerospace Manufacturing and             X
                               Rework Facilities.
HH..........................  Oil and Natural Gas                     X
                               Production Facilities.
II..........................  Shipbuilding and Ship Repair            X
                               Facilities.
JJ..........................  Wood Furniture Manufacturing            X
                               Operations.
KK..........................  Printing and Publishing                 X
                               Industry.
LL..........................  Primary Aluminum Reduction              X
                               Plants.
MM..........................  Chemical Recovery Combustion            X
                               Sources at Kraft, Soda,
                               Sulfide, and Stand-Alone
                               Semichemical Pulp Mills.
NN..........................  (Reserved)..................  ............
OO..........................  Tanks--Level 1..............            X
PP..........................  Containers..................            X
QQ..........................  Surface Impoundments........            X
RR..........................  Individual Drain Systems....            X
SS..........................  Closed Vent Systems, Control  ............
                               Devices, Recovery Devices
                               and Routing to a Fuel Gas
                               System or a Process.
TT..........................  Equipment Leaks--Control                X
                               Level 1.
UU..........................  Equipment Leaks--Control                X
                               Level 2 Standards.
VV..........................  Oil-Water Separators and                X
                               Organic-Water Separators.

[[Page 176]]

 
WW..........................  Storage Vessels (Tanks)--               X
                               Control Level 2.
XX..........................  (Reserved)..................  ............
YY..........................  Generic Maximum Achievable              X
                               Control Technology
                               Standards.
ZZ-BBB......................  (Reserved)..................  ............
CCC.........................  Steel Pickling--HCl Process             X
                               Facilities and Hydrochloric
                               Acid Regeneration.
DDD.........................  Mineral Wool Production.....            X
EEE.........................  Hazardous Waste Combustors..            X
FFF.........................  (Reserved)..................  ............
GGG.........................  Pharmaceuticals Production..            X
HHH.........................  Natural Gas Transmission and            X
                               Storage Facilities.
III.........................  Flexible Polyurethane Foam              X
                               Production.
JJJ.........................  Group IV Polymers and Resins            X
KKK.........................  (Reserved)..................  ............
LLL.........................  Portland Cement                         X
                               Manufacturing.
MMM.........................  Pesticide Active Ingredient             X
                               Production.
NNN.........................  Wool Fiberglass                         X
                               Manufacturing.
OOO.........................  Amino/Phenolic Resins.......            X
PPP.........................  Polyether Polyols Production            X
QQQ.........................  Primary Copper Smelting.....            X
RRR.........................  Secondary Aluminum                      X
                               Production.
SSS.........................  (Reserved)..................  ............
TTT.........................  Primary Lead Smelting.......            X
UUU.........................  Petroleum Refineries--                  X
                               Catalytic Cracking
                               Units,Catalytic Reforming
                               Units and Sulfur Recovery
                               Plants.
VVV.........................  Publicly Owned Treatment                X
                               Works (POTW).
WWW.........................  (Reserved)..................  ............
XXX.........................  Ferroalloys Production:                 X
                               Ferromanganese and
                               Silicomanganese.
AAAA........................  Municipal Solid Waste                   X
                               Landfills.
CCCC........................  Nutritional Yeast                       X
                               Manufacturing.
DDDD........................  Plywood and Composite Wood
                               Products.
EEEE........................  Organic Liquids Distribution            X
FFFF........................  Miscellaneous Organic                   X
                               Chemical Manufacturing
                               (MON).
GGGG........................  Solvent Extraction for                  X
                               Vegetable Oil Production.
HHHH........................  Wet Formed Fiberglass Mat               X
                               Production.
IIII........................  Auto & Light Duty Truck.....            X
JJJJ........................  Paper and other Web (Surface            X
                               Coating).
KKKK........................  Surface Coating of Metal                X
                               Cans.
MMMM........................  Miscellaneous Metal Parts               X
                               and Products Surface
                               Coating.
NNNN........................  Surface Coating of Large                X
                               Appliances.
OOOO........................  Fabric Printing Coating and             X
                               Dyeing.
PPPP........................  Surface Coating of Plastic              X
                               Parts and Products.
QQQQ........................  Surface Coating of Wood                 X
                               Building Products.
RRRR........................  Surface Coating of Metal                X
                               Furniture.
SSSS........................  Surface Coating for Metal               X
                               Coil.
TTTT........................  Leather Finishing Operations            X
UUUU........................  Cellulose Production                    X
                               Manufacture.
VVVV........................  Boat Manufacturing..........            X
WWWW........................  Reinforced Plastic                      X
                               Composites Production.
XXXX........................  Tire Manufacturing..........            X
YYYY........................  Stationary Combustion                   X
                               Turbines.
ZZZZ........................  Reciprocating Internal                  X
                               Combustion Engines.
AAAAA.......................  Lime Manufacturing..........            X
BBBBB.......................  Semiconductor Manufacturing.            X
CCCCC.......................  Coke Ovens: Pushing,                    X
                               Quenching and Battery
                               Stacks.
DDDDD.......................  Industrial, Commercial, and             X
                               Institutional Boilers and
                               Process Heaters.
EEEEE.......................  Iron and Steel Foundries....            X
FFFFF.......................  Integrated Iron and Steel...            X
GGGGG.......................  Site Remediation............            X
HHHHH.......................  Miscellaneous Coating                   X
                               Manufacturing.
IIIII.......................  Mercury Cell Chlor-Alkali               X
                               Plants.
JJJJJ.......................  Brick and Structural Clay               X
                               Products Manufacturing.
KKKKK.......................  Clay Ceramics Manufacturing.            X
LLLLL.......................  Asphalt Roofing and                     X
                               Processing.
MMMMM.......................  Flexible Polyurethane Foam              X
                               Fabrication Operation.
NNNNN.......................  Hydrochloric Acid                       X
                               Production, Fumed Silica
                               Production.
PPPPP.......................  Engine Test Facilities......            X
QQQQQ.......................  Friction Materials                      X
                               Manufacturing.
RRRRR.......................  Taconite Iron Ore Processing            X
SSSSS.......................  Refractory Products                     X
                               Manufacture.
TTTTT.......................  Primary Magnesium Refining..            X
------------------------------------------------------------------------
\1\ Program delegated to Texas Commission on Environmental Quality
  (TCEQ).

[[Page 177]]

 
\2\ Authorities which may not be delegated include: Sec.  63.6(g),
  Approval of Alternative Non-Opacity Emission Standards; Sec.
  63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
  63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
  Methods; Sec.  63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.  63.10(f), Approval of Major Alternatives to Recordkeeping and
  Reporting; and all authorities identified in the subparts (e.g., under
  ``Delegation of Authority'') that cannot be delegated.
\3\ The TCEQ was previously delegated this subpart on May 17, 2005 (70
  FR 13018). The subpart was vacated and remanded to EPA by the United
  States Court of Appeals for the District of Columbia Circuit. See,
  Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C.
  Cir. 2004). Because of the D.C. Court's holding this subpart is not
  delegated to TCEQ at this time.

    (ii) Affected sources within Texas shall comply with the Federal 
requirements of 40 CFR part 63--subpart A--General Provisions, adopted 
by reference by the Texas Commission on Environmental Quality (TCEQ), 
with the exception of Sec. 63.5(e)(2)(i), Sec. 63.6(i)(12)(i), Sec. 
63.6(i)(13)(i) and (ii), Sec. 63.8(e)(5)(ii), Sec. 63.9(i)(3), and 
Sec. 63.10(e)(2)(ii). The TCEQ has adopted alternative provisions for 
the cited exceptions above and affected sources in Texas that are 
subject to the requirements of Subpart A shall comply with the 
requirements established at Texas Administrative Code, Title 30, Part 1, 
Chapter 113, Subchapter C, section 113.100.
    (45)-(46) [Reserved]
    (47) Virginia. (i) Virginia is delegated the authority to implement 
and enforce all existing and future unchanged 40 CFR part 63 standards 
at major sources, as defined in 40 CFR part 70, in accordance with the 
delegation agreement between EPA Region III and the Virginia Department 
of Environmental Quality, dated April 20, 1998, and any mutually 
acceptable amendments to that agreement.
    (ii) Virginia is delegated the authority to implement and enforce 
all existing 40 CFR part 63 standards and all future unchanged 40 CFR 
part 63 standards, if delegation is sought by the Virginia Department of 
Environmental Quality and approved by EPA Region III, at affected 
sources which are not located at major sources, as defined in 40 CFR 
part 70, in accordance with the final rule, dated January 8, 2002, 
effective March 11, 2002, and any mutually acceptable amendments to the 
terms described in the direct final rule.
    (iii) EPA has granted the Virginia Department of Environmental 
Quality (DEQ) ``up-front'' approval to implement an Equivalency by 
Permit (EBP) program under which the Virginia DEQ may establish and 
enforce alternative State requirements for International Paper Company's 
Franklin Mill in lieu of those of the National Emissions Standard for 
Hazardous Air Pollutants (NESHAP) for the Pulp and Paper Industry found 
at 40 CFR part 63, subpart S. The Virginia DEQ may only establish 
alternative requirements for the Franklin Mill which are equivalent to 
and at least as stringent as the otherwise applicable Federal 
requirements. The VA DEQ must, in order to establish alternative 
requirements for the Franklin Mill under its EPA approved EBP program: 
(1) Submit to EPA for review pre-draft Clean Air Act (CAA) Title V 
permit terms specifying alternative requirements which are at least as 
stringent as the otherwise applicable Federal requirements, (2) obtain 
EPA's written approval of the alternative pre-draft CAA Title V permit 
requirements, and (3) issue a CAA Title V permit for the Franklin Mill 
which contains the approved alternative requirements. Until EPA has 
approved the alternative permit terms and conditions and the Virginia 
DEQ has issued a final CAA Title V permit incorporating them, 
International Paper Company's Franklin Mill will remain subject to the 
Federal NESHAP requirements found at 40 CFR part 63, subpart S.
    (48) Washington. (i) The following table lists the delegation status 
of specific part 63 Subparts that have been delegated to state and local 
air pollution control agencies in Washington. An ``X'' indicates the 
subpart has been delegated, subject to all the conditions and 
limitations set forth in Federal law, regulations, policy, guidance, and 
determinations. Some authorities cannot be delegated and are retained by 
EPA. These include certain General Provisions authorities and specific 
parts of some standards. The dates noted at the end of this table 
indicate the effective dates of Federal rules that have been delegated. 
Any amendments made to these rules after this effective date are not 
delegated.

[[Page 178]]



                                            Delegation Status for Part 63 Standards--State of Washington \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
  40 CFR Part 63, Subparts \2\       Ecology \3\      BCAA \4\      NWAPA \5\      OAPCA \6\      PSCAA \7\      SCAPCA \8\     SWCAA \9\    YRCAA \10\
--------------------------------------------------------------------------------------------------------------------------------------------------------
A General Provisions \11\.......  X                 X             X              X              X              X              X             X
D Early Reductions..............  X                 X             X              X              X              X              X             X
F HON-SOCMI.....................  X                 X             X              X              X              X              X             X
G HON-Process Vents.............  X                 X             X              X              X              X              X             X
H HON-Equipment Leaks...........  X                 X             X              X              X              X              X             X
I HON-Negotiated Leaks..........  X                 X             X              X              X              X              X             X
L Coke Oven Batteries...........  X                 X             X              X              X              X              X             X
M Perchloroethylene Dry Cleaning  X\3\              X\4\          X              .............  X \7\          X \8\          X             X \10\
N Chromium Electroplating.......  X                 X             X              X              X              X              X             X
O Ethylene Oxide Sterilizers....  X                 X             X              X              X              X              X             X
Q Industrial Process Cooling      X                 X             X              X              X              X              X             X
 Towers.
R Gasoline Distribution.........  X                 X             X              X              X              X              X             X
S Pulp and Paper \12\...........  X                 ............  \5\            X\6\           X\7\           X\8\           X\9\          X\10\
T Halogenated Solvent Cleaning..  X                 X             X              X              X              X              X             X
U Polymers and Resins I.........  X                 X             X              X              X              X              X             X
W Polymers and Resins II-Epoxy..  X                 X             X              X              X              X              X             X
X Secondary Lead Smelting.......  X                 X             X              X              X              X              X             X
Y Marine Tank Vessel Loading....  X                 X             X              .............  X              X              X
AA Phosphoric Acid Manufacturing  X                 X             X              X              X              X              ............  X
 Plants.
BB Phosphate Fertilizers          X                 X             X              X              X              X              ............  X
 Production Plants.
CC Petroleum Refineries.........  X                 X             X              X              X              X              X             X
DD Off-Site Waste and Recovery..  X                 X             X              X              X              X              X             X
EE Magnetic Tape Manufacturing..  X                 X             X              X              X              X              X             X
GG Aerospace Manufacturing &      X                 X             X              X              X              X              X             X
 Rework.
HH Oil and Natural Gas            X                 X             X              X              X              X              ............  X
 Production Facilities.
II Shipbuilding and Ship Repair.  X                 X             X              X              X              X              X             X
JJ Wood Furniture Manufacturing   X                 X             X              X              X              X              X             X
 Operations.
KK Printing and Publishing        X                 X             X              X              X              X              X             X
 Industry.
LL Primary Aluminum \13\........  X
MM Chemical Recovery Combustion   X
 Sources at Kraft, Soda,
 Sulfite, and Stand-Alone
 Semichemical Pulp Mills \14\.
OO Tanks--Level 1...............  X                 X             X              X              X              X              ............  X
PP Containers...................  X                 X             X              X              X              X              ............  X
QQ Surface Impoundments.........  X                 X             X              X              X              X              ............  X

[[Page 179]]

 
RR Individual Drain Systems.....  X                 X             X              X              X              X              ............  X
SS Closed Vent Systems, Control   X                 X             X              X              X              X              ............  X
 Devices, Recovery Devices and
 Routing to a Fuel Gas System or
 Process.
TT Equipment Leaks--Control       X                 X             X              X              X              X              ............  X
 Level 1.
UU Equipment Leaks--Control       X                 X             X              X              X              X              ............  X
 Level 2.
VV Oil-Water Separators and       X                 X             X              X              X              X              ............  X
 Organic-Water Separators.
WW Storage Vessels (Tanks)--      X                 X             X              .............  X              X
 Control Level 2.
YY Source Categories: Generic     X                 X             X              .............  X              X
 MACT.
CCC Steel Pickling--HCl Process   X                 X             X              .............  X              X
 Facilities and Hydrochloric
 Acid Regeneration Plants.
DDD Mineral Wool Production.....  X                 X             X              .............  X              X
EEE Hazardous Waste Combustors..  X                 X             X              .............  X              X
GGG Pharmaceuticals Production..  X                 X             X              .............  X              X
HHH Natural Gas Transmission and  X                 X             X              .............  X              X
 Storage Facilities.
III Flexible Polyurethane Foam    X                 X             X              .............  X              X              ............  X
 Production.
JJJ Polymers and Resins IV......  X                 X             X              .............  X              X              X
LLL Portland Cement               X                 X             X              .............  X              X
 Manufacturing.
MMM Pesticide Active Ingredient   X                 X             X              .............  X              X
 Production.
NNN Wool Fiberglass               X                 X             X              .............  X              X
 Manufacturing.
OOO Manufacture of Amino          X                 X             X              .............  X              X
 Phenolic Resins.
PPP Polyether Polyols Production  X                 X             X              .............  X              X
RRR Secondary Aluminum            X                 X             .............  .............  X              X
 Production.
TTT Primary Lead Smelting.......  X                 X             X              .............  X              X
VVV Publicly Owned Treatment      X                 X             X              .............  X              X
 Works.
XXX Ferroalloys Production:       X                 X             X              .............  X              X
 Ferromanganese &
 Silicomanganese.
CCCC Manufacture of Nutritional   ................  ............  .............  .............  X
 Yeast.
GGGG Extraction of Vegetable Oil  ................  ............  .............  .............  X

[[Page 180]]

 
VVVV Boat Manufacturing ........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Table last updated on April 15, 2002. See 40 CFR 61.04(b)(WW) for agency addresses.
\2\ Any authority within any subpart of this part that is identified as not delegatable, is not delegated.
\3\ Washington State Department of Ecology (03/13/2001 for MM, 02/20/2001 for all others). Note: delegation of subpart M applies only to those sources
  required to obtain an operating permit under Title V of the Clean Air Act.
\4\ Benton Clean Air Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title
  V of the Clean Air Act.
\5\ Northwest Air Pollution Control Agency (07/01/2000). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft
  and Sulfite Pulping Mills (see footnote 12).
\6\ Olympic Air Pollution Control Agency (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating
  permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping
  Mills (see footnote 12).
\7\ Puget Sound Clean Air Agency (07/01/2001). Note: delegation of subpart S applies to all applicable facilities and processes exept Kraft and Sulfite
  Pulping Mills (see footnote 12). For information about delegation of subpart M, see paragraph (a)(48)(ii) of this section.
\8\ Spokane County Air Pollution Control Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an
  operating permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and
  Sulfite Pulping Mills (see footnote 12).
\9\ Southwest Clean Air Agency (08/01/1998). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite
  Pulping Mills (see footnote 12).
\10\ Yakima Regional Clean Air Authority (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating
  permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping
  Mills (see footnote 12).
\11\ General Provisions Authorities which are not delegated include approval of major alternatives to test methods, approval of major alternatives to
  monitoring, and any sections in the subparts pertaining to approval of alternative standards (i.e., alternative means of emission limitations). For
  definitions of minor, intermediate, and major alternatives to test methods and monitoring, see Sec.  63.90.
\12\ Subpart S of this part as it pertains to Kraft and Sulfite Pulping Mills cannot be delegated to any local agencies in Washington. The Washington
  State Department of Ecology retains sole authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-
  405-012 and 173-410-012.
\13\ Subpart LL of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole
  authority to regulate Primary Aluminum Plants, pursuant to Washington Administrative Code 173-415-010.
\14\ Subpart MM of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole
  authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-405-012 and 173-410-012.

    (ii) Affected area sources within Puget Sound Clean Air's 
jurisdiction must comply with Puget Sound Clean Air's Regulation III, 
sections 3.03, Perchloroethylene Dry Cleaners, (incorporated by 
reference as specified in 40 CFR 63.14) as follows:
    (A) The material incorporated in Puget Sound Clean Air's Regulation 
III, section 3.03, Perchloroethylene Dry Cleaners, pertains to the 
perchloroethylene dry cleaning source category in the Puget Sound Clean 
Air jurisdiction, and has been approved under the procedures in 40 CFR 
63.93 to be implemented and enforced in place of the federal NESHAPs for 
Perchloroethylene Dry Cleaning Facilities (40 CFR part 63, subpart M), 
for area sources, as defined in 40 CFR 63.320(h).
    (1) Authorities not delegated.
    (i) Puget Sound Clean Air is not delegated the authority to 
implement and enforce Puget Sound Clean Air Regulation III, sections 
3.03 in lieu of those provisions of Subpart M which applies to major 
sources, as defined in 40 CFR 63.320(g). Dry cleaning facilities which 
are major sources remain subject to subpart M.
    (ii) Puget Sound Clean Air is not delegated the authority of 40 CFR 
63.325 to determine equivalency of emissions control technologies. Any 
source seeking permission to use an alternative means of emission 
limitation under Puget Sound Clean Air Regulation I, section 3.23 must 
also receive approval from the Administrator before using such 
alternative means of emission limitation for the purpose of complying 
with section 112.
    (B) [Reserved]

    Note to paragraph (a)(48): Dates in parenthesis indicate the 
effective date of the federal rules that have been adopted by and 
delegated to the state or local air pollution control agency. Therefore, 
any amendments made to these delegated rules after this effective date 
are not delegated to the agency.

    (49) West Virginia. (i) West Virginia is delegated the authority to 
implement and enforce all existing and future unchanged 40 CFR part 63 
standards at

[[Page 181]]

major sources, as defined in 40 CFR part 70, in accordance with the 
delegation agreement between EPA Region III and the West Virginia 
Department of Environmental Protection, dated March 19, 2001, and any 
mutually acceptable amendments to that agreement.
    (ii) West Virginia is delegated the authority to implement and 
enforce all existing 40 CFR part 63 standards and all future unchanged 
40 CFR part 63 standards, if delegation is sought by the West Virginia 
Department of Environmental Protection and approved by EPA Region III, 
at affected sources which are not located at major sources, as defined 
in 40 CFR part 70, in accordance with the final rule, dated April 2, 
2002, effective June 3, 2002, and any mutually acceptable amendments to 
the terms described in the direct final rule.

[61 FR 25399, May 21, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
63.99, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 76 FR 30550, May 26, 2011, Sec. 63.99 was 
amended by revising paragraph (a)(20)(iii), effective July 25, 2011. For 
the convenience of the user, the revised text is set forth as follows:



Sec. 63.99  Delegated Federal authorities.

    (a) * * *
    (20) * * *
    (iii) Affected area sources within Maine must comply with the Maine 
Regulations Applicable to Hazardous Air Pollutants (incorporated by 
reference as specified in Sec. 63.14) as described in paragraph 
(a)(20)(iii)(A) of this section:
    (A) The material incorporated into the Maine Department of 
Environmental Protection regulations at Chapter 125, Perchloroethylene 
Dry Cleaner Regulation, effective as of June 2, 1991, last amended on 
June 24, 2009, pertaining to dry cleaning facilities in the State of 
Maine jurisdiction, and approved under the procedures in Sec. 63.93 to 
be implemented and enforced in place of the Federal NESHAP for 
Perchloroethylene Dry Cleaning Facilities (subpart M of this part), 
effective as of July 11, 2008, for area sources only, as defined in 
Sec. 63.320(h).
    (1) Authorities not delegated.
    (i) Maine is not delegated the Administrator's authority to 
implement and enforce Maine regulations at Chapter 125, in lieu of those 
provisions of subpart M of this part which apply to major sources, as 
defined in Sec. 63.320(g).
    (ii) Maine is not delegated the Administrator's authority to 
implement and enforce Maine regulations at Chapter 125, in lieu of those 
provisions of subpart M of this part which apply to dry cleaning systems 
installed in a building with a residence between July 13, 2006 and June 
24, 2009, as defined in Sec. 63.320(b)(2)(i) and Sec. 63.322(o)(4).
    (2) [Reserved]
    (B) [Reserved]

                                * * * * *



    Subpart F_National Emission Standards for Organic Hazardous Air 

  Pollutants From the Synthetic Organic Chemical Manufacturing Industry

    Source: 59 FR 19454, Apr. 22, 1994, unless otherwise noted.



Sec. 63.100  Applicability and designation of source.

    (a) This subpart provides applicability provisions, definitions, and 
other general provisions that are applicable to subparts G and H of this 
part.
    (b) Except as provided in paragraphs (b)(4) and (c) of this section, 
the provisions of subparts F, G, and H of this part apply to chemical 
manufacturing process units that meet all the criteria specified in 
paragraphs (b)(1), (b)(2), and (b)(3) of this section:
    (1) Manufacture as a primary product one or more of the chemicals 
listed in paragraphs (b)(1)(i) or (b)(1)(ii) of this section.
    (i) One or more of the chemicals listed in table 1 of this subpart; 
or
    (ii) One or more of the chemicals listed in paragraphs (b)(1)(ii)(A) 
or (b)(1)(ii)(B) of this section:
    (A) Tetrahydrobenzaldehyde (CAS Number 100-50-5); or
    (B) Crotonaldehyde (CAS Number 123-73-9).
    (2) Use as a reactant or manufacture as a product, or co-product, 
one or more of the organic hazardous air pollutants listed in table 2 of 
this subpart;
    (3) Are located at a plant site that is a major source as defined in 
section 112(a) of the Act.
    (4) The owner or operator of a chemical manufacturing processing 
unit is

[[Page 182]]

exempt from all requirements of subparts F, G, and H of this part until 
not later than April 22, 1997 if the owner or operator certifies, in a 
notification to the appropriate EPA Regional Office, not later than May 
14, 1996, that the plant site at which the chemical manufacturing 
processing unit is located emits, and will continue to emit, during any 
12-month period, less than 10 tons per year of any individual hazardous 
air pollutants (HAP), and less than 25 tons per year of any combination 
of HAP.
    (i) If such a determination is based on limitations and conditions 
that are not federally enforceable (as defined in subpart A of this 
part), the owner or operator shall document the basis for the 
determination as specified in paragraphs (b)(4)(i)(A) through 
(b)(4)(i)(C) and comply with the recordkeeping requirement in 63.103(f).
    (A) The owner or operator shall identify all HAP emission points at 
the plant site, including those emission points subject to and emission 
points not subject to subparts F, G, and H;
    (B) The owner or operator shall calculate the amount of annual HAP 
emissions released from each emission point at the plant site, using 
acceptable measurement or estimating techniques for maximum expected 
operating conditions at the plant site. Examples of estimating 
procedures that are considered acceptable include the calculation 
procedures in Sec. 63.150 of subpart G, the early reduction 
demonstration procedures specified in Sec. Sec. 63.74 (c)(2), (c)(3), 
(d)(2), (d)(3), and (g), or accepted engineering practices. If the total 
annual HAP emissions for the plant site are annually reported under 
Emergency Planning and Community Right-to-Know Act (EPCRA) section 313, 
then such reported annual emissions may be used to satisfy the 
requirements of Sec. 63.100(b)(4)(i)(B).
    (C) The owner or operator shall sum the amount of annual HAP 
emissions from all emission points on the plant site. If the total 
emissions of any one HAP are less than 10 tons per year and the total 
emissions of any combination of HAP are less than 25 tons per year, the 
plant site qualifies for the exemption described in paragraph (b)(4) of 
this section, provided that emissions are kept below these thresholds.
    (ii) If such a determination is based on limitations and conditions 
that are federally enforceable (as defined in subpart A of this part), 
the owner or operator is not subject to the provisions of paragraph 
(b)(4) of this section.
    (c) The owner or operator of a chemical manufacturing process unit 
that meets the criteria specified in paragraphs (b)(1) and (b)(3) of 
this section but does not use as a reactant or manufacture as a product 
or co-product, any organic hazardous air pollutant listed in table 2 of 
this subpart shall comply only with the requirements of Sec. 63.103(e) 
of this subpart. To comply with this subpart, such chemical 
manufacturing process units shall not be required to comply with the 
provisions of subpart A of this part.
    (d) The primary product of a chemical manufacturing process unit 
shall be determined according to the procedures specified in paragraphs 
(d)(1), (d)(2), (d)(3), and (d)(4) of this section.
    (1) If a chemical manufacturing process unit produces more than one 
intended chemical product, the product with the greatest annual design 
capacity on a mass basis determines the primary product of the process.
    (2) If a chemical manufacturing process unit has two or more 
products that have the same maximum annual design capacity on a mass 
basis and if one of those chemicals is listed in table 1 of this 
subpart, then the listed chemical is considered the primary product and 
the chemical manufacturing process unit is subject to this subpart. If 
more than one of the products is listed in table 1 of this subpart, then 
the owner or operator may designate as the primary product any of the 
listed chemicals and the chemical manufacturing process unit is subject 
to this subpart.
    (3) For chemical manufacturing process units that are designed and 
operated as flexible operation units producing one or more chemicals 
listed in table 1 of this subpart, the primary product shall be 
determined for existing sources based on the expected utilization for 
the five years following April 22, 1994 and for new sources based on the 
expected utilization for the first five years after initial start-up.

[[Page 183]]

    (i) If the predominant use of the flexible operation unit, as 
described in paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this section, 
is to produce one or more chemicals listed in table 1 of this subpart, 
then the flexible operation unit shall be subject to the provisions of 
subparts F, G, and H of this part.
    (A) If the flexible operation unit produces one product for the 
greatest annual operating time, then that product shall represent the 
primary product of the flexible operation unit.
    (B) If the flexible operation unit produces multiple chemicals 
equally based on operating time, then the product with the greatest 
annual production on a mass basis shall represent the primary product of 
the flexible operation unit.
    (ii) The determination of applicability of this subpart to chemical 
manufacturing process units that are designed and operated as flexible 
operation units shall be reported as part of an operating permit 
application or as otherwise specified by the permitting authority.
    (4) Notwithstanding the provisions of paragraph (d)(3) of this 
section, for chemical manufacturing process units that are designed and 
operated as flexible operation units producing a chemical listed in 
paragraph (b)(1)(ii) of this section, the primary product shall be 
determined for existing sources based on the expected utilization for 
the five years following May 12, 1998 and for new sources based on the 
expected utilization for the first five years after initial start-up.
    (i) The predominant use of the flexible operation unit shall be 
determined according to paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this 
section. If the predominant use is to produce one of the chemicals 
listed in paragraph (b)(1)(ii) of this section, then the flexible 
operation unit shall be subject to the provisions of this subpart and 
subparts G and H of this part.
    (ii) The determination of applicability of this subpart to chemical 
manufacturing process units that are designed and operated as flexible 
operation units shall be reported as part of an operating permit 
application or as otherwise specified by the permitting authority.
    (e) The source to which this subpart applies is the collection of 
all chemical manufacturing process units and the associated equipment at 
a major source that meet the criteria specified in paragraphs (b)(1) 
through (3) of this section. The source includes the process vents; 
storage vessels; transfer racks; waste management units; maintenance 
wastewater; heat exchange systems; equipment identified in Sec. 63.149; 
and pumps, compressors, agitators, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, connectors, 
instrumentation systems, surge control vessels, and bottoms receivers 
that are associated with that collection of chemical manufacturing 
process units. The source also includes equipment required by, or 
utilized as a method of compliance with, subparts F, G, or H of this 
part which may include control devices and recovery devices.
    (1) This subpart applies to maintenance wastewater and heat exchange 
systems within a source that is subject to this subpart.
    (2) This subpart F and subpart G of this part apply to process 
vents, storage vessels, transfer racks, equipment identified in Sec. 
63.149 of subpart G of this part, and wastewater streams and associated 
treatment residuals within a source that is subject to this subpart.
    (3) This subpart F and subpart H of this part apply to pumps, 
compressors, agitators, pressure relief devices, sampling connection 
systems, open-ended valves or lines, valves, connectors, instrumentation 
systems, surge control vessels, and bottoms receivers within a source 
that is subject to this subpart. If specific items of equipment, 
comprising part of a chemical manufacturing process unit subject to this 
subpart, are managed by different administrative organizations (e.g., 
different companies, affiliates, departments, divisions, etc.), those 
items of equipment may be aggregated with any chemical manufacturing 
process unit within the source for all purposes under subpart H of this 
part, providing there is no delay in the applicable compliance date in 
Sec. 63.100(k).
    (f) The source includes the emission points listed in paragraphs 
(f)(1) through (f)(11) of this section, but

[[Page 184]]

those emission points are not subject to the requirements of this 
subpart F and subparts G and H of this part. This subpart does not 
require emission points that are listed in paragraphs (f)(1) through 
(f)(11) of this section to comply with the provisions of subpart A of 
this part.
    (1) Equipment that is located within a chemical manufacturing 
process unit that is subject to this subpart but the equipment does not 
contain organic hazardous air pollutants.
    (2) Stormwater from segregated sewers;
    (3) Water from fire-fighting and deluge systems in segregated 
sewers;
    (4) Spills;
    (5) Water from safety showers;
    (6) Water from testing of deluge systems;
    (7) Water from testing of firefighting systems;
    (8) Vessels storing organic liquids that contain organic hazardous 
air pollutants only as impurities;
    (9) Loading racks, loading arms, or loading hoses that only transfer 
liquids containing organic hazardous air pollutants as impurities;
    (10) Loading racks, loading arms, or loading hoses that vapor 
balance during all loading operations; and
    (11) Equipment that is intended to operate in organic hazardous air 
pollutant service, as defined in Sec. 63.161 of subpart H of this part, 
for less than 300 hours during the calendar year.
    (g) The owner or operator shall follow the procedures specified in 
paragraphs (g)(1) through (g)(4) of this section to determine whether a 
storage vessel is part of the source to which this subpart applies.
    (1) Where a storage vessel is dedicated to a chemical manufacturing 
process unit, the storage vessel shall be considered part of that 
chemical manufacturing process unit.
    (i) If the chemical manufacturing process unit is subject to this 
subpart according to the criteria specified in paragraph (b) of this 
section, then the storage vessel is part of the source to which this 
subpart applies.
    (ii) If the chemical manufacturing process unit is not subject to 
this subpart according to the criteria specified in paragraph (b) of 
this section, then the storage vessel is not part of the source to which 
this subpart applies.
    (2) If a storage vessel is not dedicated to a single chemical 
manufacturing process unit, then the applicability of this subpart F and 
subpart G of this part shall be determined according to the provisions 
in paragraphs (g)(2)(i) through (g)(2)(iii) of this section.
    (i) If a storage vessel is shared among chemical manufacturing 
process units and one of the process units has the predominant use, as 
determined by paragraph (g)(2)(i)(A) and (g)(2)(i)(B) of this section, 
then the storage vessel is part of that chemical manufacturing process 
unit.
    (A) If the greatest input into the storage vessel is from a chemical 
manufacturing process unit that is located on the same plant site, then 
that chemical manufacturing process unit has the predominant use.
    (B) If the greatest input into the storage vessel is provided from a 
chemical manufacturing process unit that is not located on the same 
plant site, then the predominant use is the chemical manufacturing 
process unit on the same plant site that receives the greatest amount of 
material from the storage vessel.
    (ii) If a storage vessel is shared among chemical manufacturing 
process units so that there is no single predominant use, and at least 
one of those chemical manufacturing process units is subject to this 
subpart, the storage vessel shall be considered to be part of the 
chemical manufacturing process unit that is subject to this subpart. If 
more than one chemical manufacturing process unit is subject to this 
subpart, the owner or operator may assign the storage vessel to any of 
the chemical manufacturing process units subject to this subpart.
    (iii) If the predominant use of a storage vessel varies from year to 
year, then the applicability of this subpart shall be determined 
according to the criteria in paragraphs (g)(2)(iii)(A) and 
(g)(2)(iii)(B) of this section, as applicable. This determination shall 
be reported as part of an operating permit application or as otherwise 
specified by the permitting authority.
    (A) For chemical manufacturing process units that produce one or 
more

[[Page 185]]

of the chemicals listed in table 1 of this subpart and meet the criteria 
in paragraphs (b)(2) and (b)(3) of this section, the applicability shall 
be based on the utilization that occurred during the 12-month period 
preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section and 
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
12-month period preceding May 12, 1998.
    (iv) If there is a change in the material stored in the storage 
vessel, the owner or operator shall reevaluate the applicability of this 
subpart to the vessel.
    (3) Where a storage vessel is located at a major source that 
includes one or more chemical manufacturing process units which place 
material into, or receive materials from the storage vessel, but the 
storage vessel is located in a tank farm (including a marine tank farm), 
the applicability of this subpart F and subpart G of this part shall be 
determined according to the provisions in paragraphs (g)(3)(i) through 
(g)(3)(iv) of this section.
    (i) The storage vessel may only be assigned to a chemical 
manufacturing process unit that utilizes the storage vessel and does not 
have an intervening storage vessel for that product (or raw material, as 
appropriate). With respect to any chemical manufacturing process unit, 
an intervening storage vessel means a storage vessel connected by hard-
piping to the chemical manufacturing process unit and to the storage 
vessel in the tank farm so that product or raw material entering or 
leaving the chemical manufacturing process unit flows into (or from) the 
intervening storage vessel and does not flow directly into (or from) the 
storage vessel in the tank farm.
    (ii) If there is no chemical manufacturing process unit at the major 
source that meets the criteria of paragraph (g)(3)(i) of this section 
with respect to a storage vessel, this subpart F and subpart G of this 
part do not apply to the storage vessel.
    (iii) If there is only one chemical manufacturing process unit at 
the major source that meets the criteria of paragraph (g)(3)(i) of this 
section with respect to a storage vessel, the storage vessel shall be 
assigned to that chemical manufacturing process unit. Applicability of 
this subpart F and subpart G to this part to the storage vessel shall 
then be determined according to the provisions of paragraph (b) of this 
section.
    (iv) If there are two or more chemical manufacturing process units 
at the major source that meet the criteria of paragraph (g)(3)(i) of 
this section with respect to a storage vessel, the storage vessel shall 
be assigned to one of those chemical manufacturing process units 
according to the provisions of paragraph (g)(2) of this section. The 
predominant use shall be determined among only those chemical 
manufacturing process units that meet the criteria of paragraph 
(g)(3)(i) of this section. Applicability of this subpart F and subpart G 
of this part to the storage vessel shall then be determined according to 
the provisions of paragraph (b) of this section.
    (4) If the storage vessel begins receiving material from (or sending 
material to) another chemical manufacturing process unit, or ceases to 
receive material from (or send material to) a chemical manufacturing 
process unit, or if the applicability of this subpart F and subpart G of 
this part to a storage vessel has been determined according to the 
provisions of paragraphs (g)(2)(i) and (g)(2)(ii) of this section and 
there is a change so that the predominant use may reasonably have 
changed, the owner or operator shall reevaluate the applicability of 
this subpart to the storage vessel.
    (h) The owner or operator shall follow the procedures specified in 
paragraphs (h)(1) and (h)(2) of this section to determine whether the 
arms and hoses in a loading rack are part of the source to which this 
subpart applies.
    (1) Where a loading rack is dedicated to a chemical manufacturing 
process unit, the loading rack shall be considered part of that specific 
chemical manufacturing process unit.
    (i) If the chemical manufacturing process unit is subject to this 
subpart according to the criteria specified in paragraph (b) of this 
section and the

[[Page 186]]

loading rack does not meet the criteria specified in paragraphs (f)(9) 
and (f)(10) of this section, then the loading rack is considered a 
transfer rack (as defined in Sec. 63.101 of this subpart) and is part 
of the source to which this subpart applies.
    (ii) If the chemical manufacturing process unit is not subject to 
this subpart according to the criteria specified in paragraph (b) of 
this section, then the loading rack is not considered a transfer rack 
(as defined in Sec. 63.101 of this subpart) and is not a part of the 
source to which this subpart applies.
    (2) If a loading rack is shared among chemical manufacturing process 
units, then the applicability of this subpart F and subpart G of this 
part shall be determined at each loading arm or loading hose according 
to the provisions in paragraphs (h)(2)(i) through (h)(2)(iv) of this 
section.
    (i) Each loading arm or loading hose that is dedicated to the 
transfer of liquid organic hazardous air pollutants listed in table 2 of 
this subpart from a chemical manufacturing process unit to which this 
subpart applies is part of that chemical manufacturing process unit and 
is part of the source to which this subpart applies unless the loading 
arm or loading hose meets the criteria specified in paragraphs (f)(9) or 
(f)(10) of this section.
    (ii) If a loading arm or loading hose is shared among chemical 
manufacturing process units, and one of the chemical manufacturing 
process units provides the greatest amount of the material that is 
loaded by the loading arm or loading hose, then the loading arm or 
loading hose is part of that chemical manufacturing process unit.
    (A) If the chemical manufacturing process unit is subject to this 
subpart according to the criteria specified in paragraph (b) of this 
section, then the loading arm or loading hose is part of the source to 
which this subpart applies unless the loading arm or loading hose meets 
the criteria specified in paragraphs (f)(9) or (f)(10) of this section.
    (B) If the chemical manufacturing process unit is not subject to 
this subpart according to the criteria specified in paragraph (b) of 
this section, then the loading arm or loading hose is not part of the 
source to which this subpart applies.
    (iii) If a loading arm or loading hose is shared among chemical 
manufacturing process units so that there is no single predominant use 
as described in paragraph (h)(2)(ii) of this section and at least one of 
those chemical manufacturing process units is subject to this subpart, 
then the loading arm or hose is part of the chemical manufacturing 
process unit that is subject to this subpart. If more than one of the 
chemical manufacturing process units is subject to this subpart, the 
owner or operator may assign the loading arm or loading hose to any of 
the chemical manufacturing process units subject to this subpart.
    (iv) If the predominant use of a loading arm or loading hose varies 
from year to year, then the applicability of this subpart shall be 
determined according to the criteria in paragraphs (h)(2)(iv)(A) and 
(h)(2)(iv)(B) of this section, as applicable. This determination shall 
be reported as part of an operating permit application or as otherwise 
specified by the permitting authority.
    (A) For chemical manufacturing process units that produce one or 
more of the chemicals listed in table 1 of this subpart and meet the 
criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
12-month period preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section and 
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
year preceding May 12, 1998.
    (3) If a loading rack that was dedicated to a single chemical 
manufacturing process unit begins to serve another chemical 
manufacturing process unit, or if applicability was determined under the 
provisions of paragraphs (h)(2)(i) through (h)(2)(iii) of this section 
and there is a change so that the predominant use may reasonably have 
changed, the owner or operator shall reevaluate the applicability of 
this

[[Page 187]]

subpart to the loading rack, loading arm, or loading hose.
    (i) Except as provided in paragraph (i)(4) of this section, the 
owner or operator shall follow the procedures specified in paragraphs 
(i)(1) through (i)(3) and (i)(5) of this section to determine whether 
the vent(s) from a distillation unit is part of the source to which this 
subpart applies.
    (1) Where a distillation unit is dedicated to a chemical 
manufacturing process unit, the distillation column shall be considered 
part of that chemical manufacturing process unit.
    (i) If the chemical manufacturing process unit is subject to this 
subpart according to the criteria specified in paragraph (b) of this 
section, then the distillation unit is part of the source to which this 
subpart applies.
    (ii) If the chemical manufacturing process unit is not subject to 
this subpart according to the criteria specified in paragraph (b) of 
this section, then the distillation unit is not part of the source to 
which this subpart applies.
    (2) If a distillation unit is not dedicated to a single chemical 
manufacturing process unit, then the applicability of this subpart and 
subpart G of this part shall be determined according to the provisions 
in paragraphs (i)(2)(i) through (i)(2)(iv) of this section.
    (i) If the greatest input to the distillation unit is from a 
chemical manufacturing process unit located on the same plant site, then 
the distillation unit shall be assigned to that chemical manufacturing 
process unit.
    (ii) If the greatest input to the distillation unit is provided from 
a chemical manufacturing process unit that is not located on the same 
plant site, then the distillation unit shall be assigned to the chemical 
manufacturing process unit located at the same plant site that receives 
the greatest amount of material from the distillation unit.
    (iii) If a distillation unit is shared among chemical manufacturing 
process units so that there is no single predominant use as described in 
paragraphs (i)(2)(i) and (i)(2)(ii) of this section, and at least one of 
those chemical manufacturing process units is subject to this subpart, 
the distillation unit shall be assigned to the chemical manufacturing 
process unit that is subject to this subpart. If more than one chemical 
manufacturing process unit is subject to this subpart, the owner or 
operator may assign the distillation unit to any of the chemical 
manufacturing process units subject to this subpart.
    (iv) If the predominant use of a distillation unit varies from year 
to year, then the applicability of this subpart shall be determined 
according to the criteria in paragraphs (i)(2)(iv)(A) and (i)(2)(iv)(B), 
as applicable. This determination shall be included as part of an 
operating permit application or as otherwise specified by the permitting 
authority.
    (A) For chemical manufacturing process units that produce one or 
more of the chemicals listed in table 1 of this subpart and meet the 
criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
year preceding April 22, 1994.
    (B) For chemical manufacturing process units that produce one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section and 
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the 
applicability shall be based on the utilization that occurred during the 
year preceding May 12, 1998.
    (3) If the chemical manufacturing process unit to which the 
distillation unit is assigned is subject to this subpart, then each vent 
from the individual distillation unit shall be considered separately to 
determine whether it is a process vent (as defined in Sec. 63.101 of 
this subpart). Each vent that is a process vent is part of the source to 
which this subpart applies.
    (4) If the distillation unit is part of one of the chemical 
manufacturing process units listed in paragraphs (i)(4)(i) through 
(i)(4)(iii) of this section, then each vent from the individual 
distillation unit shall be considered separately to determine whether it 
is a process vent (as defined in Sec. 63.101 of this subpart). Each 
vent that is a process vent is part of the source to which this subpart 
applies:
    (i) The Aromex unit that produces benzene, toluene, and xylene;
    (ii) The unit that produces hexane; or
    (iii) The unit that produces cyclohexane.

[[Page 188]]

    (5) If a distillation unit that was dedicated to a single chemical 
manufacturing process unit, or that was part of a chemical manufacturing 
unit identified in paragraphs (i)(4)(i) through (i)(4)(iii) of this 
section, begins to serve another chemical manufacturing process unit, or 
if applicability was determined under the provisions of paragraphs 
(i)(2)(i) through (i)(2)(iii) of this section and there is a change so 
that the predominant use may reasonably have changed, the owner or 
operator shall reevaluate the applicability of this subpart to the 
distillation unit.
    (j) The provisions of subparts F, G, and H of this part do not apply 
to the processes specified in paragraphs (j)(1) through (j)(6) of this 
section. Subparts F, G, and H do not require processes specified in 
paragraphs (j)(1) through (j)(6) to comply with the provisions of 
subpart A of this part.
    (1) Research and development facilities, regardless of whether the 
facilities are located at the same plant site as a chemical 
manufacturing process unit that is subject to the provisions of subparts 
F, G, or H of this part.
    (2) Petroleum refining process units, regardless of whether the 
units supply feedstocks that include chemicals listed in table 1 of this 
subpart to chemical manufacturing process units that are subject to the 
provisions of subparts F, G, or H of this part.
    (3) Ethylene process units, regardless of whether the units supply 
feedstocks that include chemicals listed in table 1 of this subpart to 
chemical manufacturing process units that are subject to the provisions 
of subpart F, G, or H of this part.
    (4) Batch process vents within a chemical manufacturing process 
unit.
    (5) Chemical manufacturing process units that are located in coke 
by-product recovery plants.
    (6) Solvent reclamation, recovery, or recycling operations at 
hazardous waste TSDF facilities requiring a permit under 40 CFR part 270 
that are separate entities and not part of a SOCMI chemical 
manufacturing process unit.
    (k) Except as provided in paragraphs (l), (m), and (p) of this 
section, sources subject to subparts F, G, or H of this part are 
required to achieve compliance on or before the dates specified in 
paragraphs (k)(1) through (k)(8) of this section.
    (1)(i) New sources that commence construction or reconstruction 
after December 31, 1992, but before August 27, 1996 shall be in 
compliance with this subpart F, subparts G and H of this part upon 
initial start-up or by April 22, 1994, whichever is later, as provided 
in Sec. 63.6(b) of subpart A of this part, and further, where start-up 
occurs before January 17, 1997 shall also be in compliance with this 
subpart F and subparts G and H of this part (as amended on January 17, 
1997) by January 17, 1997, except that, with respect to all new sources 
that commenced construction or reconstruction after December 31, 1992, 
and before August 27, 1996:
    (A) Heat exchange systems and maintenance wastewater, that are part 
of a new source on which construction or reconstruction commenced after 
December 31, 1992, but before August 27, 1996, shall be in compliance 
with this subpart F no later than initial start-up or 180 days after 
January 17, 1997, whichever is later;
    (B) Process wastewater streams and equipment subject to Sec. 
63.149, that are part of a new source on which construction or 
reconstruction commenced after December 31, 1992, but before August 27, 
1996, shall be in compliance with this subpart F and subpart G of this 
part no later than initial start-up or 180 days after January 17, 1997, 
whichever is later; and
    (ii) New sources that commence construction after August 26, 1996 
shall be in compliance with this subpart F, subparts G and H of this 
part upon initial start-up or by January 17, 1997, whichever is later.
    (2) Existing sources shall be in compliance with this subpart F and 
subpart G of this part no later than the dates specified in paragraphs 
(k)(2)(i) and (k)(2)(ii) of this section, unless an extension has been 
granted by the Administrator as provided in Sec. 63.151(a)(6) of 
subpart G of this part or granted by the permitting authority as 
provided in Sec. 63.6(i) of subpart A of this part.
    (i) Process vents, storage vessels, and transfer racks at an 
existing source

[[Page 189]]

shall be in compliance with the applicable sections of this subpart and 
subpart G of this part no later than April 22, 1997.
    (ii) Heat exchange systems and maintenance wastewater shall be in 
compliance with the applicable sections of this subpart, and equipment 
subject to Sec. 63.149 and process wastewater streams shall be in 
compliance with the applicable sections of this subpart and subpart G of 
this part no later than April 22, 1999, except as provided in paragraphs 
(k)(2)(ii)(A) and (k)(2)(ii)(B) of this section.
    (A) If a process wastewater stream or equipment subject to Sec. 
63.149 is subject to the control requirements of subpart G of this part 
due to the contribution of nitrobenzene to the total annual average 
concentration (as determined according to the procedures in Sec. 
63.144(b) of subpart G of this part), the wastewater stream shall be in 
compliance no later than January 18, 2000.
    (B) If a process wastewater stream is used to generate credits in an 
emissions average in accordance with Sec. 63.150 of subpart G of this 
part, the process wastewater stream shall be in compliance with the 
applicable sections of subpart G of this part no later than April 22, 
1997.
    (3) Existing sources shall be in compliance with subpart H of this 
part no later than the dates specified in paragraphs (k)(3)(i) through 
(k)(3)(v) of this section, except as provided for in paragraphs (k)(4) 
through (k)(8) of this section, unless an extension has been granted by 
the Administrator as provided in Sec. 63.182(a)(6) of this part or 
granted by the permitting authority as provided in Sec. 63.6(i) of 
subpart A of this part. The group designation for each process unit is 
indicated in table 1 of this subpart.
    (i) Group I: October 24, 1994.
    (ii) Group II: January 23, 1995.
    (iii) Group III: April 24, 1995.
    (iv) Group IV: July 24, 1995.
    (v) Group V: October 23, 1995.
    (4) Existing chemical manufacturing process units in Groups I and II 
as identified in table 1 of this subpart shall be in compliance with the 
requirements of Sec. 63.164 of subpart H no later than May 10, 1995, 
for any compressor meeting one or more of the criteria in paragraphs 
(k)(4)(i) through (k)(4)(iv) of this section, if the work can be 
accomplished without a process unit shutdown, as defined in Sec. 63.161 
in subpart H.
    (i) The seal system will be replaced;
    (ii) A barrier fluid system will be installed;
    (iii) A new barrier fluid will be utilized which requires changes to 
the existing barrier fluid system; or
    (iv) The compressor must be modified to permit connecting the 
compressor to a closed vent system.
    (5) Existing chemical manufacturing process units shall be in 
compliance with the requirements of Sec. 63.164 in subpart H no later 
than 1 year after the applicable compliance date specified in paragraph 
(k)(3) of this section, for any compressor meeting the criteria in 
paragraphs (k)(5)(i) through (k)(5)(iv) of this section.
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (k)(4) (i) through (iv) of this section;
    (ii) The work can be accomplished without a process unit shutdown as 
defined in Sec. 63.161 of subpart H;
    (iii) The additional time is actually necessary due to the 
unavailability of parts beyond the control of the owner or operator; and
    (iv) The owner or operator submits a request to the appropriate EPA 
Regional Office at the addresses listed in Sec. 63.13 of subpart A of 
this part no later than 45 days before the applicable compliance date in 
paragraph (k)(3) of this section, but in no event earlier than May 10, 
1995. The request shall include the information specified in paragraphs 
(k)(5)(iv)(A) through (k)(5)(iv)(E) of this section. Unless the EPA 
Regional Office objects to the request within 30 days after receipt, the 
request shall be deemed approved.
    (A) The name and address of the owner or operator and the address of 
the existing source if it differs from the address of the owner or 
operator;
    (B) The name, address, and telephone number of a contact person for 
further information;
    (C) An identification of the chemical manufacturing process unit, 
and of the specific equipment for which additional compliance time is 
required;

[[Page 190]]

    (D) The reason compliance can not reasonably be achieved by the 
applicable date specified in paragraphs (k)(3)(i) through (k)(3)(v) of 
this section; and
    (E) The date by which the owner or operator expects to achieve 
compliance.
    (6)(i) If compliance with the compressor provisions of Sec. 63.164 
of subpart H of this part can not reasonably be achieved without a 
process unit shutdown, as defined in Sec. 63.161 of subpart H, the 
owner or operator shall achieve compliance no later than April 22, 1996, 
except as provided for in paragraph (k)(6)(ii) of this section. The 
owner or operator who elects to use this provision shall comply with the 
requirements of Sec. 63.103(g) of this subpart.
    (ii) If compliance with the compressor provisions of Sec. 63.164 of 
subpart H of this part can not be achieved without replacing the 
compressor or recasting the distance piece, the owner or operator shall 
achieve compliance no later than April 22, 1997. The owner or operator 
who elects to use this provision shall also comply with the requirements 
of Sec. 63.103(g) of this subpart.
    (7) Existing sources shall be in compliance with the provisions of 
Sec. 63.170 of subpart H no later than April 22, 1997.
    (8) If an owner or operator of a chemical manufacturing process unit 
subject to the provisions of subparts F, G, and H of part 63 plans to 
implement pollution prevention measures to eliminate the use or 
production of HAP listed in table 2 of this subpart by October 23, 1995, 
the provisions of subpart H do not apply regardless of the compliance 
dates specified in paragraph (k)(3) of this section. The owner or 
operator who elects to use this provision shall comply with the 
requirements of Sec. 63.103(h) of this subpart.
    (9) All terms in this subpart F or subpart G of this part that 
define a period of time for completion of required tasks (e.g., weekly, 
monthly, quarterly, annual), unless specified otherwise in the section 
or subsection that imposes the requirement, refer to the standard 
calendar periods.
    (i) Notwithstanding time periods specified in this subpart F or 
subpart G of this part for completion of required tasks, such time 
periods may be changed by mutual agreement between the owner or operator 
and the Administrator, as specified in subpart A of this part (e.g., a 
period could begin on the compliance date or another date, rather than 
on the first day of the standard calendar period). For each time period 
that is changed by agreement, the revised period shall remain in effect 
until it is changed. A new request is not necessary for each recurring 
period.
    (ii) Where the period specified for compliance is a standard 
calendar period, if the initial compliance date occurs after the 
beginning of the period, compliance shall be required according to the 
schedule specified in paragraphs (k)(9)(ii)(A) or (k)(9)(ii)(B) of this 
section, as appropriate.
    (A) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs, if there 
remain at least 3 days for tasks that must be performed weekly, at least 
2 weeks for tasks that must be performed monthly, at least 1 month for 
tasks that must be performed each quarter, or at least 3 months for 
tasks that must be performed annually; or
    (B) In all other cases, compliance shall be required before the end 
of the first full standard calendar period after the period within which 
the initial compliance deadline occurs.
    (iii) In all instances where a provision of this subpart F or 
subpart G of this part requires completion of a task during each of 
multiple successive periods, an owner or operator may perform the 
required task at any time during the specified period, provided the task 
is conducted at a reasonable interval after completion of the task 
during the previous period.
    (l)(1) If an additional chemical manufacturing process unit meeting 
the criteria specified in paragraph (b) of this section is added to a 
plant site that is a major source as defined in section 112(a) of the 
Act, the addition shall be subject to the requirements for a new source 
in subparts F, G, and H of this part if:
    (i) It is an addition that meets the definition of construction in 
Sec. 63.2 of subpart A of this part;
    (ii)(A) Such construction commenced after December 31, 1992 for 
chemical

[[Page 191]]

manufacturing process units that produce as a primary product one or 
more of the chemicals listed in table 1 of this subpart;
    (B) Such construction commenced after August 22, 1997 for chemical 
manufacturing process units that produce as a primary product one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section; 
and
    (iii) The addition has the potential to emit 10 tons per year or 
more of any HAP or 25 tons per year or more of any combination of HAP's, 
unless the Administrator establishes a lesser quantity.
    (2) If any change is made to a chemical manufacturing process unit 
subject to this subpart, the change shall be subject to the requirements 
of a new source in subparts F, G, and H of this part if:
    (i) It is a change that meets the definition of reconstruction in 
Sec. 63.2 of subpart A of this part; and
    (ii)(A) Such reconstruction commenced after December 31, 1992 for 
chemical manufacturing process units that produce as a primary product 
one or more of the chemicals listed in table 1 of this subpart; and
    (B) Such construction commenced after August 22, 1997 for chemical 
manufacturing process units that produce as a primary product one or 
more of the chemicals listed in paragraph (b)(1)(ii) of this section.
    (3) If an additional chemical manufacturing process unit is added to 
a plant site or a change is made to a chemical manufacturing process 
unit and the addition or change is determined to be subject to the new 
source requirements according to paragraph (l)(1) or (l)(2) of this 
section:
    (i) The new or reconstructed source shall be in compliance with the 
new source requirements of subparts F, G, and H of this part upon 
initial start-up of the new or reconstructed source or by April 22, 
1994, whichever is later; and
    (ii) The owner or operator of the new or reconstructed source shall 
comply with the reporting and recordkeeping requirements in subparts F, 
G, and H of this part that are applicable to new sources. The applicable 
reports include, but are not limited to:
    (A) The application for approval of construction or reconstruction 
which shall be submitted by the date specified in Sec. 63.151(b)(2)(ii) 
of subpart G of this part, or an Initial Notification as specified in 
Sec. 63.151(b)(2)(iii) of subpart G of this part;
    (B) Changes that meet the criteria in Sec. 63.151(j) of subpart G 
of this part, unless the information has been submitted in an operating 
permit application or amendment;
    (C) The Notification of Compliance Status as required by Sec. 
63.152(b) of subpart G of this part for the new or reconstructed source;
    (D) Periodic Reports and Other Reports as required by Sec. 
63.152(c) and (d) of subpart G of this part;
    (E) Reports required by Sec. 63.182 of subpart H of this part; and
    (F) Reports and notifications required by sections of subpart A of 
this part that are applicable to subparts F, G, and H of this part, as 
identified in table 3 of this subpart.
    (4) If an additional chemical manufacturing process unit is added to 
a plant site, or if an emission point is added to an existing chemical 
manufacturing process unit, or if another deliberate operational process 
change creating an additional Group 1 emission point(s) is made to an 
existing chemical manufacturing process unit, or if a surge control 
vessel or bottoms receiver becomes subject to Sec. 63.170 of subpart H, 
or if a compressor becomes subject to Sec. 63.164 of subpart H, and if 
the addition or change is not subject to the new source requirements as 
determined according to paragraph (l)(1) or (l)(2) of this section, the 
requirements in paragraphs (l)(4)(i) through (l)(4)(iii) of this section 
shall apply. Examples of process changes include, but are not limited 
to, changes in production capacity, feedstock type, or catalyst type, or 
whenever there is replacement, removal, or addition of recovery 
equipment. For purposes of this paragraph and paragraph (m) of this 
section, process changes do not include: Process upsets, unintentional 
temporary process changes, and changes that are within

[[Page 192]]

the equipment configuration and operating conditions documented in the 
Notification of Compliance Status required by Sec. 63.152(b) of subpart 
G of this part.
    (i) The added emission point(s) and any emission point(s) within the 
added or changed chemical manufacturing process unit are subject to the 
requirements of subparts F, G, and H of this part for an existing 
source;
    (ii) The added emission point(s) and any emission point(s) within 
the added or changed chemical manufacturing process unit shall be in 
compliance with subparts F, G, and H of this part by the dates specified 
in paragraph (l)(4)(ii) (A) or (B) of this section, as applicable.
    (A) If a chemical manufacturing process unit is added to a plant 
site or an emission point(s) is added to an existing chemical 
manufacturing process unit, the added emission point(s) shall be in 
compliance upon initial start-up of the added chemical manufacturing 
process unit or emission point(s) or by 3 years after April 22, 1994, 
whichever is later.
    (B) If a deliberate operational process change to an existing 
chemical manufacturing process unit causes a Group 2 emission point to 
become a Group 1 emission point, if a surge control vessel or bottoms 
receiver becomes subject to Sec. 63.170 of subpart H, or if a 
compressor becomes subject to Sec. 63.164 of subpart H, the owner or 
operator shall be in compliance upon initial start-up or by 3 years 
after April 22, 1994, whichever is later, unless the owner or operator 
demonstrates to the Administrator that achieving compliance will take 
longer than making the change. If this demonstration is made to the 
Administrator's satisfaction, the owner or operator shall follow the 
procedures in paragraphs (m)(1) through (m)(3) of this section to 
establish a compliance date.
    (iii) The owner or operator of a chemical manufacturing process unit 
or emission point that is added to a plant site and is subject to the 
requirements for existing sources shall comply with the reporting and 
recordkeeping requirements of subparts F, G, and H of this part that are 
applicable to existing sources, including, but not limited to, the 
reports listed in paragraphs (l)(4)(iii) (A) through (E) of this 
section. A change to an existing chemical manufacturing process unit 
shall be subject to the reporting requirements for existing sources, 
including but not limited to, the reports listed in paragraphs 
(l)(4)(iii)(A) through (E) of this section if the change meets the 
criteria specified in Sec. 63.118(g), (h), (i), or (j) of subpart G of 
this part for process vents or the criteria in Sec. 63.155(i) or (j) of 
subpart G of this part. The applicable reports include, but are not 
limited to:
    (A) Reports specified in Sec. 63.151(i) and (j) of subpart G of 
this part, unless the information has been submitted in an operating 
permit application or amendment;
    (B) The Notification of Compliance Status as required by Sec. 
63.152(b) of subpart G of this part for the emission points that were 
added or changed;
    (C) Periodic Reports and other reports as required by Sec. 63.152 
(c) and (d) of subpart G of this part;
    (D) Reports required by Sec. 63.182 of subpart H of this part; and
    (E) Reports and notifications required by sections of subpart A of 
this part that are applicable to subparts F, G, and H of this part, as 
identified in table 3 of this subpart.
    (m) If a change that does not meet the criteria in paragraph (l)(4) 
of this section is made to a chemical manufacturing process unit subject 
to subparts F and G of this part, and the change causes a Group 2 
emission point to become a Group 1 emission point (as defined in Sec. 
63.111 of subpart G of this part), then the owner or operator shall 
comply with the requirements of subpart G of this part for the Group 1 
emission point as expeditiously as practicable, but in no event later 
than 3 years after the emission point becomes Group 1.
    (1) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (2) The compliance schedule shall be submitted with the report 
required in Sec. 63.151(i)(2) of subpart G of this part for emission 
points included in an emissions average or Sec. 63.151(j)(1) or subpart 
G of this part for emission points not in an emissions average, unless 
the

[[Page 193]]

compliance schedule has been submitted in an operating permit 
application or amendment.
    (3) The Administrator shall approve the compliance schedule or 
request changes within 120 calendar days of receipt of the compliance 
schedule and justification.
    (n) Rules stayed for reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of subpart F is stayed from 
October 24, 1994, to April 24, 1995, only as applied to those sources 
for which the owner or operator makes a representation in writing to the 
Administrator that the resolution of the area source definition issues 
could have an effect on the compliance status of the source with respect 
to subpart F.
    (o) Sections stayed for reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of Sec. Sec. 63.164 and 
63.170 of subpart H is stayed from October 28, 1994, to April 24, 1995, 
only as applied to those sources subject to Sec. 63.100(k)(3) (i) and 
(ii).
    (p) Compliance dates for chemical manufacturing process units that 
produce crotonaldehyde or tetrahydrobenzaldehyde. Notwithstanding the 
provisions of paragraph (k) of this section, chemical manufacturing 
process units that meet the criteria in paragraphs (b)(1)(ii), (b)(2), 
and (b)(3) of this section shall be in compliance with this subpart and 
subparts G and H of this part by the dates specified in paragraphs 
(p)(1) and (p)(2) of this section, as applicable.
    (1) If the source consists only of chemical manufacturing process 
units that produce as a primary product one or more of the chemicals 
listed in paragraph (b)(1)(ii) of this section, new sources shall comply 
by the date specified in paragraph (p)(1)(i) of this section and 
existing sources shall comply by the dates specified in paragraphs 
(p)(1)(ii) and (p)(1)(iii) of this section.
    (i) Upon initial start-up or May 12, 1998, whichever is later.
    (ii) This subpart and subpart G of this part by May 14, 2001, unless 
an extension has been granted by the Administrator as provided in Sec. 
63.151(a)(6) or granted by the permitting authority as provided in Sec. 
63.6(i) of subpart A of this part. When April 22, 1994 is referred to in 
this subpart and subpart G of this part, May 12, 1998 shall be used as 
the applicable date for that provision. When December 31, 1992 is 
referred to in this subpart and subpart G of this part, August 22, 1997 
shall be used as the applicable date for that provision.
    (iii) Subpart H of this part by May 12, 1999, unless an extension 
has been granted by the Administrator as provided in Sec. 63.151(a)(6) 
or granted by the permitting authority as provided in Sec. 63.6(i) of 
subpart A of this part. When April 22, 1994 is referred to in subpart H 
of this part, May 12, 1998 shall be used as the applicable date for that 
provision. When December 31, 1992 is referred to in subpart H of this 
part, August 22, 1997 shall be used as the applicable date for that 
provision.
    (2) If the source consists of a combination of chemical 
manufacturing process units that produce as a primary product one or 
more of the chemicals listed in paragraphs (b)(1)(i) and (b)(1)(ii) of 
this section, new chemical manufacturing process units that meet the 
criteria in paragraph (b)(1)(ii) of this section shall comply by the 
date specified in paragraph (p)(1)(i) of this section and existing 
chemical manufacturing process units producing crotonaldehyde and/or 
tetrahydrobenzaldehyde shall comply by the dates specified in paragraphs 
(p)(1)(ii) and (p)(1)(iii) of this section.
    (q) If the owner or operator of a process vent, or of a gas stream 
transferred subject to Sec. 63.113(i), is unable to comply with the 
provisions of Sec. Sec. 63.113 through 63.118 by the applicable 
compliance date specified in paragraph (k),(l), or (m) of this section 
for the reasons stated in paragraph (q)(1),(3), or (5) of this section, 
the owner or operator shall comply with the applicable provisions in 
Sec. Sec. 63.113 through 63.118 as expeditiously as practicable, but in 
no event later than the date approved by the Administrator pursuant to 
paragraph (q)(2), (4), or (6) of this section, respectively. For 
requests under paragraph (q)(1) or (3) of this section, the date 
approved by the Administrator may be earlier than, and shall not be 
later than, the later of January 22, 2004 or 3 years after the 
transferee's refusal

[[Page 194]]

to accept the stream for disposal. For requests submitted under 
paragraph (q)(5) of this section, the date approved by the Administrator 
may be earlier than, and shall not be later than, 3 years after the date 
of publication of the amendments to this subpart or to subpart G of this 
part which created the need for an extension of the compliance.
    (1) If the owner or operator has been sending a gas stream for 
disposal as described in Sec. 63.113(i) prior to January 22, 2001, and 
the transferee does not submit a written certification as described in 
Sec. 63.113(i)(2) and ceases to accept the gas stream for disposal, the 
owner or operator shall comply with paragraph (q)(2) of this section.
    (2)(i) An owner or operator directed to comply with paragraph (q)(2) 
of this section shall submit to the Administrator for approval a 
compliance schedule, along with a justification for the schedule.
    (ii) The compliance schedule and justification shall be submitted no 
later than 90 days after the transferee ceases to accept the gas stream 
for disposal.
    (iii) The Administrator shall approve the compliance schedule or 
request changes within 120 days of receipt of the compliance schedule 
and justification.
    (3) If the owner or operator has been sending the gas stream for 
disposal as described in Sec. 63.113(i) to a transferee who had 
submitted a written certification as described in Sec. 63.113(i)(2), 
and the transferee revokes its written certification, the owner or 
operator shall comply with paragraph (q)(4) of this section. During the 
period between the date when the owner or operator receives notice of 
revocation of the transferee's written certification and the compliance 
date established under paragraph (q)(4) of this section, the owner or 
operator shall implement, to the extent reasonably available, measures 
to prevent or minimize excess emissions to the extent practical. For 
purposes of this paragraph (q)(3), the term ``excess emissions'' means 
emissions in excess of those that would have occurred if the transferee 
had continued managing the gas stream in compliance with the 
requirements in Sec. Sec. 63.113 through 63.118. The measures to be 
taken shall be identified in the applicable startup, shutdown, and 
malfunction plan. If the measures that can be reasonably taken will 
change over time, so that a more effective measure which could not 
reasonably be taken initially would be reasonable at a later date, the 
Administrator may require the more effective measure by a specified date 
(in addition to or instead of any other measures taken sooner or later 
than that date) as a condition of approval of the compliance schedule.
    (4)(i) An owner or operator directed to comply with this paragraph 
(q)(4) shall submit to the Administrator for approval the documents 
specified in paragraphs (q)(4)(i)(A) through (E) of this section no 
later than 90 days after the owner or operator receives notice of 
revocation of the transferee's written certification.
    (A) A request for determination of a compliance date.
    (B) A justification for the request for determination of a 
compliance date.
    (C) A compliance schedule.
    (D) A justification for the compliance schedule.
    (E) A description of the measures that will be taken to minimize 
excess emissions until the new compliance date, and the date when each 
measure will first be implemented. The owner or operator shall describe 
how, and to what extent, each measure will minimize excess emissions, 
and shall justify any period of time when measures are not in place.
    (ii) The Administrator shall approve or disapprove the request for 
determination of a compliance date and the compliance schedule, or 
request changes, within 120 days after receipt of the documents 
specified in paragraphs (q)(4)(i)(A) through (E) of this section. Upon 
approving the request for determination and compliance schedule, the 
Administrator shall specify a reasonable compliance date consistent with 
the introductory text in paragraph (q) of this section.
    (5) If the owner's or operator's inability to meet otherwise 
applicable compliance deadlines is due to amendments of this subpart or 
of subpart G of this part published on or after January 22, 2001 and 
neither condition specified in paragraph (q)(1) or (3) of this section 
is

[[Page 195]]

applicable, the owner or operator shall comply with paragraph (q)(6) of 
this section.
    (6)(i) An owner or operator directed to comply with this paragraph 
(6)(i) shall submit to the Administrator for approval, a request for 
determination of a compliance date, a compliance schedule, a 
justification for the determination of a compliance date, and a 
justification for the compliance schedule.
    (ii) The documents required to be submitted under paragraph 
(q)(6)(i) of this section shall be submitted no later than 120 days 
after publication of the amendments of this subpart or of subpart G of 
this part which necessitate the request for an extension.
    (iii) The Administrator shall approve or disapprove the request for 
a determination of a compliance date, or request changes, within 120 
days after receipt of the request for determination of a compliance 
date, the compliance schedule, and the two justifications. If the 
request for determination of a compliance date is disapproved, the 
compliance schedule is disapproved and the owner or operator shall 
comply by the applicable date specified in paragraph (k),(l), or (m) of 
this section. If the request for the determination of a compliance date 
is approved, the Administrator shall specify, at the time of approval, a 
reasonable compliance date consistent with the introductory text in 
paragraph (q) of this section.

[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 53360, Oct. 24, 1994; 
59 FR 54132, Oct. 28, 1994; 60 FR 5321, Jan. 27, 1995; 60 FR 18023, 
18028, Apr. 10, 1995; 60 FR 63626, Dec. 12, 1995; 61 FR 7718, Feb. 29, 
1996; 61 FR 64574, Dec. 5, 1996; 62 FR 2729, Jan. 17, 1997; 63 FR 26081, 
May 12, 1998; 64 FR 20191, Apr. 26, 1999; 66 FR 6927, Jan. 22, 2001]



Sec. 63.101  Definitions.

    (a) The following terms as used in subparts F, G, and H of this part 
shall have the meaning given them in subpart A of this part: Act, actual 
emissions, Administrator, affected source, approved permit program, 
commenced, compliance date, construction, continuous monitoring system, 
continuous parameter monitoring system, effective date, emission 
standard, emissions averaging, EPA, equivalent emission limitation, 
existing source, Federally enforceable, fixed capital cost, hazardous 
air pollutant, lesser quantity, major source, malfunction, new source, 
owner or operator, performance evaluation, performance test, permit 
program, permitting authority, reconstruction, relevant standard, 
responsible official, run, standard conditions, State, and stationary 
source.
    (b) All other terms used in this subpart and subparts G and H of 
this part shall have the meaning given them in the Act and in this 
section. If the same term is defined in subpart A of this part and in 
this section, it shall have the meaning given in this section for 
purposes of subparts F, G, and H of this part.
    Air oxidation reactor means a device or vessel in which air, or a 
combination of air and oxygen, is used as an oxygen source in 
combination with one or more organic reactants to produce one or more 
organic compounds. Air oxidation reactor includes the product separator 
and any associated vacuum pump or steam jet.
    Batch operation means a noncontinuous operation in which a discrete 
quantity or batch of feed is charged into a unit operation within a 
chemical manufacturing process unit and processed at one time. Batch 
operation includes noncontinuous operations in which the equipment is 
fed intermittently or discontinuously. Addition of raw material and 
withdrawal of product do not occur simultaneously in a batch operation. 
After each batch operation, the equipment is generally emptied before a 
fresh batch is started.
    Batch process vent means gaseous venting to the atmosphere from a 
batch operation.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    By-product means a chemical that is produced coincidentally during 
the production of another chemical.
    Chemical manufacturing process unit means the equipment assembled 
and connected by pipes or ducts to process raw materials and to 
manufacture an intended product. A chemical manufacturing process unit 
consists of more

[[Page 196]]

than one unit operation. For the purpose of this subpart, chemical 
manufacturing process unit includes air oxidation reactors and their 
associated product separators and recovery devices; reactors and their 
associated product separators and recovery devices; distillation units 
and their associated distillate receivers and recovery devices; 
associated unit operations; associated recovery devices; and any feed, 
intermediate and product storage vessels, product transfer racks, and 
connected ducts and piping. A chemical manufacturing process unit 
includes pumps, compressors, agitators, pressure relief devices, 
sampling connection systems, open-ended valves or lines, valves, 
connectors, instrumentation systems, and control devices or systems. A 
chemical manufacturing process unit is identified by its primary 
product.
    Control device means any combustion device, recovery device, or 
recapture device. Such equipment includes, but is not limited to, 
absorbers, carbon adsorbers, condensers, incinerators, flares, boilers, 
and process heaters. For process vents (as defined in this section), 
recapture devices are considered control devices but recovery devices 
are not considered control devices. For a steam stripper, a primary 
condenser is not considered a control device.
    Co-product means a chemical that is produced during the production 
of another chemical.
    Distillate receiver means overhead receivers, overhead accumulators, 
reflux drums, and condenser(s) including ejector-condenser(s) associated 
with a distillation unit.
    Distillation unit means a device or vessel in which one or more feed 
streams are separated into two or more exit streams, each exit stream 
having component concentrations different from those in the feed 
stream(s). The separation is achieved by the redistribution of the 
components between the liquid and the vapor phases by vaporization and 
condensation as they approach equilibrium within the distillation unit. 
Distillation unit includes the distillate receiver, reboiler, and any 
associated vacuum pump or steam jet.
    Emission point means an individual process vent, storage vessel, 
transfer rack, wastewater stream, or equipment leak.
    Equipment leak means emissions of organic hazardous air pollutants 
from a connector, pump, compressor, agitator, pressure relief device, 
sampling connection system, open-ended valve or line, valve, surge 
control vessel, bottoms receiver, or instrumentation system in organic 
hazardous air pollutant service as defined in Sec. 63.161.
    Ethylene process or ethylene process unit means a chemical 
manufacturing process unit in which ethylene and/or propylene are 
produced by separation from petroleum refining process streams or by 
subjecting hydrocarbons to high temperatures in the presence of steam. 
The ethylene process unit includes the separation of ethylene and/or 
propylene from associated streams such as a C4 product, 
pyrolysis gasoline, and pyrolysis fuel oil. The ethylene process does 
not include the manufacture of SOCMI chemicals such as the production of 
butadiene from the C4 stream and aromatics from pyrolysis 
gasoline.
    Flexible operation unit means a chemical manufacturing process unit 
that manufactures different chemical products periodically by 
alternating raw materials or operating conditions. These units are also 
referred to as campaign plants or blocked operations.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use as fuel gas in combustion devices 
or in in-process combustion equipment such as furnaces and gas turbines 
either singly or in combination.
    Heat exchange system means any cooling tower system or once-through 
cooling water system (e.g., river or pond water). A heat exchange system 
can include more than one heat exchanger and can include an entire 
recirculating or once-through cooling system.

[[Page 197]]

    Impurity means a substance that is produced coincidentally with the 
primary product, or is present in a raw material. An impurity does not 
serve a useful purpose in the production or use of the primary product 
and is not isolated.
    Initial start-up means the first time a new or reconstructed source 
begins production, or, for equipment added or changed as described in 
Sec. 63.100 (l) or (m) of this subpart, the first time the equipment is 
put into operation. Initial start-up does not include operation solely 
for testing equipment. For purposes of subpart G of this part, initial 
start-up does not include subsequent start-ups (as defined in this 
section) of chemical manufacturing process units following malfunctions 
or shutdowns or following changes in product for flexible operation 
units or following recharging of equipment in batch operation. For 
purposes of subpart H of this part, initial start-up does not include 
subsequent start-ups (as defined in Sec. 63.161 of subpart H of this 
part) of process units (as defined in Sec. 63.161 of subpart H of this 
part) following malfunctions or process unit shutdowns.
    Loading rack means a single system used to fill tank trucks and 
railcars at a single geographic site. Loading equipment and operations 
that are physically separate (i.e, do not share common piping, valves, 
and other equipment) are considered to be separate loading racks.
    Maintenance wastewater means wastewater generated by the draining of 
process fluid from components in the chemical manufacturing process unit 
into an individual drain system prior to or during maintenance 
activities. Maintenance wastewater can be generated during planned and 
unplanned shutdowns and during periods not associated with a shutdown. 
Examples of activities that can generate maintenance wastewaters include 
descaling of heat exchanger tubing bundles, cleaning of distillation 
column traps, draining of low legs and high point bleeds, draining of 
pumps into an individual drain system, and draining of portions of the 
chemical manufacturing process unit for repair.
    On-site or On site means, with respect to records required to be 
maintained by this subpart, that the records are stored at a location 
within a major source which encompasses the affected source. On-site 
includes, but is not limited to, storage at the chemical manufacturing 
process unit to which the records pertain, or storage in central files 
elsewhere at the major source.
    Operating permit means a permit required by 40 CFR part 70 or 71.
    Organic hazardous air pollutant or organic HAP means one of the 
chemicals listed in table 2 of this subpart.
    Petroleum refining process, also referred to as a petroleum refining 
process unit, means a process that for the purpose of producing 
transportation fuels (such as gasoline and diesel fuels), heating fuels 
(such as fuel gas, distillate, and residual fuel oils), or lubricants 
separates petroleum or separates, cracks, or reforms unfinished 
derivatives. Examples of such units include, but are not limited to, 
alkylation units, catalytic hydrotreating, catalytic hydrorefining, 
catalytic hydrocracking, catalytic reforming, catalytic cracking, crude 
distillation, and thermal processes.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Process vent means the point of discharge to the atmosphere (or the 
point of entry into a control device, if any) of a gas stream if the gas 
stream has the characteristics specified in Sec. 63.107(b) through (h), 
or meets the criteria specified in Sec. 63.107(i). For purposes of 
Sec. Sec. 63.113 through 63.118, all references to the characteristics 
of a process vent (e.g., flow rate, total HAP concentration, or TRE 
index value) shall mean the characteristics of the gas stream.
    Process wastewater means wastewater which, during manufacturing or 
processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, by-product, or waste product. Examples are product tank 
drawdown or feed tank drawdown;

[[Page 198]]

water formed during a chemical reaction or used as a reactant; water 
used to wash impurities from organic products or reactants; water used 
to cool or quench organic vapor streams through direct contact; and 
condensed steam from jet ejector systems pulling vacuum on vessels 
containing organics.
    Product means a compound or chemical which is manufactured as the 
intended product of the chemical manufacturing process unit. By-
products, isolated intermediates, impurities, wastes, and trace 
contaminants are not considered products.
    Product separator means phase separators, flash drums, knock-out 
drums, decanters, degassers, and condenser(s) including ejector-
condenser(s) associated with a reactor or an air oxidation reactor.
    Reactor means a device or vessel in which one or more chemicals or 
reactants, other than air, are combined or decomposed in such a way that 
their molecular structures are altered and one or more new organic 
compounds are formed. Reactor includes the product separator and any 
associated vacuum pump or steam jet.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. For example, a recapture device may recover 
chemicals primarily for disposal. Recapture devices include, but are not 
limited to, absorbers, carbon adsorbers, and condensers.
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals for fuel value 
(i.e., net positive heating value), use, reuse or for sale for fuel 
value, use, or reuse. Examples of equipment that may be recovery devices 
include absorbers, carbon adsorbers, condensers, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin-film evaporation units. For purposes of the 
monitoring, recordkeeping, and reporting requirements of subpart G of 
this part, recapture devices are considered recovery devices.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products for commercial sale, except in a de 
minimis manner.
    Shutdown means for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of a chemical manufacturing process unit or a reactor, air 
oxidation reactor, distillation unit, waste management unit, equipment 
required or used to comply with this subpart F, subparts G, or H of this 
part or the emptying and degassing of a storage vessel. Shutdown does 
not include the routine rinsing or washing of equipment in batch 
operation between batches.
    Source means the collection of emission points to which this subpart 
applies as determined by the criteria in Sec. 63.100 of this subpart. 
For purposes of subparts F, G, and H of this part, the term affected 
source as used in subpart A of this part has the same meaning as the 
term source defined here.
    Start-up means the setting into operation of a chemical 
manufacturing process unit or a reactor, air oxidation reactor, 
distillation unit, waste management unit, or equipment required or used 
to comply with this subpart F, subpart G, or H of this part or a storage 
vessel after emptying and degassing. Start-up includes initial start-up, 
operation solely for testing equipment, the recharging of equipment in 
batch operation, and transitional conditions due to changes in product 
for flexible operation units.
    Start-up, shutdown, and malfunction plan means the plan required 
under Sec. 63.6(e)(3) of subpart A of this part. This plan details the 
procedures for operation and maintenance of the source during periods of 
start-up, shutdown, and malfunction.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids that contain one or more of the organic HAP's listed in 
table 2 of this subpart and that has been assigned, according to the 
procedures in Sec. 63.100(g) of this subpart, to a chemical 
manufacturing process unit that is subject to

[[Page 199]]

this subpart. Storage vessel does not include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 38 cubic meters;
    (4) Vessels storing organic liquids that contain organic hazardous 
air pollutants only as impurities;
    (5) Bottoms receiver tanks;
    (6) Surge control vessels; or
    (7) Wastewater storage tanks. Wastewater storage tanks are covered 
under the wastewater provisions.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a chemical 
manufacturing process unit when in-process storage, mixing, or 
management of flow rates or volumes is needed to assist in production of 
a product.
    Transfer operation means the loading, into a tank truck or railcar, 
of organic liquids that contain one or more of the organic hazardous air 
pollutants listed in table 2 of this subpart from a transfer rack (as 
defined in this section). Transfer operations do not include loading at 
an operating pressure greater than 204.9 kilopascals.
    Transfer rack means the collection of loading arms and loading 
hoses, at a single loading rack, that are assigned to a chemical 
manufacturing process unit subject to this subpart according to the 
procedures specified in Sec. 63.100(h) of this subpart and are used to 
fill tank trucks and/or railcars with organic liquids that contain one 
or more of the organic hazardous air pollutants listed in table 2 of 
this subpart. Transfer rack includes the associated pumps, meters, 
shutoff valves, relief valves, and other piping and valves. Transfer 
rack does not include:
    (1) Racks, arms, or hoses that only transfer liquids containing 
organic hazardous air pollutants as impurities;
    (2) Racks, arms, or hoses that vapor balance during all loading 
operations; or
    (3) Racks transferring organic liquids that contain organic 
hazardous air pollutants only as impurities.
    Unit operation means one or more pieces of process equipment used to 
make a single change to the physical or chemical characteristics of one 
or more process streams. Unit operations include, but are not limited 
to, reactors, distillation units, extraction columns, absorbers, 
decanters, dryers, condensers, and filtration equipment.
    Vapor balancing system means a piping system that is designed to 
collect organic hazardous air pollutants vapors displaced from tank 
trucks or railcars during loading; and to route the collected organic 
hazardous air pollutants vapors to the storage vessel from which the 
liquid being loaded originated, or to another storage vessel connected 
by a common header or to compress and route to a process or a fuel gas 
system the collected organic hazardous air pollutants vapors.
    Waste management unit means the equipment, structure(s), and/or 
device(s) used to convey, store, treat, or dispose of wastewater streams 
or residuals. Examples of waste management units include: Wastewater 
tanks, surface impoundments, individual drain systems, and biological 
wastewater treatment units. Examples of equipment that may be waste 
management units include containers, air flotation units, oil-water 
separators or organic-water separators, or organic removal devices such 
as decanters, strippers, or thin-film evaporation units. If such 
equipment is used for recovery then it is part of a chemical 
manufacturing process unit and is not a waste management unit.
    Wastewater means water that:
    (1) Contains either:
    (i) An annual average concentration of Table 9 compounds (as defined 
in Sec. 63.111 of subpart G of this part) of at least 5 parts per 
million by weight and has an annual average flow rate of 0.02 liter per 
minute or greater, or
    (ii) An annual average concentration of Table 9 compounds (as 
defined in Sec. 63.111 of subpart G) of at least 10,000 parts per 
million by weight at any flow rate, and that
    (2) Is discarded from a chemical manufacturing process unit that 
meets all of the criteria specified in Sec. 63.100 (b)(1)

[[Page 200]]

through (b)(3) of this subpart. Wastewater is process wastewater or 
maintenance wastewater.

[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 18024, Apr. 10, 1995; 
60 FR 63626, Dec. 12, 1995; 62 FR 2731, Jan. 17, 1997; 65 FR 26497, May 
8, 2000; 66 FR 6928, Jan. 22, 2001]



Sec. 63.102  General standards.

    (a) Owners and operators of sources subject to this subpart shall 
comply with the requirements of subparts G and H of this part.
    (1) The provisions set forth in this subpart F and subpart G of this 
part shall apply at all times except during periods of start-up or 
shutdown (as defined in Sec. 63.101 of this subpart), malfunction, or 
non-operation of the chemical manufacturing process unit (or specific 
portion thereof) resulting in cessation of the emissions to which this 
subpart F and subpart G of this part apply. However, if a start-up, 
shutdown, malfunction or period of non-operation of one portion of a 
chemical manufacturing process unit does not affect the ability of a 
particular emission point to comply with the specific provisions to 
which it is subject, then that emission point shall still be required to 
comply with the applicable provisions of this subpart F and subpart G of 
this part during the start-up, shutdown, malfunction or period of non-
operation. For example, if there is an overpressure in the reactor area, 
a storage vessel in the chemical manufacturing process unit would still 
be required to be controlled in accordance with Sec. 63.119 of subpart 
G of the part. Similarly, the degassing of a storage vessel would not 
affect the ability of a process vent to meet the requirements of Sec. 
63.113 of subpart G of this part.
    (2) The provisions set forth in subpart H of this part shall apply 
at all times except during periods of start-up or shutdown, as defined 
in Sec. 63.101(b) of this subpart, malfunction, process unit shutdown 
(as defined in Sec. 63.161 of subpart H of this part), or non-operation 
of the chemical manufacturing process unit (or specific portion thereof) 
in which the lines are drained and depressurized resulting in cessation 
of the emissions to which subpart H of this part applies.
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with the provisions of this 
subpart F, subpart G or H of this part during times when emissions (or, 
where applicable, wastewater streams or residuals) are being routed to 
such items of equipment, if the shutdown would contravene requirements 
of this subpart F, subpart G or H of this part applicable to such items 
of equipment. This paragraph does not apply if the item of equipment is 
malfunctioning, or if the owner or operator must shut down the equipment 
to avoid damage due to a contemporaneous start-up, shutdown, or 
malfunction of the chemical manufacturing process unit or portion 
thereof.
    (4) During start-ups, shutdowns, and malfunctions when the 
requirements of this subpart F, subparts G and/or H of this part do not 
apply pursuant to paragraphs (a)(1) through (a)(3) of this section, the 
owner or operator shall implement, to the extent reasonably available, 
measures to prevent or minimize excess emissions to the extent 
practical. The general duty to minimize emissions during a period of 
startup, shutdown, or malfunction does not require the owner or operator 
to achieve emission levels that would be required by the applicable 
standard at other times if this is not consistent with safety and good 
air pollution control practices, nor does it require the owner or 
operator to make any further efforts to reduce emissions if levels 
required by the applicable standard have been achieved. Determination of 
whether such operation and maintenance procedures are being used will be 
based on information available to the Administrator which may include, 
but is not limited to, monitoring results, review of operation and 
maintenance procedures (including the startup, shutdown, and malfunction 
plan required in Sec. 63.6(e)(3)), review of operation and maintenance 
records, and inspection of the source. The measures to be taken may 
include, but are not limited to, air pollution control technologies, 
recovery technologies, work practices, pollution prevention, monitoring, 
and/or changes in the manner of

[[Page 201]]

operation of the source. Back-up control devices are not required, but 
may be used if available.
    (b) If, in the judgment of the Administrator, an alternative means 
of emission limitation will achieve a reduction in organic HAP emissions 
at least equivalent to the reduction in organic HAP emissions from that 
source achieved under any design, equipment, work practice, or 
operational standards in subpart G or H of this part, the Administrator 
will publish in the Federal Register a notice permitting the use of the 
alternative means for purposes of compliance with that requirement.
    (1) The notice may condition the permission on requirements related 
to the operation and maintenance of the alternative means.
    (2) Any notice under paragraph (b) of this section shall be 
published only after public notice and an opportunity for a hearing.
    (3) Any person seeking permission to use an alternative means of 
compliance under this section shall collect, verify, and submit to the 
Administrator information showing that the alternative means achieves 
equivalent emission reductions.
    (c) Each owner or operator of a source subject to this subpart shall 
obtain a permit under 40 CFR part 70 or part 71 from the appropriate 
permitting authority by the date determined by 40 CFR part 70 or part 
71, as appropriate.
    (1) If the EPA has approved a State operating permit program under 
40 CFR Part 70, the permit shall be obtained from the State authority. 
If the State operating permit program has not been approved, the source 
shall apply to the EPA Regional Office.
    (2) [Reserved]
    (d) The requirements in subparts F, G, and H of this part are 
Federally enforceable under section 112 of the Act on and after the 
dates specified in Sec. 63.100(k) of this subpart.

[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 63626, Dec. 12, 1995; 
61 FR 64575, Dec. 5, 1996; 62 FR 2732, Jan. 17, 1997; 71 FR 20455, Apr. 
20, 2006]



Sec. 63.103  General compliance, reporting, and recordkeeping provisions.

    (a) Table 3 of this subpart specifies the provisions of subpart A 
that apply and those that do not apply to owners and operators of 
sources subject to subparts F, G, and H of this part.
    (b) Initial performance tests and initial compliance determinations 
shall be required only as specified in subparts G and H of this part.
    (1) Performance tests and compliance determinations shall be 
conducted according to the schedule and procedures in Sec. 63.7(a) of 
subpart A of this part and the applicable sections of subparts G and H 
of this part.
    (2) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 calendar days before 
the performance test is scheduled to allow the Administrator the 
opportunity to have an observer present during the test.
    (3) Performance tests shall be conducted according to the provisions 
of Sec. 63.7(e) of subpart A of this part, except that performance 
tests shall be conducted at maximum representative operating conditions 
for the process. During the performance test, an owner or operator may 
operate the control or recovery device at maximum or minimum 
representative operating conditions for monitored control or recovery 
device parameters, whichever results in lower emission reduction.
    (4) Data shall be reduced in accordance with the EPA-approved 
methods specified in the applicable subpart or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301 of appendix A of this part.
    (5) Performance tests may be waived with approval of the 
Administrator as specified in Sec. 63.7(h)(2) of subpart A of this 
part. Owners or operators of sources subject to subparts F, G, and H of 
this part who apply for a waiver of a performance test shall submit the 
application by the dates specified in paragraph (b)(5)(i) of this 
section rather than the dates specified in Sec. 63.7(h)(3) of subpart A 
of this part.
    (i) If a request is made for an extension of compliance under Sec. 
63.151(a)(6) of subpart G or Sec. 63.6(i) of subpart A of this part, 
the application for a waiver

[[Page 202]]

of an initial performance test shall accompany the information required 
for the request for an extension of compliance. If no extension of 
compliance is requested, the application for a waiver of an initial 
performance test shall be submitted no later than 90 calendar days 
before the Notification of Compliance Status required in Sec. 63.152(b) 
of subpart G of this part is due to be submitted.
    (ii) Any application for a waiver of a performance test shall 
include information justifying the owner or operator's request for a 
waiver, such as the technical or economic infeasibility, or the 
impracticality, of the source performing the required test.
    (6) The owner or operator of a flexible operation unit shall conduct 
all required compliance demonstrations during production of the primary 
product. The owner or operator is not required to conduct compliance 
demonstrations for operating conditions during production of a product 
other than the primary product. Except as otherwise provided in this 
subpart or in subpart G or subpart H of this part, as applicable, the 
owner or operator shall operate each control device, recovery device, 
and/or recapture device that is required or used for compliance, and 
associated monitoring systems, without regard for whether the product 
that is being produced is the primary product or a different product. 
Except as otherwise provided in this subpart, subpart G and/or subpart H 
of this part, as applicable, operation of a control device, recapture 
device and/or recovery device required or used for compliance such that 
the daily average of monitored parameter values is outside the parameter 
range established pursuant to Sec. 63.152(b)(2), or such that the 
monitoring data show operation inconsistent with the monitoring plan 
established pursuant to Sec. 63.120(d)(2) or Sec. 63.181(g)(1)(iv), 
shall constitute a violation of the required operating conditions.
    (c) Each owner or operator of a source subject to subparts F, G, and 
H of this part shall keep copies of all applicable reports and records 
required by subparts F, G, and H of this part for at least 5 years; 
except that, if subparts G or H require records to be maintained for a 
time period different than 5 years, those records shall be maintained 
for the time specified in subpart G or H of this part. If an owner or 
operator submits copies of reports to the applicable EPA Regional 
Office, the owner or operator is not required to maintain copies of 
reports. If the EPA Regional Office has waived the requirement of Sec. 
63.10(a)(4)(ii) for submittal of copies of reports, the owner or 
operator is not required to maintain copies of reports.
    (1) All applicable records shall be maintained in such a manner that 
they can be readily accessed. The most recent 6 months of records shall 
be retained on site or shall be accessible from a central location by 
computer or other means that provides access within 2 hours after a 
request. The remaining four and one-half years of records may be 
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not limited to, on paper, microfilm, 
computer, floppy disk, magnetic tape, or microfiche.
    (2) The owner or operator subject to subparts F, G, and H of this 
part shall keep the records specified in this paragraph, as well as 
records specified in subparts G and H.
    (i) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of operation of process equipment or of air 
pollution control equipment or continuous monitoring systems used to 
comply with this subpart F, subpart G, or H of this part during which 
excess emissions (as defined in Sec. 63.102(a)(4)) occur.
    (ii) For each start-up, shutdown, and malfunction during which 
excess emissions (as defined in Sec. 63.102(a)(4)) occur, records that 
the procedures specified in the source's start-up, shutdown, and 
malfunction plan were followed, and documentation of actions taken that 
are not consistent with the plan. For example, if a start-up, shutdown, 
and malfunction plan includes procedures for routing a control device to 
a backup control device (e.g., the incinerator for a halogenated stream 
could be routed to a flare during periods when the primary control 
device is out of service), records must be kept of whether the plan was 
followed. These records may take the form of a

[[Page 203]]

``checklist,'' or other form of recordkeeping that confirms conformance 
with the start-up, shutdown, and malfunction plan for the event.
    (iii) For continuous monitoring systems used to comply with subpart 
G of this part, records documenting the completion of calibration checks 
and maintenance of continuous monitoring systems that are specified in 
the manufacturer's instructions or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately.
    (3) Records of start-up, shutdown and malfunction and continuous 
monitoring system calibration and maintenance are not required if they 
pertain solely to Group 2 emission points, as defined in Sec. 63.111 of 
subpart G of this part, that are not included in an emissions average.
    (d) All reports required under subparts F, G, and H of this part 
shall be sent to the Administrator at the addresses listed in Sec. 
63.13 of subpart A of this part, except that requests for permission to 
use an alternative means of compliance as provided for in Sec. 
63.102(b) of this subpart and application for approval of a nominal 
efficiency as provided for in Sec. 63.150 (i)(1) through (i)(6) of 
subpart G of this part shall be submitted to the Director of the EPA 
Office of Air Quality Planning and Standards rather than to the 
Administrator or delegated authority.
    (1) Wherever subpart A of this part specifies ``postmark'' dates, 
submittals may be sent by methods other than the U.S. Mail (e.g., by fax 
or courier). Submittals shall be sent on or before the specified date.
    (2) If acceptable to both the Administrator and the owner or 
operator of a source, reports may be submitted on electronic media.
    (e) The owner or operator of a chemical manufacturing process unit 
which meets the criteria of Sec. 63.100(b)(1) and Sec. 63.100(b)(3), 
but not the criteria of Sec. 63.100(b)(2), shall comply with the 
requirements of either paragraph (e)(1) or (e)(2) of this section.
    (1) Retain information, data, and analysis used to determine that 
the chemical manufacturing process unit does not use as a reactant or 
manufacture as a product or co-product any organic hazardous air 
pollutant. Examples of information that could document this include, but 
are not limited to, records of chemicals purchased for the process, 
analyses of process stream composition, engineering calculations, or 
process knowledge.
    (2) When requested by the Administrator, demonstrate that the 
chemical manufacturing process unit does not use as a reactant or 
manufacture as a product or co-product any organic hazardous air 
pollutant.
    (f) To qualify for the exemption specified in Sec. 63.100(b)(4) of 
this subpart, the owner or operator shall maintain the documentation of 
the information required pursuant to Sec. 63.100(b)(4)(i), and 
documentation of any update of this information requested by the EPA 
Regional Office, and shall provide the documentation to the EPA Regional 
Office upon request. The EPA Regional Office will notify the owner or 
operator, after reviewing such documentation, if the source does not 
qualify for the exemption specified in Sec. 63.100(b)(4) of this 
section. In such cases, compliance with subpart H shall be required no 
later than 90 days after expiration of the applicable compliance date in 
Sec. 63.100(k)(3), but in no event earlier than 90 days after the date 
of such notification by the EPA Regional Office. Compliance with this 
subpart F and subpart G of this part shall be no later than April 22, 
1997, or as otherwise specified in Sec. 63.100(k)(2)(ii) of this 
subpart, unless an extension has been granted by the EPA Regional Office 
or permitting authority as provided in Sec. 63.6(i) of subpart A of 
this part.
    (g) An owner or operator who elects to use the compliance extension 
provisions of Sec. 63.100(k)(6)(i) or (ii) shall submit a compliance 
extension request to the appropriate EPA Regional Office no later than 
45 days before the applicable compliance date in Sec. 63.100(k)(3), but 
in no event is submittal required earlier than May 10, 1995. The request 
shall contain the information specified in Sec. 63.100(k)(5)(iv) and 
the reason compliance can not reasonably be achieved without a process 
unit shutdown, as defined in 40 CFR 63.161 or without replacement of the 
compressor or recasting of the distance piece.

[[Page 204]]

    (h) An owner or operator who elects to use the compliance extension 
provisions of Sec. 63.100(k)(8) shall submit to the appropriate EPA 
Regional Office a brief description of the process change, identify the 
HAP eliminated, and the expected date of cessation of use or production 
of HAP. The description shall be submitted no later than May 10, 1995, 
or with the Notice of Compliance Status as required in Sec. 63.182(c) 
of subpart H, whichever is later.

[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
60 FR 18024, Apr. 10, 1995; 62 FR 2733, Jan. 17, 1997; 63 FR 26082, May 
12, 1998]



Sec. 63.104  Heat exchange system requirements.

    (a) Unless one or more of the conditions specified in paragraphs 
(a)(1) through (a)(6) of this section are met, owners and operators of 
sources subject to this subpart shall monitor each heat exchange system 
used to cool process equipment in a chemical manufacturing process unit 
meeting the conditions of Sec. 63.100 (b)(1) through (b)(3) of this 
subpart, except for chemical manufacturing process units meeting the 
condition specified in Sec. 63.100(c) of this subpart, according to the 
provisions in either paragraph (b) or (c) of this section. Whenever a 
leak is detected, the owner or operator shall comply with the 
requirements in paragraph (d) of this section.
    (1) The heat exchange system is operated with the minimum pressure 
on the cooling water side at least 35 kilopascals greater than the 
maximum pressure on the process side.
    (2) There is an intervening cooling fluid, containing less than 5 
percent by weight of total hazardous air pollutants listed in table 4 of 
this subpart, between the process and the cooling water. This 
intervening fluid serves to isolate the cooling water from the process 
fluid and the intervening fluid is not sent through a cooling tower or 
discharged. For purposes of this section, discharge does not include 
emptying for maintenance purposes.
    (3) The once-through heat exchange system is subject to a National 
Pollution Discharge Elimination System (NPDES) permit with an allowable 
discharge limit of 1 part per million or less above influent 
concentration or 10 percent or less above influent concentration, 
whichever is greater.
    (4) The once-through heat exchange system is subject to an NPDES 
permit that:
    (i) Requires monitoring of a parameter(s) or condition(s) to detect 
a leak of process fluids into cooling water;
    (ii) Specifies or includes the normal range of the parameter or 
condition;
    (iii) Requires monitoring for the parameters selected as leak 
indicators no less frequently than monthly for the first six months and 
quarterly thereafter; and
    (iv) Requires the owner or operator to report and correct leaks to 
the cooling water when the parameter or condition exceeds the normal 
range.
    (5) The recirculating heat exchange system is used to cool process 
fluids that contain less than 5 percent by weight of total hazardous air 
pollutants listed in table 4 of this subpart.
    (6) The once-through heat exchange system is used to cool process 
fluids that contain less than 5 percent by weight of total hazardous air 
pollutants listed in table 9 of subpart G of this part.
    (b) The owner or operator who elects to comply with the requirements 
of paragraph (a) of this section by monitoring the cooling water for the 
presence of one or more organic hazardous air pollutants or other 
representative substances whose presence in cooling water indicates a 
leak shall comply with the requirements specified in paragraphs (b)(1) 
through (b)(6) of this section. The cooling water shall be monitored for 
total hazardous air pollutants, total volatile organic compounds, total 
organic carbon, one or more speciated HAP compounds, or other 
representative substances that would indicate the presence of a leak in 
the heat exchange system.
    (1) The cooling water shall be monitored monthly for the first 6 
months and quarterly thereafter to detect leaks.
    (2)(i) For recirculating heat exchange systems (cooling tower 
systems), the monitoring of speciated hazardous air pollutants or total 
hazardous air pollutants refers to the hazardous air pollutants listed 
in table 4 of this subpart.

[[Page 205]]

    (ii) For once-through heat exchange systems, the monitoring of 
speciated hazardous air pollutants or total hazardous air pollutants 
refers to the hazardous air pollutants listed in table 9 of subpart G of 
this part.
    (3) The concentration of the monitored substance(s) in the cooling 
water shall be determined using any EPA-approved method listed in part 
136 of this chapter as long as the method is sensitive to concentrations 
as low as 10 parts per million and the same method is used for both 
entrance and exit samples. Alternative methods may be used upon approval 
by the Administrator.
    (4) The samples shall be collected either at the entrance and exit 
of each heat exchange system or at locations where the cooling water 
enters and exits each heat exchanger or any combination of heat 
exchangers.
    (i) For samples taken at the entrance and exit of recirculating heat 
exchange systems, the entrance is the point at which the cooling water 
leaves the cooling tower prior to being returned to the process 
equipment and the exit is the point at which the cooling water is 
introduced to the cooling tower after being used to cool the process 
fluid.
    (ii) For samples taken at the entrance and exit of once-through heat 
exchange systems, the entrance is the point at which the cooling water 
enters and the exit is the point at which the cooling water exits the 
plant site or chemical manufacturing process units.
    (iii) For samples taken at the entrance and exit of each heat 
exchanger or any combination of heat exchangers in chemical 
manufacturing process units, the entrance is the point at which the 
cooling water enters the individual heat exchanger or group of heat 
exchangers and the exit is the point at which the cooling water exits 
the heat exchanger or group of heat exchangers.
    (5) A minimum of three sets of samples shall be taken at each 
entrance and exit as defined in paragraph (b)(4) of this section. The 
average entrance and exit concentrations shall then be calculated. The 
concentration shall be corrected for the addition of any makeup water or 
for any evaporative losses, as applicable.
    (6) A leak is detected if the exit mean concentration is found to be 
greater than the entrance mean using a one-sided statistical procedure 
at the 0.05 level of significance and the amount by which it is greater 
is at least 1 part per million or 10 percent of the entrance mean, 
whichever is greater.
    (c) The owner or operator who elects to comply with the requirement 
of paragraph (a) of this section by monitoring using a surrogate 
indicator of heat exchange system leaks shall comply with the 
requirements specified in paragraphs (c)(1) through (c)(3) of this 
section. Surrogate indicators that could be used to develop an 
acceptable monitoring program are ion specific electrode monitoring, pH, 
conductivity or other representative indicators.
    (1) The owner or operator shall prepare and implement a monitoring 
plan that documents the procedures that will be used to detect leaks of 
process fluids into cooling water. The plan shall require monitoring of 
one or more surrogate indicators or monitoring of one or more process 
parameters or other conditions that indicate a leak. Monitoring that is 
already being conducted for other purposes may be used to satisfy the 
requirements of this section. The plan shall include the information 
specified in paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
    (i) A description of the parameter or condition to be monitored and 
an explanation of how the selected parameter or condition will reliably 
indicate the presence of a leak.
    (ii) The parameter level(s) or conditions(s) that shall constitute a 
leak. This shall be documented by data or calculations showing that the 
selected levels or conditions will reliably identify leaks. The 
monitoring must be sufficiently sensitive to determine the range of 
parameter levels or conditions when the system is not leaking. When the 
selected parameter level or condition is outside that range, a leak is 
indicated.
    (iii) The monitoring frequency which shall be no less frequent than 
monthly for the first 6 months and quarterly thereafter to detect leaks.
    (iv) The records that will be maintained to document compliance with 
the requirements of this section.

[[Page 206]]

    (2) If a substantial leak is identified by methods other than those 
described in the monitoring plan and the method(s) specified in the plan 
could not detect the leak, the owner or operator shall revise the plan 
and document the basis for the changes. The owner or operator shall 
complete the revisions to the plan no later than 180 days after 
discovery of the leak.
    (3) The owner or operator shall maintain, at all times, the 
monitoring plan that is currently in use. The current plan shall be 
maintained on-site, or shall be accessible from a central location by 
computer or other means that provides access within 2 hours after a 
request. If the monitoring plan is superseded, the owner or operator 
shall retain the most recent superseded plan at least until 5 years from 
the date of its creation. The superseded plan shall be retained on-site 
(or accessible from a central location by computer or other means that 
provides access within two hours after a request) for at least 6 months 
after its creation.
    (d) If a leak is detected according to the criteria of paragraph (b) 
or (c) of this section, the owner or operator shall comply with the 
requirements in paragraphs (d)(1) and (d)(2) of this section, except as 
provided in paragraph (e) of this section.
    (1) The leak shall be repaired as soon as practical but not later 
than 45 calendar days after the owner or operator receives results of 
monitoring tests indicating a leak. The leak shall be repaired unless 
the owner or operator demonstrates that the results are due to a 
condition other than a leak.
    (2) Once the leak has been repaired, the owner or operator shall 
confirm that the heat exchange system has been repaired within 7 
calendar days of the repair or startup, whichever is later.
    (e) Delay of repair of heat exchange systems for which leaks have 
been detected is allowed if the equipment is isolated from the process. 
Delay of repair is also allowed if repair is technically infeasible 
without a shutdown and any one of the conditions in paragraph (e)(1) or 
(e)(2) of this section is met. All time periods in paragraphs (e)(1) and 
(e)(2) of this section shall be determined from the date when the owner 
or operator determines that delay of repair is necessary.
    (1) If a shutdown is expected within the next 2 months, a special 
shutdown before that planned shutdown is not required.
    (2) If a shutdown is not expected within the next 2 months, the 
owner or operator may delay repair as provided in paragraph (e)(2)(i) or 
(e)(2)(ii) of this section. Documentation of a decision to delay repair 
shall state the reasons repair was delayed and shall specify a schedule 
for completing the repair as soon as practical.
    (i) If a shutdown for repair would cause greater emissions than the 
potential emissions from delaying repair, the owner or operator may 
delay repair until the next shutdown of the process equipment associated 
with the leaking heat exchanger. The owner or operator shall document 
the basis for the determination that a shutdown for repair would cause 
greater emissions than the emissions likely to result from delaying 
repair as specified in paragraphs (e)(2)(i)(A) and (e)(2)(i)(B) of this 
section.
    (A) The owner or operator shall calculate the potential emissions 
from the leaking heat exchanger by multiplying the concentration of 
total hazardous air pollutants listed in table 4 of this subpart in the 
cooling water from the leaking heat exchanger by the flowrate of the 
cooling water from the leaking heat exchanger by the expected duration 
of the delay. The owner or operator may calculate potential emissions 
using total organic carbon concentration instead of total hazardous air 
pollutants listed in table 4 of this subpart.
    (B) The owner or operator shall determine emissions from purging and 
depressurizing the equipment that will result from the unscheduled 
shutdown for the repair.
    (ii) If repair is delayed for reasons other than those specified in 
paragraph (e)(2)(i) of this section, the owner or operator may delay 
repair up to a maximum of 120 calendar days. The owner shall demonstrate 
that the necessary parts or personnel were not available.
    (f)(1) Required records. The owner or operator shall retain the 
records identified in paragraphs (f)(1)(i) through

[[Page 207]]

(f)(1)(iv) of this section as specified in Sec. 63.103(c)(1).
    (i) Monitoring data required by this section indicating a leak and 
the date when the leak was detected, and if demonstrated not to be a 
leak, the basis for that determination;
    (ii) Records of any leaks detected by procedures subject to 
paragraph (c)(2) of this section and the date the leak was discovered;
    (iii) The dates of efforts to repair leaks; and
    (iv) The method or procedure used to confirm repair of a leak and 
the date repair was confirmed.
    (2) Reports. If an owner or operator invokes the delay of repair 
provisions for a heat exchange system, the following information shall 
be submitted in the next semi-annual periodic report required by Sec. 
63.152(c) of subpart G of this part. If the leak remains unrepaired, the 
information shall also be submitted in each subsequent periodic report, 
until repair of the leak is reported.
    (i) The owner or operator shall report the presence of the leak and 
the date that the leak was detected.
    (ii) The owner or operator shall report whether or not the leak has 
been repaired.
    (iii) The owner or operator shall report the reason(s) for delay of 
repair. If delay of repair is invoked due to the reasons described in 
paragraph (e)(2) of this section, documentation of emissions estimates 
must also be submitted.
    (iv) If the leak remains unrepaired, the owner or operator shall 
report the expected date of repair.
    (v) If the leak is repaired, the owner or operator shall report the 
date the leak was successfully repaired.

[62 FR 2733, Jan. 17, 1997]



Sec. 63.105  Maintenance wastewater requirements.

    (a) Each owner or operator of a source subject to this subpart shall 
comply with the requirements of paragraphs (b) through (e) of this 
section for maintenance wastewaters containing those organic HAP's 
listed in table 9 of subpart G of this part.
    (b) The owner or operator shall prepare a description of maintenance 
procedures for management of wastewaters generated from the emptying and 
purging of equipment in the process during temporary shutdowns for 
inspections, maintenance, and repair (i.e., a maintenance-turnaround) 
and during periods which are not shutdowns (i.e., routine maintenance). 
The descriptions shall:
    (1) Specify the process equipment or maintenance tasks that are 
anticipated to create wastewater during maintenance activities.
    (2) Specify the procedures that will be followed to properly manage 
the wastewater and control organic HAP emissions to the atmosphere; and
    (3) Specify the procedures to be followed when clearing materials 
from process equipment.
    (c) The owner or operator shall modify and update the information 
required by paragraph (b) of this section as needed following each 
maintenance procedure based on the actions taken and the wastewaters 
generated in the preceding maintenance procedure.
    (d) The owner or operator shall incorporate the procedures described 
in paragraphs (b) and (c) of this section as part of the startup, 
shutdown, and malfunction plan required under Sec. 63.6(e)(3).
    (e) The owner or operator shall maintain a record of the information 
required by paragraphs (b) and (c) of this section as part of the start-
up, shutdown, and malfunction plan required under Sec. 63.6(e)(3) of 
subpart A of this part.

[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 63626, Dec. 12, 1995; 
71 FR 20456, Apr. 20, 2006]



Sec. 63.106  Implementation and enforcement.

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

[[Page 208]]

    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to requirements in Sec. Sec. 63.100, 
63.102, and 63.104. Where these standards reference another subpart, the 
cited provisions will be delegated according to the delegation 
provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37344, June 23, 2003]



Sec. 63.107  Identification of process vents subject to this subpart.

    (a) The owner or operator shall use the criteria specified in this 
Sec. 63.107 to determine whether there are any process vents associated 
with an air oxidation reactor, distillation unit, or reactor that is in 
a source subject to this subpart. A process vent is the point of 
discharge to the atmosphere (or the point of entry into a control 
device, if any) of a gas stream if the gas stream has the 
characteristics specified in paragraphs (b) through (h) of this section, 
or meets the criteria specified in paragraph (i) of this section.
    (b) Some, or all, of the gas stream originates as a continuous flow 
from an air oxidation reactor, distillation unit, or reactor during 
operation of the chemical manufacturing process unit.
    (c) The discharge to the atmosphere (with or without passing through 
a control device) meets at least one of the conditions specified in 
paragraphs (c)(1) through (3) of this section.
    (1) Is directly from an air oxidation reactor, distillation unit, or 
reactor; or
    (2) Is from an air oxidation reactor, distillation unit, or reactor 
after passing solely (i.e., without passing through any other unit 
operation for a process purpose) through one or more recovery devices 
within the chemical manufacturing process unit; or
    (3) Is from a device recovering only mechanical energy from a gas 
stream that comes either directly from an air oxidation reactor, 
distillation unit, or reactor, or from an air oxidation reactor, 
distillation unit, or reactor after passing solely (i.e., without 
passing through any other unit operation for a process purpose) through 
one or more recovery devices within the chemical manufacturing process 
unit.
    (d) The gas stream contains greater than 0.005 weight percent total 
organic HAP at the point of discharge to the atmosphere (or at the point 
of entry into a control device, if any).
    (e) The air oxidation reactor, distillation unit, or reactor is part 
of a chemical manufacturing process unit that meets the criteria of 
Sec. 63.100(b).
    (f) The gas stream is in the gas phase from the point of origin at 
the air oxidation reactor, distillation unit, or reactor to the point of 
discharge to the atmosphere (or to the point of entry into a control 
device, if any).
    (g) The gas stream is discharged to the atmosphere either on-site, 
off-site, or both.
    (h) The gas stream is not any of the items identified in paragraphs 
(h)(1) through (9) of this section.
    (1) A relief valve discharge.
    (2) A leak from equipment subject to subpart H of this part.
    (3) A gas stream going to a fuel gas system as defined in Sec. 
63.101.
    (4) A gas stream exiting a control device used to comply with Sec. 
63.113.
    (5) A gas stream transferred to other processes (on-site or off-
site) for reaction or other use in another process (i.e., for chemical 
value as a product, isolated intermediate, byproduct, or coproduct, or 
for heat value).
    (6) A gas stream transferred for fuel value (i.e., net positive 
heating value), use, reuse, or for sale for fuel value, use, or reuse.

[[Page 209]]

    (7) A storage vessel vent or transfer operation vent subject to 
Sec. 63.119 or Sec. 63.126.
    (8) A vent from a waste management unit subject to Sec. Sec. 63.132 
through 63.137.
    (9) A gas stream exiting an analyzer.
    (i) The gas stream would meet the characteristics specified in 
paragraphs (b) through (g) of this section, but, for purposes of 
avoiding applicability, has been deliberately interrupted, temporarily 
liquefied, routed through any item of equipment for no process purpose, 
or disposed of in a flare that does not meet the criteria in Sec. 
63.11(b), or an incinerator that does not reduce emissions of organic 
HAP by 98 percent or to a concentration of 20 parts per million by 
volume, whichever is less stringent.

[66 FR 6928, Jan. 22, 2001]




    Sec. Table 1 to Subpart F of Part 63--Synthetic Organic Chemical 

                    Manufacturing Industry Chemicals

------------------------------------------------------------------------
            Chemical name \a\             CAS No. \b\        Group
------------------------------------------------------------------------
Acenaphthene............................        83329  V
Acetal..................................       105577  V
Acetaldehyde............................        75070  II
Acetamide...............................        60355  II
Acetanilide.............................       103844  II
Acetic acid.............................        64197  II
Acetic anhydride........................       108247  II
Acetoacetanilide........................       102012  III
Acetone.................................        67641  I
Acetone cyanohydrin.....................        75865  V
Acetonitrile............................        75058  I
Acetophenone............................        98862  I
Acrolein................................       107028  IV
Acrylamide..............................        79061  I
Acrylic acid............................        79107  IV
Acrylonitrile...........................       107131  I
Adiponitrile............................       111693  I
Alizarin................................        72480  V
Alkyl anthraquinones....................          008  V
Allyl alcohol...........................       107186  I
Allyl chloride..........................       107051  IV
Allyl cyanide...........................       109751  IV
Aminophenol sulfonic acid...............         0010  V
Aminophenol (p-)........................       123308  I
Aniline.................................        62533  I
Aniline hydrochloride...................       142041  III
Anisidine (o-)..........................        90040  II
Anthracene..............................       120127  V
Anthraquinone...........................        84651  III
Azobenzene..............................       103333  I
Benzaldehyde............................       100527  III
Benzene.................................        71432  I
Benzenedisulfonic acid..................        98486  I
Benzenesulfonic acid....................        98113  I
Benzil..................................       134816  III
Benzilic acid...........................        76937  III
Benzoic acid............................        65850  III
Benzoin.................................       119539  III
Benzonitrile............................       100470  III
Benzophenone............................       119619  I
Benzotrichloride........................        98077  III
Benzoyl chloride........................        98884  III
Benzyl acetate..........................       140114  III
Benzyl alcohol..........................       100516  III
Benzyl benzoate.........................       120514  III
Benzyl chloride.........................       100447  III
Benzyl dichloride.......................        98873  III
Biphenyl................................        92524  I
Bisphenol A.............................        80057  III
Bis(Chloromethyl) Ether.................       542881  I
Bromobenzene............................       108861  I
Bromoform...............................        75252  V
Bromonaphthalene........................     27497514  IV
Butadiene (1,3-)........................       106990  II
Butanediol (1,4-).......................       110634  I
Butyl acrylate (n-).....................       141322  V
Butylene glycol (1,3-)..................       107880  II
Butyrolactone...........................        96480  I
Caprolactam.............................       105602  II
Carbaryl................................        63252  V
Carbazole...............................        86748  V
Carbon disulfide........................        75150  IV
Carbon tetrabromide.....................       558134  II
Carbon tetrachloride....................        56235  I
Carbon tetrafluoride....................        75730  II
Chloral.................................        75876  II
Chloroacetic acid.......................        79118  II
Chloroacetophenone (2-).................       532274  I
Chloroaniline (p-)......................       106478  II
Chlorobenzene...........................       108907  I
2-Chloro-1,3-butadiene (Chloroprene)....       126998  II
Chlorodifluoroethane....................     25497294  V
Chlorodifluoromethane...................        75456  I
Chloroform..............................        67663  I
Chloronaphthalene.......................     25586430  IV
Chloronitrobenzene                             121733  I
 (m-).
Chloronitrobenzene                              88733  I
 (o-).
Chloronitrobenzene                             100005  I
 (p-).
Chlorophenol (m-).......................       108430  II
Chlorophenol (o-).......................        95578  II
Chlorophenol (p-).......................       106489  II
Chlorotoluene (m-)......................       108418  III
Chlorotoluene (o-)......................        95498  III
Chlorotoluene (p-)......................       106434  III
Chlorotrifluoromethane..................        75729  II
Chrysene................................       218019  V
Cresol and cresylic acid (m-)...........       108394  III
Cresol and cresylic acid (o-)...........        95487  III
Cresol and cresylic acid (p-)...........       106445  III
Cresols and cresylic acids (mixed)......      1319773  III
Cumene..................................        98828  I
Cumene hydroperoxide....................        80159  I
Cyanoacetic acid........................       372098  II
Cyclohexane.............................       110827  I
Cyclohexanol............................       108930  I
Cyclohexanone...........................       108941  I
Cyclohexylamine.........................       108918  III
Cyclooctadienes.........................     29965977  II
Decahydronaphthalene....................        91178  IV
Diacetoxy-2-Butene (1,4-)...............         0012  V
Diaminophenol hydrochloride.............       137097  V
Dibromomethane..........................        74953  V
Dichloroaniline (mixed isomers).........     27134276  I
Dichlorobenzene (p-)....................       106467  I
Dichlorobenzene (m-)....................       541731  I
Dichlorobenzene (o-)....................        95501  I
Dichlorobenzidine                               91941  I
 (3,3'-).
Dichlorodifluoromethane.................        75718  I
Dichloroethane (1,2-)                          107062  I
 (Ethylenedichloride) (EDC).

[[Page 210]]

 
Dichloroethyl ether (bis(2-                    111444  I
 chloroethyl)ether).
Dichloroethylene (1,2-).................       540590  II
Dichlorophenol (2,4-)...................       120832  III
Dichloropropene (1,3-)..................       542756  II
Dichlorotetrafluoro-                          1320372  V
 ethane.
Dichloro-1-butene (3,4-)................       760236  II
Dichloro-2-butene (1,4-)................       764410  V
Diethanolamine (2,2'-Iminodiethanol)....       111422  I
Diethyl sulfate.........................        64675  II
Diethylamine............................       109897  IV
Diethylaniline (2,6-)...................       579668  V
Diethylene glycol.......................       111466  I
Diethylene glycol dibutyl ether.........       112732  I
Diethylene glycol diethyl ether.........       112367  I
Diethylene glycol dimethyl ether........       111966  I
Diethylene glycol monobutyl ether              124174  I
 acetate.
Diethylene glycol monobutyl ether.......       112345  I
Diethylene glycol monoethyl ether              112152  I
 acetate.
Diethylene glycol monoethyl ether.......       111900  I
Diethylene glycol monohexyl ether.......       112594  V
Diethylene glycol monomethyl ether             629389  V
 acetate.
Diethylene glycol monomethyl ether......       111773  I
Dihydroxybenzoic acid (Resorcylic acid).     27138574  V
Dimethylbenzidine                              119937  II
 (3,3'-).
Dimethyl ether..........................       115106  IV
Dimethylformamide (N,N-)................        68122  II
Dimethylhydrazine                               57147  II
 (1,1-).
Dimethyl sulfate........................        77781  I
Dimethyl terephthalate..................       120616  II
Dimethylamine...........................       124403  IV
Dimethylaminoethanol (2-)...............       108010  I
Dimethylaniline (N,N')..................       121697  III
Dinitrobenzenes (NOS) \c\...............     25154545  I
Dinitrophenol (2,4-)....................        51285  III
Dinitrotoluene (2,4-)...................       121142  III
Dioxane (1,4-) (1,4-Diethyleneoxide)....         1239  11I
Dioxolane (1,3-)........................       646060  I
Diphenyl methane........................       101815  I
Diphenyl oxide..........................       101848  I
Diphenyl thiourea.......................       102089  III
Diphenylamine...........................       122394  III
Dipropylene glycol......................       110985  I
Di-o-tolyguanidine......................        97392  III
Dodecanedioic acid......................       693232  I
Dodecyl benzene (branched)..............       123013  V
Dodecyl phenol (branched)...............    121158585  V
Dodecylaniline..........................     28675174  V
Dodecylbenzene (n-).....................       121013  I
Dodecylphenol...........................     27193868  III
Epichlorohydrin (1-chloro-2,3-                 106898  I
 epoxypropane).
Ethanolamine............................       141435  I
Ethyl acrylate..........................       140885  II
Ethylbenzene............................       100414  I
Ethyl chloride (Chloroethane)...........        75003  IV
Ethyl chloroacetate.....................       105395  II
Ethylamine..............................        75047  V
Ethylaniline (N-).......................       103695  III
Ethylaniline (o-).......................       578541  III
Ethylcellulose..........................      9004573  V
Ethylcyanoacetate.......................       105566  V
Ethylene carbonate......................        96491  I
Ethylene dibromide (Dibromoethane)......       106934  I
Ethylene glycol.........................       107211  I
Ethylene glycol diacetate...............       111557  I
Ethylene glycol dibutyl ether...........       112481  V
Ethylene glycol diethyl ether                  629141  I
 (1,2-diethoxyethane).
Ethylene glycol                                110714  I
 dimethyl ether
Ethylene glycol monoacetate.............       542596  V
Ethylene glycol monobutyl ether                112072  I
 acetate.
Ethylene glycol monobutyl ether.........       111762  I
Ethylene glycol monoethyl ether                111159  I
 acetate.
Ethylene glycol monoethyl ether.........       110805  I
Ethylene glycol monohexyl ether.........       112254  V
Ethylene glycol monomethyl ether acetate       110496  I
Ethylene glycol monomethyl ether........       109864  I
Ethylene glycol monooctyl ether.........          002  V
Ethylene glycol monophenyl ether........       122996  I
Ethylene glycol monopropyl ether........      2807309  I
Ethylene oxide..........................        75218  I
Ethylenediamine.........................       107153  II
Ethylenediamine tetraacetic acid........        60004  V
Ethylenimine (Aziridine)................       151564  II
Ethylhexyl acrylate (2-isomer)..........       103117  II
Fluoranthene............................       206440  V
Formaldehyde............................        50000  I
Formamide...............................        75127  II
Formic acid.............................        64186  II
Fumaric acid............................       110178  I
Glutaraldehyde..........................       111308  IV
Glyceraldehyde..........................       367475  V
Glycerol................................        56815  II
Glycine.................................        56406  II
Glyoxal.................................       107222  II
Hexachlorobenzene.......................       118741  II
Hexachlorobutadiene.....................        87683  II
Hexachloroethane........................        67721  II
Hexadiene (1,4-)........................       592450  II
Hexamethylene-                                 100970  I
 tetramine.
Hexane..................................       110543  V
Hexanetriol (1,2,6-)....................       106694  IV
Hydroquinone............................       123319  I
Hydroxyadipaldehyde.....................       141311  V
Isobutyl acrylate.......................       106638  V
Isobutylene.............................       115117  V
Isophorone..............................        78591  IV
Isophorone nitrile......................         0017  V
Isophthalic acid........................       121915  III
Isopropylphenol.........................     25168063  III
Linear alkylbenzene.....................       ---- d  I
Maleic anhydride........................       108316  I
Maleic hydrazide........................       123331  I
Malic acid..............................      6915157  I
Metanilic acid..........................       121471  I
Methacrylic acid........................        79414  V
Methanol................................        67561  IV
Methionine..............................        63683  I
Methyl acetate..........................        79209  IV
Methyl acrylate.........................        96333  V
Methyl bromide (Bromomethane)...........        74839  IV
Methyl chloride (Chloromethane).........        74873  IV
Methyl ethyl ketone (2-butanone)........        78933  V
Methyl formate..........................       107313  II
Methyl hydrazine........................        60344  IV
Methyl isobutyl carbinol................       108112  IV
Methyl isobutyl ketone (Hexone).........       108101  IV
Methyl isocyanate.......................       624839  IV
Methyl mercaptan........................        74931  IV
Methyl methacrylate.....................        80626  IV
Methyl phenyl carbinol..................        98851  II
Methyl tert-butyl ether.................      1634044  V
Methylamine.............................        74895  IV
Methylaniline (N-)......................       100618  III
Methylcyclohexane.......................       108872  III

[[Page 211]]

 
Methylcyclohexanol......................     25639423  V
Methylcyclohexanone.....................      1331222  III
Methylene chloride (Dichloromethane)....        75092  I
Methylene dianiline (4,4'-isomer).......       101779  I
Methylene diphenyl diisocyanate (4,4'-)        101688  III
 (MDI).
Methylionones (a-)......................        79696  V
Methylpentynol..........................        77758  V
Methylstyrene (a-)......................        98839  I
Naphthalene.............................        91203  IV
Naphthalene sulfonic acid (a-)..........        85472  IV
Naphthalene sulfonic acid (b-)..........       120183  IV
Naphthol (a-)...........................        90153  IV
Naphthol (b-)...........................       135193  IV
Naphtholsulfonic acid (1-)..............       567180  V
Naphthylamine sulfonic acid (1,4-)......        84866  V
Naphthylamine sulfonic acid (2,1-)......        81163  V
Naphthylamine (1-)......................       134327  V
Naphthylamine (2-)......................        91598  V
Nitroaniline (m-).......................        99092  II
Nitroaniline (o-).......................        88744  I
Nitroanisole (o-).......................        91236  III
Nitroanisole (p-).......................       100174  III
Nitrobenzene............................        98953  I
Nitronaphthalene (1-)...................        86577  IV
Nitrophenol (p-)........................       100027  III
Nitrophenol (o-)........................        88755  III
Nitropropane (2-).......................        79469  II
Nitrotoluene (all isomers)..............      1321126  III
Nitrotoluene (o-).......................        88722  III
Nitrotoluene (m-).......................        99081  III
Nitrotoluene (p-).......................        99990  III
Nitroxylene.............................     25168041  V
Nonylbenzene (branched).................      1081772  V
Nonylphenol.............................     25154523  V
Octene-1................................       111660  I
Octylphenol.............................     27193288  III
Paraformaldehyde........................     30525894  I
Paraldehyde.............................       123637  II
Pentachlorophenol.......................        87865  III
Pentaerythritol.........................       115775  I
Peracetic acid..........................        79210  II
Perchloromethyl mercaptan...............       594423  IV
Phenanthrene............................        85018  V
Phenetidine (p-)........................       156434  III
Phenol..................................       108952  III
Phenolphthalein.........................        77098  III
Phenolsulfonic acids (all isomers)......      1333397  III
Phenyl anthranilic acid (all isomers)...        91407  III
Phenylenediamine (p-)...................       106503  I
Phloroglucinol..........................       108736  III
Phosgene................................        75445  IV
Phthalic acid...........................        88993  III
Phthalic anhydride......................        85449  III
Phthalimide.............................        85416  III
Phthalonitrile..........................        91156  III
Picoline (b-)...........................       108996  II
Piperazine..............................       110850  I
Propiolactone (beta-)...................        57578  I
Propionaldehyde.........................       123386  IV
Propionic acid..........................        79094  I
Propylene carbonate.....................       108327  V
Propylene dichloride (1,2-                      78875  IV
 dichloropropane).
Propylene glycol........................        57556  I
Propylene glycol monomethyl ether.......       107982  I
Propylene oxide.........................        75569  I
Pyrene..................................       129000  V
Pyridine................................       110861  II
p-tert-Butyl toluene....................        98511  III
Quinone.................................       106514  III
Resorcinol..............................       108463  I
Salicylic acid..........................        69727  III
Sodium methoxide........................       124414  IV
Sodium phenate..........................       139026  III
Stilbene................................       588590  III
Styrene.................................       100425  I
Succinic acid...........................       110156  I
Succinonitrile..........................       110612  I
Sulfanilic acid.........................       121573  III
Sulfolane...............................       126330  II
Tartaric acid...........................       526830  I
Terephthalic acid.......................       100210  II
Tetrabromophthalic anhydride............       632791  III
Tetrachlorobenzene (1,2,4,5-)...........        95943  I
Tetrachloroethane (1,1,2,2-)............        79345  II
Tetrachloroethylene (Perchloroethylene).       127184  I
Tetrachlorophthalic-                           117088  III
 anhydride.
Tetraethyl lead.........................        78002  IV
Tetraethylene glycol....................       112607  I
Tetraethylene-                                 112572  V
 pentamine.
Tetrahydrofuran.........................       109999  I
Tetrahydronapthalene....................       119642  IV
Tetrahydrophthalic anhydride............        85438  II
Tetramethylene-                                110601  II
 diamine.
Tetramethylethylenediamine..............       110189  V
Tetramethyllead.........................        75741  V
Toluene.................................       108883  I
Toluene 2,4 diamine.....................        95807  II
Toluene 2,4 diisocyanate................       584849  II
Toluene diisocyanates (mixture).........     26471625  II
Toluene sulfonic acids..................       104154  III
Toluenesulfonyl chloride................        98599  III
Toluidine (o-)..........................        95534  II
Trichloroaniline-                              634935  III
 (2,4,6-).
Trichlorobenzene (1,2,3-)...............        87616  V
Trichlorobenzene (1,2,4-)...............       120821  I
Trichloroethane                                 71556  II
 (1,1,1-)
Trichloroethane (1,1,2-) (Vinyl                 79005  II
 trichloride).
Trichloroethylene.......................        79016  I
Trichlorofluoromethane..................        75694  I
Trichlorophenol                                 95954  I
 (2,4,5-).
(1,1,2-) Trichloro                              76131  I
 (1,2,2-) trifluoroethane.
Triethanolamine.........................       102716  I
Triethylamine...........................       121448  IV
Triethylene glycol......................       112276  I
Triethylene glycol                             112492  I
 dimethyl ether.
Triethylene glycol monoethyl ether......       112505  V
Triethylene glycol monomethyl ether.....       112356  I
Trimethylamine..........................        75503  IV
Trimethylcyclohexanol...................       933482  IV
Trimethylcyclo-                               2408379  IV
 hexanone.
Trimethylcyclo-                              34216347  V
 hexylamine.
Trimethylolpropane......................        77996  I
Trimethylpentane (2,2,4-)...............       540841  V
Tripropylene glycol.....................     24800440  V
Vinyl acetate...........................       108054  II
Vinyl chloride (Chloroethylene).........        75014  I
Vinyl toluene...........................     25013154  III
Vinylcyclohexene (4-)...................       100403  II
Vinylidene chloride                             75354  II
 (1,1-dichloroethylene).
Vinyl(N-)-pyrrolidone(2-)...............        88120  V
Xanthates...............................       140896  V
Xylene sulfonic acid....................     25321419  III

[[Page 212]]

 
Xylenes (NOS) \c\.......................      1330207  I
Xylene (m-).............................       108383  I
Xylene (o-).............................        95476  I
Xylene (p-).............................       106423  I
Xylenols (Mixed)........................      1300716  V
Xylidene................................      1300738  III
------------------------------------------------------------------------
\a\ Isomer means all structural arrangements for the same number of
  atoms of each element and does not mean salts, esters, or derivatives.
 
\b\ CAS Number = Chemical Abstract Service number.
\c\ NOS = not otherwise specified.
\d\ No CAS number assigned.


[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
61 FR 31439, June 20, 1996; 63 FR 26082, May 12, 1998]



 Sec. Table 2 to Subpart F of Part 63--Organic Hazardous Air Pollutants

------------------------------------------------------------------------
                                                                CAS No.
                     Chemical name \a,b\                          \c\
------------------------------------------------------------------------
Acenaphthene................................................       83329
Acetaldehyde................................................       75070
Acetamide...................................................       60355
Acetonitrile................................................       75058
Acetophenone................................................       98862
Acrolein....................................................      107028
Acrylamide..................................................       79061
Acrylic acid................................................       79107
Acrylonitrile...............................................      107131
Alizarin....................................................       72480
Allyl chloride..............................................      107051
Aniline.....................................................       62533
Anisidine (o-)..............................................       90040
Anthracene..................................................      120127
Anthraquinone...............................................       84651
Benzene.....................................................       71432
Benzotrichloride............................................       98077
Benzyl chloride.............................................      100447
Biphenyl....................................................       92524
Bis(chloromethyl)ether......................................      542881
Bromoform...................................................       75252
Bromonaphthalene............................................    27497514
Butadiene (1,3-)............................................      106990
Carbon disulfide............................................       75150
Carbon tetrachloride........................................       56235
Chloroacetic acid...........................................       79118
Chloroacetophenone (2-).....................................      532274
Chlorobenzene...............................................      108907
2-Chloro-,1,3-butadiene (Chloroprene).......................      126998
Chloroform..................................................       67663
Chloronaphthalene...........................................    25586430
Chrysene....................................................      218019
Cresols and cresylic acids (mixed)..........................     1319773
Cresol and cresylic acid (o-)...............................       95487
Cresol and cresylic acid (m-)...............................      108394
Cresol and cresylic acid (p-)...............................      106445
Cumene......................................................       98828
Dichlorobenzene (p-)........................................      106467
Dichlorobenzidine (3,3'-)...................................       91941
Dichloroethane (1,2-) (Ethylene dichloride) (EDC)...........      107062
Dichloroethylether (Bis(2-chloroethyl)ether)................      111444
Dichloropropene (1,3-)......................................      542756
Diethanolamine (2,2'-Iminodiethanol)........................      111422
Dimethylaniline (N,N-)......................................      121697
Diethyl sulfate.............................................       64675
Dimethylbenzidine (3,3'-)...................................      119937
Dimethylformamide (N,N-)....................................       68122
Dimethylhydrazine (1,1-)....................................       58147
Dimethylphthalate...........................................      131113
Dimethylsulfate.............................................       77781
Dinitrophenol (2,4-)........................................       51285
Dinitrotoluene (2,4-).......................................      121142
Dioxane (1,4-) (1,4-Diethyleneoxide)........................      123911
1,2-Diphenylhydrazine.......................................      122667
Epichlorohydrin (1-Chloro-2,3-epoxypropane).................      106898
Ethyl acrylate..............................................      140885
Ethylbenzene................................................      100414
Ethyl chloride (Chloroethane)...............................       75003
Ethylene dibromide (Dibromoethane)..........................      106934
Ethylene glycol.............................................      107211
Ethylene oxide..............................................       75218
Ethylidene dichloride (1,1-Dichloroethane)..................       75343
Fluoranthene................................................      206440
Formaldehyde................................................       50000
Glycol ethers \d\...........................................
Hexachlorobenzene...........................................      118741
Hexachlorobutadiene.........................................       87683
Hexachloroethane............................................       67721
Hexane......................................................      110543
Hydroquinone................................................      123319
Isophorone..................................................       78591
Maleic anhydride............................................      108316
Methanol....................................................       67561
Methylbromide (Bromomethane)................................       74839
Methylchloride (Chloromethane)..............................       74873
Methyl hydrazine............................................       60344
Methyl isobutyl ketone (Hexone).............................      108101
Methyl isocyanate...........................................      624839
Methyl methacrylate.........................................       80626
Methyl tert-butyl ether.....................................     1634044
Methylene chloride (Dichloromethane)........................       75092
Methylene diphenyl diisocyanate (4,4'-) (MDI)...............      101688
Methylenedianiline (4,4'-)..................................      101779
Naphthalene.................................................       91203
Naphthalene sulfonic acid ([alpha]).........................       85472
Naphthalene sulfonic acid ([beta])..........................      120183
Naphthol ([alpha])..........................................       90153
Naphthol ([beta])...........................................      135193
Naphtholsulfonic acid (1-)..................................      567180
Naphthylamine sulfonic acid (1,4-)..........................       84866
Naphthylamine sulfonic acid (2,1-)..........................       81163
Naphthylamine (1-)..........................................      134327
Naphthylamine (2-)..........................................       91598
Nitronaphthalene (1-).......................................       86577
Nitrobenzene................................................       98953
Nitrophenol (p-)............................................      100027
Nitropropane (2-)...........................................       79469
Phenanthrene................................................       85018
Phenol......................................................      108952
Phenylenediamine (p-).......................................      106503
Phosgene....................................................       75445
Phthalic anhydride..........................................       85449
Propiolactone (beta-).......................................       57578
Propionaldehyde.............................................      123386
Propylene dichloride (1,2-Dichloropropane)..................       78875
Propylene oxide.............................................       75569
Pyrene......................................................      129000
Quinone.....................................................      106514
Styrene.....................................................      100425
Tetrachloroethane (1,1,2,2-)................................       79345
Tetrachloroethylene (Perchloroethylene).....................      127184
Tetrahydronaphthalene.......................................      119642
Toluene.....................................................      108883
Toluene diamine (2,4-)......................................       95807
Toluene diisocyanate (2,4-).................................      584849
Toluidine (o-)..............................................       95534
Trichlorobenzene (1,2,4-)...................................      120821
Trichloroethane (1,1,1-) (Methyl chloroform)................       71556
Trichloroethane (1,1,2-) (Vinyl trichloride)................       79005
Trichloroethylene...........................................       79016
Trichlorophenol (2,4,5-)....................................       95954
Triethylamine...............................................      121448
Trimethylpentane (2,2,4-)...................................      540841
Vinyl acetate...............................................      108054

[[Page 213]]

 
Vinyl chloride (Chloroethylene).............................       75014
Vinylidene chloride (1,1-Dichloroethylene)..................       75354
Xylenes (NOS)...............................................     1330207
Xylene (m-).................................................      108383
Xylene (o-).................................................       95476
Xylene (p-).................................................     106423
------------------------------------------------------------------------
\a\ For all Listings above containing the word ``Compounds,'' the
  following applies: Unless otherwise specified, these listings are
  defined as including any unique chemical substance that contains the
  named chemical (i.e., antimony, arsenic) as part of that chemical's
  infrastructure.
\b\ Isomer means all structural arrangements for the same number of
  atoms of each element and does not mean salts, esters, or derivatives.
\c\ CAS No.=Chemical Abstract Service number.
\d\ Includes mono- and di- ethers of ethylene glycol, diethylene glycol,
  and triethylene glycol R-(OCH2 CH2n-OR where:
 n=1, 2, or 3;
 R=alkyl or aryl groups; and
 R'=R, H or groups which, when removed, yield glycol ethers with the
  structure:
 R-(OCH2 CH2n-OH
Polymers are excluded from the glycol category.


[62 FR 2735, Jan. 17, 1997, as amended at 71 FR 76614, Dec. 21, 2006]



 Sec. Table 3 to Subpart F of Part 63--General Provisions Applicability 

                to Subparts F, G, and H \a\ to Subpart F

------------------------------------------------------------------------
                         Applies to subparts
       Reference             F, G, and H                Comment
------------------------------------------------------------------------
63.1(a)(1).............  Yes................  Overlap clarified in Sec.
                                                63.101, Sec.  63.111,
                                               Sec.  63.161.
63.1(a)(2).............  Yes................
63.1(a)(3).............  Yes................  Sec.  63.110 and Sec.
                                               63.160(b) of subparts G
                                               and H identify which
                                               standards are overridden.
63.1(a)(4).............  No.................  Subpart F specifies
                                               applicability of each
                                               paragraph in subpart A to
                                               subparts F, G, and H.
63.1(a)(5)-(a)(9)......  No.................
63.1(a)(10)............  No.................  Subparts F, G, and H
                                               specify calendar or
                                               operating day.
63.1(a)(11)............  No.................  Subpart F Sec.  63.103(d)
                                               specifies acceptable
                                               methods for submitting
                                               reports. \a\
63.1(a)(12)-(a)(14)....  Yes................
63.1(b)(1).............  No.................  Subpart F specifies
                                               applicability.
63.1(b)(2).............  Yes................
63.1(b)(3).............  No.................
63.1(c)(1).............  No.................  Subpart F specifies
                                               applicability.
63.1(c)(2).............  No.................  Area sources are not
                                               subject to subparts F, G,
                                               and H.
63.1(c)(3).............  No.................
63.1(c)(4).............  Yes................
63.1(c)(5).............  No.................  Subparts G and H specify
                                               applicable notification
                                               requirements.
63.1(d)................  No.................
63.1(e)................  No.................  Subparts F, G, and H
                                               established before permit
                                               program.
63.2...................  Yes................  Subpart F Sec.  63.101(a)
                                               specifies those subpart A
                                               definitions that apply to
                                               the HON. Subpart F
                                               definition of ``source''
                                               is equivalent to subpart
                                               A definition of
                                               ``affected source.''
63.3...................  No.................  Units of measure are
                                               spelled out in subparts
                                               F, G, and H.
63.4 (a)(1)-(a)(3).....  Yes................
63.4(a)(4).............  No.................  This is a reserved
                                               paragraph in subpart A of
                                               part 63.
63.4(a)(5).............  Yes................
63.4(b)................  Yes................
63.4(c)................  Yes................
63.5(a)(1).............  Yes................  Except the terms
                                               ``source'' and
                                               ``stationary source'' in
                                               Sec.  63.5(a)(1) should
                                               be interpreted as having
                                               the same meaning as
                                               ``affected source.''
63.5(a)(2).............  Yes................
63.5(b)(1).............  Yes................  Except Sec.  63.100(l)
                                               defines when construction
                                               or reconstruction is
                                               subject to standards for
                                               new sources.
63.5(b)(2).............  No.................  This is a reserved
                                               paragraph in subpart A of
                                               part 63.
63.5(b)(3).............  Yes................
63.5(b)(4).............  Yes................  Except the cross reference
                                               to Sec.  63.9(b) is
                                               limited to Sec.  63.9(b)
                                               (4) and (5). Subpart F
                                               overrides Sec.  63.9
                                               (b)(1) through (b)(3).
63.5(b)(5).............  Yes................
63.5(b)(6).............  Yes................  Except Sec.  63.100(l)
                                               defines when construction
                                               or reconstruction is
                                               subject to standards for
                                               new sources.
63.5(c)................  No.................  This is a reserved
                                               paragraph in subpart A of
                                               part 63.
63.5(d)(1)(i)..........  No.................  For subpart G, see Sec.
                                               63.151(b) (2)(ii) and
                                               (2)(iii) for the
                                               applicability and timing
                                               of this submittal; for
                                               subpart H, see Sec.
                                               63.182(b) (2)(ii) and
                                               (b)(2)(iii) for
                                               applicability and timing
                                               of this submittal.
63.5(d)(1)(ii).........  Yes................  Except Sec.
                                               63.5(d)(1)(ii)(H) does
                                               not apply.
63.5(d)(1)(iii)........  No.................  Subpart G requires
                                               submittal of the
                                               Notification of
                                               Compliance Status in Sec.
                                                 63.152(b); subpart H
                                               specifies requirements in
                                               Sec.  63.182(c).
63.5(d)(2).............  No.................
63.5(d)(3).............  Yes--subpart G No--  Except Sec.
                          subpart H.           63.5(d)(3)(ii) does not
                                               apply to subpart G.
63.5(d)(4).............  Yes................
63.5(e)................  Yes................
63.5(f)(1).............  Yes................

[[Page 214]]

 
63.5(f)(2).............  Yes................  Except the cross-reference
                                               to Sec.  63.5(d)(1) is
                                               changed to Sec.
                                               63.151(b)(2)(ii) of
                                               subpart G and to Sec.
                                               63.182(b)(2)(ii) of
                                               subpart H. The cross-
                                               reference to Sec.
                                               63.5(b)(2) does not
                                               apply.
63.6(a)................  Yes................
63.6(b)(1).............  No.................  Subparts F and H specify
                                               compliance dates for
                                               sources subject to
                                               subparts F, G, and H.
63.6(b)(2).............  No.................
63.6(b)(3).............  Yes................
63.6(b)(4).............  No.................  May apply when standards
                                               are proposed under
                                               Section 112(f) of the
                                               Clean Air Act.
63.6(b)(5).............  No.................  Subparts G and H include
                                               notification
                                               requirements.
63.6(b)(6).............  No.................
63.6(b)(7).............  No.................
63.6(c)(1).............  No.................  Subpart F specifies the
                                               compliance dates for
                                               subparts G and H.
63.6(c)(2).............  No.................
63.6(c)(3).............  No.................
63.6(c)(4).............  No.................
63.6(c)(5).............  Yes................
63.6(d)................  No.................
63.6(e)................  Yes................  Except as otherwise
                                               specified for individual
                                               paragraphs. Does not
                                               apply to Group 2 emission
                                               points unless they are
                                               included in an emissions
                                               average. \b\
63.6(e)(1)(i)..........  No.................  This is addressed by Sec.
                                                63.102(a)(4) of subpart
                                               F.
63.6(e)(1)(ii).........  Yes................
63.6(e)(1)(iii)........  Yes................
63.6(e)(2).............  Yes................
63.6(e)(3)(i)..........  Yes................  For subpart H, the
                                               startup, shutdown, and
                                               malfunction plan
                                               requirement of Sec.
                                               63.6(e)(3)(i) is limited
                                               to control devices
                                               subject to the provisions
                                               of subpart H and is
                                               optional for other
                                               equipment subject to
                                               subpart H. The startup,
                                               shutdown, and malfunction
                                               plan may include written
                                               procedures that identify
                                               conditions that justify a
                                               delay of repair.
63.6(e)(3)(i)(A).......  No.................  This is addressed by Sec.
                                                63.102(a)(4).
63.6(e)(3)(i)(B).......  Yes................
63.6(e)(3)(i)(C).......  Yes................
63.6(e)(3)(ii).........  Yes................
63.6(e)(3)(iii)........  No.................  Recordkeeping and
                                               reporting are specified
                                               in Sec.  63.103(c)(2) of
                                               subpart F and Sec.
                                               63.152(d)(1) of subpart
                                               G.
63.6(e)(3)(iv).........  No.................  Recordkeeping and
                                               reporting are specified
                                               in Sec.  63.103(c)(2) of
                                               subpart F and Sec.
                                               63.152(d)(1) of subpart
                                               G.
63.6(e)(3)(v)..........  No.................  Records retention
                                               requirements are
                                               specified in Sec.
                                               63.103(c).
63.6(e)(3)(vi).........  Yes................
63.6(e)(3)(vii)........  Yes................
63.6(e)(3)(vii)(A).....  Yes................
63.6(e)(3)(vii)(B).....  Yes................  Except the plan must
                                               provide for operation in
                                               compliance with Sec.
                                               63.102(a)(4).
63.6(e)(3)(vii)(C).....  Yes................
63.6(e)(3)(viii).......  Yes................
63.6(e)(3)(ix).........  Yes................
63.6(f)(1).............  No.................  Sec.  63.102(a) of
                                               subpart F specifies when
                                               the standards apply.
63.6(f)(2)(i)..........  Yes................
63.6(f)(2)(ii).........  Yes--subpart G No--  Sec.  63.152(c)(2) of
                          subpart H.           subpart G specifies the
                                               use of monitoring data in
                                               determining compliance
                                               with subpart G.
63.6(f)(2)(iii) (A),     Yes................
 (B), and (C).
63.6(f)(2)(iii)(D).....  No.................
63.6(f)(2)(iv).........  Yes................
63.6(f)(2)(v)..........  Yes................
63.6(f)(3).............  Yes................
63.6(g)................  No.................  Procedures specified in
                                               Sec.  63.102(b) of
                                               subpart F.
63.6(h)................  No.................
63.6(i)(1).............  Yes................
63.6(i)(2).............  Yes................
63.6(i)(3).............  No.................  For subpart G, Sec.
                                               63.151(a)(6) specifies
                                               procedures; for subpart
                                               H, Sec.  63.182(a)(6)
                                               specifies procedures.
63.6(i)(4)(i)(A).......  Yes................
63.6(i)(4)(i)(B).......  No.................  Dates are specified in
                                               Sec.  63.151(a)(6)(i) of
                                               subpart G and Sec.
                                               63.182(a)(6)(i) of
                                               subpart H.
63.6(i)(4)(ii).........  No.................
63.6(i)(5)-(14)........  Yes................
63.6(i)(15)............  No.................
63.6(i)(16)............  Yes................
63.6(j)................  Yes................
63.7(a)(1).............  No.................  Subparts F, G, and H
                                               specify required testing
                                               and compliance
                                               demonstration procedures.
63.7(a)(2).............  No.................  For subpart G, test
                                               results must be submitted
                                               in the Notification of
                                               Compliance Status due 150
                                               days after compliance
                                               date, as specified in
                                               Sec.  63.152(b); for
                                               subpart H, all test
                                               results subject to
                                               reporting are reported in
                                               periodic reports.
63.7(a)(3).............  Yes................

[[Page 215]]

 
63.7(b)................  No.................
63.7(c)................  No.................
63.7(d)................  Yes................
63.7(e)(1).............  Yes................
63.7(e)(2).............  Yes................
63.7(e)(3).............  No.................  Subparts F, G, and H
                                               specify test methods and
                                               procedures.
63.7(e)(4).............  Yes................
63.7(f)................  No.................  Subparts F, G, and H
                                               specify applicable
                                               methods and provide
                                               alternatives.
63.7(g)................  No.................  Performance test reporting
                                               specified in Sec.
                                               63.152(b) of subpart G:
                                               Not applicable to subpart
                                               H because no performance
                                               test required by subpart
                                               H.
63.7(h)(1).............  Yes................
63.7(h)(2).............  Yes................
63.7(h)(3).............  No.................  Sec.  63.103(b)(5) of
                                               subpart F specifies
                                               provisions for requests
                                               to waive performance
                                               tests.
63.7(h)(4).............  No.................
63.7(h)(5).............  Yes................
63.8(a)(1).............  Yes................
63.8(a)(2).............  No.................
63.8(a)(3).............  No.................
63.8(a)(4).............  Yes................
63.8(b)(1).............  Yes................
63.8(b)(2).............  No.................  Subparts G and H specify
                                               locations to conduct
                                               monitoring.
63.8(b)(3).............  Yes................
63.8(c)(1)(i)..........  Yes................
63.8(c)(1)(ii).........  No.................  For subpart G, submit as
                                               part of periodic report
                                               required by Sec.
                                               63.152(c); for subpart H,
                                               retain as required by
                                               Sec.  63.181(g)(2)(ii).
63.8(c)(1)(iii)........  Yes................
63.8(c)(2).............  Yes................
63.8(c)(3).............  Yes................
63.8(c)(4).............  No.................  Subpart G specifies
                                               monitoring frequency by
                                               kind of emission point
                                               and control technology
                                               used (e.g., Sec. Sec.
                                               63.111, 63.120(d)(2),
                                               63.143, and 63.152(f));
                                               subpart H does not
                                               require use of continuous
                                               monitoring systems.
63.8(c)(5)-(c)(8)......  No.................
63.8(d)................  No.................
63.8(e)................  No.................
63.8(f)(1)-(f)(3)......  Yes................
63.8(f)(4)(i)..........  No.................  Timeframe for submitting
                                               request specified in Sec.
                                                 63.151(f) or (g) of
                                               subpart G; not applicable
                                               to subpart H because
                                               subpart H specifies
                                               acceptable alternative
                                               methods.
63.8(f)(4)(ii).........  Yes................
63.8(f)(4)(iii)........  No.................
63.8(f)(5)(i)..........  Yes................
63.8(f)(5)(ii).........  No.................
63.8(f)(5)(iii)........  Yes................
63.8(f)(6).............  No.................  Subparts G and H do not
                                               require continuous
                                               emission monitoring.
63.8(g)................  No.................  Data reduction procedures
                                               specified in Sec.
                                               63.152(f) and (g) of
                                               subpart G; not applicable
                                               to subpart H.
63.9(a)................  Yes................
63.9(b)(1).............  No.................  Specified in Sec.
                                               63.151(b)(2) of subpart
                                               G; specified in Sec.
                                               63.182(b) of subpart H.
63.9(b)(2).............  No.................  Initial Notification
                                               provisions are specified
                                               in Sec.  63.151(b) of
                                               subpart G; in Sec.
                                               63.182(b) of subpart H.
63.9(b)(3).............  No.................
63.9(b)(4).............  Yes................  Except that the
                                               notification in Sec.
                                               63.9(b)(4)(i) shall be
                                               submitted at the time
                                               specified in Sec.
                                               63.151(b)(2)(ii) of
                                               subpart G; in Sec.
                                               63.182(b)(2) of subpart
                                               H.
63.9(b)(5).............  Yes................  Except that the
                                               notification in Sec.
                                               63.9(b)(5) shall be
                                               submitted at the time
                                               specified in Sec.
                                               63.151(b)(2)(ii) of
                                               subpart G; in Sec.
                                               63.182 (b)(2) of subpart
                                               H.
63.9(c)................  Yes................
63.9(d)................  Yes................
63.9(e)................  No.................
63.9(f)................  No.................
63.9(g)................  No.................
63.9(h)................  No.................  Sec.  63.152(b) of
                                               subpart G and Sec.
                                               63.182(c) of subpart H
                                               specify Notification of
                                               Compliance Status
                                               requirements.
63.9(i)................  Yes................
63.9(j)................  No.................
63.10(a)...............  Yes................
63.10(b)(1)............  No.................  Sec.  63.103(c) of
                                               subpart F specifies
                                               record retention
                                               requirements.
63.10(b)(2)............  No.................  Sec.  63.103(c) of
                                               subpart F specifies
                                               required records.
63.10(b)(3)............  No.................
63.10(c)...............  No.................
63.10(d)(1)............  No.................
63.10(d)(2)............  No.................  Sec.  63.152(b) of
                                               subpart G specifies
                                               performance test
                                               reporting; not applicable
                                               to subpart H.
63.10(d)(3)............  No.................
63.10(d)(4)............  Yes................

[[Page 216]]

 
63.10(d)(5)............  Yes................  Except that reports
                                               required by Sec.
                                               63.10(d)(5) shall be
                                               submitted at the time
                                               specified in Sec.
                                               63.152(d) of subpart G
                                               and in Sec.  63.182(d)
                                               of subpart H.
63.10(e)...............  No.................
63.10(f)...............  Yes................
63.11-63.15............  Yes ...............
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).
  Submittals shall be sent by the specified dates, but a postmark is not
  necessarily required.
\b\ The plan, and any records or reports of start-up, shutdown, and
  malfunction do not apply to Group 2 emission points unless they are
  included in an emissions average.


[62 FR 2737, Jan. 17, 1997, as amended at 71 FR 20456, Apr. 20, 2006]



 Sec. Table 4 to Subpart F of Part 63--Organic Hazardous Air Pollutants 

    Subject to Cooling Tower Monitoring Requirements in Sec. 63.104

------------------------------------------------------------------------
                                                              CAS Number
                        Chemical name                             \a\
------------------------------------------------------------------------
Acetaldehyde................................................       75070
Acetonitrile................................................       75058
Acetophenone................................................       98862
Acrolein....................................................      107028
Acrylonitrile...............................................      107131
Allyl chloride..............................................      107051
Aniline.....................................................       62533
Anisidine (o-)..............................................       90040
Benzene.....................................................       71432
Benzyl chloride.............................................      100447
Biphenyl....................................................       92524
Bromoform...................................................       75252
Butadiene (1,3-)............................................      106990
Carbon disulfide............................................       75150
Carbon tetrachloride........................................       56235
Chloroacetophenone (2-).....................................      532274
Chlorobenzene...............................................      108907
2-Chloro-1,3-butadiene (Chloroprene)........................      126998
Chloroform..................................................       67663
Cresol and cresylic acid (o-)...............................       95487
Cresol and cresylic acid (m-)...............................      108394
Cresol and cresylic acid (p-)...............................      106445
Cumene......................................................       98828
Dichlorobenzene (p-)........................................      106467
Dichlorobenzidine (3,3'-)...................................       91941
Dichloroethane (1,2-) (Ethylene dichloride) (EDC)...........      107062
Dichloroethyl ether (Bis(2-chloroethyl)ether)...............      111444
Dichloropropene (1,3-)......................................      542756
Diethylene glycol diethyl ether.............................      112367
Diethylene glycol dimethyl ether............................      111966
Diethyl sulfate.............................................       64675
Dimethylaniline (N,N-)......................................      121697
Dimethylhydrazine (1,1-)....................................       57147
Dimethyl phthalate..........................................      131113
Dimethyl sulfate............................................       77781
Dinitrophenol (2,4-)........................................       51285
Dinitrotoluene (2,4-).......................................      121142
Dioxane (1,4-) (1,4-Diethyleneoxide)........................      123911
Epichlorohydrin (1-Chloro-2,3-epoxypropane).................      106898
Ethyl acrylate..............................................      140885
Ethylbenzene................................................      100414
Ethyl chloride (Chloroethane)...............................       75003
Ethylene dibromide (Dibromoethane)..........................      106934
Ethylene glycol dimethyl ether..............................      110714
Ethylene glycol monobutyl ether.............................      111762
Ethylene glycol monobutyl ether acetate.....................      112072
Ethylene glycol monoethyl ether acetate.....................      111159
Ethylene glycol monoethyl ether.............................      110805
Ethylene glycol monomethyl ether............................      109864
Ethylene glycol monomethyl ether acetate....................      110496
Ethylene glycol monopropyl ether............................     2807309
Ethylene oxide..............................................       75218
Ethylidene dichloride (1,1-Dichloroethane)..................       75343
Formaldehyde................................................       50000
Hexachlorobenzene...........................................      118741
Hexachlorobutadiene.........................................       87683
Hexachloroethane............................................       67721
Hexane......................................................      110543
Isophorone..................................................       78591
Methanol....................................................       67561
Methyl bromide (Bromomethane)...............................       74839
Methyl chloride (Chloromethane).............................       74873
Methyl hydrazine............................................       60344
Methyl isobutyl ketone (Hexone).............................      108101
Methyl methacrylate.........................................       80626
Methyl tert-butyl ether.....................................     1634044
Methylene chloride (Dichloromethane)........................       75092
Methylenedianiline (4,4'-)..................................      101779
Naphthalene.................................................       91203
Nitrobenzene................................................       98953
Nitropropane (2-)...........................................       79469
Phenol......................................................      108952
Phenylenediamine (p-).......................................      106503
Phosgene....................................................       75445
Propionaldehyde.............................................      123386
Propylene dichloride (1,2-Dichloropropane)..................       78875
Propylene oxide.............................................       75569
Quinone.....................................................      106514
Styrene.....................................................      100425
Tetrachloroethane (1,1,2,2-)................................       79345
Tetrachloroethylene (Perchloroethylene).....................      127184
Toluene.....................................................      108883
Toluidine (o-)..............................................       95534
Trichlorobenzene (1,2,4-)...................................      120821
Trichloroethane (1,1,1-) (Methyl chloroform)................       71556
Trichloroethane (1,1,2-) (Vinyl trichloride)................       79005
Trichloroethylene...........................................       79016
Trichlorophenol (2,4,5-)....................................       95954
Triethylamine...............................................      121448
Trimethylpentane (2,2,4-)...................................      540841
Vinyl acetate...............................................      108054
Vinyl chloride (chloroethylene).............................       75014
Vinylidene chloride (1,1-Dichloroethylene)..................       75354
Xylene (m-).................................................      108383
Xylene (o-).................................................       95476
Xylene (p-).................................................      106423
------------------------------------------------------------------------
\a\ CAS Number=Chemical Abstract Service number.


[62 FR 2740, Jan. 17, 1997, as amended at 71 FR 76614, Dec. 21, 2006]

[[Page 217]]



    Subpart G_National Emission Standards for Organic Hazardous Air 

 Pollutants From the Synthetic Organic Chemical Manufacturing Industry 

 for Process Vents, Storage Vessels, Transfer Operations, and Wastewater

    Source: 59 FR 19468, Apr. 22, 1994, unless otherwise noted.



Sec. 63.110  Applicability.

    (a) This subpart applies to all process vents, storage vessels, 
transfer racks, wastewater streams, and in-process equipment subject to 
Sec. 63.149 within a source subject to subpart F of this part.
    (b) Overlap with other regulations for storage vessels. (1) After 
the compliance dates specified in Sec. 63.100 of subpart F of this 
part, a Group 1 or Group 2 storage vessel that is also subject to the 
provisions of 40 CFR part 60, subpart Kb is required to comply only with 
the provisions of this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 1 storage vessel that is also subject to the 
provisions of 40 CFR part 61, subpart Y is required to comply only with 
the provisions of this subpart.
    (3) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 2 storage vessel that is also subject to the 
provisions of 40 CFR part 61, subpart Y is required to comply only with 
the provisions of 40 CFR part 61, subpart Y. The recordkeeping and 
reporting requirements of 40 CFR part 61, subpart Y will be accepted as 
compliance with the recordkeeping and reporting requirements of this 
subpart.
    (c) Overlap with other regulations for transfer racks. (1) After the 
compliance dates specified in Sec. 63.100 of subpart F of this part, a 
Group 1 transfer rack that is also subject to the provisions of 40 CFR 
part 61, subpart BB is required to comply only with the provisions of 
this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 2 transfer rack that is also subject to the 
provisions of 40 CFR part 61, subpart BB is required to comply with the 
provisions of either paragraph (c)(2)(i) or (c)(2)(ii) of this subpart.
    (i) If the transfer rack is subject to the control requirements 
specified in Sec. 61.302 of 40 CFR part 61, subpart BB, then the 
transfer rack is required to comply with the control requirements of 
Sec. 61.302 of 40 CFR part 61, subpart BB. The owner or operator may 
elect to comply with either the associated testing, monitoring, 
reporting, and recordkeeping requirements of 40 CFR part 61, subpart BB 
or with the testing, monitoring, recordkeeping, and reporting 
requirements specified in this subpart for Group 1 transfer racks. The 
owner or operator shall indicate this decision in either the 
Notification of Compliance Status specified in Sec. 63.152(b) of this 
subpart or in an operating permit application or amendment.
    (ii) If the transfer rack is subject only to reporting and 
recordkeeping requirements under 40 CFR part 61, subpart BB, then the 
transfer rack is required to comply only with the reporting and 
recordkeeping requirements specified in this subpart for Group 2 
transfer racks and is exempt from the reporting and recordkeeping 
requirements in 40 CFR part 61, subpart BB.
    (d) Overlap with other regulations for process vents. (1) After the 
compliance dates specified in Sec. 63.100 of subpart F of this part, a 
Group 1 process vent that is also subject to the provisions of 40 CFR 
part 60, subpart III is required to comply only with the provisions of 
this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of a Group 2 process vent that is 
also subject to the provisions of 40 CFR part 60, subpart III shall 
determine requirements according to paragraphs (d)(2)(i) and (d)(2)(ii) 
of this section.
    (i) If the Group 2 process vent has a TRE value less than 1 as 
determined by the procedures in 40 CFR part 60, subpart III, the process 
vent is required to comply with the provisions in paragraphs 
(d)(2)(i)(A) through (d)(2)(i)(C) of this section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart III for applicability determination and the

[[Page 218]]

associated recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart III for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting; and
    (C) The control requirements in Sec. 60.612 of 40 CFR part 60, 
subpart III. The owner or operator may elect to comply with either the 
associated testing, monitoring, reporting, and recordkeeping 
requirements of 40 CFR part 60, subpart III or with the testing, 
monitoring, reporting, and recordkeeping requirements specified in this 
subpart for Group 1 process vents. The owner or operator shall indicate 
this decision in either the Notification of Compliance Status specified 
in Sec. 63.152(b) of this subpart or in an operating permit application 
or amendment.
    (ii) If the Group 2 process vent has a TRE value greater than or 
equal to 1 as determined by the procedures in 40 CFR part 60, subpart 
III, the process vent is required to comply only with the provisions 
specified in paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(D) of this 
section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart III for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart III for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting;
    (C) If the provisions of both this subpart and 40 CFR part 60, 
subpart III require continuous monitoring of recovery device operating 
parameters, the process vent is required to comply only with the 
provisions that are specified in this subpart for continuous monitoring 
of recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (D) If only the provisions of 40 CFR part 60, subpart III require 
continuous monitoring of recovery device operating parameters, the 
process vent is required to comply only with the provisions that are 
specified in 40 CFR part 60, subpart III for continuous monitoring of 
recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (3) After the compliance dates specified in 63.100 of subpart F of 
this part, if an owner or operator of a process vent subject to this 
subpart that is also subject to the provisions of 40 CFR part 60, 
subpart III elects to control the process vent to the levels required in 
Sec. 63.113 (a)(1) or (a)(2) of this subpart without calculating the 
TRE index value for the vent according to the procedures specified in 
Sec. 63.115(d) of this subpart then the owner or operator shall comply 
with the testing, monitoring, reporting, and recordkeeping provisions of 
this subpart and shall be exempt from the testing, monitoring, 
reporting, and recordkeeping provisions of 40 CFR part 60, subpart III.
    (4) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 1 process vent that is also subject to the 
provisions of 40 CFR part 60, subpart NNN is required to comply only 
with the provisions of this subpart.
    (5) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of a Group 2 process vent that is 
also subject to the provisions of 40 CFR part 60, subpart NNN shall 
determine requirements according to paragraphs (d)(5)(i) and (d)(5)(ii) 
of this section.
    (i) If the Group 2 process vent has a TRE value less than 1 as 
determined by the procedures in 40 CFR part 60, subpart NNN, the process 
vent is required to comply with the provisions in paragraphs 
(d)(5)(i)(A) through (d)(5)(i)(C) of this section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart NNN for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart NNN for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting; and
    (C) The control requirements in Sec. 60.662 of 40 CFR part 60, 
subpart NNN. The owner or operator may elect to comply with either the 
associated testing, monitoring, reporting, and recordkeeping 
requirements of 40 CFR part

[[Page 219]]

60, subpart NNN or with the testing, monitoring, reporting, and 
recordkeeping requirements specified in this subpart for Group 1 process 
vents. The owner or operator shall indicate this decision in either the 
Notification of Compliance Status specified in Sec. 63.152(b) of this 
subpart or in an operating permit application or amendment.
    (ii) If the Group 2 process vent has a TRE value greater than or 
equal to 1 as determined by the procedures in 40 CFR part 60, subpart 
NNN, the process vent is required to comply only with the provisions 
specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(D) of this 
section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart NNN for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart NNN for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting;
    (C) If the provisions of both this subpart and 40 CFR part 60, 
subpart NNN require continuous monitoring of recovery device operating 
parameters, the process vent is required to comply only with the 
provisions that are specified in this subpart for continuous monitoring 
of recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (D) If only the provisions of 40 CFR part 60, subpart NNN require 
continuous monitoring of recovery device operating parameters, the 
process vent is required to comply only with the provisions that are 
specified in 40 CFR part 60, subpart NNN for continuous monitoring of 
recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (6) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, if an owner or operator of a process vent subject to 
this subpart that is also subject to the provisions of 40 CFR part 60, 
subpart NNN elects to control the process vent to the levels required in 
Sec. 63.113(a)(1) or (a)(2) of this subpart without calculating the TRE 
index value for the vent according to the procedures specified in Sec. 
63.115(d) of this subpart then the owner or operator shall comply with 
the testing, monitoring, reporting, and recordkeeping provisions of this 
subpart and shall be exempt from the testing, monitoring, reporting, and 
recordkeeping provisions of 40 CFR part 60, subpart NNN.
    (7) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, a Group 1 process vent that is also subject to the 
provisions of 40 CFR part 60, subpart RRR is required to comply only 
with the provisions of this subpart.
    (8) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of a Group 2 process vent that is 
also subject to the provisions of 40 CFR part 60, subpart RRR shall 
determine requirements according to paragraphs (d)(8)(i) and (d)(8)(ii) 
of this section.
    (i) If the Group 2 process vent has a TRE value less than 1 as 
determined by the procedures in 40 CFR part 60, subpart RRR, the process 
vent is required to comply with the provisions in paragraphs 
(d)(8)(i)(A) through (d)(8)(i)(C) of this section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart RRR for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart RRR for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting; and
    (C) The control requirements in Sec. 60.702 of 40 CFR part 60, 
subpart RRR. The owner or operator may elect to comply with either the 
associated testing, monitoring, reporting, and recordkeeping 
requirements of 40 CFR part 60, subpart RRR or with the testing, 
monitoring, reporting, and recordkeeping requirements specified in this 
subpart for Group 1 process vents. The owner or operator shall indicate 
this decision in either the Notification of Compliance Status specified 
in Sec. 63.152(b) of this subpart or in an operating permit application 
or amendment.
    (ii) If the Group 2 process vent has a TRE value greater than or 
equal to 1 as determined by the procedures in 40

[[Page 220]]

CFR part 60, subpart RRR, the process vent is required to comply only 
with the provisions specified in paragraphs (d)(8)(ii)(A) through 
(d)(8)(ii)(D) of this section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart RRR for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart RRR for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting;
    (C) If the provisions of both this subpart and 40 CFR part 60, 
subpart RRR require continuous monitoring of recovery device operating 
parameters, the process vent is required to comply only with the 
provisions that are specified in this subpart for continuous monitoring 
of recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (D) If only the provisions of 40 CFR part 60, subpart RRR require 
continuous monitoring of recovery device operating parameters, the 
process vent is required to comply only with the provisions that are 
specified in 40 CFR part 60, subpart RRR for continuous monitoring of 
recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (9) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, if an owner or operator of a process vent subject to 
this subpart that is also subject to the provisions of 40 CFR part 60, 
subpart RRR elects to control the process vent to the levels required in 
Sec. 63.113(a)(1) or (a)(2) of this subpart without calculating the TRE 
index value for the vent according to the procedures specified in Sec. 
63.115(d) of this subpart then the owner or operator shall comply with 
the testing, monitoring, reporting, and recordkeeping provisions of this 
subpart and shall be exempt from the testing, monitoring, reporting, and 
recordkeeping provisions of 40 CFR part 60, subpart RRR.
    (10) As an alternative to the requirements of paragraphs (d)(2), 
(d)(3), (d)(5), (d)(6), (d)(8), and/or (d)(9) of this section as 
applicable, if a chemical manufacturing process unit has equipment 
subject to the provisions of this subpart and equipment subject to the 
provisions of 40 CFR part 60, subpart III, NNN, or RRR, the owner or 
operator may elect to apply this subpart to all such equipment in the 
chemical manufacturing process unit. If the owner or operator elects 
this method of compliance, all total organic compounds minus methane and 
ethane, in such equipment shall be considered for purposes of 
applicability and compliance with this subpart, as if they were organic 
hazardous air pollutants. Compliance with the provisions of this 
subpart, in the manner described in this paragraph, shall be deemed to 
constitute compliance with 40 CFR part 60, subpart III, NNN, or RRR, as 
applicable.
    (e) Overlap with other regulations for wastewater. (1) After the 
compliance dates specified in Sec. 63.100 of subpart F of this part, 
the owner or operator of a Group 1 or Group 2 wastewater stream that is 
also subject to the provisions of 40 CFR part 61, subpart FF is required 
to comply with the provisions of both this subpart and 40 CFR part 61, 
subpart FF. Alternatively, the owner or operator may elect to comply 
with the provisions of paragraphs (e)(1)(i) and (e)(1)(ii) of this 
section, which shall constitute compliance with the provisions of 40 CFR 
part 61, subpart FF.
    (i) Comply with the provisions of this subpart; and
    (ii) For any Group 2 wastewater stream or organic stream whose 
benzene emissions are subject to control through the use of one or more 
treatment processes or waste management units under the provisions of 40 
CFR part 61, subpart FF on or after December 31, 1992, comply with the 
requirements of this subpart for Group 1 wastewater streams.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of any Group 1 or Group 2 
wastewater stream that is also subject to provisions in 40 CFR parts 260 
through 272 shall comply with the requirements of either paragraph 
(e)(2)(i) or (e)(2)(ii) of this section.
    (i) For each Group 1 or Group 2 wastewater stream, the owner or 
operator shall comply with the more stringent control requirements 
(e.g., waste

[[Page 221]]

management units, numerical treatment standards, etc.) and the more 
stringent testing, monitoring, recordkeeping, and reporting requirements 
that overlap between the provisions of this subpart and the provisions 
of 40 CFR parts 260 through 272. The owner or operator shall keep a 
record of the information used to determine which requirements were the 
most stringent and shall submit this information if requested by the 
Administrator; or
    (ii) The owner or operator shall submit, no later than four months 
before the applicable compliance date specified in Sec. 63.100 of 
subpart F of this part, a request for a case-by-case determination of 
requirements. The request shall include the information specified in 
paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section.
    (A) Identification of the wastewater streams that are subject to 
this subpart and to provisions in 40 CFR parts 260 through 272, 
determination of the Group 1/Group 2 status of those streams, 
determination of whether or not those streams are listed or exhibit a 
characteristic as specified in 40 CFR part 261, and determination of 
whether the waste management unit is subject to permitting under 40 CFR 
part 270.
    (B) Identification of the specific control requirements (e.g., waste 
management units, numerical treatment standards, etc.) and testing, 
monitoring, recordkeeping, and reporting requirements that overlap 
between the provisions of this subpart and the provisions of 40 CFR 
parts 260 through 272.
    (f) Overlap with the Vinyl Chloride NESHAP. (1) After the compliance 
dates specified in Sec. 63.100 of subpart F of this part, the owner or 
operator of any Group 1 process vent that is also subject to the 
provisions of 40 CFR part 61, subpart F shall comply only with the 
provisions of this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of any Group 2 process vent that 
is also subject to the provisions of 40 CFR part 61, subpart F shall 
comply with the provisions specified in either paragraph (f)(2)(i) or 
(f)(2)(ii) of this subpart.
    (i) If the process vent is already controlled by a combustion device 
meeting the requirements of 40 CFR part 61, subpart F, then the owner or 
operator shall comply with either the associated testing, monitoring, 
reporting, and recordkeeping provisions for Group 1 process vents in 
this subpart or the testing, monitoring, reporting, and recordkeeping 
provisions of 40 CFR part 61, subpart F. The owner or operator shall 
indicate this decision in either the Notification of Compliance Status 
specified in Sec. 63.152(b) of this subpart or in an operating permit 
application or amendment.
    (ii) If the process vent is not already controlled by a combustion 
device, then the owner or operator shall comply with the provisions of 
both this subpart and 40 CFR part 61, subpart F.
    (3) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, if an owner or operator of a process vent subject to 
this subpart that is also subject to the provisions of 40 CFR part 61, 
subpart F elects to control the process vent to the levels required in 
Sec. 63.113(a)(1) or (a)(2) of this subpart without calculating the TRE 
index value for the vent according to the procedures specified in Sec. 
63.115(d) of this subpart then the owner or operator shall comply with 
the testing, monitoring, reporting, and recordkeeping provisions of this 
subpart and shall be exempt from the testing, monitoring, reporting, and 
recordkeeping provisions of 40 CFR part 61, subpart F.
    (4) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of a Group 1 or Group 2 wastewater 
stream that is also subject to the provisions of 40 CFR part 61, subpart 
F shall comply with the provisions of either paragraph (f)(4)(i) or 
(f)(4)(ii) of this section.
    (i) The owner or operator shall comply with the provisions of both 
this subpart and 40 CFR part 61, subpart F or
    (ii) The owner or operator may submit, no later than four months 
before the applicable compliance date specified in Sec. 63.100 of 
subpart F of this part, information demonstrating how compliance with 40 
CFR Part 61, subpart F, will also ensure compliance with this subpart. 
The information shall include a description of the testing, monitoring, 
reporting, and recordkeeping that will be performed.

[[Page 222]]

    (g) Rules stayed for reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of subpart G is stayed from 
October 24, 1994, to April 24, 1995, only as applied to those sources 
for which the owner or operator makes a representation in writing to the 
Administrator that the resolution of the area source definition issues 
could have an effect on the compliance status of the source with respect 
to subpart G.
    (h) Overlap with other regulations for monitoring, recordkeeping, or 
reporting with respect to combustion devices, recovery devices, or 
recapture devices. After the compliance dates specified in Sec. 63.100 
of subpart F of this part, if any combustion device, recovery device, or 
recapture device subject to this subpart is also subject to monitoring, 
recordkeeping, and reporting requirements in 40 CFR part 264, subpart AA 
or CC, or is subject to monitoring and recordkeeping requirements in 40 
CFR part 265, subpart AA or CC and the owner or operator complies with 
the periodic reporting requirements under 40 CFR part 264, subpart AA or 
CC that would apply to the device if the facility had final-permitted 
status, the owner or operator may elect to comply either with the 
monitoring, recordkeeping, and reporting requirements of this subpart, 
or with the monitoring, recordkeeping, and reporting requirements in 40 
CFR parts 264 and/or 265, as described in this paragraph, which shall 
constitute compliance with the monitoring, recordkeeping, and reporting 
requirements of this subpart. The owner or operator shall identify which 
option has been selected in the Notification of Compliance Status 
required by Sec. 63.152(b).
    (i) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators of CMPU that are subject to Sec. 63.100 may 
choose to comply with the provisions of 40 CFR part 65 for all Group 1 
and Group 2 process vents, Group 1 storage vessels, Group 1 transfer 
operations, and equipment that are subject to Sec. 63.100, that are 
part of the CMPU. Other provisions applying to owners or operators who 
choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1. Group 
1 and Group 2 wastewater streams, Group 2 transfer operations, Group 2 
storage vessels, and in-process streams are not eligible to comply with 
40 CFR part 65 and must continue to comply with the requirements of this 
subpart and subpart F of this part.
    (i) For Group 1 and Group 2 process vents, 40 CFR part 65, subpart 
D, satisfies the requirements of Sec. Sec. 63.102, 63.103, 63.112 
through 63.118, 63.148, 63.151, and 63.152.
    (ii) For Group 1 storage vessels, 40 CFR part 65, subpart C, 
satisfies the requirements of Sec. Sec. 63.102, 63.103, 63.112, 63.119 
through 63.123, 63.148, 63.151, and 63.152.
    (iii) For Group 1 transfer racks, 40 CFR part 65, subpart E, 
satisfies the requirements of Sec. Sec. 63.102, 63.103, 63.112, 63.126 
through 63.130, 63.148, 63.151, and 63.152.
    (iv) For equipment, comply with Sec. 65.160(g).
    (2) Part 63, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65 must also comply with the applicable general 
provisions of this part 63 listed in table 1A of this subpart. All 
sections and paragraphs of subpart A of this part that are not mentioned 
in table 1A of this subpart do not apply to owners or operators who 
choose to comply with 40 CFR part 65, except that provisions required to 
be met prior to implementing 40 CFR part 65 still apply. Owners and 
operators who choose to comply with a subpart of 40 CFR part 65 must 
comply with 40 CFR part 65, subpart A.

[59 FR 19468, Apr. 22, 1994, as amended at 59 FR 53360, Oct. 24, 1994; 
60 FR 5321, Jan. 27, 1995; 61 FR 64575, Dec. 5, 1996; 62 FR 2742, Jan. 
17, 1997; 65 FR 78284, Dec. 14, 2000; 66 FR 6929, Jan. 22, 2001]



Sec. 63.111  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act, in subpart F of this part, and in this section, as follows.
    Air oxidation reactor means a device or vessel in which air, or a 
combination of air and oxygen, is used as an oxygen source in 
combination with one or more organic reactants to produce one or more 
organic compounds. Air oxidation reactor includes the product separator 
and any associated vacuum pump or steam jet.

[[Page 223]]

    Annual average concentration, as used in the wastewater provisions, 
means the flow-weighted annual average concentration, as determined 
according to the procedures specified in Sec. 63.144(b) of this 
subpart.
    Annual average flow rate, as used in the wastewater provisions, 
means the annual average flow rate, as determined according to the 
procedures specified in Sec. 63.144(c).
    Automated monitoring and recording system means any means of 
measuring values of monitored parameters and creating a hard copy or 
computer record of the measured values that does not require manual 
reading of monitoring instruments and manual transcription of data 
values. Automated monitoring and recording systems include, but are not 
limited to, computerized systems and strip charts.
    Batch operation means a noncontinuous operation in which a discrete 
quantity or batch of feed is charged into a unit operation within a 
chemical manufacturing process unit and distilled or reacted at one 
time. Batch operation includes noncontinuous operations in which the 
equipment is fed intermittently or discontinuously. Addition of raw 
material and withdrawal of product do not occur simultaneously in a 
batch operation. After each batch operation, the equipment is generally 
emptied before a fresh batch is started.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator. Boiler also means 
any industrial furnace as defined in 40 CFR 260.10.
    By compound means by individual stream components, not carbon 
equivalents.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Chemical manufacturing process unit means the equipment assembled 
and connected by pipes or ducts to process raw materials and to 
manufacture an intended product. A chemical manufacturing process unit 
consists of more than one unit operation. For the purpose of this 
subpart, chemical manufacturing process unit includes air oxidation 
reactors and their associated product separators and recovery devices; 
reactors and their associated product separators and recovery devices; 
distillation units and their associated distillate receivers and 
recovery devices; associated unit operations; associated recovery 
devices; and any feed, intermediate and product storage vessels, product 
transfer racks, and connected ducts and piping. A chemical manufacturing 
process unit includes pumps, compressors, agitators, pressure relief 
devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, instrumentation systems, and control devices or 
systems. A chemical manufacturing process unit is identified by its 
primary product.
    Closed biological treatment process means a tank or surface 
impoundment where biological treatment occurs and air emissions from the 
treatment process are routed to either a control device by means of a 
closed vent system or to a fuel gas system by means of hard-piping. The 
tank or surface impoundment has a fixed roof, as defined in Sec. 63.111 
of this subpart, or a floating flexible membrane cover that meets the 
requirements specified in Sec. 63.134 of this subpart.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic hazardous air pollutant emissions.
    Container, as used in the wastewater provisions, means any portable 
waste management unit that has a capacity greater than or equal to 0.1 
m\3\ in which a material is stored, transported, treated, or otherwise 
handled. Examples of containers are drums, barrels, tank trucks, barges, 
dumpsters, tank cars, dump trucks, and ships.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured

[[Page 224]]

at least once every 15 minutes and recorded at the frequency specified 
in Sec. 63.152(f) or Sec. 63.152(g) of this subpart.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 15-minute or more frequent block average values.
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the wall of the storage vessel and 
the edge of the floating roof. A continuous seal may be a vapor-mounted, 
liquid-mounted, or metallic shoe seal. A continuous seal may be 
constructed of fastened segments so as to form a continuous seal.
    Continuous vapor processing system means a vapor processing system 
that treats total organic compound vapors collected from tank trucks or 
railcars on a demand basis without intermediate accumulation in a vapor 
holder.
    Control device means any combustion device, recovery device, or 
recapture device. Such equipment includes, but is not limited to, 
absorbers, carbon adsorbers, condensers, incinerators, flares, boilers, 
and process heaters. For process vents, recapture devices are considered 
control devices but recovery devices are not considered control devices, 
and for a steam stripper, a primary condenser is not considered a 
control device.
    Cover, as used in the wastewater provisions, means a device or 
system which is placed on or over a waste management unit containing 
wastewater or residuals so that the entire surface area is enclosed to 
minimize air emissions. A cover may have openings necessary for 
operation, inspection, and maintenance of the waste management unit such 
as access hatches, sampling ports, and gauge wells provided that each 
opening is closed when not in use. Examples of covers include a fixed 
roof installed on a wastewater tank, a lid installed on a container, and 
an air-supported enclosure installed over a waste management unit.
    Distillate receiver means overhead receivers, overhead accumulators, 
reflux drums, and condenser(s) including ejector-condenser(s) associated 
with a distillation unit.
    Distillation unit means a device or vessel in which one or more feed 
streams are separated into two or more exit streams, each exit stream 
having component concentrations different from those in the feed 
stream(s). The separation is achieved by the redistribution of the 
components between the liquid and the vapor phases by vaporization and 
condensation as they approach equilibrium within the distillation unit. 
Distillation unit includes the distillate receiver, reboiler, and any 
associated vacuum pump or steam jet.
    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Enhanced biological treatment system or enhanced biological 
treatment process means an aerated, thoroughly mixed treatment unit(s) 
that contains biomass suspended in water followed by a clarifier that 
removes biomass from the treated water and recycles recovered biomass to 
the aeration unit. The mixed liquor volatile suspended solids (biomass) 
is greater than 1 kilogram per cubic meter throughout each aeration 
unit. The biomass is suspended and aerated in the water of the aeration 
unit(s) by either submerged air flow or mechanical agitation. A 
thoroughly mixed treatment unit is a unit that is designed and operated 
to approach or achieve uniform biomass distribution and organic compound 
concentration throughout the aeration unit by quickly dispersing the 
recycled biomass and the wastewater entering the unit.
    External floating roof means a pontoon-type or double-deck-type 
cover that rests on the liquid surface in a storage vessel or waste 
management unit with no fixed roof.
    Fill or filling means the introduction of organic hazardous air 
pollutant into a storage vessel or the introduction of a wastewater 
stream or residual into a waste management unit, but not necessarily to 
complete capacity.
    First attempt at repair means to take action for the purpose of 
stopping or

[[Page 225]]

reducing leakage of organic material to the atmosphere.
    Fixed roof means a cover that is mounted on a waste management unit 
or storage vessel in a stationary manner and that does not move with 
fluctuations in liquid level.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, internal floating cover or covered floating roof, which 
rests upon and is supported by the liquid being contained, and is 
equipped with a closure seal or seals to close the space between the 
roof edge and waste management unit or storage vessel wall.
    Flow indicator means a device which indicates whether gas flow is, 
or whether the valve position would allow gas flow to be, present in a 
line.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and control 
system that gathers gaseous stream(s) generated by onsite operations, 
may blend them with other sources of gas, and transports the gaseous 
stream for use as fuel gas in combustion devices, or in-process 
combustion equipment such as furnaces and gas turbines, either singly or 
in combination.
    Group 1 process vent means a process vent for which the vent stream 
flow rate is greater than or equal to 0.005 standard cubic meter per 
minute, the total organic HAP concentration is greater than or equal to 
50 parts per million by volume, and the total resource effectiveness 
index value, calculated according to Sec. 63.115, is less than or equal 
to 1.0.
    Group 2 process vent means a process vent for which the vent stream 
flow rate is less than 0.005 standard cubic meter per minute, the total 
organic HAP concentration is less than 50 parts per million by volume or 
the total resource effectiveness index value, calculated according to 
Sec. 63.115, is greater than 1.0.
    Group 1 storage vessel means a storage vessel that meets the 
criteria for design storage capacity and stored-liquid maximum true 
vapor pressure specified in table 5 of this subpart for storage vessels 
at existing sources, and in table 6 of this subpart for storage vessels 
at new sources.
    Group 2 storage vessel means a storage vessel that does not meet the 
definition of a Group 1 storage vessel.
    Group 1 transfer rack means a transfer rack that annually loads 
greater than or equal to 0.65 million liter of liquid products that 
contain organic hazardous air pollutants with a rack weighted average 
vapor pressure greater than or equal to 10.3 kilopascals.
    Group 2 transfer rack means a transfer rack that does not meet the 
definition of Group 1 transfer rack.
    Group 1 wastewater stream means a wastewater stream consisting of 
process wastewater as defined in Sec. 63.101 of subpart F at an 
existing or new source that meets the criteria for Group 1 status in 
Sec. 63.132(c) of this subpart for Table 9 compounds and/or a 
wastewater stream consisting of process wastewater at a new source that 
meets the criteria for Group 1 status in Sec. 63.132(d) of this subpart 
for Table 8 compounds.
    Group 2 wastewater stream means any process wastewater stream that 
does not meet the definition of a Group 1 wastewater stream.
    Halogenated vent stream or halogenated stream means a vent stream 
from a process vent or transfer operation determined to have a mass 
emission rate of halogen atoms contained in organic compounds of 0.45 
kilograms per hour or greater determined by the procedures presented in 
Sec. 63.115(d)(2)(v) of this subpart.
    Halogens and hydrogen halides means hydrogen chloride (HCl), 
chlorine (Cl2), hydrogen bromide (HBr), bromine 
(Br2), and hydrogen fluoride (HF).
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgment and standards such as American 
National Standards Institute (ANSI) B31-3.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion

[[Page 226]]

section; rather, the energy recovery section is a separate section 
following the combustion section and the two are joined by ducts or 
connections carrying flue gas. The above energy recovery section 
limitation does not apply to an energy recovery section used solely to 
preheat the incoming vent stream or combustion air.
    Individual drain system means the stationary system used to convey 
wastewater streams or residuals to a waste management unit or to 
discharge or disposal. The term includes hard-piping, all process drains 
and junction boxes, together with their associated sewer lines and other 
junction boxes, manholes, sumps, and lift stations, conveying wastewater 
streams or residuals. A segregated stormwater sewer system, which is a 
drain and collection system designed and operated for the sole purpose 
of collecting rainfall runoff at a facility, and which is segregated 
from all other individual drain systems, is excluded from this 
definition.
    Intermittent vapor processing system means a vapor processing system 
that employs an intermediate vapor holder to accumulate total organic 
compound vapors collected from tank trucks or railcars, and treats the 
accumulated vapors only during automatically controlled cycles.
    Internal floating roof means a cover that rests or floats on the 
liquid surface (but not necessarily in complete contact with it) inside 
a storage vessel or waste management unit that has a permanently affixed 
roof.
    Junction box means a manhole or access point to a wastewater sewer 
line or a lift station.
    Liquid-mounted seal means a foam- or liquid-filled seal mounted in 
contact with the liquid between the wall of the storage vessel or waste 
management unit and the floating roof. The seal is mounted continuously 
around the circumference of the vessel or unit.
    Loading cycle means the time period from the beginning of filling a 
tank truck or railcar until flow to the control device ceases, as 
measured by the flow indicator.
    Loading rack means a single system used to fill tank trucks and 
railcars at a single geographic site. Loading equipment and operations 
that are physically separate (i.e., do not share common piping, valves, 
and other equipment) are considered to be separate loading racks.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total organic HAP's in the stored or transferred liquid 
at the temperature equal to the highest calendar-month average of the 
liquid storage or transfer temperature for liquids stored or transferred 
above or below the ambient temperature or at the local maximum monthly 
average temperature as reported by the National Weather Service for 
liquids stored or transferred at the ambient temperature, as determined:
    (1) In accordance with methods described in American Petroleum 
Institute Publication 2517, Evaporative Loss From External Floating-Roof 
Tanks (incorporated by reference as specified in Sec. 63.14 of subpart 
A of this part); or
    (2) As obtained from standard reference texts; or
    (3) As determined by the American Society for Testing and Materials 
Method D2879-83 or 96 (incorporated by reference as specified in Sec. 
63.14 of subpart A of this part); or
    (4) Any other method approved by the Administrator.
    Metallic shoe seal or mechanical shoe seal means metal sheets that 
are held vertically against the wall of the storage vessel by springs, 
weighted levers, or other mechanisms and connected to the floating roof 
by braces or other means. A flexible coated fabric (envelope) spans the 
annular space between the metal sheet and the floating roof.
    Non-automated monitoring and recording system means manual reading 
of values measured by monitoring instruments and manual transcription of 
those values to create a record. Non-automated systems do not include 
strip charts.
    Oil-water separator or organic-water separator means a waste 
management unit, generally a tank used to separate oil or organics from 
water. An oil-water or organic-water separator consists of not only the 
separation unit but also the forebay and other separator basins, 
skimmers, weirs, grit chambers, sludge hoppers, and bar

[[Page 227]]

screens that are located directly after the individual drain system and 
prior to additional treatment units such as an air flotation unit, 
clarifier, or biological treatment unit. Examples of an oil-water or 
organic-water separator include, but are not limited to, an American 
Petroleum Institute separator, parallel-plate interceptor, and 
corrugated-plate interceptor with the associated ancillary equipment.
    Open biological treatment process means a biological treatment 
process that is not a closed biological treatment process as defined in 
this section.
    Operating permit means a permit required by 40 CFR part 70 or part 
71.
    Organic hazardous air pollutant or organic HAP means any of the 
chemicals listed in table 2 of subpart F of this part.
    Organic monitoring device means a unit of equipment used to indicate 
the concentration level of organic compounds exiting a recovery device 
based on a detection principle such as infra-red, photoionization, or 
thermal conductivity.
    Point of determination means each point where process wastewater 
exits the chemical manufacturing process unit.
    Note to definition for point of determination: The regulation allows 
determination of the characteristics of a wastewater stream (1) at the 
point of determination or (2) downstream of the point of determination 
if corrections are made for changes in flow rate and annual average 
concentration of Table 8 or Table 9 compounds as determined in Sec. 
63.144 of this subpart. Such changes include losses by air emissions; 
reduction of annual average concentration or changes in flow rate by 
mixing with other water or wastewater streams; and reduction in flow 
rate or annual average concentration by treating or otherwise handling 
the wastewater stream to remove or destroy hazardous air pollutants.
    Point of transfer means:
    (1) If the transfer is to an off-site location for control, the 
point where the conveyance crosses the property line; or
    (2) If the transfer is to an on-site location not owned or operated 
by the owner or operator of the source, the point where the conveyance 
enters the operation or equipment of the transferee.
    Primary fuel means the fuel that provides the principal heat input 
to the device. To be considered primary, the fuel must be able to 
sustain operation without the addition of other fuels.
    Process heater means a device that transfers heat liberated by 
burning fuel directly to process streams or to heat transfer liquids 
other than water.
    Process unit has the same meaning as chemical manufacturing process 
unit as defined in this section.
    Process wastewater stream means a stream that contains process 
wastewater as defined in Sec. 63.101 of subpart F of this part.
    Product separator means phase separators, flash drums, knock-out 
drums, decanters, degassers, and condenser(s) including ejector-
condenser(s) associated with a reactor or an air oxidation reactor.
    Product tank, as used in the wastewater provisions, means a 
stationary unit that is designed to contain an accumulation of materials 
that are fed to or produced by a process unit, and is constructed 
primarily of non-earthen materials (e.g., wood, concrete, steel, 
plastic) which provide structural support. This term has the same 
meaning as a product storage vessel.
    Product tank drawdown means any material or mixture of materials 
discharged from a product tank for the purpose of removing water or 
other contaminants from the product tank.
    Rack-weighted average partial pressure means the throughput weighted 
average of the average maximum true vapor pressure of liquids containing 
organic HAP transferred at a transfer rack. The rack-weighted average 
partial pressure shall be calculated using the equation below:

Where:

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

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

[[Page 228]]

i = Each liquid that contains HAP that is transferred at the rack.

    Reactor means a device or vessel in which one or more chemicals or 
reactants, other than air, are combined or decomposed in such a way that 
their molecular structures are altered and one or more new organic 
compounds are formed. Reactor includes the product separator and any 
associated vacuum pump or steam jet.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. For example, a recapture device may recover 
chemicals primarily for disposal. Recapture devices include, but are not 
limited to, absorbers, carbon adsorbers, and condensers.
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals for fuel value 
(i.e., net positive heating value), use, reuse or for sale for fuel 
value, use, or reuse. Examples of equipment that may be recovery devices 
include absorbers, carbon adsorbers, condensers, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin-film evaporation units. For purposes of the 
monitoring, recordkeeping, and reporting requirements of this subpart, 
recapture devices are considered recovery devices.
    Relief valve means a valve used only to release an unplanned, 
nonroutine discharge. A relief valve discharge can result from an 
operator error, a malfunction such as a power failure or equipment 
failure, or other unexpected cause that requires immediate venting of 
gas from process equipment in order to avoid safety hazards or equipment 
damage.
    Reference control technology for process vents means a combustion 
device or recapture device used to reduce organic hazardous air 
pollutant emissions by 98 percent, or to an outlet concentration of 20 
parts per million by volume.
    Reference control technology for storage vessels means an internal 
floating roof meeting the specifications of Sec. 63.119(b) of this 
subpart, an external floating roof meeting the specifications of Sec. 
63.119(c) of this subpart, an external floating roof converted to an 
internal floating roof meeting the specifications of Sec. 63.119(d) of 
this subpart, or a closed-vent system to a control device achieving 95-
percent reduction in organic HAP emissions. For purposes of emissions 
averaging, these four technologies are considered equivalent.
    Reference control technology for transfer racks means a combustion 
device, recapture device, or recovery device used to reduce organic 
hazardous air pollutants emissions by 98 percent, or to an outlet 
concentration of 20 parts per million by volume; or a vapor balancing 
system.
    Reference control technology for wastewater means the use of:
    (1) Controls specified in Sec. 63.133 through Sec. 63.137;
    (2) A steam stripper meeting the specifications of Sec. 63.138(d) 
of this subpart or any of the other alternative control measures 
specified in Sec. 63.138(b), (c), (e), (f), (g), or (h) of this 
subpart; and
    (3) A control device to reduce by 95 percent (or to an outlet 
concentration of 20 parts per million by volume for combustion devices 
or for noncombustion devices controlling air emissions from waste 
management units other than surface impoundments or containers) the 
organic hazardous air pollutants emissions in the vapor streams vented 
from wastewater tanks, oil-water separators, containers, surface 
impoundments, individual drain systems, and treatment processes 
(including the design steam stripper) managing wastewater.
    Residual means any liquid or solid material containing Table 9 
compounds that is removed from a wastewater stream by a waste management 
unit or treatment process that does not destroy organics (nondestructive 
unit). Examples of residuals from nondestructive wastewater management 
units are: the organic layer and bottom residue removed by a decanter or 
organic-water separator and the overheads from a steam stripper or air 
stripper. Examples of materials which are not residuals are: silt; mud; 
leaves; bottoms from a steam stripper or air stripper; and sludges, ash, 
or other materials removed from wastewater being treated by destructive 
devices such as

[[Page 229]]

biological treatment units and incinerators.
    Secondary fuel means a fuel fired through a burner other than the 
primary fuel burner that provides supplementary heat in addition to the 
heat provided by the primary fuel.
    Sewer line means a lateral, trunk line, branch line, or other 
conduit including, but not limited to, grates, trenches, etc., used to 
convey wastewater streams or residuals to a downstream waste management 
unit.
    Simultaneous loading means, for a shared control device, loading of 
organic HAP materials from more than one transfer arm at the same time 
such that the beginning and ending times of loading cycles coincide or 
overlap and there is no interruption in vapor flow to the shared control 
device.
    Single-seal system means a floating roof having one continuous seal 
that completely covers the space between the wall of the storage vessel 
and the edge of the floating roof. This seal may be a vapor-mounted, 
liquid-mounted, or metallic shoe seal.
    Specific gravity monitoring device means a unit of equipment used to 
monitor specific gravity and having a minimum accuracy of 0.02 specific gravity units.
    Steam jet ejector means a steam nozzle which discharges a high-
velocity jet across a suction chamber that is connected to the equipment 
to be evacuated.
    Surface impoundment means a waste management unit which is a natural 
topographic depression, manmade excavation, or diked area formed 
primarily of earthen materials (although it may be lined with manmade 
materials), which is designed to hold an accumulation of liquid wastes 
or waste containing free liquids. A surface impoundment is used for the 
purpose of treating, storing, or disposing of wastewater or residuals, 
and is not an injection well. Examples of surface impoundments are 
equalization, settling, and aeration pits, ponds, and lagoons.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a chemical 
manufacturing process unit when in-process storage, mixing, or 
management of flow rates or volumes is needed to assist in production of 
a product.
    Table 8 compound means a compound listed in table 8 of this subpart.
    Table 9 compound means a compound listed in table 9 of this subpart.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having a minimum accuracy of (a) 1 percent of the temperature being monitored expressed 
in degrees Celsius (( [deg]deg;C) or (b) 0.5 
degrees (( [deg]deg;C), whichever is greater.
    The 33/50 program means a voluntary pollution prevention initiative 
established and administered by the EPA to encourage emissions 
reductions of 17 chemicals emitted in large volumes by industrial 
facilities. The EPA Document Number 741-K-92-001 provides more 
information about the 33/50 program.
    Total organic compounds or TOC, as used in the process vents 
provisions, means those compounds measured according to the procedures 
of Method 18 of 40 CFR part 60, appendix A.
    Total resource effectiveness index value or TRE index value means a 
measure of the supplemental total resource requirement per unit 
reduction of organic HAP associated with a process vent stream, based on 
vent stream flow rate, emission rate of organic HAP, net heating value, 
and corrosion properties (whether or not the vent stream contains 
halogenated compounds), as quantified by the equations given under Sec. 
63.115 of this subpart.
    Treatment process means a specific technique that removes or 
destroys the organics in a wastewater or residual stream such as a steam 
stripping unit, thin-film evaporation unit, waste incinerator, 
biological treatment unit, or any other process applied to wastewater 
streams or residuals to comply with Sec. 63.138 of this subpart. Most 
treatment processes are conducted in tanks. Treatment processes are a 
subset of waste management units.
    Vapor collection system, as used in the transfer provisions, means 
the equipment used to collect and transport organic HAP vapors displaced 
during the loading of tank trucks or railcars. This does not include the 
vapor collection system that is part of any tank truck

[[Page 230]]

or railcar vapor collection manifold system.
    Vapor-mounted seal means a continuous seal that completely covers 
the annular space between the wall of the storage vessel or waste 
management unit and the edge of the floating roof and is mounted such 
that there is a vapor space between the stored liquid and the bottom of 
the seal.
    Vent stream, as used in the process vent provisions, means the gas 
stream flowing through the process vent.
    Waste management unit means the equipment, structure(s), and/or 
device(s) used to convey, store, treat, or dispose of wastewater streams 
or residuals. Examples of waste management units include: Wastewater 
tanks, surface impoundments, individual drain systems, and biological 
wastewater treatment units. Examples of equipment that may be waste 
management units include containers, air flotation units, oil-water 
separators or organic-water separators, or organic removal devices such 
as decanters, strippers, or thin-film evaporation units. If such 
equipment is used for recovery, then it is part of a chemical 
manufacturing process unit and is not a waste management unit.
    Wastewater stream means a stream that contains only wastewater as 
defined in Sec. 63.101 of subpart F of this part.
    Wastewater tank means a stationary waste management unit that is 
designed to contain an accumulation of wastewater or residuals and is 
constructed primarily of non-earthen materials (e.g., wood, concrete, 
steel, plastic) which provide structural support. Wastewater tanks used 
for flow equalization are included in this definition.
    Water seal controls means a seal pot, p-leg trap, or other type of 
trap filled with water (e.g, flooded sewers that maintain water levels 
adequate to prevent air flow through the system) that creates a water 
barrier between the sewer line and the atmosphere. The water level of 
the seal must be maintained in the vertical leg of a drain in order to 
be considered a water seal.

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 18024, 18029, Apr. 10, 
1995; 60 FR 63626, Dec. 12, 1995; 62 FR 2742, Jan. 17, 1997; 63 FR 
67792, Dec. 9, 1998; 65 FR 62215, Oct. 17, 2000; 66 FR 6929, Jan. 22, 
2001]



Sec. 63.112  Emission standard.

    (a) The owner or operator of an existing source subject to the 
requirements of this subpart shall control emissions of organic HAP's to 
the level represented by the following equation:

EA = 0.02[Sigma] EPV1 + [Sigma] EPV2 + 
0.05[Sigma] ES1 + [Sigma] ES2 + 0.02[Sigma] 
ETR1 + [Sigma] ETR2 + [Sigma] EWW1C + 
[Sigma] EWW2

where:

EA = Emission rate, megagrams per year, allowed for the 
          source.
0.02[Sigma] EPV1 = Sum of the residual emissions, megagrams 
          per year, from all Group 1 process vents, as defined in Sec. 
          63.111 of this subpart.
[Sigma] EPV2 = Sum of the emissions, megagrams per year, from 
          all Group 2 process vents as defined in Sec. 63.111 of this 
          subpart.
0.05[Sigma] ES1 = Sum of the residual emissions, megagrams 
          per year, from all Group 1 storage vessels, as defined in 
          Sec. 63.111 of this subpart.
[Sigma] ES2 = Sum of the emissions, megagrams per year, from 
          all Group 2 storage vessels, as defined in Sec. 63.111 of 
          this subpart.
0.02[Sigma] ETR1 = Sum of the residual emissions, megagrams 
          per year, from all Group 1 transfer racks, as defined in Sec. 
          63.111 of this subpart.
[Sigma] ETR2 = Sum of the emissions, megagrams per year, from 
          all Group 2 transfer racks, as defined in Sec. 63.111 of this 
          subpart.
[Sigma] EWW1C = Sum of the residual emissions from all Group 
          1 wastewater streams, as defined in Sec. 63.111 of this 
          subpart. This term is calculated for each Group 1 stream 
          according to the equation for EWW1C in Sec. 
          63.150(g)(5)(i) of this subpart.
[Sigma] EWW2 = Sum of emissions from all Group 2 wastewater 
          streams, as defined in Sec. 63.111 of this subpart.


The emissions level represented by this equation is dependent on the 
collection of emission points in the source. The level is not fixed and 
can change as the emissions from each emission point change or as the 
number of emission points in the source changes.
    (b) The owner or operator of a new source subject to the 
requirements of this subpart shall control emissions of

[[Page 231]]

organic HAP's to the level represented by the equation in paragraph (a) 
of this section.
    (c) The owner or operator of an existing source shall demonstrate 
compliance with the emission standard in paragraph (a) of this section 
by following the procedures specified in paragraph (e) of this section 
for all emission points, or by following the emissions averaging 
compliance approach specified in paragraph (f) of this section for some 
emission points and the procedures specified in paragraph (e) of this 
section for all other emission points within the source.
    (d) The owner or operator of a new source shall demonstrate 
compliance with the emission standard in paragraph (b) of this section 
only by following the procedures in paragraph (e) of this section. The 
owner or operator of a new source may not use the emissions averaging 
compliance approach.
    (e) The owner or operator of an existing or new source may comply 
with the process vent provisions in Sec. Sec. 63.113 through 63.118 of 
this subpart, the storage vessel provisions in Sec. Sec. 63.119 through 
63.123 of this subpart, the transfer operation provisions in Sec. Sec. 
63.126 through 63.130 of this subpart, the wastewater provisions in 
Sec. Sec. 63.131 through 63.147 of this subpart, the leak inspection 
provisions in Sec. 63.148, and the provisions in Sec. 63.149 of this 
subpart.
    (1) The owner or operator using this compliance approach shall also 
comply with the requirements of Sec. 63.151 and Sec. 63.152 of this 
subpart, as applicable.
    (2) The owner or operator using this compliance approach is not 
required to calculate the annual emission rate specified in paragraph 
(a) of this section.
    (3) When emissions of different kinds (e.g., emissions from process 
vents, transfer operations, storage vessels, process wastewater, and/or 
in-process equipment subject to Sec. 63.149 of this subpart) are 
combined, and at least one of the emission streams would be classified 
as Group 1 in the absence of combination with other emission streams, 
the owner or operator shall comply with the requirements of either 
paragraph (e)(3)(i) or paragraph (e)(3)(ii) of this section.
    (i) Comply with the applicable requirements of this subpart for each 
kind of emissions in the stream (e.g., the requirements in Sec. Sec. 
63.113 through 63.118 of this subpart G for process vents, and the 
requirements of Sec. Sec. 63.126 through 63.130 for transfer 
operations); or
    (ii) Comply with the first set of requirements identified in 
paragraphs (e)(3)(ii)(A) through (e)(3)(ii)(E) of this section which 
applies to any individual emission stream that is included in the 
combined stream, where either that emission stream would be classified 
as Group 1 in the absence of combination with other emission streams, or 
the owner chooses to consider that emission stream to be Group 1 for 
purposes of this paragraph. Compliance with the first applicable set of 
requirements identified in paragraphs (e)(3)(ii)(A) through 
(e)(3)(ii)(E) of this section constitutes compliance with all other 
requirements in paragraphs (e)(3)(ii)(A) through (e)(3)(ii)(E) of this 
section applicable to other types of emissions in the combined stream.
    (A) The requirements of this subpart for Group 1 process vents, 
including applicable monitoring, recordkeeping, and reporting;
    (B) The requirements of this subpart for Group 1 transfer racks, 
including applicable monitoring, recordkeeping, and reporting;
    (C) The requirements of Sec. 63.119(e) for control of emissions 
from Group 1 storage vessels, including monitoring, recordkeeping, and 
reporting;
    (D) The requirements of Sec. 63.139 for control devices used to 
control emissions from waste management units, including applicable 
monitoring, recordkeeping, and reporting; or
    (E) The requirements of Sec. 63.139 for closed vent systems for 
control of emissions from in-process equipment subject to Sec. 63.149, 
including applicable monitoring, recordkeeping, and reporting.
    (f) The owner or operator of an existing source may elect to control 
some of the emission points within the source to different levels than 
specified under Sec. Sec. 63.113 through 63.148 of this subpart by 
using an emissions averaging compliance approach as long as the overall 
emissions for the source do not exceed

[[Page 232]]

the emission level specified in paragraph (a) of this section. The owner 
or operator using emissions averaging must meet the requirements in 
paragraphs (f)(1) and (f)(2) of this section.
    (1) Calculate emission debits and credits for those emission points 
involved in the emissions average as specified in Sec. 63.150 of this 
subpart; and
    (2) Comply with the requirements of Sec. 63.151 and Sec. 63.152 of 
this subpart, as applicable.
    (g) A State may restrict the owner or operator of an existing source 
to using only the procedures in paragraph (e) of this section to comply 
with the emission standard in paragraph (a) of this section.
    (h) Where the provisions of this subpart require a performance test, 
waiver of that requirement shall be addressed only as provided in Sec. 
63.103(b)(5) of subpart F of this part.

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



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

    (a) The owner or operator of a Group 1 process vent as defined in 
this subpart shall comply with the requirements of paragraph (a)(1), 
(2), or (3) of this section. The owner or operator who transfers a gas 
stream that has the characteristics specified in Sec. 63.107 (b) 
through (h) or meets the criteria specified in Sec. 63.107(i) to an 
off-site location or an on-site location not owned or operated by the 
owner or operator of the source for disposal shall comply with the 
requirements of paragraph (i) of this section.
    (1) Reduce emissions of organic HAP using a flare.
    (i) The flare shall comply with the requirements of Sec. 63.11(b) 
of subpart A of this part.
    (ii) Halogenated vent streams, as defined in Sec. 63.111 of this 
subpart, shall not be vented to a flare.
    (2) Reduce emissions of total organic hazardous air pollutants by 98 
weight-percent or to a concentration of 20 parts per million by volume, 
whichever is less stringent. For combustion devices, the emission 
reduction or concentration shall be calculated on a dry basis, corrected 
to 3-percent oxygen, and compliance can be determined by measuring 
either organic hazardous air pollutants or total organic carbon using 
the procedures in Sec. 63.116 of this subpart.
    (i) Compliance with paragraph (a)(2) of this section may be achieved 
by using any combination of combustion, recovery, and/or recapture 
devices, except that a recovery device may not be used to comply with 
paragraph (a)(2) of this section by reducing emissions of total organic 
hazardous air pollutants by 98 weight-percent, except as provided in 
paragraph (a)(2)(ii) of this section.
    (ii) An owner or operator may use a recovery device, alone or in 
combination with one or more combustion or recapture devices, to reduce 
emissions of total organic hazardous air pollutants by 98 weight-percent 
if all the conditions of paragraphs (a)(2)(ii)(A) through (a)(2)(ii)(D) 
of this section are met.
    (A) The recovery device (and any combustion device or recapture 
device which operates in combination with the recovery device to reduce 
emissions of total organic hazardous air pollutants by 98 weight-
percent) was installed before the date of proposal of the subpart of 
this part 63 that makes this subpart G applicable to process vents in 
the chemical manufacturing process unit.
    (B) The recovery device that will be used to reduce emissions of 
total organic hazardous air pollutants by 98 weight-percent is the last 
recovery device before emission to the atmosphere.
    (C) The recovery device, alone or in combination with one or more 
combustion or recapture devices, is capable of reducing emissions of 
total organic hazardous air pollutants by 98 weight-percent, but is not 
capable of reliably reducing emissions of total organic hazardous air 
pollutants to a concentration of 20 parts per million by volume.
    (D) If the owner or operator disposed of the recovered material, the 
recovery device would comply with the requirements of this subpart for 
recapture devices.
    (3) Achieve and maintain a TRE index value greater than 1.0 at the 
outlet of the final recovery device, or prior

[[Page 233]]

to release of the vent stream to the atmosphere if no recovery device is 
present. If the TRE index value is greater than 1.0, the process vent 
shall comply with the provisions for a Group 2 process vent specified in 
either paragraph (d) or (e) of this section, whichever is applicable.
    (b) If a boiler or process heater is used to comply with the percent 
reduction requirement or concentration limit specified in paragraph 
(a)(2) of this section, then the vent stream shall be introduced into 
the flame zone of such a device.
    (c) Halogenated vent streams from Group 1 process vents that are 
combusted shall be controlled according to paragraph (c)(1) or (2) of 
this section.
    (1) If a combustion device is used to comply with paragraph (a)(2) 
of this section for a halogenated vent stream, then the gas stream 
exiting the combustion device shall be conveyed to a halogen reduction 
device, such as a scrubber, before it is discharged to the atmosphere.
    (i) Except as provided in paragraph (c)(1)(ii) of this section, the 
halogen reduction device shall reduce overall emissions of hydrogen 
halides and halogens, as defined in Sec. 63.111 of this subpart, by 99 
percent or shall reduce the outlet mass of total hydrogen halides and 
halogens to less than 0.45 kilogram per hour, whichever is less 
stringent.
    (ii) If a scrubber or other halogen reduction device was installed 
prior to December 31, 1992, the device shall reduce overall emissions of 
hydrogen halides and halogens, as defined in Sec. 63.111 of this 
subpart, by 95 percent or shall reduce the outlet mass of total hydrogen 
halides and halogens to less than 0.45 kilograms per hour, whichever is 
less stringent.
    (2) A halogen reduction device, such as a scrubber or other 
technique, may be used to reduce the vent stream halogen atom mass 
emission rate to less than 0.45 kilogram per hour prior to any 
combustion control device, and thus make the vent stream nonhalogenated; 
the vent stream must comply with the requirements of paragraph (a)(1) or 
(a)(2) of this section.
    (d) The owner or operator of a Group 2 process vent having a flow 
rate greater than or equal to 0.005 standard cubic meter per minute, a 
HAP concentration greater than or equal to 50 parts per million by 
volume, and a TRE index value greater than 1.0 but less than or equal to 
4.0 shall maintain a TRE index value greater than 1.0 and shall comply 
with the monitoring of recovery device parameters in Sec. 63.114(b) or 
(c) of this subpart, the TRE index calculations of Sec. 63.115 of this 
subpart, and the applicable reporting and recordkeeping provisions of 
Sec. Sec. 63.117 and 63.118 of this subpart. Such owner or operator is 
not subject to any other provisions of Sec. Sec. 63.114 through 63.118 
of this subpart.
    (e) The owner or operator of a Group 2 process vent with a TRE index 
value greater than 4.0 shall maintain a TRE index value greater than 
4.0, comply with the provisions for calculation of a TRE index value in 
Sec. 63.115 and the reporting and recordkeeping provisions in 
Sec. Sec. 63.117(b) and 63.118(c) and (h), and is not subject to 
monitoring or any other provisions of Sec. Sec. 63.114 through 63.118.
    (f) The owner or operator of a Group 2 process vent with a flow rate 
less than 0.005 standard cubic meter per minute shall maintain a flow 
rate less than 0.005 standard cubic meter per minute; comply with the 
Group determination procedures in Sec. 63.115 (a), (b), and (e) of this 
subpart; and the reporting and recordkeeping requirements in Sec. 
63.117(c) of this subpart, Sec. 63.118(d) of this subpart, and Sec. 
63.118(i) of this subpart; and is not subject to monitoring or any other 
provisions of Sec. Sec. 63.114 through 63.118 of this subpart.
    (g) The owner or operator of a Group 2 process vent with a total 
organic HAP concentration less than 50 parts per million by volume shall 
maintain a total organic HAP concentration less than 50 parts per 
million by volume; comply with the Group determination procedures in 
Sec. 63.115(a), (c), and (e); the reporting and recordkeeping 
requirements in Sec. Sec. 63.117(d) and 63.118(e) and (j); and is not 
subject to monitoring or any other provisions of Sec. Sec. 63.114 
through 63.118.
    (h) The owner or operator of a process vent complying with paragraph

[[Page 234]]

(a)(1) or (a)(2) of this section is not required to perform the group 
determination described in Sec. 63.115 of this subpart.
    (i) Off-site control or on-site control not owned or operated by the 
source. This paragraph (i) applies to gas streams that have the 
characteristics specified in Sec. 63.107(b) through (h) or meet the 
criteria specified in Sec. 63.107(i); that are transferred for disposal 
to an on-site control device (or other compliance equipment) not owned 
or operated by the owner or operator of the source generating the gas 
stream, or to an off-site control device or other compliance equipment; 
and that have the characteristics (e.g., flow rate, total organic HAP 
concentration, or TRE index value) of a Group 1 process vent, determined 
at the point of transfer.
    (1) The owner or operator transferring the gas stream shall:
    (i) Comply with the provisions specified in Sec. 63.114(d) for each 
gas stream prior to transfer.
    (ii) Notify the transferee that the gas stream contains organic 
hazardous air pollutants that are to be treated in accordance with the 
provisions of this subpart. The notice shall be submitted to the 
transferee initially and whenever there is a change in the required 
control.
    (2) The owner or operator may not transfer the gas stream unless the 
transferee has submitted to the EPA a written certification that the 
transferee will manage and treat any gas stream transferred under this 
paragraph (i) and received from a source subject to the requirements of 
this subpart in accordance with the requirements of either Sec. Sec. 
63.113 through 63.118, or Sec. 63.102(b), or subpart D of this part if 
alternative emission limitations have been granted the transferor in 
accordance with those provisions. The certifying entity may revoke the 
written certification by sending a written statement to EPA and the 
owner or operator giving at least 90 days notice that the certifying 
entity is rescinding acceptance of responsibility for compliance with 
the regulatory provisions listed in this paragraph (i). Upon expiration 
of the notice period, the owner or operator may not transfer the gas 
stream to the transferee. Records retained by the transferee shall be 
retained in accordance with Sec. 63.103(c).
    (3) By providing this written certification to EPA, the certifying 
entity accepts responsibility for compliance with the regulatory 
provisions listed in paragraph (i)(2) of this section with respect to 
any transfer covered by the written certification. Failure to abide by 
any of those provisions with respect to such transfers may result in 
enforcement action by EPA against the certifying entity in accordance 
with the enforcement provisions applicable to violations of these 
provisions by owners or operators of sources.
    (4) Written certifications and revocation statements to EPA from the 
transferees of such gas streams shall be signed by a responsible 
official of the certifying entity, provide the name and address of the 
certifying entity, and be sent to the appropriate EPA Regional Office at 
the addresses listed in Sec. 63.13. Such written certifications are not 
transferable by the transferee.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2745, Jan. 17, 1997; 66 
FR 6929, Jan. 22, 2001]



Sec. 63.114  Process vent provisions--monitoring requirements.

    (a) Each owner or operator of a process vent that uses a combustion 
device to comply with the requirements in Sec. 63.113 (a)(1) or (a)(2) 
of this subpart, or that uses a recovery device or recapture device to 
comply with the requirements in Sec. 63.113(a)(2) of this subpart, 
shall install monitoring equipment specified in paragraph (a)(1), 
(a)(2), (a)(3), (a)(4), or (a)(5) of this section, depending on the type 
of device used. All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturer's specifications or 
other written procedures that provide adequate assurance that the 
equipment would reasonably be expected to monitor accurately.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the firebox or in 
the ductwork immediately downstream of the

[[Page 235]]

firebox in a position before any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used, the following monitoring equipment is 
required: A device (including but not limited to a thermocouple, ultra-
violet beam sensor, or infrared sensor) capable of continuously 
detecting the presence of a pilot flame.
    (3) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, the following monitoring equipment 
is required: a temperature monitoring device in the firebox equipped 
with a continuous recorder. This requirement does not apply to gas 
streams that are introduced with primary fuel or are used as the primary 
fuel.
    (4) Where a scrubber is used with an incinerator, boiler, or process 
heater in the case of halogenated vent streams, the following monitoring 
equipment is required for the scrubber.
    (i) A pH monitoring device equipped with a continuous recorder shall 
be installed to monitor the pH of the scrubber effluent.
    (ii) A flow meter equipped with a continuous recorder shall be 
located at the scrubber influent for liquid flow. Gas flow rate shall be 
determined using one of the procedures specified in paragraphs 
(a)(4)(ii)(A) through (C) of this section.
    (A) The owner or operator may determine gas flow rate using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to rules in 40 CFR parts 264 through 
266 that have required a determination of the liquid to gas (L/G) ratio 
prior to the applicable compliance date for this subpart specified in 
Sec. 63.100(k), the owner or operator may determine gas flow rate by 
the method that had been utilized to comply with those rules. A 
determination that was conducted prior to the compliance date for this 
subpart may be utilized to comply with this subpart if it is still 
representative.
    (C) The owner or operator may prepare and implement a gas flow rate 
determination plan that documents an appropriate method which will be 
used to determine the gas flow rate. The plan shall require 
determination of gas flow rate by a method which will at least provide a 
value for either a representative or the highest gas flow rate 
anticipated in the scrubber during representative operating conditions 
other than startups, shutdowns, or malfunctions. The plan shall include 
a description of the methodology to be followed and an explanation of 
how the selected methodology will reliably determine the gas flow rate, 
and a description of the records that will be maintained to document the 
determination of gas flow rate. The owner or operator shall maintain the 
plan as specified in Sec. 63.103(c).
    (5) Where a recovery device or recapture device is used to comply 
with the requirements of Sec. 63.113(a)(2) of this subpart, the owner 
or operator shall utilize the appropriate monitoring device identified 
in paragraph (b), (b)(1), (b)(2), or (b)(3) of this section.
    (b) Each owner or operator of a process vent with a TRE index value 
greater than 1.0 as specified under Sec. 63.113(a)(3) or Sec. 
63.113(d) of this subpart that uses one or more recovery devices shall 
install either an organic monitoring device equipped with a continuous 
recorder or the monitoring equipment specified in paragraph (b)(1), 
(b)(2), or (b)(3) of this section, depending on the type of recovery 
device used. All monitoring equipment shall be installed, calibrated, 
and maintained according to the manufacturer's specifications or other 
written procedures that provide adequate assurance that the equipment 
would reasonably be expected to monitor accurately. Monitoring is not 
required for process vents with TRE index values greater than 4.0 as 
specified in Sec. 63.113(e) of this subpart.
    (1) Where an absorber is the final recovery device in the recovery 
system, a scrubbing liquid temperature monitoring device and a specific 
gravity monitoring device, each equipped with a continuous recorder 
shall be used;
    (2) Where a condenser is the final recovery device in the recovery 
system, a condenser exit (product side) temperature monitoring device 
equipped with a continuous recorder shall be used;

[[Page 236]]

    (3) Where a carbon adsorber is the final recovery device in the 
recovery system, an integrating regeneration stream flow monitoring 
device having an accuracy of 10 percent or better, 
capable of recording the total regeneration stream mass or volumetric 
flow for each regeneration cycle; and a carbon bed temperature 
monitoring device, capable of recording the carbon bed temperature after 
each regeneration and within 15 minutes of completing any cooling cycle 
shall be used.
    (c) An owner or operator of a process vent may request approval to 
monitor parameters other than those listed in paragraph (a) or (b) of 
this section. The request shall be submitted according to the procedures 
specified in Sec. 63.151(f) or Sec. 63.152(e) of this subpart. 
Approval shall be requested if the owner or operator:
    (1) Uses a combustion device other than an incinerator, boiler, 
process heater, or flare; or
    (2) Maintains a TRE greater than 1.0 but less than or equal to 4.0 
without a recovery device or with a recovery device other than the 
recovery devices listed in paragraphs (a) and (b) of this section; or
    (3) Uses one of the combustion or recovery or recapture devices 
listed in paragraphs (a) and (b) of this section, but seeks to monitor a 
parameter other than those specified in paragraphs (a) and (b) of this 
section.
    (d) The owner or operator of a process vent shall comply with 
paragraph (d)(1) or (2) of this section for any bypass line between the 
origin of the gas stream (i.e., at an air oxidation reactor, 
distillation unit, or reactor as identified in Sec. 63.107(b)) and the 
point where the gas stream reaches the process vent, as described in 
Sec. 63.107, that could divert the gas stream directly to the 
atmosphere. Equipment such as low leg drains, high point bleeds, 
analyzer vents, open-ended valves or lines, and pressure relief valves 
needed for safety purposes are not subject to this paragraph (d).
    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.118(a)(3). The flow indicator shall 
be installed at the entrance to any bypass line that could divert the 
gas stream to the atmosphere; or
    (2) Secure the bypass line valve in the non-diverting position with 
a car-seal or a lock-and-key type configuration. A visual inspection of 
the seal or closure mechanism shall be performed at least once every 
month to ensure that the valve is maintained in the non-diverting 
position and the gas stream is not diverted through the bypass line.
    (e) The owner or operator shall establish a range that indicates 
proper operation of the control or recovery device for each parameter 
monitored under paragraphs (a), (b), and (c) of this section. In order 
to establish the range, the information required in Sec. 63.152(b) of 
this subpart shall be submitted in the Notification of Compliance Status 
or the operating permit application or amendment. The range may be based 
upon a prior performance test conducted for determining compliance with 
a regulation promulgated by the EPA, and the owner or operator is not 
required to conduct a performance test under Sec. 63.116 of this 
subpart, if the prior performance test was conducted using the same 
methods specified in Sec. 63.116 and either no process changes have 
been made since the test, or the owner or operator can demonstrate that 
the results of the performance test, with or without adjustments, 
reliably demonstrate compliance despite process changes.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2745, Jan. 17, 1997; 66 
FR 6930, Jan. 22, 2001]



Sec. 63.115  Process vent provisions--methods and procedures for process vent 

group determination.

    (a) For purposes of determining vent stream flow rate, total organic 
HAP or total organic carbon concentration or TRE index value, as 
specified under paragraph (b), (c), or (d) of this section, the sampling 
site shall be after the last recovery device (if any recovery devices 
are present) but prior to the inlet of any control device that is 
present and prior to release to the atmosphere.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling site.

[[Page 237]]

    (2) No traverse site selection method is needed for vents smaller 
than 0.10 meter in diameter.
    (b) To demonstrate that a vent stream flow rate is less than 0.005 
standard cubic meter per minute in accordance with the Group 2 process 
vent definition of this subpart, the owner or operator shall measure 
flow rate by the following procedures:
    (1) The sampling site shall be selected as specified in paragraph 
(a) of this section.
    (2) The gas volumetric flow rate shall be determined using Method 2, 
2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (c) Each owner or operator seeking to demonstrate that a vent stream 
has an organic HAP concentration below 50 parts per million by volume in 
accordance with the Group 2 process vent definition of this subpart 
shall measure either total organic HAP or TOC concentration using the 
following procedures:
    (1) The sampling site shall be selected as specified in paragraph 
(a) of this section.
    (2) Method 18 or Method 25A of 40 CFR part 60, appendix A shall be 
used to measure concentration; alternatively, any other method or data 
that has been validated according to the protocol in Method 301 of 
appendix A of this part may be used.
    (3) Where Method 18 of 40 CFR part 60, appendix A is used, the 
following procedures shall be used to calculate parts per million by 
volume concentration:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at approximately equal 
intervals in time, such as 15 minute intervals during the run.
    (ii) The concentration of either TOC (minus methane and ethane) or 
organic HAP shall be calculated according to paragraph (c)(3)(ii)(A) or 
(c)(3)(ii)(B) of this section as applicable.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.201

where:

CTOC=Concentration of TOC (minus methane and ethane), dry 
          basis, parts per million by volume.
Cji=Concentration of sample component j of the sample i, dry 
          basis, parts per million by volume.
n=Number of components in the sample.
x=Number of samples in the sample run.

    (B) The total organic HAP concentration (CHAP) shall be 
computed according to the equation in paragraph (c)(3)(ii)(A) of this 
section except that only the organic HAP species shall be summed. The 
list of organic HAP's is provided in table 2 of subpart F of this part.
    (4) Where Method 25A of 40 CFR part 60, appendix A is used, the 
following procedures shall be used to calculate parts per million by 
volume TOC concentration:
    (i) Method 25A of 40 CFR part 60, appendix A, shall be used only if 
a single organic HAP compound is greater than 50 percent of total 
organic HAP, by volume, in the vent stream.
    (ii) The vent stream composition may be determined by either process 
knowledge, test data collected using an appropriate EPA method, or a 
method or data validated according to the protocol in Method 301 of 
appendix A of this part. Examples of information that could constitute 
process knowledge include calculations based on material balances, 
process stoichiometry, or previous test results provided the results are 
still relevant to the current vent stream conditions.
    (iii) The organic HAP used as the calibration gas for Method 25A of 
40 CFR part 60, appendix A shall be the single organic HAP compound 
present at greater than 50 percent of the total organic HAP by volume.
    (iv) The span value for Method 25A of 40 CFR part 60, appendix A 
shall be 50 parts per million by volume.
    (v) Use of Method 25A of 40 CFR part 60, appendix A is acceptable if 
the response from the high-level calibration

[[Page 238]]

gas is at least 20 times the standard deviation of the response from the 
zero calibration gas when the instrument is zeroed on the most sensitive 
scale.
    (vi) The owner or operator shall demonstrate that the concentration 
of TOC including methane and ethane measured by Method 25A of 40 CFR 
part 60, appendix A is below 25 parts per million by volume to be 
considered a Group 2 vent with an organic HAP concentration below 50 
parts per million by volume and to qualify for the low concentration 
exclusion in Sec. 63.113(g) of this subpart.
    (d) To determine the TRE index value, the owner or operator shall 
conduct a TRE determination and calculate the TRE index value according 
to the procedures in paragraph (d)(1) or (d)(2) of this section and the 
TRE equation in paragraph (d)(3) of this section.
    (1) Engineering assessment may be used to determine vent stream flow 
rate, net heating value, TOC emission rate, and total organic HAP 
emission rate for the representative operating condition expected to 
yield the lowest TRE index value.
    (i) If the TRE value calculated using such engineering assessment 
and the TRE equation in paragraph (d)(3) of this section is greater than 
4.0, then the owner or operator is not required to perform the 
measurements specified in paragraph (d)(2) of this section.
    (ii) If the TRE value calculated using such engineering assessment 
and the TRE equation in paragraph (d)(3) of this section is less than or 
equal to 4.0, then the owner or operator is required to perform the 
measurements specified in paragraph (d)(2) of this section for group 
determination or consider the process vent a Group 1 vent and comply 
with the emission reduction specified in Sec. 63.113(a) of this 
subpart.
    (iii) Engineering assessment includes, but is not limited to, the 
following:
    (A) Previous test results provided the tests are representative of 
current operating practices at the process unit.
    (B) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (C) Maximum flow rate, TOC emission rate, organic HAP emission rate, 
or net heating value limit specified or implied within a permit limit 
applicable to the process vent.
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances based on process stoichiometry to 
estimate maximum organic HAP concentrations,
    (2) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities,
    (3) Estimation of TOC or organic HAP concentrations based on 
saturation conditions,
    (4) Estimation of maximum expected net heating value based on the 
vent stream concentration of each organic compound or, alternatively, as 
if all TOC in the vent stream were the compound with the highest heating 
value.
    (E) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (2) Except as provided in paragraph (d)(1) of this section, vent 
stream flow rate, net heating value, TOC emission rate, and total 
organic HAP emission rate shall be measured and calculated according to 
the procedures in paragraphs (d)(2)(i) through (v) of this section and 
used as input to the TRE index value calculation in paragraph (d)(3) of 
this section.
    (i) The vent stream volumetric flow rate (Qs), in 
standard cubic meters per minute at 20 degrees Celcius, shall be 
determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, 
as appropriate. If the vent stream tested passes through a final steam 
jet ejector and is not condensed, the vent stream volumetric flow shall 
be corrected to 2.3 percent moisture.
    (ii) The molar composition of the vent stream, which is used to 
calculate net heating value, shall be determined using the following 
methods:
    (A) Method 18 of 40 CFR part 60, appendix A to measure the 
concentration of each organic compound.
    (B) American Society for Testing and Materials D1946-77 to measure 
the concentration of carbon monoxide and hydrogen.

[[Page 239]]

    (C) Method 4 of 40 CFR part 60, appendix A, to measure the moisture 
content of the vent stream.
    (iii) The net heating value of the vent stream shall be calculated 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.202

where:

HT=Net heating value of the sample, megaJoule per standard 
          cubic meter, where the net enthalpy per mole of vent stream is 
          based on combustion at 25 [deg]C and 760 millimeters of 
          mercury, but the standard temperature for determining the 
          volume corresponding to one mole is 20 [deg]C, as in the 
          definition of Qs (vent stream flow rate).
Kl=Constant, 1.740x10-7 (parts per 
          million)-1 (gram-mole per standard cubic meter) 
          (megaJoule per kilocalorie), where standard temperature for 
          (gram-mole per standard cubic meter) is 20 [deg]C.
Bws=Water vapor content of the vent stream, proportion by 
          volume; except that if the vent stream passes through a final 
          steam jet and is not condensed, it shall be assumed that 
          Bws=0.023 in order to correct to 2.3 percent 
          moisture.
Cj=Concentration on a dry basis of compound j in parts per 
          million, as measured for all organic compounds by Method 18 of 
          40 CFR part 60, appendix A and measured for hydrogen and 
          carbon monoxide by American Society for Testing and Materials 
          D1946-77 as indicated in paragraph (d)(2)(ii) of this section.
Hj=Net heat of combustion of compound j, kilocalorie per 
          gram-mole, based on combustion at 25 [deg]C and 760 
          millimeters mercury. The heats of combustion of vent stream 
          components shall be determined using American Society for 
          Testing and Materials D2382-76 if published values are not 
          available or cannot be calculated.

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

where:

E=Emission rate of TOC (minus methane and ethane) or emission rate of 
          total organic HAP in the sample, kilograms per hour.
K2=Constant, 2.494x10-6 (parts per 
          million)-1 (gram-mole per standard cubic meter) 
          (kilogram/gram) (minutes/hour), where standard temperature for 
          (gram-mole per standard cubic meter) is 20 [deg]C.
Cj=Concentration on a dry basis of organic compound j in 
          parts per million as measured by Method 18 of 40 CFR part 60, 
          appendix A as indicated in paragraph (d)(2)(ii) of this 
          section. If the TOC emission rate is being calculated, 
          Cj includes all organic compounds measured minus 
          methane and ethane; if the total organic HAP emission rate is 
          being calculated, only organic HAP compounds listed in table 2 
          in subpart F of this part are included.
Mj=Molecular weight of organic compound j, gram/gram-mole.
Qs=Vent stream flow rate, dry standard cubic meter per 
          minute, at a temperature of 20 [deg]C.

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

where:

E=mass of halogen atoms, dry basis, kilogram per hour.

[[Page 240]]

K2=Constant, 2.494x10-6 (parts per 
          million)-1 (kilogram-mole per standard cubic meter) 
          (minute/hour), where standard temperature is 20 [deg]C.
Cj=Concentration of halogenated compound j in the gas stream, 
          dry basis, parts per million by volume.
Mji=Molecular weight of halogen atom i in compound j of the 
          gas stream, kilogram per kilogram-mole.
Lji=Number of atoms of halogen i in compound j of the gas 
          stream.
Q=Flow rate of gas stream, dry standard cubic meters per minute, 
          determined according to paragraph (d)(1) or (d)(2)(i) of this 
          section.
j=Halogenated compound j in the gas stream.
i=Halogen atom i in compound j of the gas stream.
n=Number of halogenated compounds j in the gas stream.
m=Number of different halogens i in each compound j of the gas stream.

    (3) The owner or operator shall calculate the TRE index value of the 
vent stream using the equations and procedures in this paragraph.
    (i) The equation for calculating the TRE index for a vent stream 
controlled by a flare or incinerator is as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.205

where:

TRE=TRE index value.
EHAP=Hourly emission rate of total organic HAP, kilograms per 
          hour, as calculated in paragraph (d)(1) or (d)(2)(iv) of this 
          section.
Qs=Vent stream flow rate, standard cubic meters per minute, 
          at a standard temperature of 20 [deg]C, as calculated in 
          paragraph (d)(1) or (d)(2)(i) of this section.
HT=Vent stream net heating value, megaJoules per standard 
          cubic meter, as calculated in paragraph (d)(1) or (d)(2)(iii) 
          of this section.
ETOC=Emission rate of TOC (minus methane and ethane), 
          kilograms per hour, as calculated in paragraph (d)(1) or 
          (d)(2)(iv) of this section.
a,b,c,d=Coefficients presented in table 1 of this subpart, selected in 
          accordance with paragraphs (d)(3)(ii) and (iii) of this 
          section.

    (ii) The owner or operator of a nonhalogenated vent stream shall 
calculate the TRE index value based on the use of a flare, a thermal 
incinerator with 0 percent heat recovery, and a thermal incinerator with 
70 percent heat recovery and shall select the lowest TRE index value. 
The owner or operator shall use the applicable coefficients in table 1 
of this subpart for nonhalogenated vent streams located within existing 
sources and the applicable coefficients in table 2 of this subpart for 
nonhalogenated vent streams located within new sources.
    (iii) The owner or operator of a halogenated vent stream shall 
calculate the TRE index value based on the use of a thermal incinerator 
with 0 percent heat recovery, and a scrubber. The owner or operator 
shall use the applicable coefficients in table 1 of this subpart for 
halogenated vent streams located within existing sources and the 
applicable coefficients in table 2 of this subpart for halogenated vent 
streams located within new sources.
    (e) The owner or operator of a Group 2 process vent shall 
recalculate the TRE index value, flow, or organic hazardous air 
pollutants concentration for each process vent, as necessary to 
determine whether the vent is Group 1 or Group 2, whenever process 
changes are made that could reasonably be expected to change the vent to 
a Group 1 vent. Examples of process changes include, but are not limited 
to, changes in production capacity, production rate, feedstock type, or 
catalyst type, or whenever there is replacement, removal, or addition of 
recovery equipment. For purposes of this paragraph, process changes do 
not include: Process upsets; unintentional, temporary process changes; 
and changes that are within the range on which the original TRE 
calculation was based.
    (1) The TRE index value, flow rate, or organic HAP concentration 
shall be recalculated based on measurements of vent stream flow rate, 
TOC, and organic HAP concentrations, and heating values as specified in 
Sec. 63.115 (a), (b),

[[Page 241]]

(c), and (d) of this subpart, as applicable, or on best engineering 
assessment of the effects of the change. Engineering assessments shall 
meet the specifications in paragraph (d)(1) of this section.
    (2) Where the recalculated TRE index value is less than or equal to 
1.0, or less than or equal to 4.0 but greater than 1.0, the recalculated 
flow rate is greater than or equal to 0.005 standard cubic meter per 
minute, or the recalculated concentration is greater than or equal to 50 
parts per million by volume, the owner or operator shall submit a report 
as specified in Sec. 63.118 (g), (h), (i), or (j) of this subpart and 
shall comply with the appropriate provisions in Sec. 63.113 of this 
subpart by the dates specified in Sec. 63.100 of subpart F of this 
part.
    (f) Notwithstanding any other provisions of this subpart, in any 
case where a process vent includes one or more gas streams that are not 
from a source subject to this subpart (hereafter called ``non-HON 
streams'' for purposes of this paragraph), and one or more gas streams 
that meet the criteria in Sec. 63.107(b) through (h) or the criteria in 
Sec. 63.107(i) (hereafter called ``HON streams'' for purposes of this 
paragraph), the owner or operator may elect to comply with paragraphs 
(f)(1) through (3) of this section.
    (1) The owner or operator may determine the characteristics (flow 
rate, total organic HAP concentration, and TRE index value) for each HON 
stream, or combination of HON streams, at a representative point as near 
as practical to, but before, the point at which it is combined with one 
or more non-HON streams.
    (2) If one or more of the HON streams, or combinations of HON 
streams, has the characteristics (determined at the location specified 
in paragraph (f)(1) of this section) associated with a Group 1 process 
vent, the combined vent stream is a Group 1 process vent. Except as 
specified in paragraph (f)(3) of this section, if none of the HON 
streams, or combinations of HON streams, when determined at the location 
specified in paragraph (f)(1) of this section, has the characteristics 
associated with a Group 1 process vent, the combined vent stream is a 
Group 2 process vent regardless of the TRE index value determined at the 
location specified in Sec. 63.115(a). If the combined vent stream is a 
Group 2 process vent as determined by the previous sentence, but one or 
more of the HON streams, or combinations of HON streams, has a TRE index 
value greater than 1 but less than or equal to 4, the combined vent 
stream is a process vent with a TRE index value greater than 1 but less 
than or equal to 4. In this case, the owner or operator shall monitor 
the combined vent stream as required by Sec. 63.114(b).
    (3) Paragraphs (f)(1) and (2) of this section are not intended to 
apply instead of any other subpart of this part. If another subpart of 
this part applies to one or more of the non-HON streams contributing to 
the combined vent stream, that subpart may impose emission control 
requirements such as, but not limited to, requiring the combined vent 
stream to be classified and controlled as a Group 1 process vent.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2746, Jan. 17, 1997; 66 
FR 6931, Jan. 22, 2001]



Sec. 63.116  Process vent provisions--performance test methods and procedures 

to determine compliance.

    (a) When a flare is used to comply with Sec. 63.113(a)(1), the 
owner or operator shall comply with paragraphs (a)(1) through (3) of 
this section. The owner or operator is not required to conduct a 
performance test to determine percent emission reduction or outlet 
organic HAP or TOC concentration.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4).
    (2) Determine the net heating value of the gas being combusted using 
the techniques specified in Sec. 63.11(b)(6).
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where 
applicable) or Sec. 63.11(b)(8), as appropriate.
    (b) An owner or operator is not required to conduct a performance 
test when any control device specified in paragraphs (b)(1) through 
(b)(5) of this section is used.

[[Page 242]]

    (1) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (2) A boiler or process heater into which the gas stream is 
introduced with the primary fuel or is used as the primary fuel.
    (3) A control device for which a performance test was conducted for 
determining compliance with a regulation promulgated by the EPA and the 
test was conducted using the same methods specified in this section and 
either no process changes have been made since the test, or the owner or 
operator can demonstrate that the results of the performance test, with 
or without adjustments, reliably demonstrate compliance despite process 
changes.
    (4) A boiler or process heater burning hazardous waste for which the 
owner or operator:
    (i) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (5) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (c) Except as provided in paragraphs (a) and (b) of this section, an 
owner or operator using a control device to comply with the organic HAP 
concentration limit or percent reduction efficiency requirements in 
Sec. 63.113(a)(2) of this subpart shall conduct a performance test 
using the procedures in paragraphs (c)(1) through (c)(4) of this 
section. The organic HAP concentration and percent reduction may be 
measured as either total organic HAP or as TOC minus methane and ethane 
according to the procedures specified.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites.
    (i) For determination of compliance with the 98 percent reduction of 
total organic HAP requirement of Sec. 63.113(a)(2) of this subpart, 
sampling sites shall be located at the inlet of the control device as 
specified in paragraphs (c)(1)(i)(A) and (c)(1)(i)(B) of this section, 
and at the outlet of the control device.
    (A) The control device inlet sampling site shall be located after 
the final product recovery device.
    (B) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts, selection of the location of the inlet sampling 
sites shall ensure the measurement of total organic HAP or TOC (minus 
methane and ethane) concentrations in all vent streams and primary and 
secondary fuels introduced into the boiler or process heater.
    (ii) For determination of compliance with the 20 parts per million 
by volume total organic HAP limit in Sec. 63.113(a)(2) of this subpart, 
the sampling site shall be located at the outlet of the control device.
    (2) The gas volumetric flow rate shall be determined using Method 2, 
2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (3) To determine compliance with the 20 parts per million by volume 
total organic HAP limit in Sec. 63.113(a)(2) of this subpart, the owner 
or operator shall use Method 18 of 40 CFR part 60, appendix A to measure 
either TOC minus methane and ethane or total organic HAP. Alternatively, 
any other method or data that has been validated according to the 
applicable procedures in Method 301 of appendix A of this part, may be 
used. The following procedures shall be used to calculate parts per 
million by volume concentration, corrected to 3 percent oxygen:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15 minute intervals 
during the run.
    (ii) The concentration of either TOC (minus methane or ethane) or 
total organic HAP shall be calculated according to paragraph 
(c)(3)(ii)(A) or (c)(3)(ii)(B) of this section.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be

[[Page 243]]

computed for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.206

where:

CTOC=Concentration of TOC (minus methane and ethane), dry 
          basis, parts per million by volume.
Cji=Concentration of sample components j of sample i, dry 
          basis, parts per million by volume.
n=Number of components in the sample.
x=Number of samples in the sample run.

    (B) The total organic HAP concentration (CHAP) shall be 
computed according to the equation in paragraph (c)(3)(ii)(A) of this 
section except that only the organic HAP species shall be summed. The 
list of organic HAP's is provided in table 2 of subpart F of this part.
    (iii) The concentration of TOC or total organic HAP shall be 
corrected to 3 percent oxygen if a combustion device is the control 
device.
    (A) The emission rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration 
(%O2d). The samples shall be taken during the same time that 
the TOC (minus methane or ethane) or total organic HAP samples are 
taken.
    (B) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR26AP99.003

Where:

Cc=Concentration of TOC or organic HAP corrected to 3 percent 
          oxygen, dry basis, parts per million by volume.
Cm=Concentration of TOC (minus methane and ethane) or organic 
          HAP, dry basis, parts per million by volume.
%02d=Concentration of oxygen, dry basis, percent by volume.

    (4) To determine compliance with the 98 percent reduction 
requirement of Sec. 63.113(a)(2) of this subpart, the owner or operator 
shall use Method 18 of 40 CFR part 60, appendix A; alternatively, any 
other method or data that has been validated according to the applicable 
procedures in Method 301 of appendix A of this part may be used. The 
following procedures shall be used to calculate percent reduction 
efficiency:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time such as 15 minute intervals during 
the run.
    (ii) The mass rate of either TOC (minus methane and ethane) or total 
organic HAP (Ei, Eo) shall be computed.
    (A) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR22AP94.208
    
    [GRAPHIC] [TIFF OMITTED] TR22AP94.209
    
where:

Cij, Coj=Concentration of sample component j of 
          the gas stream at the inlet and outlet of the control device, 
          respectively, dry basis, parts per million by volume.
Ei, Eo=Mass rate of TOC (minus methane and ethane) 
          or total organic HAP at the inlet and outlet of the control 
          device, respectively, dry basis, kilogram per hour.
Mij, Moj=Molecular weight of sample component j of 
          the gas stream at the inlet and outlet of the control device, 
          respectively, gram/gram-mole.

[[Page 244]]

Qi, Qo=Flow rate of gas stream at the inlet and 
          outlet of the control device, respectively, dry standard cubic 
          meter per minute.
K2=Constant, 2.494 x 10-6 (parts per 
          million)-1 (gram-mole per standard cubic meter) 
          (kilogram/gram) (minute/hour), where standard temperature 
          (gram-mole per standard cubic meter) is 20 [deg]C.

    (B) Where the mass rate of TOC is being calculated, all organic 
compounds (minus methane and ethane) measured by Method 18 of 40 CFR 
part 60, appendix A are summed using the equation in paragraph 
(c)(4)(ii)(A) of this section.
    (C) Where the mass rate of total organic HAP is being calculated, 
only the organic HAP species shall be summed using the equation in 
paragraph (c)(4)(ii)(A) of this section. The list of organic HAP's is 
provided in table 2 of subpart F of this part.
    (iii) The percent reduction in TOC (minus methane and ethane) or 
total organic HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.210

where:

R=Control efficiency of control device, percent.
Ei=Mass rate of TOC (minus methane and ethane) or total 
          organic HAP at the inlet to the control device as calculated 
          under paragraph (c)(4)(ii) of this section, kilograms TOC per 
          hour or kilograms organic HAP per hour.
Eo=Mass rate of TOC (minus methane and ethane) or total 
          organic HAP at the outlet of the control device, as calculated 
          under paragraph (c)(4)(ii) of this section, kilograms TOC per 
          hour or kilograms organic HAP per hour.

    (iv) If the vent stream entering a boiler or process heater with a 
design capacity less than 44 megawatts is introduced with the combustion 
air or as a secondary fuel, the weight-percent reduction of total 
organic HAP or TOC (minus methane and ethane) across the device shall be 
determined by comparing the TOC (minus methane and ethane) or total 
organic HAP in all combusted vent streams and primary and secondary 
fuels with the TOC (minus methane and ethane) or total organic HAP 
exiting the combustion device, respectively.
    (d) An owner or operator using a combustion device followed by a 
scrubber or other halogen reduction device to control halogenated vent 
streams in compliance with Sec. 63.113(c)(1) shall conduct a 
performance test to determine compliance with the control efficiency or 
emission limits for hydrogen halides and halogens.
    (1) For an owner or operator determining compliance with the percent 
reduction of total hydrogen halides and halogens, sampling sites shall 
be located at the inlet and outlet of the scrubber or other halogen 
reduction device used to reduce halogen emissions. For an owner or 
operator determining compliance with the less than 0.45 kilogram per 
hour outlet emission limit for total hydrogen halides and halogens, the 
sampling site shall be located at the outlet of the scrubber or other 
halogen reduction device and prior to any releases to the atmosphere.
    (2) Except as provided in paragraph (d)(5) of this section, Method 
26 or Method 26A of 40 CFR part 60, appendix A, shall be used to 
determine the concentration, in milligrams per dry standard cubic meter, 
of total hydrogen halides and halogens that may be present in the vent 
stream. The mass emissions of each hydrogen halide and halogen compound 
shall be calculated from the measured concentrations and the gas stream 
flow rate.
    (3) To determine compliance with the percent removal efficiency, the 
mass emissions for any hydrogen halides and halogens present at the 
inlet of the scrubber or other halogen reduction device shall be summed 
together. The mass emissions of the compounds present at the outlet of 
the scrubber or other halogen reduction device shall be summed together. 
Percent reduction shall be determined by comparison of the summed inlet 
and outlet measurements.
    (4) To demonstrate compliance with the less than 0.45 kilogram per 
hour outlet emission limit, the test results must show that the mass 
emission rate of total hydrogen halides and halogens measured at the 
outlet of the scrubber or other halogen reduction device is below 0.45 
kilogram per hour.

[[Page 245]]

    (5) The owner or operator may use any other method to demonstrate 
compliance if the method or data has been validated according to the 
applicable procedures of Method 301 of appendix A of this part.
    (e) An owner or operator using a scrubber or other halogen reduction 
device to reduce the vent stream halogen atom mass emission rate to less 
than 0.45 kilogram per hour prior to a combustion control device in 
compliance with Sec. 63.113(c)(2) of this subpart shall determine the 
halogen atom mass emission rate prior to the combustor according to the 
procedures in Sec. 63.115(d)(2)(v) of this subpart.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2746, Jan. 17, 1997; 64 
FR 20191, Apr. 26, 1999; 66 FR 6931, Jan. 22, 2001]



Sec. 63.117  Process vent provisions--reporting and recordkeeping requirements 

for group and TRE determinations and performance tests.

    (a) Each owner or operator subject to the control provisions for 
Group 1 process vents in Sec. 63.113(a) or the provisions for Group 2 
process vents with a TRE index value greater than 1.0 but less than or 
equal to 4.0 in Sec. 63.113(d) shall:
    (1) Keep an up-to-date, readily accessible record of the data 
specified in paragraphs (a)(4) through (a)(8) of this section, as 
applicable, and
    (2) Include the data in paragraphs (a)(4) through (a)(8) of this 
section in the Notification of Compliance Status report as specified in 
Sec. 63.152(b) of this subpart.
    (3) If any subsequent TRE determinations or performance tests are 
conducted after the Notification of Compliance Status has been 
submitted, report the data in paragraphs (a)(4) through (a)(8) of this 
section in the next Periodic Report as specified in Sec. 63.152(c) of 
this subpart.
    (4) Record and report the following when using a combustion device 
to achieve a 98 weight percent reduction in organic HAP or an organic 
HAP concentration of 20 parts per million by volume, as specified in 
Sec. 63.113(a)(2) of this subpart:
    (i) The parameter monitoring results for incinerators, catalytic 
incinerators, boilers or process heaters specified in table 3 of this 
subpart, and averaged over the same time period of the performance 
testing.
    (ii) For an incinerator, the percent reduction of organic HAP or TOC 
achieved by the incinerator determined as specified in Sec. 63.116(c) 
of this subpart, or the concentration of organic HAP or TOC (parts per 
million by volume, by compound) determined as specified in Sec. 
63.116(c) of this subpart at the outlet of the incinerator on a dry 
basis corrected to 3 percent oxygen.
    (iii) For a boiler or process heater, a description of the location 
at which the vent stream is introduced into the boiler or process 
heater.
    (iv) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts and where the vent stream is 
introduced with combustion air or used as a secondary fuel and is not 
mixed with the primary fuel, the percent reduction of organic HAP or 
TOC, or the concentration of organic HAP or TOC (parts per million by 
volume, by compound) determined as specified in Sec. 63.116(c) at the 
outlet of the combustion device on a dry basis corrected to 3 percent 
oxygen.
    (5) Record and report the following when using a flare to comply 
with Sec. 63.113(a)(1) of this subpart:
    (i) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.116(a) of this subpart; 
and
    (iii) All periods during the compliance determination when the pilot 
flame is absent.
    (6) Record and report the following when using a scrubber following 
a combustion device to control a halogenated vent stream:
    (i) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens as specified in Sec. 63.116(d) of 
this subpart;
    (ii) The pH of the scrubber effluent; and
    (iii) The scrubber liquid to gas ratio.
    (7) Record and report the following when achieving and maintaining a 
TRE index value greater than 1.0 but less than 4.0 as specified in Sec. 
63.113(a)(3) or Sec. 63.113(d) of this subpart:

[[Page 246]]

    (i) The parameter monitoring results for absorbers, condensers, or 
carbon adsorbers, as specified in table 4 of this subpart, and averaged 
over the same time period of the measurements of vent stream flow rate 
and concentration used in the TRE determination (both measured while the 
vent stream is normally routed and constituted), and
    (ii) The measurements and calculations performed to determine the 
TRE index value of the vent stream.
    (8) Record and report the halogen concentration in the vent stream 
determined according to the procedures specified in Sec. 
63.115(d)(2)(v).
    (b) The owner or operator of a Group 2 process vent with a TRE index 
greater than 4.0 as specified in Sec. 63.113(e) of this subpart, shall 
maintain records and submit as part of the Notification of Compliance 
Status specified in Sec. 63.152 of this subpart, measurements, 
engineering assessments, and calculations performed to determine the TRE 
index value of the vent stream. Documentation of engineering assessments 
shall include all data, assumptions, and procedures used for the 
engineering assessments, as specified in Sec. 63.115(d)(1) of this 
subpart.
    (c) Each owner or operator who elects to demonstrate that a process 
vent is a Group 2 process vent based on a flow rate less than 0.005 
standard cubic meter per minute must submit to the Administrator the 
flow rate measurement using methods and procedures specified in Sec. 
63.115 (a) and (b) of this subpart with the Notification of Compliance 
Status specified in Sec. 63.152 of this subpart.
    (d) Each owner or operator who elects to demonstrate that a process 
vent is a Group 2 process vent based on organic HAP or TOC concentration 
less than 50 parts per million by volume must submit to the 
Administrator an organic HAP or TOC concentration measurement using the 
methods and procedures specified in Sec. 63.115 (a) and (c) of this 
subpart with the Notification of Compliance Status specified in Sec. 
63.152 of this subpart.
    (e) If an owner or operator uses a control or recovery device other 
than those listed in tables 3 and 4 of this subpart or requests approval 
to monitor a parameter other than those specified in tables 3 and 4 of 
this subpart, the owner or operator shall submit a description of 
planned reporting and recordkeeping procedures as required under Sec. 
63.151(f) or Sec. 63.152(e) of this subpart. The Administrator will 
specify appropriate reporting and recordkeeping requirements as part of 
the review of the permit application or by other appropriate means.
    (f) For each parameter monitored according to tables 3 or 4 of this 
subpart or paragraph (e) of this section, the owner or operator shall 
establish a range for the parameter that indicates proper operation of 
the control or recovery device. In order to establish the range, the 
information required in Sec. 63.152(b) of this subpart shall be 
submitted in the Notification of Compliance Status or the operating 
permit application or amendment.

[59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 66 
FR 6932, Jan. 22, 2001]



Sec. 63.118  Process vent provisions--periodic reporting and recordkeeping 

requirements.

    (a) Each owner or operator using a control device to comply with 
Sec. 63.113 (a)(1) or (a)(2) of this subpart shall keep the following 
records up-to-date and readily accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.114(a) of this subpart and 
listed in table 3 of this subpart or specified by the Administrator in 
accordance with Sec. Sec. 63.114(c) and 63.117(e) of this subpart. For 
flares, the hourly records and records of pilot flame outages specified 
in table 3 of this subpart shall be maintained in place of continuous 
records.
    (2) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec. 63.152(f). For flares, records of the 
times and duration of all periods during which all pilot flames are 
absent shall be kept rather than daily averages.
    (3) Hourly records of whether the flow indicator specified under 
Sec. 63.114(d)(1) was operating and whether a diversion was detected at 
any time

[[Page 247]]

during the hour, as well as records of the times and durations of all 
periods when the gas stream is diverted to the atmosphere or the monitor 
is not operating.
    (4) Where a seal mechanism is used to comply with Sec. 63.114(d)(2) 
of this subpart, hourly records of flow are not required. In such cases, 
the owner or operator shall record that the monthly visual inspection of 
the seals or closure mechanism has been done, and shall record the 
duration of all periods when the seal mechanism is broken, the bypass 
line valve position has changed, or the key for a lock-and-key type lock 
has been checked out, and records of any car-seal that has broken.
    (b) Each owner or operator using a recovery device or other means to 
achieve and maintain a TRE index value greater than 1.0 but less than 
4.0 as specified in Sec. 63.113(a)(3) or Sec. 63.113(d) of this 
subpart shall keep the following records up-to-date and readily 
accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.114(b) of this subpart and 
listed in table 4 of this subpart or specified by the Administrator in 
accordance with Sec. 63.114(c) of this subpart and Sec. 63.114(e) of 
this subpart and
    (2) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec. 63.152(f). If carbon adsorber regeneration 
stream flow and carbon bed regeneration temperature are monitored, the 
records specified in table 4 of this subpart shall be kept instead of 
the daily averages.
    (c) Each owner or operator subject to the provisions of this subpart 
and who elects to demonstrate compliance with the TRE index value 
greater than 4.0 under Sec. 63.113(e) of this subpart or greater than 
1.0 under Sec. 63.113(a)(3) or Sec. 63.113(d) of this subpart shall 
keep up-to-date, readily accessible records of:
    (1) Any process changes as defined in Sec. 63.115(e) of this 
subpart; and
    (2) Any recalculation of the TRE index value pursuant to Sec. 
63.115(e) of this subpart.
    (d) Each owner or operator who elects to comply by maintining a flow 
rate less than 0.005 standard cubic meter per minute under Sec. 
63.113(f) of this subpart, shall keep up-to-date, readily accessible 
records of:
    (1) Any process changes as defined in Sec. 63.115(e) of this 
subpart that increase the vent stream flow rate,
    (2) Any recalculation or measurement of the flow rate pursuant to 
Sec. 63.115(e) of this subpart, and
    (3) If the flow rate increases to 0.005 standard cubic meter per 
minute or greater as a result of the process change, the TRE 
determination performed according to the procedures of Sec. 63.115(d) 
of this subpart.
    (e) Each owner or operator who elects to comply by maintaining an 
organic HAP concentration less than 50 parts per million by volume 
organic HAP concentration under Sec. 63.113(g) of this subpart shall 
keep up-to-date, readily accessible records of:
    (1) Any process changes as defined in Sec. 63.115(e) that increase 
the organic HAP concentration of the vent stream,
    (2) Any recalculation or measurement of the concentration pursuant 
to Sec. 63.115(e) of this subpart, and
    (3) If the organic HAP concentration increases to 50 parts per 
million by volume or greater as a result of the process change, the TRE 
determination performed according to the procedures of Sec. 63.115(d) 
of this subpart.
    (f) Each owner or operator who elects to comply with the 
requirements of Sec. 63.113 of this subpart shall submit to the 
Administrator Periodic Reports of the following recorded information 
according to the schedule in Sec. 63.152 of this subpart.
    (1) Reports of daily average values of monitored parameters for all 
operating days when the daily average values recorded under paragraphs 
(a) and (b) of this section were outside the ranges established in the 
Notification of Compliance Status or operating permit.
    (2) For Group 1 points, reports of the duration of periods when 
monitoring data is not collected for each excursion caused by 
insufficient monitoring data as defined in Sec. 63.152(c)(2)(ii)(A) of 
this subpart.
    (3) Reports of the times and durations of all periods recorded under 
paragraph (a)(3) of this section when

[[Page 248]]

the gas stream is diverted to the atmosphere through a bypass line.
    (4) Reports of all periods recorded under paragraph (a)(4) of this 
section in which the seal mechanism is broken, the bypass line valve 
position has changed, or the key to unlock the bypass line valve was 
checked out.
    (5) Reports of the times and durations of all periods recorded under 
paragraph (a)(2) of this section in which all pilot flames of a flare 
were absent.
    (6) Reports of all carbon bed regeneration cycles during which the 
parameters recorded under paragraph (b)(2)(v) of this section were 
outside the ranges established in the Notification of Compliance Status 
or operating permit.
    (g) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent to become a Group 1 
process vent, the owner or operator shall submit a report within 180 
calendar days after the process change as specified in Sec. 63.151(j) 
of this subpart. The report shall include:
    (1) A description of the process change;
    (2) The results of the recalculation of the flow rate, organic HAP 
concentration, and TRE index value required under Sec. 63.115(e) of 
this subpart and recorded under paragraph (c), (d), or (e) of this 
section; and
    (3) A statement that the owner or operator will comply with the 
provisions of Sec. 63.113 of this subpart for Group 1 process vents by 
the dates specified in subpart F of this part.
    (h) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent with a TRE greater 
than 4.0 to become a Group 2 process vent with a TRE less than 4.0, the 
owner or operator shall submit a report within 180 calendar days after 
the process change. The report may be submitted as part of the next 
periodic report. The report shall include:
    (1) A description of the process change,
    (2) The results of the recalculation of the TRE index value required 
under Sec. 63.115(e) of this subpart and recorded under paragraph (c) 
of this section, and
    (3) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.113(d) of this subpart.
    (i) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent with a flow rate 
less than 0.005 standard cubic meter per minute to become a Group 2 
process vent with a flow rate of 0.005 standard cubic meter per minute 
or greater and a TRE index value less than or equal to 4.0, the owner or 
operator shall submit a report within 180 calendar days after the 
process change. The report may be submitted as part of the next periodic 
report. The report shall include:
    (1) A description of the process change,
    (2) The results of the recalculation of the flow rate and the TRE 
determination required under Sec. 63.115(e) of this subpart and 
recorded under paragraph (d) of this section, and
    (3) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.113(d) of this subpart.
    (j) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent with an organic HAP 
concentration less than 50 parts per million by volume to become a Group 
2 process vent with an organic HAP concentration of 50 parts per million 
by volume or greater and a TRE index value less than or equal to 4.0, 
the owner or operator shall submit a report within 180 calendar days 
after the process change. The report may be submitted as part of the 
next periodic report. The report shall include:
    (1) A description of the process change,
    (2) The results of the recalculation of the organic HAP 
concentration and the TRE determination required under Sec. 63.115(e) 
of this subpart and recorded under paragraph (e) of this section, and
    (3) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.113(d) of this subpart.
    (k) The owner or operator is not required to submit a report of a 
process change if one of the conditions listed in

[[Page 249]]

paragraph (k)(1), (k)(2), (k)(3), or (k)(4) of this section is met.
    (1) The process change does not meet the definition of a process 
change in Sec. 63.115(e) of this subpart, or
    (2) The vent stream flow rate is recalculated according to Sec. 
63.115(e) of this subpart and the recalculated value is less than 0.005 
standard cubic meter per minute, or
    (3) The organic HAP concentration of the vent stream is recalculated 
according to Sec. 63.115(e) of this subpart and the recalculated value 
is less than 50 parts per million by volume, or
    (4) The TRE index value is recalculated according to Sec. 63.115(e) 
of this subpart and the recalculated value is greater than 4.0.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2747, Jan. 17, 1997; 66 
FR 6932, Jan. 22, 2001]



Sec. 63.119  Storage vessel provisions--reference control technology.

    (a) For each storage vessel to which this subpart applies, the owner 
or operator shall comply with the requirements of paragraphs (a)(1), 
(a)(2), (a)(3), and (a)(4) of this section according to the schedule 
provisions of Sec. 63.100 of subpart F of this part.
    (1) For each Group 1 storage vessel (as defined in table 5 of this 
subpart for existing sources and table 6 of the subpart for new sources) 
storing a liquid for which the maximum true vapor pressure of the total 
organic hazardous air pollutants in the liquid is less than 76.6 
kilopascals, the owner or operator shall reduce hazardous air pollutants 
emissions to the atmosphere either by operating and maintaining a fixed 
roof and internal floating roof, an external floating roof, an external 
floating roof converted to an internal floating roof, a closed vent 
system and control device, routing the emissions to a process or a fuel 
gas system, or vapor balancing in accordance with the requirements in 
paragraph (b), (c), (d), (e), (f), or (g) of this section, or equivalent 
as provided in Sec. 63.121 of this subpart.
    (2) For each Group 1 storage vessel (as defined in table 5 of this 
subpart for existing sources and table 6 of this subpart for new 
sources) storing a liquid for which the maximum true vapor pressure of 
the total organic hazardous air pollutants in the liquid is greater than 
or equal to 76.6 kilopascals, the owner or operator shall operate and 
maintain a closed vent system and control device meeting the 
requirements specified in paragraph (e) of this section, route the 
emissions to a process or a fuel gas system as specified in paragraph 
(f) of this section, vapor balance as specified in paragraph (g) of this 
section, or equivalent as provided in Sec. 63.121 of this subpart.
    (3) For each Group 2 storage vessel that is not part of an emissions 
average as described in Sec. 63.150 of this subpart, the owner or 
operator shall comply with the recordkeeping requirement in Sec. 
63.123(a) of this subpart and is not required to comply with any other 
provisions in Sec. Sec. 63.119 through 63.123 of this subpart.
    (4) For each Group 2 storage vessel that is part of an emissions 
average, the owner or operator shall comply with the emissions averaging 
provisions in Sec. 63.150 of this subpart.
    (b) The owner or operator who elects to use a fixed roof and an 
internal floating roof, as defined in Sec. 63.111 of this subpart, to 
comply with the requirements of paragraph (a)(1) of this section shall 
comply with the requirements specified in paragraphs (b)(1) through 
(b)(6) of this section.

    Note: The intent of paragraphs (b)(1) and (b)(2) of this section is 
to avoid having a vapor space between the floating roof and the stored 
liquid for extended periods. Storage vessels may be emptied for purposes 
such as routine storage vessel maintenance, inspections, petroleum 
liquid deliveries, or transfer operations. Storage vessels where liquid 
is left on walls, as bottom clingage, or in pools due to floor 
irregularity are considered completely empty.

    (1) The internal floating roof shall be floating on the liquid 
surface at all times except when the floating roof must be supported by 
the leg supports during the periods specified in paragraphs (b)(1)(i) 
through (b)(1)(iii) of this section.
    (i) During the initial fill.
    (ii) After the vessel has been completely emptied and degassed.
    (iii) When the vessel is completely emptied before being 
subsequently refilled.

[[Page 250]]

    (2) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as practical.
    (3) Each internal floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge. Except 
as provided in paragraph (b)(3)(iv) of this section, the closure device 
shall consist of one of the devices listed in paragraph (b)(3)(i), 
(b)(3)(ii), or (b)(3)(iii) of this section.
    (i) A liquid-mounted seal as defined in Sec. 63.111 of this 
subpart.
    (ii) A metallic shoe seal as defined in Sec. 63.111 of this 
subpart.
    (iii) Two seals mounted one above the other so that each forms a 
continuous closure that completely covers the space between the wall of 
the storage vessel and the edge of the internal floating roof. The lower 
seal may be vapor- mounted, but both must be continuous seals.
    (iv) If the internal floating roof is equipped with a vapor-mounted 
seal as of December 31, 1992, the requirement for one of the seal 
options specified in paragraphs (b)(3)(i), (b)(3)(ii), and (b)(3)(iii) 
of this section does not apply until the earlier of the dates specified 
in paragraphs (b)(3)(iv)(A) and (b)(3)(iv)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (4) Automatic bleeder vents are to be closed at all times when the 
roof is floating, except when the roof is being floated off or is being 
landed on the roof leg supports.
    (5) Except as provided in paragraph (b)(5)(viii) of this section, 
each internal floating roof shall meet the specifications listed in 
paragraphs (b)(5)(i) through (b)(5)(vii) of this section.
    (i) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and rim space vents is to 
provide a projection below the liquid surface.
    (ii) Each opening in the internal floating roof except for leg 
sleeves, automatic bleeder vents, rim space vents, column wells, ladder 
wells, sample wells, and stub drains shall be equipped with a cover or 
lid. The cover or lid shall be equipped with a gasket.
    (iii) Each penetration of the internal floating roof for the 
purposes of sampling shall be a sample well. Each sample well shall have 
a slit fabric cover that covers at least 90 percent of the opening.
    (iv) Each automatic bleeder vent shall be gasketed.
    (v) Each rim space vent shall be gasketed.
    (vi) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (vii) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (viii) If the internal floating roof does not meet any one of the 
specifications listed in paragraphs (b)(5)(i) through (b)(5)(vii) of 
this section as of December 31, 1992, the requirement for meeting those 
specifications does not apply until the earlier of the dates specified 
in paragraphs (b)(5)(viii)(A) and (b)(5)(viii)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (6) Each cover or lid on any opening in the internal floating roof 
shall be closed (i.e., no visible gaps), except when the cover or lid 
must be open for access. Covers on each access hatch and each gauge 
float well shall be bolted or fastened so as to be air-tight when they 
are closed. Rim space vents are to be set to open only when the internal 
floating roof is not floating or when the pressure beneath the rim seal 
exceeds the manufacturer's recommended setting.
    (c) The owner or operator who elects to use an external floating 
roof, as defined in Sec. 63.111 of this subpart, to comply with the 
requirements of paragraph (a)(1) of this section shall comply with the 
requirements specified in paragraphs (c)(1) through (c)(4) of this 
section.
    (1) Each external floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge.

[[Page 251]]

    (i) Except as provided in paragraph (c)(1)(iv) of this section, the 
closure device is to consist of two seals, one above the other. The 
lower seal is referred to as the primary seal and the upper seal is 
referred to as the secondary seal.
    (ii) Except as provided in paragraph (c)(1)(v) of this section, the 
primary seal shall be either a metallic shoe seal or a liquid-mounted 
seal.
    (iii) Except during the inspections required by Sec. 63.120(b) of 
this subpart, both the primary seal and the secondary seal shall 
completely cover the annular space between the external floating roof 
and the wall of the storage vessel in a continuous fashion.
    (iv) If the external floating roof is equipped with a liquid-mounted 
or metallic shoe primary seal as of December 31, 1992, the requirement 
for a secondary seal in paragraph (c)(1)(i) of this section does not 
apply until the earlier of the dates specified in paragraphs 
(c)(1)(iv)(A) and (c)(1)(iv)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (v) If the external floating roof is equipped with a vapor-mounted 
primary seal and a secondary seal as of December 31, 1992, the 
requirement for a liquid-mounted or metallic shoe primary seal in 
paragraph (c)(1)(ii) of this section does not apply until the earlier of 
the dates specified in paragraphs (c)(1)(v)(A) and (c)(1)(v)(B) of this 
section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (2) Each external floating roof shall meet the specifications listed 
in paragraphs (c)(2)(i) through (c)(2)(xii) of this section.
    (i) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in the noncontact external floating roof 
shall provide a projection below the liquid surface except as provided 
in paragraph (c)(2)(xii) of this section.
    (ii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof is to be equipped with 
a gasketed cover, seal or lid which is to be maintained in a closed 
position (i.e., no visible gap) at all times except when the cover or 
lid must be open for access. Covers on each access hatch and each gauge 
float well shall be bolted or fastened so as to be air-tight when they 
are closed.
    (iii) Automatic bleeder vents are to be closed at all times when the 
roof is floating, except when the roof is being floated off or is being 
landed on the roof leg supports.
    (iv) Rim space vents are to be set to open only when the roof is 
being floated off the roof leg supports or when the pressure beneath the 
rim seal exceeds the manufacturer's recommended setting.
    (v) Automatic bleeder vents and rim space vents are to be gasketed.
    (vi) Each roof drain that empties into the stored liquid is to be 
provided with a slotted membrane fabric cover that covers at least 90 
percent of the area of the opening.
    (vii) Each unslotted guide pole well shall have a gasketed sliding 
cover or a flexible fabric sleeve seal.
    (viii) Each unslotted guide pole shall have on the end of the pole a 
gasketed cap which is closed at all times except when gauging the liquid 
level or taking liquid samples.
    (ix) Each slotted guide pole well shall have a gasketed sliding 
cover or a flexible fabric sleeve seal.
    (x) Each slotted guide pole shall have a gasketed float or other 
device which closes off the liquid surface from the atmosphere.
    (xi) Each gauge hatch/sample well shall have a gasketed cover which 
is closed at all times except when the hatch or well must be open for 
access.
    (xii) If each opening in a noncontact external floating roof except 
for automatic bleeder vents (vacuum breaker vents) and rim space vents 
does not provide a projection below the liquid surface as of December 
31, 1992, the requirement for providing these projections below the 
liquid surface does not apply until the earlier of the dates specified 
in paragraphs (c)(2)(xii)(A) and (c)(2)(xii)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.

[[Page 252]]

    (B) No later than 10 years after April 22, 1994.

    Note: The intent of paragraphs (c)(3) and (c)(4) of this section is 
to avoid having a vapor space between the floating roof and the stored 
liquid for extended periods. Storage vessels may be emptied for purposes 
such as routine storage vessel maintenance, inspections, petroleum 
liquid deliveries, or transfer operations. Storage vessels where liquid 
is left on walls, as bottom clingage, or in pools due to floor 
irregularity are considered completely empty.

    (3) The external floating roof shall be floating on the liquid 
surface at all times except when the floating roof must be supported by 
the leg supports during the periods specified in paragraphs (c)(3)(i) 
through (c)(3)(iii) of this section.
    (i) During the initial fill.
    (ii) After the vessel has been completely emptied and degassed.
    (iii) When the vessel is completely emptied before being 
subsequently refilled.
    (4) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as practical.
    (d) The owner or operator who elects to use an external floating 
roof converted to an internal floating roof (i.e., fixed roof installed 
above external floating roof) to comply with paragraph (a)(1) of this 
section shall comply with paragraphs (d)(1) and (d)(2) of this section.
    (1) Comply with the requirements for internal floating roof vessels 
specified in paragraphs (b)(1), (2), and (3) of this section; and
    (2) Comply with the requirements for deck fittings that are 
specified for external floating roof vessels in paragraphs (c)(2)(i) 
through (c)(2)(xii) of this section.
    (e) The owner or operator who elects to use a closed vent system and 
control device, as defined in Sec. 63.111 of this subpart, to comply 
with the requirements of paragraph (a)(1) or (a)(2) of this section 
shall comply with the requirements specified in paragraphs (e)(1) 
through (e)(5) of this section.
    (1) Except as provided in paragraph (e)(2) of this section, the 
control device shall be designed and operated to reduce inlet emissions 
of total organic HAP by 95 percent or greater. If a flare is used as the 
control device, it shall meet the specifications described in the 
general control device requirements of Sec. 63.11(b) of subpart A of 
this part.
    (2) If the owner or operator can demonstrate that a control device 
installed on a storage vessel on or before December 31, 1992 is designed 
to reduce inlet emissions of total organic HAP by greater than or equal 
to 90 percent but less than 95 percent, then the control device is 
required to be operated to reduce inlet emissions of total organic HAP 
by 90 percent or greater.
    (3) Periods of planned routine maintenance of the control device, 
during which the control device does not meet the specifications of 
paragraph (e)(1) or (e)(2) of this section, as applicable, shall not 
exceed 240 hours per year.
    (4) The specifications and requirements in paragraphs (e)(1) and 
(e)(2) of this section for control devices do not apply during periods 
of planned routine maintenance.
    (5) The specifications and requirements in paragraphs (e)(1) and 
(e)(2) of this section for control devices do not apply during a control 
system malfunction.
    (6) An owner or operator may use a combination of control devices to 
achieve the required reduction of total organic hazardous air pollutants 
specified in paragraph (e)(1) of this section. An owner or operator may 
use a combination of control devices installed on a storage vessel on or 
before December 31, 1992 to achieve the required reduction of total 
organic hazardous air pollutants specified in paragraph (e)(2) of this 
section.
    (f) The owner or operator who elects to route emissions to a fuel 
gas system or to a process, as defined in Sec. 63.111 of this subpart, 
to comply with the requirements of paragraph (a)(1) or (a)(2) of this 
section shall comply with the requirements in paragraphs (f)(1) through 
(f)(3) of this section, as applicable.
    (1) If emissions are routed to a fuel gas system, there is no 
requirement to conduct a performance test or design evaluation. If 
emissions are routed to a

[[Page 253]]

process, the organic hazardous air pollutants in the emissions shall 
predominantly meet one of, or a combination of, the ends specified in 
paragraphs (f)(1)(i) through (f)(1)(iv) of this section. The owner or 
operator shall comply with the compliance demonstration requirements in 
Sec. 63.120(f).
    (i) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not 
organic hazardous air pollutants;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (2) If the emissions are conveyed by a system other than hard-
piping, any conveyance system operated under positive pressure shall be 
subject to the requirements of Sec. 63.148 of this subpart.
    (3) The fuel gas system or process shall be operating at all times 
when organic hazardous air pollutants emissions are routed to it except 
as provided in Sec. 63.102(a)(1) of subpart F of this part and in 
paragraphs (f)(3)(i) through (f)(3)(iii) of this section. Whenever the 
owner or operator by-passes the fuel gas system or process, the owner or 
operator shall comply with the recordkeeping requirement in Sec. 
63.123(h) of this subpart. Bypassing is permitted if the owner or 
operator complies with one or more of the conditions specified in 
paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
    (i) The liquid level in the storage vessel is not increased;
    (ii) The emissions are routed through a closed-vent system to a 
control device complying with Sec. 63.119(e) of this subpart; or
    (iii) The total aggregate amount of time during which the emissions 
by-pass the fuel gas system or process during the calendar year without 
being routed to a control device, for all reasons (except start-ups/
shutdowns/malfunctions or product changeovers of flexible operation 
units and periods when the storage vessel has been emptied and 
degassed), does not exceed 240 hours.
    (g) The owner or operator who elects to vapor balance to comply with 
the requirements of paragraphs (a)(1) and (2) of this section shall 
comply with paragraphs (g)(1) through (7) of this section and the 
recordkeeping requirements of Sec. 63.123(i).
    (1) The vapor balancing system must be designed and operated to 
route organic HAP vapors displaced from loading of the storage tank to 
the railcar, tank truck, or barge from which the storage tank is filled.
    (2) Tank trucks and railcars must have a current certification in 
accordance with the U.S. Department of Transportation pressure test 
requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for 
railcars. Barges must have a current certification of vapor-tightness 
through testing in accordance with 40 CFR 63.565.
    (3) Hazardous air pollutants must only be unloaded from tank trucks 
or railcars when vapor collection systems are connected to the storage 
tank's vapor collection system.
    (4) No pressure relief device on the storage tank, or on the railcar 
or tank truck, shall open during loading or as a result of diurnal 
temperature changes (breathing losses).
    (5) Pressure relief devices must be set to no less than 2.5 psig at 
all times to prevent breathing losses. Pressure relief devices may be 
set at values less than 2.5 psig if the owner or operator provides 
rationale in the notification of compliance status report explaining why 
the alternative value is sufficient to prevent breathing losses at all 
times. The owner or operator shall comply with paragraphs (g)(5)(i) 
through (iii) of this section for each pressure relief valve.
    (i) The pressure relief valve shall be monitored quarterly using the 
method described in Sec. 63.180(b).
    (ii) An instrument reading of 500 ppmv or greater defines a leak.
    (iii) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 5 days after it is detected, and the 
owner or operator shall comply with the recordkeeping requirements of 
Sec. 63.181(d)(1) through (4).
    (6) Railcars, tank trucks, or barges that deliver HAP to a storage 
tank must be reloaded or cleaned at a facility that utilizes the control 
techniques specified in paragraph (g)(6)(i) or (ii) of this section.

[[Page 254]]

    (i) The railcar, tank truck, or barge must be connected to a closed-
vent system with a control device that reduces inlet emissions of HAP by 
95 percent by weight or greater.
    (ii) A vapor balancing system designed and operated to collect 
organic HAP vapor displaced from the tank truck, railcar, or barge 
during reloading must be used to route the collected HAP vapor to the 
storage tank from which the liquid being transferred originated.
    (7) The owner or operator of the facility where the railcar, tank 
truck, or barge is reloaded or cleaned must comply with paragraphs 
(g)(7)(i) through (iii) of this section.
    (i) Submit to the owner or operator of the storage tank and to the 
Administrator a written certification that the reloading or cleaning 
facility will meet the requirements of this section. The certifying 
entity may revoke the written certification by sending a written 
statement to the owner or operator of the storage tank giving at least 
90 days notice that the certifying entity is rescinding acceptance of 
responsibility for compliance with the requirements of this paragraph 
(g)(7).
    (ii) If complying with paragraph (g)(6)(i) of this section, comply 
with the requirements for closed vent system and control device 
specified in Sec. Sec. 63.119 through 63.123. The notification and 
reporting requirements in Sec. 63.122 do not apply to the owner or 
operator of the offsite cleaning or reloading facility.
    (iii) If complying with paragraph (g)(6)(ii) of this section, keep 
the records specified in Sec. 63.123(i)(3).
    (iv) After the compliance dates specified in Sec. 63.100(k) at an 
offsite reloading or cleaning facility subject to paragraph (g) of this 
section, compliance with the monitoring, recordkeeping, and reporting 
provisions of any other subpart of this part 63 constitutes compliance 
with the monitoring, recordkeeping, and reporting provisions of 
paragraph (g)(7)(ii) or paragraph (g)(7)(iii) of this section. You must 
identify in your Notification of Compliance Status report required by 
Sec. 63.152(b), the subpart to the part 63 with which the owner or 
operator of the reloading or cleaning facility complies.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2747, Jan. 17, 1997; 69 
FR 76863, Dec. 23, 2004; 71 FR 76614, Dec. 21, 2006]



Sec. 63.120  Storage vessel provisions--procedures to determine compliance.

    (a) To demonstrate compliance with Sec. 63.119(b) of this subpart 
(storage vessel equipped with a fixed roof and internal floating roof) 
or with Sec. 63.119(d) of this subpart (storage vessel equipped with an 
external floating roof converted to an internal floating roof), the 
owner or operator shall comply with the requirements in paragraphs 
(a)(1) through (a)(7) of this section.
    (1) The owner or operator shall visually inspect the internal 
floating roof, the primary seal, and the secondary seal (if one is in 
service), according to the schedule specified in paragraphs (a)(2) and 
(a)(3) of this section.
    (2) For vessels equipped with a single-seal system, the owner or 
operator shall perform the inspections specified in paragraphs (a)(2)(i) 
and (a)(2)(ii) of this section.
    (i) Visually inspect the internal floating roof and the seal through 
manholes and roof hatches on the fixed roof at least once every 12 
months after initial fill, or at least once every 12 months after the 
compliance date specified in Sec. 63.100 of subpart F of this part.
    (ii) Visually inspect the internal floating roof, the seal, gaskets, 
slotted membranes, and sleeve seals (if any) each time the storage 
vessel is emptied and degassed, and at least once every 10 years after 
the compliance date specified in Sec. 63.100 of subpart F of this part.
    (3) For vessels equipped with a double-seal system as specified in 
Sec. 63.119(b)(3)(iii) of this subpart, the owner or operator shall 
perform either the inspection required in paragraph (a)(3)(i) of this 
section or the inspections required in both paragraphs (a)(3)(ii) and 
(a)(3)(iii) of this section.
    (i) The owner or operator shall visually inspect the internal 
floating roof, the primary seal, the secondary seal, gaskets, slotted 
membranes, and sleeve seals (if any) each time the storage vessel is 
emptied and degassed and at least

[[Page 255]]

once every 5 years after the compliance date specified in Sec. 63.100 
of subpart F of this part; or
    (ii) The owner or operator shall visually inspect the internal 
floating roof and the secondary seal through manholes and roof hatches 
on the fixed roof at least once every 12 months after initial fill, or 
at least once every 12 months after the compliance date specified in 
Sec. 63.100 of subpart F of this part, and
    (iii) Visually inspect the internal floating roof, the primary seal, 
the secondary seal, gaskets, slotted membranes, and sleeve seals (if 
any) each time the vessel is emptied and degassed and at least once 
every 10 years after the compliance date specified in Sec. 63.100 of 
subpart F of this part.
    (4) If during the inspections required by paragraph (a)(2)(i) or 
(a)(3)(ii) of this section, the internal floating roof is not resting on 
the surface of the liquid inside the storage vessel and is not resting 
on the leg supports; or there is liquid on the floating roof; or the 
seal is detached; or there are holes or tears in the seal fabric; or 
there are visible gaps between the seal and the wall of the storage 
vessel, the owner or operator shall repair the items or empty and remove 
the storage vessel from service within 45 calendar days. If a failure 
that is detected during inspections required by paragraph (a)(2)(i) or 
(a)(3)(ii) of this section cannot be repaired within 45 calendar days 
and if the vessel cannot be emptied within 45 calendar days, the owner 
or operator may utilize up to 2 extensions of up to 30 additional 
calendar days each. Documentation of a decision to utilize an extension 
shall include a description of the failure, shall document that 
alternate storage capacity is unavailable, and shall specify a schedule 
of actions that will ensure that the control equipment will be repaired 
or the vessel will be emptied as soon as practical.
    (5) Except as provided in paragraph (a)(6) of this section, for all 
the inspections required by paragraphs (a)(2)(ii), (a)(3)(i), and 
(a)(3)(iii) of this section, the owner or operator shall notify the 
Administrator in writing at least 30 calendar days prior to the 
refilling of each storage vessel to afford the Administrator the 
opportunity to have an observer present.
    (6) If the inspection required by paragraph (a)(2)(ii), (a)(3)(i), 
or (a)(3)(iii) of this section is not planned and the owner or operator 
could not have known about the inspection 30 calendar days in advance of 
refilling the vessel, the owner or operator shall notify the 
Administrator at least 7 calendar days prior to the refilling of the 
storage vessel. Notification may be made by telephone and immediately 
followed by written documentation demonstrating why the inspection was 
unplanned. Alternatively, the notification including the written 
documentation may be made in writing and sent so that it is received by 
the Administrator at least 7 calendar days prior to refilling.
    (7) If during the inspections required by paragraph (a)(2)(ii), 
(a)(3)(i), or (a)(3)(iii) of this section, the internal floating roof 
has defects; or the primary seal has holes, tears, or other openings in 
the seal or the seal fabric; or the secondary seal has holes, tears, or 
other openings in the seal or the seal fabric; or the gaskets no longer 
close off the liquid surface from the atmosphere; or the slotted 
membrane has more than 10 percent open area, the owner or operator shall 
repair the items as necessary so that none of the conditions specified 
in this paragraph exist before refilling the storage vessel with organic 
HAP.
    (b) To demonstrate compliance with Sec. 63.119(c) of this subpart 
(storage vessel equipped with an external floating roof), the owner or 
operator shall comply with the requirements specified in paragraphs 
(b)(1) through (b)(10) of this section.
    (1) Except as provided in paragraph (b)(7) of this section, the 
owner or operator shall determine the gap areas and maximum gap widths 
between the primary seal and the wall of the storage vessel, and the 
secondary seal and the wall of the storage vessel according to the 
frequency specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this 
section.
    (i) For an external floating roof vessel equipped with primary and 
secondary seals, measurements of gaps between the vessel wall and the 
primary

[[Page 256]]

seal shall be performed during the hydrostatic testing of the vessel or 
by the compliance date specified in Sec. 63.100 of subpart F of this 
part, whichever occurs last, and at least once every 5 years thereafter.
    (ii) For an external floating roof vessel equipped with a liquid-
mounted or metallic shoe primary seal and without a secondary seal as 
provided for in Sec. 63.119(c)(1)(iv) of this subpart, measurements of 
gaps between the vessel wall and the primary seal shall be performed by 
the compliance date specified in Sec. 63.100 of subpart F of this part 
and at least once per year thereafter, until a secondary seal is 
installed. When a secondary seal is installed above the primary seal, 
measurements of gaps between the vessel wall and both the primary and 
secondary seals shall be performed within 90 calendar days of 
installation of the secondary seal, and according to the frequency 
specified in paragraphs (b)(1)(i) and (b)(1)(iii) of this section 
thereafter.
    (iii) For an external floating roof vessel equipped with primary and 
secondary seals, measurements of gaps between the vessel wall and the 
secondary seal shall be performed by the compliance date specified in 
Sec. 63.100 of subpart F of this part and at least once per year 
thereafter.
    (iv) If any storage vessel ceases to store organic HAP for a period 
of 1 year or more, or if the maximum true vapor pressure of the total 
organic HAP's in the stored liquid falls below the values defining Group 
1 storage vessels specified in table 5 or table 6 of this subpart for a 
period of 1 year or more, measurements of gaps between the vessel wall 
and the primary seal, and gaps between the vessel wall and the secondary 
seal shall be performed within 90 calendar days of the vessel being 
refilled with organic HAP.
    (2) Except as provided in paragraph (b)(7) of this section, the 
owner or operator shall determine gap widths and gap areas in the 
primary and secondary seals (seal gaps) individually by the procedures 
described in paragraphs (b)(2)(i) through (b)(2)(iii) of this section.
    (i) Seal gaps, if any, shall be measured at one or more floating 
roof levels when the roof is not resting on the roof leg supports.
    (ii) Seal gaps, if any, shall be measured around the entire 
circumference of the vessel in each place where an 0.32 centimeter (\1/
8\ inch) diameter uniform probe passes freely (without forcing or 
binding against the seal) between the seal and the wall of the storage 
vessel. The circumferential distance of each such location shall also be 
measured.
    (iii) The total surface area of each gap described in paragraph 
(b)(2)(ii) of this section shall be determined by using probes of 
various widths to measure accurately the actual distance from the vessel 
wall to the seal and multiplying each such width by its respective 
circumferential distance.
    (3) The owner or operator shall add the gap surface area of each gap 
location for the primary seal and divide the sum by the nominal diameter 
of the vessel. The accumulated area of gaps between the vessel wall and 
the primary seal shall not exceed 212 square centimeters per meter of 
vessel diameter and the width of any portion of any gap shall not exceed 
3.81 centimeters.
    (4) The owner or operator shall add the gap surface area of each gap 
location for the secondary seal and divide the sum by the nominal 
diameter of the vessel. The accumulated area of gaps between the vessel 
wall and the secondary seal shall not exceed 21.2 square centimeters per 
meter of vessel diameter and the width of any portion of any gap shall 
not exceed 1.27 centimeters. These seal gap requirements may be exceeded 
during the measurement of primary seal gaps as required by paragraph 
(b)(1)(i) and (b)(1)(ii) of this section.
    (5) The primary seal shall meet the additional requirements 
specified in paragraphs (b)(5)(i) and (b)(5)(ii) of this section.
    (i) Where a metallic shoe seal is in use, one end of the metallic 
shoe shall extend into the stored liquid and the other end shall extend 
a minimum vertical distance of 61 centimeters above the stored liquid 
surface.
    (ii) There shall be no holes, tears, or other openings in the shoe, 
seal fabric, or seal envelope.
    (6) The secondary seal shall meet the additional requirements 
specified in

[[Page 257]]

paragraphs (b)(6)(i) and (b)(6)(ii) of this section.
    (i) The secondary seal shall be installed above the primary seal so 
that it completely covers the space between the roof edge and the vessel 
wall except as provided in paragraph (b)(4) of this section.
    (ii) There shall be no holes, tears, or other openings in the seal 
or seal fabric.
    (7) If the owner or operator determines that it is unsafe to perform 
the seal gap measurements required in paragraphs (b)(1) and (b)(2) of 
this section or to inspect the vessel to determine compliance with 
paragraphs (b)(5) and (b)(6) of this section because the floating roof 
appears to be structurally unsound and poses an imminent or potential 
danger to inspecting personnel, the owner or operator shall comply with 
the requirements in either paragraph (b)(7)(i) or (b)(7)(ii) of this 
section.
    (i) The owner or operator shall measure the seal gaps or inspect the 
storage vessel no later than 30 calendar days after the determination 
that the roof is unsafe, or
    (ii) The owner or operator shall empty and remove the storage vessel 
from service no later than 45 calendar days after determining that the 
roof is unsafe. If the vessel cannot be emptied within 45 calendar days, 
the owner or operator may utilize up to 2 extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize an 
extension shall include an explanation of why it was unsafe to perform 
the inspection or seal gap measurement, shall document that alternate 
storage capacity is unavailable, and shall specify a schedule of actions 
that will ensure that the vessel will be emptied as soon as practical.
    (8) The owner or operator shall repair conditions that do not meet 
requirements listed in paragraphs (b)(3), (b)(4), (b)(5), and (b)(6) of 
this section (i.e., failures) no later than 45 calendar days after 
identification, or shall empty and remove the storage vessel from 
service no later than 45 calendar days after identification. If during 
seal gap measurements required in paragraph (b)(1) and (b)(2) of this 
section or during inspections necessary to determine compliance with 
paragraphs (b)(5) and (b)(6) of this section a failure is detected that 
cannot be repaired within 45 calendar days and if the vessel cannot be 
emptied within 45 calendar days, the owner or operator may utilize up to 
2 extensions of up to 30 additional calendar days each. Documentation of 
a decision to utilize an extension shall include a description of the 
failure, shall document that alternate storage capacity is unavailable, 
and shall specify a schedule of actions that will ensure that the 
control equipment will be repaired or the vessel will be emptied as soon 
as practical.
    (9) The owner or operator shall notify the Administrator in writing 
30 calendar days in advance of any gap measurements required by 
paragraph (b)(1) or (b)(2) of this section to afford the Administrator 
the opportunity to have an observer present.
    (10) The owner or operator shall visually inspect the external 
floating roof, the primary seal, secondary seal, and fittings each time 
the vessel is emptied and degassed.
    (i) If the external floating roof has defects; the primary seal has 
holes, tears, or other openings in the seal or the seal fabric; or the 
secondary seal has holes, tears, or other openings in the seal or the 
seal fabric; or the gaskets no longer close off the liquid surface from 
the atmosphere; or the slotted membrane has more than 10 percent open 
area, the owner or operator shall repair the items as necessary so that 
none of the conditions specified in this paragraph exist before filling 
or refilling the storage vessel with organic HAP.
    (ii) Except as provided in paragraph (b)(10)(iii) of this section, 
for all the inspections required by paragraph (b)(10) of this section, 
the owner or operator shall notify the Administrator in writing at least 
30 calendar days prior to filling or refilling of each storage vessel 
with organic HAP to afford the Administrator the opportunity to inspect 
the storage vessel prior to refilling.
    (iii) If the inspection required by paragraph (b)(10) of this 
section is not planned and the owner or operator could not have known 
about the inspection 30 calendar days in advance of refilling the vessel 
with organic HAP,

[[Page 258]]

the owner or operator shall notify the Administrator at least 7 calendar 
days prior to refilling of the storage vessel. Notification may be made 
by telephone and immediately followed by written documentation 
demonstrating why the inspection was unplanned. Alternatively, this 
notification including the written documentation may be made in writing 
and sent so that it is received by the Administrator at least 7 calendar 
days prior to the refilling.
    (c) To demonstrate compliance with Sec. 63.119(d) of this subpart 
(storage vessel equipped with an external floating roof converted to an 
internal floating roof), the owner or operator shall comply with the 
requirements of paragraph (a) of this section.
    (d) To demonstrate compliance with Sec. 63.119(e) of this subpart 
(storage vessel equipped with a closed vent system and control device) 
using a control device other than a flare, the owner or operator shall 
comply with the requirements in paragraphs (d)(1) through (d)(7) of this 
section, except as provided in paragraph (d)(8) of this section.
    (1) The owner or operator shall either prepare a design evaluation, 
which includes the information specified in paragraph (d)(1)(i) of this 
section, or submit the results of a performance test as described in 
paragraph (d)(1)(ii) of this section.
    (i) The design evaluation shall include documentation demonstrating 
that the control device being used achieves the required control 
efficiency during reasonably expected maximum filling rate. This 
documentation is to include a description of the gas stream which enters 
the control device, including flow and organic HAP content under varying 
liquid level conditions, and the information specified in paragraphs 
(d)(1)(i)(A) through (d)(1)(i)(E) of this section, as applicable.
    (A) If the control device receives vapors, gases or liquids, other 
than fuels, from emission points other than storage vessels subject to 
this subpart, the efficiency demonstration is to include consideration 
of all vapors, gases, and liquids, other than fuels, received by the 
control device.
    (B) If an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760 [deg]C is used to meet 
the emission reduction requirement specified in Sec. 63.119 (e)(1) or 
(e)(2), as applicable, documentation that those conditions exist is 
sufficient to meet the requirements of paragraph (d)(1)(i) of this 
section.
    (C) Except as provided in paragraph (d)(1)(i)(B) of this section, 
for thermal incinerators, the design evaluation shall include the 
autoignition temperature of the organic HAP, the flow rate of the 
organic HAP emission stream, the combustion temperature, and the 
residence time at the combustion temperature.
    (D) For carbon adsorbers, the design evaluation shall include the 
affinity of the organic HAP vapors for carbon, the amount of carbon in 
each bed, the number of beds, the humidity of the feed gases, the 
temperature of the feed gases, the flow rate of the organic HAP emission 
stream, the desorption schedule, the regeneration stream pressure or 
temperature, and the flow rate of the regeneration stream. For vacuum 
desorption, pressure drop shall be included.
    (E) For condensers, the design evaluation shall include the final 
temperature of the organic HAP vapors, the type of condenser, and the 
design flow rate of the organic HAP emission stream.
    (ii) If the control device used to comply with Sec. 63.119(e) of 
this subpart is also used to comply with Sec. 63.113(a)(2), Sec. 
63.126(b)(1), or Sec. 63.139(c) of this subpart, the performance test 
required by Sec. 63.116(c), Sec. 63.128(a), or Sec. 63.139(d)(1) of 
this subpart is acceptable to demonstrate compliance with Sec. 
63.119(e) of this subpart. The owner or operator is not required to 
prepare a design evaluation for the control device as described in 
paragraph (d)(1)(i) of this section, if the performance tests meets the 
criteria specified in paragraphs (d)(1)(ii)(A) and (d)(1)(ii)(B) of this 
section.
    (A) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 63.119 (e)(1) or (e)(2) of this subpart, as 
applicable; and
    (B) The performance test is submitted as part of the Notification of

[[Page 259]]

Compliance Status required by Sec. 63.151(b) of this subpart.
    (2) The owner or operator shall submit, as part of the Notification 
of Compliance Status required by Sec. 63.151 (b) of this subpart, a 
monitoring plan containing the information specified in paragraph 
(d)(2)(i) of this section and in either (d)(2)(ii) or (d)(2)(iii) of 
this section.
    (i) A description of the parameter or parameters to be monitored to 
ensure that the control device is being properly operated and 
maintained, an explanation of the criteria used for selection of that 
parameter (or parameters), and the frequency with which monitoring will 
be performed (e.g., when the liquid level in the storage vessel is being 
raised); and either
    (ii) The documentation specified in paragraph (d)(1)(i) of this 
section, if the owner or operator elects to prepare a design evaluation; 
or
    (iii) The information specified in paragraph (d)(2)(iii) (A) and (B) 
of this section if the owner or operator elects to submit the results of 
a performance test.
    (A) Identification of the storage vessel and control device for 
which the performance test will be submitted, and
    (B) Identification of the emission point(s) that share the control 
device with the storage vessel and for which the performance test will 
be conducted.
    (3) The owner or operator shall submit, as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart, the 
information specified in paragraphs (d)(3)(i) and, if applicable, 
(d)(3)(ii) of this section.
    (i) The operating range for each monitoring parameter identified in 
the monitoring plan. The specified operating range shall represent the 
conditions for which the control device is being properly operated and 
maintained.
    (ii) Results of the performance test described in paragraph 
(d)(1)(ii) of this section.
    (4) The owner or operator shall demonstrate compliance with the 
requirements of Sec. 63.119(e)(3) of this subpart (planned routine 
maintenance of a control device, during which the control device does 
not meet the specifications of Sec. 63.119 (e)(1) or (e)(2) of this 
subpart, as applicable, shall not exceed 240 hours per year) by 
including in each Periodic Report required by Sec. 63.152(c) of this 
subpart the information specified in Sec. 63.122(g)(1) of this subpart.
    (5) The owner or operator shall monitor the parameters specified in 
the Notification of Compliance Status required in Sec. 63.152(b) of 
this subpart or in the operating permit and shall operate and maintain 
the control device such that the monitored parameters remain within the 
ranges specified in the Notification of Compliance Status.
    (6) Except as provided in paragraph (d)(7) of this section, each 
closed vent system shall be inspected as specified in Sec. 63.148 of 
this subpart. The initial and annual inspections required by Sec. 
63.148(b) of this subpart shall be done during filling of the storage 
vessel.
    (7) For any fixed roof tank and closed vent system that are operated 
and maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (8) A design evaluation or performance test is not required, if the 
owner or operator uses a combustion device meeting the criteria in 
paragraph (d)(8)(i), (d)(8)(ii), (d)(8)(iii), or (d)(8)(iv) of this 
section.
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (ii) A boiler or process heater burning hazardous waste for which 
the owner or operator:
    (A) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (B) Has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H.
    (iii) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (iv) A boiler or process heater into which the vent stream is 
introduced with the primary fuel.

[[Page 260]]

    (e) To demonstrate compliance with Sec. 63.119(e) of this subpart 
(storage vessel equipped with a closed vent system and control device) 
using a flare, the owner or operator shall comply with the requirements 
in paragraphs (e)(1) through (e)(6) of this section.
    (1) The owner or operator shall perform the compliance determination 
specified in Sec. 63.11(b) of subpart A of this part.
    (2) The owner or operator shall submit, as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart, the 
information specified in paragraphs (e)(2)(i) through (e)(2)(iii) of 
this section.
    (i) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination required by paragraph (e)(1) of this section; 
and
    (iii) All periods during the compliance determination when the pilot 
flame is absent.
    (3) The owner or operator shall demonstrate compliance with the 
requirements of Sec. 63.119(e)(3) of this subpart (planned routine 
maintenance of a flare, during which the flare does not meet the 
specifications of Sec. 63.119(e)(1) of this subpart, shall not exceed 
240 hours per year) by including in each Periodic Report required by 
Sec. 63.152(c) of this subpart the information specified in Sec. 
63.122(g)(1) of this subpart.
    (4) The owner or operator shall continue to meet the general control 
device requirements specified in Sec. 63.11(b) of subpart A of this 
part.
    (5) Except as provided in paragraph (e)(6) of this section, each 
closed vent system shall be inspected as specified in Sec. 63.148 of 
this subpart. The inspections required to be performed in accordance 
with Sec. 63.148(c) of this subpart shall be done during filling of the 
storage vessel.
    (6) For any fixed roof tank and closed vent system that is operated 
and maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (f) To demonstrate compliance with Sec. 63.119(f) of this subpart 
(storage vessel routed to a process), the owner or operator shall 
prepare a design evaluation (or engineering assessment) that 
demonstrates the extent to which one or more of the ends specified in 
Sec. 63.119(f)(1)(i) through (f)(1)(iv) are being met. The owner or 
operator shall submit the design evaluation as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart.

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



Sec. 63.121  Storage vessel provisions--alternative means of emission 

limitation.

    (a) Determination of equivalence to the reduction in emissions 
achieved by the requirements of Sec. 63.119 (b), (c), or (d) of this 
subpart will be evaluated according to Sec. 63.102(b) of subpart F of 
this part.
    (b) The determination of equivalence referred to in paragraph (a) of 
this section will be based on the application to the Administrator which 
shall include the information specified in either paragraph (b)(1) or 
(b)(2) of this section.
    (1) Actual emissions tests that use full-size or scale-model storage 
vessels that accurately collect and measure all organic HAP emissions 
from a given control technique, and that accurately simulate wind and 
account for other emission variables such as temperature and barometric 
pressure, or
    (2) An engineering analysis that the Administrator determines is an 
accurate method of determining equivalence.



Sec. 63.122  Storage vessel provisions--reporting.

    (a) For each Group 1 storage vessel, the owner or operator shall 
comply with the requirements of paragraphs (a)(1) through (a)(5) of this 
section.
    (1) The owner or operator shall submit an Initial Notification as 
required by Sec. 63.151(b) of this subpart.
    (2) [Reserved]

[[Page 261]]

    (3) The owner or operator shall submit a Notification of Compliance 
Status as required by Sec. 63.152(b) of this subpart and shall submit 
as part of the Notification of Compliance Status the information 
specified in paragraph (c) of this section.
    (4) The owner or operator shall submit Periodic Reports as required 
by Sec. 63.152(c) of this subpart and shall submit as part of the 
Periodic Reports the information specified in paragraphs (d), (e), (f), 
and (g) of this section.
    (5) The owner or operator shall submit, as applicable, other reports 
as required by Sec. 63.152(d) of this subpart, containing the 
information specified in paragraph (h) of this section.
    (b) An owner or operator who elects to comply with Sec. 63.119(e) 
of this subpart by using a closed vent system and a control device other 
than a flare shall submit, as part of the Monitoring Plan, the 
information specified in Sec. 63.120(d)(2)(i) of this subpart and the 
information specified in either Sec. 63.120(d)(2)(ii) of this subpart 
or Sec. 63.120(d)(2)(iii) of this subpart.
    (c) An owner or operator who elects to comply with Sec. 63.119(e) 
of this subpart by using a closed vent system and a control device shall 
submit, as part of the Notification of Compliance Status required by 
Sec. 63.152(b) of this subpart, the information specified in either 
paragraph (c)(1) or (c)(2) of this section. An owner or operator who 
elects to comply with Sec. 63.119(f) of this subpart by routing 
emissions to a process or to a fuel gas system shall submit, as part of 
the Notification of Compliance Status required by Sec. 63.152(b) of 
this subpart, the information specified in paragraph (c)(3) of this 
section.
    (1) If a control device other than a flare is used, the owner or 
operator shall submit the information specified in Sec. 63.120(d)(3)(i) 
and, if applicable, (d)(3)(ii) of this subpart.
    (2) If a flare is used, the owner or operator shall submit the 
information specified in Sec. 63.120(e)(2)(i), (e)(2)(ii), and 
(e)(2)(iii) of this subpart.
    (3) If emissions are routed to a process, the owner or operator 
shall submit the information specified in Sec. 63.120(f). If emissions 
are routed to a fuel gas system, the owner or operator shall submit a 
statement that the emission stream is connected to the fuel gas system 
and whether the conveyance system is subject to the requirements of 
Sec. 63.148.
    (d) An owner or operator who elects to comply with Sec. 63.119(b) 
of this subpart by using a fixed roof and an internal floating roof or 
with Sec. 63.119(d) of this subpart by using an external floating roof 
converted to an internal floating roof shall submit, as part of the 
Periodic Report required under Sec. 63.152(c) of this subpart, the 
results of each inspection conducted in accordance with Sec. 63.120(a) 
of this subpart in which a failure is detected in the control equipment.
    (1) For vessels for which annual inspections are required under 
Sec. 63.120 (a)(2)(i) or (a)(3)(ii) of this subpart, the specifications 
and requirements listed in paragraphs (d)(1)(i) through (d)(1)(iii) of 
this section apply.
    (i) A failure is defined as any time in which the internal floating 
roof is not resting on the surface of the liquid inside the storage 
vessel and is not resting on the leg supports; or there is liquid on the 
floating roof; or the seal is detached from the internal floating roof; 
or there are holes, tears, or other openings in the seal or seal fabric; 
or there are visible gaps between the seal and the wall of the storage 
vessel.
    (ii) Except as provided in paragraph (d)(1)(iii) of this section, 
each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made or the date the 
storage vessel was emptied.
    (iii) If an extension is utilized in accordance with Sec. 
63.120(a)(4) of this subpart, the owner or operator shall, in the next 
Periodic Report, identify the vessel; include the documentation 
specified in Sec. 63.120(a)(4) of this subpart; and describe the date 
the storage vessel was emptied and the nature of and date the repair was 
made.
    (2) For vessels for which inspections are required under Sec. 
63.120 (a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of this subpart, the 
specifications and requirements listed in paragraphs (d)(2)(i) and 
(d)(2)(ii) of this section apply.

[[Page 262]]

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

[[Page 263]]

during the next 6 months. This description shall include the type of 
maintenance necessary, planned frequency of maintenance, and lengths of 
maintenance periods.
    (ii) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during those 6 months that the control device did 
not meet the requirements of Sec. 63.119 (e)(1) or (e)(2) of this 
subpart, as applicable, due to planned routine maintenance.
    (2) If a control device other than a flare is used, the Periodic 
Report shall describe each occurrence when the monitored parameters were 
outside of the parameter ranges documented in the Notification of 
Compliance Status in accordance with Sec. 63.120(d)(3)(i) of this 
subpart. The description shall include the information specified in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
    (i) Identification of the control device for which the measured 
parameters were outside of the established ranges, and
    (ii) Cause for the measured parameters to be outside of the 
established ranges.
    (3) If a flare is used, the Periodic Report shall describe each 
occurrence when the flare does not meet the general control device 
requirements specified in Sec. 63.11(b) of subpart A of this part and 
shall include the information specified in paragraphs (g)(3)(i) and 
(g)(3)(ii) of this section.
    (i) Identification of the flare which does not meet the general 
requirements specified in Sec. 63.11(b) of subpart A of this part, and
    (ii) Reason the flare did not meet the general requirements 
specified in Sec. 63.11(b) of subpart A of this part.
    (h) An owner or operator who elects to comply with Sec. 63.119 (b), 
(c), or (d) of this subpart shall submit, as applicable, the reports 
specified in paragraphs (h)(1) and (h)(2) of this section.
    (1) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator shall notify the Administrator 
of the refilling of a storage vessel that has been emptied and degassed.
    (i) If the storage vessel is equipped with an internal floating roof 
as specified in Sec. 63.119(b) of this subpart, the notification shall 
meet the requirements of either Sec. 63.120 (a)(5) or (a)(6) of this 
subpart, as applicable.
    (ii) If the storage vessel is equipped with an external floating 
roof as specified in Sec. 63.119(c) of this subpart, the notification 
shall meet the requirements of either Sec. 63.120 (b)(10)(ii) or 
(b)(10)(iii) of this subpart, as applicable.
    (iii) If the storage vessel is equipped with an external floating 
roof converted into an internal floating roof as specified in Sec. 
63.119(d) of this subpart, the notification shall meet the requirements 
of either Sec. 63.120 (a)(5) or (a)(6) of this subpart, as applicable.
    (2) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator of a storage vessel equipped 
with an external floating roof as specified in Sec. 63.119(c) of this 
subpart shall notify the Administrator of any seal gap measurements. 
This notification shall meet the requirements of Sec. 63.120(b)(9) of 
this subpart.

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



Sec. 63.123  Storage vessel provisions--recordkeeping.

    (a) Each owner or operator of a Group 1 or Group 2 storage vessel 
shall keep readily accessible records showing the dimensions of the 
storage vessel and an analysis showing the capacity of the storage 
vessel. This record shall be kept as long as the storage vessel retains 
Group 1 or Group 2 status and is in operation. For each Group 2 storage 
vessel, the owner or operator is not required to comply with any other 
provisions of Sec. Sec. 63.119 through 63.123 of this subpart other 
than those required by this paragraph unless such vessel is part of an 
emissions average as described in Sec. 63.150 of this subpart.
    (b) [Reserved]
    (c) An owner or operator who elects to comply with Sec. 63.119(b) 
of this subpart shall keep a record that each inspection required by 
Sec. 63.120(a) of this subpart was performed.

[[Page 264]]

    (d) An owner or operator who elects to comply with Sec. 63.119(c) 
of this subpart shall keep records describing the results of each seal 
gap measurement made in accordance with Sec. 63.120(b) of this subpart. 
The records shall include the date of the measurement, the raw data 
obtained in the measurement, and the calculations described in Sec. 
63.120(b) (3) and (4) of this subpart.
    (e) An owner or operator who elects to comply with Sec. 63.119(d) 
of this subpart shall keep a record that each inspection required by 
Sec. 63.120 (a) and (c) of this subpart was performed.
    (f) An owner or operator who elects to comply with Sec. 63.119(e) 
of this subpart shall keep in a readily accessible location the records 
specified in paragraphs (f)(1) and (f)(2) of this section.
    (1) A record of the measured values of the parameters monitored in 
accordance with Sec. 63.120(d)(5) of this subpart.
    (2) A record of the planned routine maintenance performed on the 
control device including the duration of each time the control device 
does not meet the specifications of Sec. 63.119 (e)(1) or (e)(2) of 
this subpart, as applicable, due to the planned routine maintenance. 
Such a record shall include the information specified in paragraphs 
(f)(2)(i) and (f)(2)(ii) of this section.
    (i) The first time of day and date the requirements of Sec. 63.119 
(e)(1) or (e)(2) of this subpart, as applicable, were not met at the 
beginning of the planned routine maintenance, and
    (ii) The first time of day and date the requirements of Sec. 63.119 
(e)(1) or (e)(2) of this subpart, as applicable, were met at the 
conclusion of the planned routine maintenance.
    (g) An owner or operator who elects to utilize an extension in 
emptying a storage vessel in accordance with Sec. 63.120 (a)(4), 
(b)(7)(ii), or (b)(8) of this subpart shall keep in a readily accessible 
location, the documentation specified in Sec. 63.120 (a)(4), 
(b)(7)(ii), or (b)(8), as applicable.
    (h) An owner or operator who uses the by-pass provisions of Sec. 
63.119(f)(3) of this subpart shall keep in a readily accessible location 
the records specified in paragraphs (h)(1) through (h)(3) of this 
section.
    (1) The reason it was necessary to by-pass the process equipment or 
fuel gas system;
    (2) The duration of the period when the process equipment or fuel 
gas system was by-passed;
    (3) Documentation or certification of compliance with the applicable 
provisions of Sec. 63.119(f)(3)(i) through Sec. 63.119(f)(3)(iii).
    (i) An owner or operator who elects to comply with Sec. 63.119(g) 
shall keep the records specified in paragraphs (i)(1) through (3) of 
this section.
    (1) A record of the U.S. Department of Transportation certification 
required by Sec. 63.119(g)(2).
    (2) A record of the pressure relief vent setting specified in Sec. 
63.119(g)(5).
    (3) If complying with Sec. 63.119(g)(6)(ii), keep the records 
specified in paragraphs (i)(3)(i) and (ii) of this section.
    (i) A record of the equipment to be used and the procedures to be 
followed when reloading the railcar, tank truck, or barge and displacing 
vapors to the storage tank from which the liquid originates.
    (ii) A record of each time the vapor balancing system is used to 
comply with Sec. 63.119(g)(6)(ii).

[59 FR 19468, Apr. 22, 1996, as amended at 61 FR 64576, Dec. 5, 1996; 62 
FR 2748, Jan. 17, 1997; 69 FR 76863, Dec. 23, 2004]



Sec. Sec. 63.124-63.125  [Reserved]



Sec. 63.126  Transfer operations provisions--reference control technology.

    (a) For each Group 1 transfer rack the owner or operator shall equip 
each transfer rack with a vapor collection system and control device.
    (1) Each vapor collection system shall be designed and operated to 
collect the organic hazardous air pollutants vapors displaced from tank 
trucks or railcars during loading, and to route the collected hazardous 
air pollutants vapors to a process, or to a fuel gas system, or to a 
control device as provided in paragraph (b) of this section.
    (2) Each vapor collection system shall be designed and operated such 
that organic HAP vapors collected at one loading arm will not pass 
through another loading arm in the rack to the atmosphere.

[[Page 265]]

    (3) Whenever organic hazardous air pollutants emissions are vented 
to a process, fuel gas system, or control device used to comply with the 
provisions of this subpart, the process, fuel gas system, or control 
device shall be operating.
    (b) For each Group 1 transfer rack the owner or operator shall 
comply with paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this section.
    (1) Use a control device to reduce emissions of total organic 
hazardous air pollutants by 98 weight-percent or to an exit 
concentration of 20 parts per million by volume, whichever is less 
stringent. For combustion devices, the emission reduction or 
concentration shall be calculated on a dry basis, corrected to 3-percent 
oxygen. If a boiler or process heater is used to comply with the percent 
reduction requirement, then the vent stream shall be introduced into the 
flame zone of such a device. Compliance may be achieved by using any 
combination of combustion, recovery, and/or recapture devices.
    (2) Reduce emissions of organic HAP's using a flare.
    (i) The flare shall comply with the requirements of Sec. 63.11(b) 
of subpart A of this part.
    (ii) Halogenated vent streams, as defined in Sec. 63.111 of this 
subpart, shall not be vented to a flare.
    (3) Reduce emissions of organic hazardous air pollutants using a 
vapor balancing system designed and operated to collect organic 
hazardous air pollutants vapors displaced from tank trucks or railcars 
during loading; and to route the collected hazardous air pollutants 
vapors to the storage vessel from which the liquid being loaded 
originated, or to another storage vessel connected to a common header, 
or to compress and route to a process collected hazardous air pollutants 
vapors.
    (4) Route emissions of organic hazardous air pollutants to a fuel 
gas system or to a process where the organic hazardous air pollutants in 
the emissions shall predominantly meet one of, or a combination of, the 
ends specified in paragraphs (b)(4)(i) through (b)(4)(iv) of this 
section.
    (i) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not 
organic hazardous air pollutants;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (c) For each Group 2 transfer rack, the owner or operator shall 
maintain records as required in Sec. 63.130(f). No other provisions for 
transfer racks apply to the Group 2 transfer rack.
    (d) Halogenated emission streams from Group 1 transfer racks that 
are combusted shall be controlled according to paragraph (d)(1) or 
(d)(2) of this section. Determination of whether a vent stream is 
halogenated shall be made using procedures in (d)(3).
    (1) If a combustion device is used to comply with paragraph (b)(1) 
of this section for a halogenated vent stream, then the vent stream 
exiting the combustion device shall be ducted to a halogen reduction 
device, including, but not limited to, a scrubber before it is 
discharged to the atmosphere.
    (i) Except as provided in paragraph (d)(1)(ii) of this section, the 
halogen reduction device shall reduce overall emissions of hydrogen 
halides and halogens, as defined in Sec. 63.111 of this subpart, by 99 
percent or shall reduce the outlet mass emission rate of total hydrogen 
halides and halogens to 0.45 kilograms per hour or less, whichever is 
less stringent.
    (ii) If a scrubber or other halogen reduction device was installed 
prior to December 31, 1992, the halogen reduction device shall reduce 
overall emissions of hydrogen halides and halogens, as defined in Sec. 
63.111 of this subpart, by 95 percent or shall reduce the outlet mass of 
total hydrogen halides and halogens to less than 0.45 kilograms per 
hour, whichever is less stringent.
    (2) A halogen reduction device, such as a scrubber, or other 
technique may be used to make the vent stream non-halogenated by 
reducing the vent stream halogen atom mass emission rate to less than 
0.45 kilograms per hour prior to any combustion control device used to 
comply with the requirements of paragraphs (b)(1) or (b)(2) of this 
section.
    (3) In order to determine whether a vent stream is halogenated, the 
mass

[[Page 266]]

emission rate of halogen atoms contained in organic compounds shall be 
calculated.
    (i) The vent stream concentration of each organic compound 
containing halogen atoms (parts per million by volume by compound) shall 
be determined based on the following procedures:
    (A) Process knowledge that no halogen or hydrogen halides are 
present in the process, or
    (B) Applicable engineering assessment as specified in Sec. 
63.115(d)(1)(iii) of this subpart, or
    (C) Concentration of organic compounds containing halogens measured 
by Method 18 of 40 CFR part 60, appendix A, or
    (D) Any other method or data that has been validated according to 
the applicable procedures in Method 301 of appendix A of this part.
    (ii) The following equation shall be used to calculate the mass 
emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR22AP94.211

where:

E=Mass of halogen atoms, dry basis, kilograms per hour.
K2=Constant, 2.494 x 10-6 (parts per 
          million)-1 (kilogram-mole per standard cubic meter) 
          (minute/hour), where standard temperature is 20 [deg]C.
Cj=Concentration of halogenated compound j in the gas stream, 
          dry basis, parts per million by volume.
Mji=Molecular weight of halogen atom i in compound j of the 
          gas stream, kilogram per kilogram-mole.
Lji=Number of atoms of halogen i in compound j of the gas 
          stream.
Vs=Flow rate of gas stream, dry standard cubic meters per 
          minute, determined according to Sec. 63.128(a)(8) of this 
          subpart.
j=Halogenated compound j in the gas stream.
i=Halogen atom i in compound j of the gas stream.
n=Number of halogenated compounds j in the gas stream.
m=Number of different halogens i in each compound j of the gas stream.

    (e) For each Group 1 transfer rack the owner or operator shall load 
organic HAP's into only tank trucks and railcars which:
    (1) Have a current certification in accordance with the U. S. 
Department of Transportation pressure test requirements of 49 CFR part 
180 for tank trucks and 49 CFR 173.31 for railcars; or
    (2) Have been demonstrated to be vapor-tight within the preceding 12 
months, as determined by the procedures in Sec. 63.128(f) of this 
subpart. Vapor-tight means that the truck or railcar tank will sustain a 
pressure change of not more than 750 pascals within 5 minutes after it 
is pressurized to a minimum of 4,500 pascals.
    (f) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall load organic HAP's to only tank trucks 
or railcars equipped with vapor collection equipment that is compatible 
with the transfer rack's vapor collection system.
    (g) The owner or operator of a transfer rack subject to this subpart 
shall load organic HAP's to only tank trucks or railcars whose 
collection systems are connected to the transfer rack's vapor collection 
systems.
    (h) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall ensure that no pressure-relief device 
in the transfer rack's vapor collection system or in the organic 
hazardous air pollutants loading equipment of each tank truck or railcar 
shall begin to open during loading. Pressure relief devices needed for 
safety purposes are not subject to this paragraph.
    (i) Each valve in the vent system that would divert the vent stream 
to the atmosphere, either directly or indirectly, shall be secured in a 
non-diverting position using a carseal or a lock-and-key type 
configuration, or shall be equipped with a flow indicator. Equipment 
such as low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, and pressure relief devices needed for safety purposes 
is not subject to this paragraph.

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



Sec. 63.127  Transfer operations provisions--monitoring requirements.

    (a) Each owner or operator of a Group 1 transfer rack equipped with 
a combustion device used to comply with

[[Page 267]]

the 98 percent total organic hazardous air pollutants reduction or 20 
parts per million by volume outlet concentration requirements in Sec. 
63.126(b)(1) of this subpart shall install, calibrate, maintain, and 
operate according to the manufacturers' specifications (or other written 
procedures that provide adequate assurance that the equipment would 
reasonably be expected to monitor accurately) the monitoring equipment 
specified in paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this 
section, as appropriate.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the firebox or in 
the ductwork immediately downstream of the firebox in a position before 
any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used, a device (including but not limited to a 
thermocouple, infrared sensor, or an ultra-violet beam sensor) capable 
of continuously detecting the presence of a pilot flame is required.
    (3) Where a boiler or process heater with a design heat input 
capacity less than 44 megawatts is used, a temperature monitoring device 
in the firebox equipped with a continuous recorder is required. Any 
boiler or process heater in which all vent streams are introduced with 
the primary fuel or are used as the primary fuel is exempt from this 
requirement.
    (4) Where a scrubber is used with an incinerator, boiler, or process 
heater in the case of halogenated vent streams, the following monitoring 
equipment is required for the scrubber:
    (i) A pH monitoring device equipped with a continuous recorder shall 
be installed to monitor the pH of the scrubber effluent.
    (ii) A flow meter equipped with a continuous recorder shall be 
located at the scrubber influent for liquid flow. Gas stream flow shall 
be determined using one of the procedures specified in paragraphs 
(a)(4)(ii)(A) through (a)(4)(ii)(C) of this section.
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart 
specified in Sec. 63.100(k) of subpart F of this part, the owner or 
operator may determine gas stream flow by the method that had been 
utilized to comply with those regulations. A determination that was 
conducted prior to the compliance date for this subpart may be utilized 
to comply with this subpart if it is still representative.
    (C) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method which will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method which will at least provide 
a value for either a representative or the highest gas stream flow 
anticipated in the scrubber during representative operating conditions 
other than start-ups, shutdowns, or malfunctions. The plan shall include 
a description of the methodology to be followed and an explanation of 
how the selected methodology will reliably determine the gas stream 
flow, and a description of the records that will be maintained to 
document the determination of gas stream flow. The owner or operator 
shall maintain the plan as specified in Sec. 63.103(c).
    (b) Each owner or operator of a Group 1 transfer rack that uses a 
recovery device or recapture device to comply with the 98-percent 
organic hazardous air pollutants reduction or 20 parts per million by 
volume hazardous air pollutants concentration requirements in Sec. 
63.126(b)(1) of this subpart shall install either an organic monitoring 
device equipped with a continuous recorder, or the monitoring equipment 
specified in paragraph (b)(1), (b)(2), or (b)(3) of this section, 
depending on the type of recovery device or recapture device used. All 
monitoring

[[Page 268]]

equipment shall be installed, calibrated, and maintained according to 
the manufacturer's specifications or other written procedures that 
provide adequate assurance that the equipment would reasonably be 
expected to monitor accurately.
    (1) Where an absorber is used, a scrubbing liquid temperature 
monitoring device equipped with a continuous recorder shall be used; and 
a specific gravity monitoring device equipped with a continuous recorder 
shall be used.
    (2) Where a condenser is used, a condenser exit (product side) 
temperature monitoring device equipped with a continuous recorder shall 
be used.
    (3) Where a carbon adsorber is used, an integrating regeneration 
stream flow monitoring device having an accuracy of 10 percent or better, capable of recording the total 
regeneration stream mass flow for each regeneration cycle; and a carbon 
bed temperature monitoring device, capable of recording the temperature 
of the carbon bed after regeneration and within 15 minutes of completing 
any cooling cycle shall be used.
    (c) An owner or operator of a Group 1 transfer rack may request 
approval to monitor parameters other than those listed in paragraph (a) 
or (b) of this section. The request shall be submitted according to the 
procedures specified in Sec. 63.151(f) or Sec. 63.152(e) of this 
subpart. Approval shall be requested if the owner or operator:
    (1) Seeks to demonstrate compliance with the standards specified in 
Sec. 63.126(b) of this subpart with a control device other than an 
incinerator, boiler, process heater, flare, absorber, condenser, or 
carbon adsorber; or
    (2) Uses one of the control devices listed in paragraphs (a) and (b) 
of this section, but seeks to monitor a parameter other than those 
specified in paragraphs (a) and (b) of this subpart.
    (d) The owner or operator of a Group 1 transfer rack using a vent 
system that contains by-pass lines that could divert a vent stream flow 
away from the control device used to comply with Sec. 63.126(b) of this 
subpart shall comply with paragraph (d)(1) or (d)(2) of this section. 
Equipment such as low leg drains, high point bleeds, analyzer vents, 
open-ended valves or lines, and pressure relief valves needed for safety 
purposes are not subject to this paragraph.
    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.130(b) of this subpart. The flow 
indicator shall be installed at the entrance to any by-pass line that 
could divert the vent stream away from the control device to the 
atmosphere; or
    (2) Secure the by-pass line valve in the closed position with a car-
seal or a lock-and-key type configuration.
    (i) A visual inspection of the seal or closure mechanism shall be 
performed at least once every month to ensure that the valve is 
maintained in the closed position and the vent stream is not diverted 
through the by-pass line.
    (ii) If a car-seal has been broken or a valve position changed, the 
owner or operator shall record that the vent stream has been diverted. 
The car-seal or lock-and-key combination shall be returned to the 
secured position as soon as practicable but not later than 15 calendar 
days after the change in position is detected.
    (e) The owner or operator shall establish a range that indicates 
proper operation of the control device for each parameter monitored 
under paragraphs (a), (b), and (c) of this section. In order to 
establish the range, the information required in Sec. 63.152(b)(2) of 
this subpart shall be submitted in the Notification of Compliance Status 
or the operating permit application or amendment.

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



Sec. 63.128  Transfer operations provisions--test methods and procedures.

    (a) A performance test is required for determining compliance with 
the reduction of total organic HAP emissions in Sec. 63.126(b) of this 
subpart for all control devices except as specified in paragraph (c) of 
this section. Performance test procedures are as follows:
    (1) For control devices shared between transfer racks and process 
vents, the performance test procedures in Sec. 63.116(c) of this 
subpart shall be followed.

[[Page 269]]

    (2) A performance test shall consist of three runs.
    (3) All testing equipment shall be prepared and installed as 
specified in the appropriate test methods.
    (4) For control devices shared between multiple arms that load 
simultaneously, the minimum sampling time for each run shall be 1 hour 
in which either an integrated sample or a minimum of four grab samples 
shall be taken. If grab sampling is used, then the samples shall be 
taken at approximately equal intervals in time, such as 15-minute 
intervals during the run.
    (5) For control devices that are capable of continuous vapor 
processing but do not meet the conditions in (a)(7)(i)(B) of this 
section.
    (A) Sampling sites shall be located at the inlet and outlet of the 
control device, except as provided in paragraph (a)(7)(i)(B) of this 
section.
    (B) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts, selection of paragraph (a)(1) or (a)(4) of this 
section, each run shall represent at least one complete filling period, 
during which liquid organic HAP's are loaded, and samples shall be 
collected using integrated sampling or grab samples taken at least four 
times per hour at approximately equal intervals of time, such as 15-
minute intervals.
    (6) For intermittent vapor processing systems that do not meet the 
conditions in paragraph (a)(1) or (a)(4) of this section, each run shall 
represent at least one complete control device cycle, and samples shall 
be collected using integrated sampling or grab samples taken at least 
four times per hour at approximately equal intervals of time, such as 
15-minute intervals.
    (7) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of sampling sites.
    (i) For an owner or operator complying with the 98-percent total 
organic HAP reduction requirements in Sec. 63.126(b)(1) of this 
subpart, sampling sites shall be located as specified in paragraph 
(a)(7)(i)(A) or (a)(7)(i)(B) of this section.
    (A) Sampling sites shall be located at the inlet and outlet of the 
control device, except as provided in paragraph (a)(7)(i)(B) of this 
section.
    (B) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts, selection of the location of the inlet sampling 
sites shall ensure the measurement of total organic HAP or TOC (minus 
methane and ethane) concentrations in all vent streams and primary and 
secondary fuels introduced into the boiler or process heater. A sampling 
site shall also be located at the outlet of the boiler or process 
heater.
    (ii) For an owner or operator complying with the 20 parts per 
million by volume limit in Sec. 63.126(b)(1) of this subpart, the 
sampling site shall be located at the outlet of the control device.
    (8) The volumetric flow rate, in standard cubic meters per minute at 
20 [deg]C, shall be determined using Method 2, 2A, 2C, or 2D of 40 CFR 
part 60, appendix A as appropriate.
    (9) For the purpose of determining compliance with the 20 parts per 
million by volume limit in Sec. 63.126(b)(1), Method 18 or Method 25A 
of 40 CFR part 60, appendix A shall be used to measure either organic 
compound concentration or organic HAP concentration, except as provided 
in paragraph (a)(11) of this section.
    (i) If Method 25A of 40 CFR part 60, appendix A is used, the 
following procedures shall be used to calculate the concentration of 
organic compounds (CT):
    (A) The principal organic HAP in the vent stream shall be used as 
the calibration gas.
    (B) The span value for Method 25A of 40 CFR part 60, appendix A 
shall be between 1.5 and 2.5 times the concentration being measured.
    (C) Use of Method 25A of 40 CFR part 60, appendix A is acceptable if 
the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (D) The concentration of TOC shall be corrected to 3 percent oxygen 
using the procedures and equation in paragraph (a)(9)(v) of this 
section.

[[Page 270]]

    (ii) If Method 18 of 40 CFR part 60, appendix A is used to measure 
the concentration of organic compounds, the organic compound 
concentration (CT) is the sum of the individual components 
and shall be computed for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.212

where:

CT=Total concentration of organic compounds (minus methane 
          and ethane), dry basis, parts per million by volume.
Cj=Concentration of sample components j, dry basis, parts per 
          million by volume.
n=Number of components in the sample.

    (iii) If an owner or operator uses Method 18 of 40 CFR part 60, 
appendix A to compute total organic HAP concentration rather than 
organic compounds concentration, the equation in paragraph (a)(9)(ii) of 
this section shall be used except that only organic HAP species shall be 
summed. The list of organic HAP's is provided in table 2 of subpart F of 
this part.
    (iv) The emission rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration. The 
sampling site shall be the same as that of the organic hazardous air 
pollutants or organic compound samples, and the samples shall be taken 
during the same time that the organic hazardous air pollutants or 
organic compound samples are taken.
    (v) The organic compound concentration corrected to 3 percent oxygen 
(Cc) shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.213

where:

Cc=Concentration of organic compounds corrected to 3 percent 
          oxygen, dry basis, parts per million by volume.
CT=Total concentration of organic compounds, dry basis, parts 
          per million by volume.
%O2d=Concentration of oxygen, dry basis, percent by volume.

    (10) For the purpose of determining compliance with the 98-percent 
reduction requirement in Sec. 63.126(b)(1) of this subpart, Method 18 
or Method 25A of 40 CFR part 60, appendix A shall be used, except as 
provided in paragraph (a)(11) of this section.
    (i) For the purpose of determining compliance with the reduction 
efficiency requirement, organic compound concentration may be measured 
in lieu of organic HAP concentration.
    (ii) If Method 25A of 40 CFR part 60, appendix A is used to measure 
the concentration of organic compounds (CT), the principal 
organic HAP in the vent stream shall be used as the calibration gas.
    (A) An emission testing interval shall consist of each 15-minute 
period during the performance test. For each interval, a reading from 
each measurement shall be recorded.
    (B) The average organic compound concentration and the volume 
measurement shall correspond to the same emissions testing interval.
    (C) The mass at the inlet and outlet of the control device during 
each testing interval shall be calculated as follows:

 Mj=FKVs CT

where:

Mj=Mass of organic compounds emitted during testing interval 
          j, kilograms.
Vs=Volume of air-vapor mixture exhausted at standard 
          conditions, 20 [deg]C and 760 millimeters mercury, standard 
          cubic meters.
CT=Total concentration of organic compounds (as measured) at 
          the exhaust vent, parts per million by volume, dry basis.
K=Density, kilograms per standard cubic meter organic HAP. 659 kilograms 
          per standard cubic meter organic HAP. (Note: The density term 
          cancels out when the percent reduction is calculated. 
          Therefore, the density used has no effect. The density of 
          hexane is given so that it can be used to maintain the units 
          of Mj.)
F=10-6=Conversion factor, (cubic meters organic HAP per cubic 
          meters air) * (parts per million by volume)-1.

    (D) The organic compound mass emission rates at the inlet and outlet 
of the control device shall be calculated as follows:

[[Page 271]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.214

[GRAPHIC] [TIFF OMITTED] TR22AP94.215

where:

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

    (iii) If Method 18 of 40 CFR part 60, appendix A is used to measure 
organic compounds, the mass rates of organic compounds (Ei, 
Eo) shall be computed using the following equations:
[GRAPHIC] [TIFF OMITTED] TR22AP94.216

[GRAPHIC] [TIFF OMITTED] TR22AP94.217

where:

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

    (iv) Where Method 18 or 25A of 40 CFR part 60, appendix A is used to 
measure the percent reduction in organic compounds, the percent 
reduction across the control device shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.218

where:

R=Control efficiency of control device, percent.
Ei=Mass emitted or mass flow rate of organic compounds at the 
          inlet to the combustion or recovery device as calculated under 
          paragraph (a)(10)(ii)(D) or (a)(10)(iii) of this section, 
          kilogram per hour.
Eo=Mass emitted or mass flow rate of organic compounds at the 
          outlet of the combustion or recovery device, as calculated 
          under paragraph (a)(10)(ii)(D) or (a)(10)(iii) of this 
          section, kilogram per hour.

    (11) The owner or operator may use any methods or data other than 
Method 18 or Method 25A of 40 CFR part 60, appendix A, if the method or 
data has been validated according to Method 301 of appendix A of this 
part.
    (b) When a flare is used to comply with Sec. 63.126(b)(2), the 
owner or operator shall comply with paragraphs (b)(1) through (3) of 
this section. The owner or operator is not required to conduct a 
performance test to determine percent emission reduction or outlet 
organic HAP or TOC concentration.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4). The observation period shall be as specified in 
paragraph (b)(1)(i) or (ii) of this section instead of the 2-hour period 
specified in Sec. 63.11(b)(4).
    (i) If the loading cycle is less than 2 hours, then the observation 
period for that run shall be for the entire loading cycle.
    (ii) If additional loading cycles are initiated within the 2-hour 
period, then visible emission observations shall be conducted for the 
additional cycles.
    (2) Determine the net heating value of the gas being combusted, 
using the techniques specified in Sec. 63.11(b)(6).
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where 
applicable) or Sec. 63.11(b)(8), as appropriate.
    (c) An owner or operator is not required to conduct a performance 
test when any of the conditions specified in

[[Page 272]]

paragraphs (c)(1) through (c)(7) of this section are met.
    (1) When a boiler or process heater with a design heat input 
capacity of 44 megawatts or greater is used.
    (2) When a boiler or process heater burning hazardous waste is used 
for which the owner or operator:
    (i) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266 subpart H.
    (3) When emissions are routed to a fuel gas system or when a boiler 
or process heater is used and the vent stream is introduced with the 
primary fuel.
    (4) When a vapor balancing system is used.
    (5) When emissions are recycled to a chemical manufacturing process 
unit.
    (6) When a transfer rack transfers less than 11.8 million liters per 
year and the owner or operator complies with the requirements in 
paragraph (h) of this section or uses a flare to comply with Sec. 
63.126(b)(2) of this subpart.
    (7) When a hazardous waste incinerator is used for which the owner 
or operator has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 264, subpart O, or has 
certified compliance with the interim status requirements 40 CFR part 
265, subpart O.
    (d) An owner or operator using a combustion device followed by a 
scrubber or other halogen reduction device to control a halogenated 
transfer vent stream in compliance with Sec. 63.126(d) of this subpart 
shall conduct a performance test to determine compliance with the 
control efficiency or emission limits for hydrogen halides and halogens.
    (1) For an owner or operator determining compliance with the percent 
reduction of total hydrogen halides and halogens, sampling sites shall 
be located at the inlet and outlet of the scrubber or other halogen 
reduction device used to reduce halogen emissions. For an owner or 
operator complying with the 0.45 kilogram per hour outlet mass emission 
rate limit for total hydrogen halides and halogens, the sampling site 
shall be located at the outlet of the scrubber or other halogen 
reduction device and prior to release to the atmosphere.
    (2) Except as provided in paragraph (d)(5) of this section, Method 
26 or 26A of 40 CFR part 60, appendix A, shall be used to determine the 
concentration in milligrams per dry standard cubic meter of the hydrogen 
halides and halogens that may be present in the stream. The mass 
emission rate of each hydrogen halide and halogen compound shall be 
calculated from the concentrations and the gas stream flow rate.
    (3) To determine compliance with the percent emissions reduction 
limit, the mass emission rate for any hydrogen halides and halogens 
present at the scrubber inlet shall be summed together. The mass 
emission rate of the compounds present at the scrubber outlet shall be 
summed together. Percent reduction shall be determined by comparison of 
the summed inlet and outlet measurements.
    (4) To demonstrate compliance with the 0.45 kilograms per hour mass 
emission rate limit, the test results must show that the mass emission 
rate of the total hydrogen halides and halogens measured at the scrubber 
outlet is below 0.45 kilograms per hour.
    (5) The owner or operator may use any other method or data to 
demonstrate compliance if the method or data has been validated 
according to the protocol of Method 301 of appendix A of this part.
    (e) The owner or operator shall inspect the vapor collection system 
and vapor balancing system, according to the requirements for vapor 
collection systems in Sec. 63.148 of this subpart.
    (1) Inspections shall be performed only while a tank truck or 
railcar is being loaded.
    (2) For vapor collection systems only, an inspection shall be 
performed prior to each performance test required to demonstrate 
compliance with Sec. 63.126(b)(1) of this subpart.
    (3) For each vapor collection system that is operated and maintained 
under negative pressure, the owner or operator is not required to comply 
with the requirements specified in Sec. 63.148 of this subpart.

[[Page 273]]

    (f) For the purposes of demonstrating vapor tightness to determine 
compliance with Sec. 63.126(e)(2) of this subpart, the following 
procedures and equipment shall be used:
    (1) The pressure test procedures specified in Method 27 of 40 CFR 
part 60, appendix A; and
    (2) A pressure measurement device which has a precision of 
1B2.5 millimeters of mercury or better and which is capable of 
measuring above the pressure at which the tank truck or railcar is to be 
tested for vapor tightness.
    (g) An owner or operator using a scrubber or other halogen reduction 
device to reduce the vent stream halogen atom mass emission rate to less 
than 0.45 kilograms per hour prior to a combustion device used to comply 
with Sec. 63.126(d)(2) shall determine the halogen atom mass emission 
rate prior to the combustor according to the procedures in paragraph 
(d)(3) of this section.
    (h) For transfer racks that transfer less than 11.8 million liters 
per year of liquid organic HAP's, the owner or operator may comply with 
the requirements in paragraphs (h)(1) through (h)(3) of this section 
instead of the requirements in paragraph (a) or (b) of this section.
    (1) The owner or operator shall prepare, as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart, a 
design evaluation that shall document that the control device being used 
achieves the required control efficiency during reasonably expected 
maximum loading conditions. This documentation is to include a 
description of the gas stream which enters the control device, including 
flow and organic HAP content, and the information specified in 
paragraphs (h)(1)(i) through (h)(1)(v) of this section, as applicable.
    (i) If the control device receives vapors, gases, or liquids, other 
than fuels, from emission points other than transfer racks subject to 
this subpart, the efficiency demonstration is to include consideration 
of all vapors, gases, and liquids, other than fuels, received by the 
control device.
    (ii) If an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760 degrees Celsius is used 
to meet the 98-percent emission reduction requirement, documentation 
that those conditions exist is sufficient to meet the requirements of 
paragraph (h)(1) of this section.
    (iii) Except as provided in paragraph (h)(1)(ii) of this section, 
for thermal incinerators, the design evaluation shall include the 
autoignition temperature of the organic HAP, the flow rate of the 
organic HAP emission stream, the combustion temperature, and the 
residence time at the combustion temperature.
    (iv) For carbon adsorbers, the design evaluation shall include the 
affinity of the organic HAP vapors for carbon, the amount of carbon in 
each bed, the number of beds, the humidity of the feed gases, the 
temperature of the feed gases, the flow rate of the organic HAP emission 
stream, the desorption schedule, the regeneration stream pressure or 
temperature, and the flow rate of the regeneration stream. For vacuum 
desorption, pressure drop shall be included.
    (v) For condensers, the design evaluation shall include the final 
temperature of the organic HAP vapors, the type of condenser, and the 
design flow rate of the organic HAP emission stream.
    (2) The owner or operator shall submit, as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart, the 
operating range for each monitoring parameter identified for each 
control device. The specified operating range shall represent the 
conditions for which the control device can achieve the 98-percent-or-
greater emission reduction required by Sec. 63.126(b)(1) of this 
subpart.
    (3) The owner or operator shall monitor the parameters specified in 
the Notification of Compliance Status required in Sec. 63.152(b) of 
this subpart or operating permit and shall operate and maintain the 
control device such that the monitored parameters remain within the 
ranges specified in the Notification of Compliance Status, except as 
provided in Sec. Sec. 63.152(c) and 63.152(f) of this subpart.

[59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62 
FR 2750, Jan. 17, 1997; 66 FR 6932, Jan. 22, 2001]

[[Page 274]]



Sec. 63.129  Transfer operations provisions--reporting and recordkeeping for 

performance tests and notification of compliance status.

    (a) Each owner or operator of a Group 1 transfer rack shall:
    (1) Keep an up-to-date, readily accessible record of the data 
specified in paragraphs (a)(4) through (a)(8) of this section, as 
applicable.
    (2) Include the data specified in paragraphs (a)(4) through (a)(7) 
of this section in the Notification of Compliance Status report as 
specified in Sec. 63.152(b) of this subpart.
    (3) If any subsequent performance tests are conducted after the 
Notification of Compliance Status has been submitted, report the data in 
paragraphs (a)(4) through (a)(7) of this section in the next Periodic 
Report as specified in Sec. 63.152(c) of this subpart.
    (4) Record and report the following when using a control device 
other than a flare to achieve a 98 weight percent reduction in total 
organic HAP or a total organic HAP concentration of 20 parts per million 
by volume, as specified in Sec. 63.126(b)(1) of this subpart:
    (i) The parameter monitoring results for thermal incinerators, 
catalytic incinerators, boilers or process heaters, absorbers, 
condensers, or carbon adsorbers specified in table 7 of this subpart, 
recorded during the performance test, and averaged over the time period 
of the performance testing.
    (ii) The percent reduction of total organic HAP or TOC achieved by 
the control device determined as specified in Sec. 63.128(a) of this 
subpart, or the concentration of total organic HAP or TOC (parts per 
million by volume, by compound) determined as specified in Sec. 
63.128(a) of this subpart at the outlet of the control device. For 
combustion devices, the concentration shall be reported on a dry basis 
corrected to 3 percent oxygen.
    (iii) The parameters shall be recorded at least every 15 minutes.
    (iv) For a boiler or process heater, a description of the location 
at which the vent stream is introduced into the boiler or process 
heater.
    (5) Record and report the following when using a flare to comply 
with Sec. 63.126(b)(2) of this subpart:
    (i) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.128(b) of this subpart; 
and
    (iii) All periods during the compliance determination when the pilot 
flame is absent.
    (6) Record and report the following when using a scrubber following 
a combustion device to control a halogenated vent stream, as specified 
in Sec. 63.126(d) of this subpart:
    (i) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens determined according to the 
procedures in Sec. 63.128(d) of this subpart;
    (ii) The parameter monitoring results for scrubbers specified in 
table 7 of this subpart, and averaged over the time period of the 
performance test; and
    (iii) The parameters shall be recorded at least every 15 minutes.
    (7) Record and report the halogen concentration in the vent stream 
determined according to the procedures as specified in Sec. 63.128(d) 
of this subpart.
    (8) Report that the emission stream is being routed to a fuel gas 
system or a process, when complying using Sec. 63.126(b)(4).
    (b) If an owner or operator requests approval to use a control 
device other than those listed in table 7 of this subpart or to monitor 
a parameter other than those specified in table 7 of this subpart, the 
owner or operator shall submit a description of planned reporting and 
recordkeeping procedures as required under Sec. 63.151(f) or Sec. 
63.152(e) of this subpart. The Administrator will specify appropriate 
reporting and recordkeeping requirements as part of the review of the 
permit application or by other appropriate means.
    (c) For each parameter monitored according to table 7 of this 
subpart or paragraph (b) of this section, the owner or operator shall 
establish a range for the parameter that indicates proper operation of 
the control device. In order to establish the range, the information 
required in Sec. 63.152(b)(2) of this subpart shall be submitted in the 
Notification

[[Page 275]]

of Compliance Status or the operating permit application or amendment.
    (d) Each owner or operator shall maintain a record describing in 
detail the vent system used to vent each affected transfer vent stream 
to a control device. This document shall list all valves and vent pipes 
that could vent the stream to the atmosphere, thereby by-passing the 
control device; identify which valves are secured by car-seals or lock-
and-key type configurations; and indicate the position (open or closed) 
of those valves which have car-seals. Equipment leaks such as low leg 
drains, high point bleeds, analyzer vents, open-ended valves or lines, 
and pressure relief valves needed for safety purposes are not subject to 
this paragraph.
    (e) An owner or operator meeting the requirements of Sec. 63.128(h) 
of this subpart shall submit, as part of the Notification of Compliance 
Status required by Sec. 63.152(b) of this subpart, the information 
specified in Sec. 63.128(h)(1) of this subpart.
    (f) An owner or operator meeting the requirements of Sec. 63.128(h) 
of this subpart shall submit, as part of the Notification of Compliance 
Status required by Sec. 63.152(b) of this subpart, the operating range 
for each monitoring parameter identified for each control device.

[59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62 
FR 2750, Jan. 17, 1997; 64 FR 20191, Apr. 26, 1999]



Sec. 63.130  Transfer operations provisions--periodic recordkeeping and 

reporting.

    (a) Each owner or operator using a control device to comply with 
Sec. 63.126(b)(1) or (b)(2) of this subpart shall keep the following 
up-to-date, readily accessible records:
    (1) While the transfer vent stream is being vented to the control 
device, continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.127 of this subpart, and listed 
in table 7 of this subpart or specified by the Administrator in 
accordance with Sec. Sec. 63.127(c) and 63.129(b). For flares, the 
hourly records and records of pilot flame outages specified in table 7 
shall be maintained in place of continuous records.
    (2) Records of the daily average value of each monitored parameter 
for each operating day determined according to the procedures specified 
in Sec. 63.152(f), except as provided in paragraphs (a)(2)(i) through 
(a)(2)(iii) of this section.
    (i) For flares, records of the times and duration of all periods 
during which the pilot flame is absent shall be kept rather than daily 
averages.
    (ii) If carbon adsorber regeneration stream flow and carbon bed 
regeneration temperature are monitored, the records specified in table 7 
of this subpart shall be kept instead of the daily averages.
    (iii) Records of the duration of all periods when the vent stream is 
diverted through by-pass lines shall be kept rather than daily averages.
    (3) For boilers or process heaters, records of any changes in the 
location at which the vent stream is introduced into the flame zone as 
required under the reduction of total organic HAP emissions in Sec. 
63.126(b)(1) of this subpart.
    (b) If a vapor collection system containing valves that could divert 
the emission stream away from the control device is used, each owner or 
operator of a Group 1 transfer rack subject to the provisions of Sec. 
63.127(d) of this subpart shall keep up-to-date, readily accessible 
records of:
    (1) Hourly records of whether the flow indicator specified under 
Sec. 63.127(d)(1) was operating and whether a diversion was detected at 
any time during the hour, as well as records of the times of all periods 
when the vent stream is diverted from the control device or the flow 
indicator is not operating.
    (2) Where a seal mechanism is used to comply with Sec. 
63.127(d)(2), hourly records of flow are not required. In such cases, 
the owner or operator shall record that the monthly visual inspection of 
the seals or closure mechanisms has been done, and shall record the 
occurrence of all periods when the seal mechanism is broken, the by-pass 
line valve position has changed, or the key for a lock-and-key type lock 
has been checked out, and records of any car-seal that has broken, as 
listed in table 7 of this subpart.

[[Page 276]]

    (c) Each owner or operator of a Group 1 transfer rack who uses a 
flare to comply with Sec. 63.126(b)(2) of this subpart shall keep up-
to-date, readily accessible records of the flare pilot flame monitoring 
specified under Sec. 63.127(a)(2) of this subpart.
    (d) Each owner or operator of a transfer rack subject to the 
requirements of Sec. 63.126 of this subpart shall submit to the 
Administrator Periodic Reports of the following information according to 
the schedule in Sec. 63.152(c) of this subpart:
    (1) Reports of daily average values of monitored parameters for all 
operating days when the daily average values were outside the range 
established in the Notification of Compliance Status or operating 
permit.
    (2) Reports of the duration of periods when monitoring data are not 
collected for each excursion caused by insufficient monitoring data as 
defined in Sec. 63.152(c)(2)(ii)(A) of this subpart.
    (3) Reports of the times and durations of all periods recorded under 
paragraph (b)(1) of this section when the vent stream was diverted from 
the control device.
    (4) Reports of all times recorded under paragraph (b)(2) of this 
section when maintenance is performed on car-sealed valves, when the car 
seal is broken, when the by-pass line valve position is changed, or the 
key for a lock-and-key type configuration has been checked out.
    (5) Reports of the times and durations of all periods recorded under 
paragraph (a)(2)(i) of this section in which all pilot flames of a flare 
were absent.
    (6) Reports of all carbon bed regeneration cycles during which the 
parameters recorded under paragraph (a)(2)(vi) of this section were 
outside the ranges established in the Notification of Compliance Status 
or operating permit.
    (e) The owner or operator of a Group 1 transfer rack shall record 
that the verification of DOT tank certification or Method 27 testing, 
required in Sec. 63.126(e) of this subpart, has been performed. Various 
methods for the record of verification can be used, such as: A check off 
on a log sheet; a list of DOT serial numbers or Method 27 data; or a 
position description for gate security, showing that the security guard 
will not allow any trucks on site that do not have the appropriate 
documentation.
    (f) Each owner or operator of a Group 1 or Group 2 transfer rack 
shall record, update annually, and maintain the information specified in 
paragraphs (f)(1) through (f)(3) of this section in a readily accessible 
location on site:
    (1) An analysis demonstrating the design and actual annual 
throughput of the transfer rack;
    (2) An analysis documenting the weight-percent organic HAP's in the 
liquid loaded. Examples of acceptable documentation include but are not 
limited to analyses of the material and engineering calculations.
    (3) An analysis documenting the annual rack weighted average HAP 
partial pressure of the transfer rack.
    (i) For Group 2 transfer racks that are limited to transfer of 
organic HAP's with partial pressures less than 10.3 kilopascals, 
documentation is required of the organic HAP's (by compound) that are 
transferred. The rack weighted average partial pressure does not need to 
be calculated.
    (ii) For racks transferring one or more organic HAP's with partial 
pressures greater than 10.3 kilopascals, as well as one or more organic 
HAP's with partial pressures less than 10.3 kilopascals, a rack weighted 
partial pressure shall be documented. The rack weighted average HAP 
partial pressure shall be weighted by the annual throughput of each 
chemical transferred.

[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2750, Jan. 17, 1997; 66 
FR 6932, Jan. 22, 2001]



Sec. 63.131  [Reserved]



Sec. 63.132  Process wastewater provisions--general.

    (a) Existing sources. This paragraph specifies the requirements 
applicable to process wastewater streams located at existing sources. 
The owner or operator shall comply with the requirements in paragraphs 
(a)(1) through (a)(3) of this section, no later than the applicable 
dates specified in Sec. 63.100 of subpart F of this part.

[[Page 277]]

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

[[Page 278]]

    (3) Requirements for Group 1 wastewater streams. For wastewater 
streams that are Group 1 for Table 8 compounds and/or Table 9 compounds, 
comply with paragraphs (b)(3)(i) through (b)(3)(iv) of this section.
    (i) Comply with the applicable requirements for wastewater tanks, 
surface impoundments, containers, individual drain systems, and oil/
water separators specified in the requirements of Sec. 63.133 through 
Sec. 63.137 of this subpart, except as provided in paragraphs 
(b)(3)(i)(A) and (b)(3)(i)(B) of this section and Sec. 63.138(a)(3) of 
this subpart.
    (A) The waste management units may be equipped with pressure relief 
devices that vent directly to the atmosphere provided the pressure 
relief device is not used for planned or routine venting of emissions.
    (B) The pressure relief device remains in a closed position at all 
times except when it is necessary for the pressure relief device to open 
for the purpose of preventing physical damage or permanent deformation 
of the waste management unit in accordance with good engineering and 
safety practices.
    (ii) Comply with the applicable requirements for control of Table 8 
compounds specified in Sec. 63.138 of this subpart. Alternatively, the 
owner or operator may elect to comply with the provisions specified in 
Sec. 63.132(g) of this subpart.
    (iii) Comply with the applicable monitoring and inspection 
requirements specified in Sec. 63.143 of this subpart.
    (iv) Comply with the applicable recordkeeping and reporting 
requirements specified in Sec. Sec. 63.146 and 63.147 of this subpart.
    (4) Requirements for Group 2 wastewater streams. For wastewater 
streams that are Group 2 for both table 8 and table 9 compounds, comply 
with the applicable recordkeeping and reporting requirements specified 
in Sec. Sec. 63.146(b)(1) and 63.147(b)(8).
    (c) How to determine Group 1 or Group 2 status for Table 9 
compounds. This paragraph provides instructions for determining whether 
a wastewater stream is Group 1 or Group 2 for Table 9 compounds. Total 
annual average concentration shall be determined according to the 
procedures specified in Sec. 63.144(b) of this subpart. Annual average 
flow rate shall be determined according to the procedures specified in 
Sec. 63.144(c) of this subpart.
    (1) A wastewater stream is a Group 1 wastewater stream for Table 9 
compounds if:
    (i) The total annual average concentration of Table 9 compounds is 
greater than or equal to 10,000 parts per million by weight at any flow 
rate; or
    (ii) The total annual average concentration of Table 9 compounds is 
greater than or equal to 1,000 parts per million by weight and the 
annual average flow rate is greater than or equal to 10 liters per 
minute.
    (2) A wastewater stream is a Group 2 wastewater stream for Table 9 
compounds if it is not a Group 1 wastewater stream for Table 9 compounds 
by the criteria in paragraph (c)(1) of this section.
    (3) The owner or operator of a Group 2 wastewater shall re-determine 
group status for each Group 2 stream, as necessary, to determine whether 
the stream is Group 1 or Group 2 whenever process changes are made that 
could reasonably be expected to change the stream to a Group 1 stream. 
Examples of process changes include, but are not limited to, changes in 
production capacity, production rate, feedstock type, or whenever there 
is a replacement, removal, or addition of recovery or control equipment. 
For purposes of this paragraph (c)(3), process changes do not include: 
Process upsets; unintentional, temporary process changes; and changes 
that are within the range on which the original determination was based.
    (d) How to determine Group 1 or Group 2 status for Table 8 
compounds. This paragraph provides instructions for determining whether 
a wastewater sream is Group 1 or Group 2 for Table 8 compounds. Annual 
average concentration for each Table 8 compound shall be determined 
according to the procedures specified in Sec. 63.144(b) of this 
subpart. Annual average flow rate shall be determined according to the 
procedures specified in Sec. 63.144(c) of this subpart.
    (1) A wastewater stream is a Group 1 wastewater stream for Table 8 
compounds if the annual average flow rate is 0.02 liter per minute or 
greater and the annual average concentration of

[[Page 279]]

any individual table 8 compound is 10 parts per million by weight or 
greater.
    (2) A wastewater stream is a Group 2 wastewater stream for Table 8 
compounds if the annual average flow rate is less than 0.02 liter per 
minute or the annual average concentration for each individual Table 8 
compound is less than 10 parts per million by weight.
    (3) The owner or operator of a Group 2 wastewater shall re-determine 
group status for each Group 2 stream, as necessary, to determine whether 
the stream is Group 1 or Group 2 whenever process changes are made that 
could reasonably be expected to change the stream to a Group 1 stream. 
Examples of process changes include, but are not limited to, changes in 
production capacity, production rate, feedstock type, or whenever there 
is a replacement, removal, or addition of recovery or control equipment. 
For purposes of this paragraph (d)(3), process changes do not include: 
Process upsets; unintentional, temporary process changes; and changes 
that are within the range on which the original determination was based.
    (e) How to designate a Group 1 wastewater stream. The owner or 
operator may elect to designate a wastewater stream a Group 1 wastewater 
stream in order to comply with paragraph (a)(1) or (b)(1) of this 
section. To designate a wastewater stream or a mixture of wastewater 
streams a Group 1 wastewater stream, the procedures specified in 
paragraphs (e)(1) and (e)(2) of this section and Sec. 63.144(a)(2) of 
this subpart shall be followed.
    (1) From the point of determination for each wastewater stream that 
is included in the Group 1 designation to the location where the owner 
or operator elects to designate such wastewater stream(s) as a Group 1 
wastewater stream, the owner or operator shall comply with all 
applicable emission suppression requirements specified in Sec. Sec. 
63.133 through 63.137.
    (2) From the location where the owner or operator designates a 
wastewater stream or mixture of wastewater streams to be a Group 1 
wastewater stream, such Group 1 wastewater stream shall be managed in 
accordance with all applicable emission suppression requirements 
specified in Sec. Sec. 63.133 through 63.137 and with the treatment 
requirements in Sec. 63.138 of this part.
    (f) Owners or operators of sources subject to this subpart shall not 
discard liquid or solid organic materials with a concentration of 
greater than 10,000 parts per million of Table 9 compounds (as 
determined by analysis of the stream composition, engineering 
calculations, or process knowledge, according to the provisions of Sec. 
63.144(b) of this subpart) from a chemical manufacturing process unit to 
water or wastewater, unless the receiving stream is managed and treated 
as a Group 1 wastewater stream. This prohibition does not apply to 
materials from the activities listed in paragraphs (f)(1) through (f)(4) 
of this section.
    (1) Equipment leaks;
    (2) Activities included in maintenance or startup/shutdown/
malfunction plans;
    (3) Spills; or
    (4) Samples of a size not greater than reasonably necessary for the 
method of analysis that is used.
    (g) Off-site treatment or on-site treatment not owned or operated by 
the source. The owner or operator may elect to transfer a Group 1 
wastewater stream or residual removed from a Group 1 wastewater stream 
to an on-site treatment operation not owned or operated by the owner or 
operator of the source generating the wastewater stream or residual, or 
to an off-site treatment operation.
    (1) The owner or operator transferring the wastewater stream or 
residual shall:
    (i) Comply with the provisions specified in Sec. Sec. 63.133 
through 63.137 of this subpart for each waste management unit that 
receives or manages a Group 1 wastewater stream or residual removed from 
a Group 1 wastewater stream prior to shipment or transport.
    (ii) Include a notice with the shipment or transport of each Group 1 
wastewater stream or residual removed from a Group 1 wastewater stream. 
The notice shall state that the wastewater stream or residual contains 
organic hazardous air pollutants that are to be treated in accordance 
with the provisions of this subpart. When the transport is continuous or 
ongoing (for example, discharge to a publicly-owned

[[Page 280]]

treatment works), the notice shall be submitted to the treatment 
operator initially and whenever there is a change in the required 
treatment.
    (2) The owner or operator may not transfer the wastewater stream or 
residual unless the transferee has submitted to the EPA a written 
certification that the transferee will manage and treat any Group 1 
wastewater stream or residual removed from a Group 1 wastewater stream 
received from a source subject to the requirements of this subpart in 
accordance with the requirements of either Sec. Sec. 63.133 through 
63.147, or Sec. 63.102(b) of subpart F, or subpart D of this part if 
alternative emission limitations have been granted the transferor in 
accordance with those provisions. The certifying entity may revoke the 
written certification by sending a written statement to the EPA and the 
owner or operator giving at least 90 days notice that the certifying 
entity is rescinding acceptance of responsibility for compliance with 
the regulatory provisions listed in this paragraph. Upon expiration of 
the notice period, the owner or operator may not transfer the wastewater 
stream or residual to the treatment operation.
    (3) By providing this written certification to the EPA, the 
certifying entity accepts responsibility for compliance with the 
regulatory provisions listed in paragraph (g)(2) of this section with 
respect to any shipment of wastewater or residual covered by the written 
certification. Failure to abide by any of those provisions with respect 
to such shipments may result in enforcement action by the EPA against 
the certifying entity in accordance with the enforcement provisions 
applicable to violations of these provisions by owners or operators of 
sources.
    (4) Written certifications and revocation statements, to the EPA 
from the transferees of wastewater or residuals shall be signed by the 
responsible official of the certifying entity, provide the name and 
address of the certifying entity, and be sent to the appropriate EPA 
Regional Office at the addresses listed in 40 CFR 63.13. Such written 
certifications are not transferable by the treater.

[62 FR 2751, Jan. 17, 1997, as amended at 66 FR 6933, Jan. 22, 2001; 71 
FR 76614, Dec. 21, 2006]



Sec. 63.133  Process wastewater provisions--wastewater tanks.

    (a) For each wastewater tank that receives, manages, or treats a 
Group 1 wastewater stream or a residual removed from a Group 1 
wastewater stream, the owner or operator shall comply with the 
requirements of either paragraph (a)(1) or (a)(2) of this section as 
specified in table 10 of this subpart.
    (1) The owner or operator shall operate and maintain a fixed roof 
except that if the wastewater tank is used for heating wastewater, or 
treating by means of an exothermic reaction or the contents of the tank 
is sparged, the owner or operator shall comply with the requirements 
specified in paragraph (a)(2) of this section.
    (2) The owner or operator shall comply with the requirements in 
paragraphs (b) through (h) of this section and shall operate and 
maintain one of the emission control techniques listed in paragraphs 
(a)(2)(i) through (a)(2)(iv) of this section.
    (i) A fixed roof and a closed-vent system that routes the organic 
hazardous air pollutants vapors vented from the wastewater tank to a 
control device.
    (ii) A fixed roof and an internal floating roof that meets the 
requirements specified in Sec. 63.119(b) of this subpart;
    (iii) An external floating roof that meets the requirements 
specified in Sec. Sec. 63.119(c), 63.120(b)(5), and 63.120(b)(6) of 
this subpart; or
    (iv) An equivalent means of emission limitation. Determination of 
equivalence to the reduction in emissions achieved by the requirements 
of paragraphs (a)(2)(i) through (a)(2)(iii) of this section will be 
evaluated according to Sec. 63.102(b) of subpart F of this part. The 
determination will be based on the application to the Administrator 
which shall include the information specified in either paragraph 
(a)(2)(iv)(A) or (a)(2)(iv)(B) of this section.
    (A) Actual emissions tests that use full-size or scale-model 
wastewater tanks that accurately collect and

[[Page 281]]

measure all organic hazardous air pollutants emissions from a given 
control technique, and that accurately simulate wind and account for 
other emission variables such as temperature and barometric pressure, or
    (B) An engineering evaluation that the Administrator determines is 
an accurate method of determining equivalence.
    (b) If the owner or operator elects to comply with the requirements 
of paragraph (a)(2)(i) of this section, the fixed roof shall meet the 
requirements of paragraph (b)(1) of this section, the control device 
shall meet the requirements of paragraph (b)(2) of this section, and the 
closed-vent system shall meet the requirements of paragraph (b)(3) of 
this section.
    (1) The fixed-roof shall meet the following requirements:
    (i) Except as provided in paragraph (b)(4) of this section, the 
fixed roof and all openings (e.g., access hatches, sampling ports, and 
gauge wells) shall be maintained in accordance with the requirements 
specified in Sec. 63.148 of this subpart.
    (ii) Each opening shall be maintained in a closed position (e.g., 
covered by a lid) at all times that the wastewater tank contains a Group 
1 wastewater stream or residual removed from a Group 1 wastewater stream 
except when it is necessary to use the opening for wastewater sampling, 
removal, or for equipment inspection, maintenance, or repair.
    (2) The control device shall be designed, operated, and inspected in 
accordance with the requirements of Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (b)(4) of this section, the 
closed-vent system shall be inspected in accordance with the 
requirements of Sec. 63.148 of this subpart.
    (4) For any fixed roof tank and closed-vent system that is operated 
and maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (c) If the owner or operator elects to comply with the requirements 
of paragraph (a)(2)(ii) of this section, the floating roof shall be 
inspected according to the procedures specified in Sec. 63.120(a)(2) 
and (a)(3) of this subpart.
    (d) Except as provided in paragraph (e) of this section, if the 
owner or operator elects to comply with the requirements of paragraph 
(a)(2)(iii) of this section, seal gaps shall be measured according to 
the procedures specified in Sec. 63.120(b)(2)(i) through (b)(4) of this 
subpart and the wastewater tank shall be inspected to determine 
compliance with Sec. 63.120(b)(5) and (b)(6) of this subpart.
    (e) If the owner or operator determines that it is unsafe to perform 
the seal gap measurements specified in Sec. 63.120(b)(2)(i) through 
(b)(4) of this subpart or to inspect the wastewater tank to determine 
compliance with Sec. 63.120(b)(5) and (b)(6) of this subpart because 
the floating roof appears to be structurally unsound and poses an 
imminent or potential danger to inspecting personnel, the owner or 
operator shall comply with the requirements in either paragraph (e)(1) 
or (e)(2) of this section.
    (1) The owner or operator shall measure the seal gaps or inspect the 
wastewater tank within 30 calendar days of the determination that the 
floating roof is unsafe, or
    (2) The owner or operator shall empty and remove the wastewater tank 
from service within 45 calendar days of determining that the roof is 
unsafe. If the wastewater tank cannot be emptied within 45 calendar 
days, the owner or operator may utilize up to two extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize an 
extension shall include an explanation of why it was unsafe to perform 
the inspection or seal gap measurement, shall document that alternate 
storage capacity is unavailable, and shall specify a schedule of actions 
that will ensure that the wastewater tank will be emptied as soon as 
practical.
    (f) Except as provided in paragraph (e) of this section, each 
wastewater tank shall be inspected initially, and semi-annually 
thereafter, for improper work practices in accordance with Sec. 63.143 
of this subpart. For wastewater tanks, improper work practice includes, 
but is not limited to, leaving open any access door or other opening

[[Page 282]]

when such door or opening is not in use.
    (g) Except as provided in paragraph (e) of this section, each 
wastewater tank shall be inspected for control equipment failures as 
defined in paragraph (g)(1) of this section according to the schedule in 
paragraphs (g)(2) and (g)(3) of this section.
    (1) Control equipment failures for wastewater tanks include, but are 
not limited to, the conditions specified in paragraphs (g)(1)(i) through 
(g)(1)(ix) of this section.
    (i) The floating roof is not resting on either the surface of the 
liquid or on the leg supports.
    (ii) There is stored liquid on the floating roof.
    (iii) A rim seal is detached from the floating roof.
    (iv) There are holes, tears, cracks or gaps in the rim seal or seal 
fabric of the floating roof.
    (v) There are visible gaps between the seal of an internal floating 
roof and the wall of the wastewater tank.
    (vi) There are gaps between the metallic shoe seal or the liquid 
mounted primary seal of an external floating roof and the wall of the 
wastewater tank that exceed 212 square centimeters per meter of tank 
diameter or the width of any portion of any gap between the primary seal 
and the tank wall exceeds 3.81 centimeters.
    (vii) There are gaps between the secondary seal of an external 
floating roof and the wall of the wastewater tank that exceed 21.2 
square centimeters per meter of tank diameter or the width of any 
portion of any gap between the secondary seal and the tank wall exceeds 
1.27 centimeters.
    (viii) Where a metallic shoe seal is used on an external floating 
roof, one end of the metallic shoe does not extend into the stored 
liquid or one end of the metallic shoe does not extend a minimum 
vertical distance of 61 centimeters above the surface of the stored 
liquid.
    (ix) A gasket, joint, lid, cover, or door has a crack or gap, or is 
broken.
    (2) The owner or operator shall inspect for the control equipment 
failures in paragraphs (g)(1)(i) through (g)(1)(viii) of this section 
according to the schedule specified in paragraphs (c) and (d) of this 
section.
    (3) The owner or operator shall inspect for the control equipment 
failures in paragraph (g)(1)(ix) of this section initially, and semi-
annually thereafter.
    (h) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification. If a failure that is detected during 
inspections required by this section cannot be repaired within 45 
calendar days and if the vessel cannot be emptied within 45 calendar 
days, the owner or operator may utilize up to 2 extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize an 
extension shall include a description of the failure, shall document 
that alternate storage capacity is unavailable, and shall specify a 
schedule of actions that will ensure that the control equipment will be 
repaired or the vessel will be emptied as soon as practical.

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



Sec. 63.134  Process wastewater provisions--surface impoundments.

    (a) For each surface impoundment that receives, manages, or treats a 
Group 1 wastewater stream or a residual removed from a Group 1 
wastewater stream, the owner or operator shall comply with the 
requirements of paragraphs (b), (c), and (d) of this section.
    (b) The owner or operator shall operate and maintain on each surface 
impoundment either a cover (e.g., air-supported structure or rigid 
cover) and a closed-vent system that routes the organic hazardous air 
pollutants vapors vented from the surface impoundment to a control 
device in accordance with paragraph (b)(1) of this section, or a 
floating flexible membrane cover as specified in paragraph (b)(2) of 
this section.
    (1) The cover and all openings shall meet the following 
requirements:
    (i) Except as provided in paragraph (b)(4) of this section, the 
cover and all

[[Page 283]]

openings (e.g., access hatches, sampling ports, and gauge wells) shall 
be maintained in accordance with the requirements specified in Sec. 
63.148 of this subpart.
    (ii) Each opening shall be maintained in a closed position (e.g., 
covered by a lid) at all times that a Group 1 wastewater stream or 
residual removed from a Group 1 wastewater stream is in the surface 
impoundment except when it is necessary to use the opening for sampling, 
removal, or for equipment inspection, maintenance, or repair.
    (iii) The cover shall be used at all times that a Group 1 wastewater 
stream or residual removed from a Group 1 wastewater stream is in the 
surface impoundment except during removal of treatment residuals in 
accordance with 40 CFR 268.4 or closure of the surface impoundment in 
accordance with 40 CFR 264.228.
    (2) Floating flexible membrane covers shall meet the requirements 
specified in paragraphs (b)(2)(i) through (b)(2)(vii) of this section.
    (i) The floating flexible cover shall be designed to float on the 
liquid surface during normal operations, and to form a continuous 
barrier over the entire surface area of the liquid.
    (ii) The cover shall be fabricated from a synthetic membrane 
material that is either:
    (A) High density polyethylene (HDPE) with a thickness no less than 
2.5 millimeters (100 mils); or
    (B) A material or a composite of different materials determined to 
have both organic permeability properties that are equivalent to those 
of the material listed in paragraph (b)(2)(ii)(A) of this section, and 
chemical and physical properties that maintain the material integrity 
for the intended service life of the material.
    (iii) The cover shall be installed in a manner such that there are 
no visible cracks, holes, gaps, or other open spaces between cover 
section seams or between the interface of the cover edge and its 
foundation mountings.
    (iv) Except as provided for in paragraph (b)(2)(v) of this section, 
each opening in the floating membrane cover shall be equipped with a 
closure device designed to operate such that when the closure device is 
secured in the closed position there are no visible cracks, holes, gaps, 
or other open spaces in the closure device or between the perimeter of 
the cover opening and the closure device.
    (v) The floating membrane cover may be equipped with one or more 
emergency cover drains for removal of stormwater. Each emergency cover 
drain shall be equipped with a slotted membrane fabric cover that covers 
at least 90 percent of the area of the opening or a flexible fabric 
sleeve seal.
    (vi) The closure devices shall be made of suitable materials that 
will minimize exposure of organic hazardous air pollutants to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered in designing the closure devices shall include: The effects 
of any contact with the liquid and its vapor managed in the surface 
impoundment; the effects of outdoor exposure to wind, moisture, and 
sunlight; and the operating practices used for the surface impoundment 
on which the floating membrane cover is installed.
    (vii) Whenever a Group 1 wastewater stream or residual from a Group 
1 wastewater stream is in the surface impoundment, the floating membrane 
cover shall float on the liquid and each closure device shall be secured 
in the closed position. Opening of closure devices or removal of the 
cover is allowed to provide access to the surface impoundment for 
performing routine inspection, maintenance, or other activities needed 
for normal operations and/or to remove accumulated sludge or other 
residues from the bottom of surface impoundment. Openings shall be 
maintained in accordance with Sec. 63.148 of this subpart.
    (3) The control device shall be designed, operated, and inspected in 
accordance with Sec. 63.139 of this subpart.
    (4) Except as provided in paragraph (b)(5) of this section, the 
closed-vent system shall be inspected in accordance with Sec. 63.148 of 
this subpart.
    (5) For any cover and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.

[[Page 284]]

    (c) Each surface impoundment shall be inspected initially, and semi-
annually thereafter, for improper work practices and control equipment 
failures in accordance with Sec. 63.143 of this subpart.
    (1) For surface impoundments, improper work practice includes, but 
is not limited to, leaving open any access hatch or other opening when 
such hatch or opening is not in use.
    (2) For surface impoundments, control equipment failure includes, 
but is not limited to, any time a joint, lid, cover, or door has a crack 
or gap, or is broken.
    (d) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification.

[62 FR 2754, Jan. 17, 1997, as amended at 64 FR 20191, Apr. 26, 1999]



Sec. 63.135  Process wastewater provisions--containers.

    (a) For each container that receives, manages, or treats a Group 1 
wastewater stream or a residual removed from a Group 1 wastewater 
stream, the owner or operator shall comply with the requirements of 
paragraphs (b) through (f) of this section.
    (b) The owner or operator shall operate and maintain a cover on each 
container used to handle, transfer, or store a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream in accordance with 
the following requirements:
    (1) Except as provided in paragraph (d)(4) of this section, if the 
capacity of the container is greater than 0.42 m\3\, the cover and all 
openings (e.g., bungs, hatches, sampling ports, and pressure relief 
devices) shall be maintained in accordance with the requirements 
specified in Sec. 63.148 of this subpart.
    (2) If the capacity of the container is less than or equal to 0.42 
m\3\, the owner or operator shall comply with either paragraph (b)(2)(i) 
or (b)(2)(ii) of this section.
    (i) The container must meet existing Department of Transportation 
specifications and testing requirements under 49 CFR part 178; or
    (ii) Except as provided in paragraph (d)(4) of this section, the 
cover and all openings shall be maintained without leaks as specified in 
Sec. 63.148 of this subpart.
    (3) The cover and all openings shall be maintained in a closed 
position (e.g., covered by a lid) at all times that a Group 1 wastewater 
stream or residual removed from a Group 1 wastewater stream is in the 
container except when it is necessary to use the opening for filling, 
removal, inspection, sampling, or pressure relief events related to 
safety considerations.
    (c) For containers with a capacity greater than or equal to 0.42 
m\3\, a submerged fill pipe shall be used when a container is being 
filled by pumping with a Group 1 wastewater stream or residual removed 
from a Group 1 wastewater stream.
    (1) The submerged fill pipe outlet shall extend to no more than 6 
inches or within two fill pipe diameters of the bottom of the container 
while the container is being filled.
    (2) The cover shall remain in place and all openings shall be 
maintained in a closed position except for those openings required for 
the submerged fill pipe and for venting of the container to prevent 
physical damage or permanent deformation of the container or cover.
    (d) During treatment of a Group 1 wastewater stream or residual 
removed from a Group 1 wastewater stream, including aeration, thermal or 
other treatment, in a container, whenever it is necessary for the 
container to be open, the container shall be located within an enclosure 
with a closed-vent system that routes the organic hazardous air 
pollutants vapors vented from the container to a control device.
    (1) Except as provided in paragraph (d)(4) of this section, the 
enclosure and all openings (e.g., doors, hatches) shall be maintained in 
accordance with the requirements specified in Sec. 63.148 of this 
subpart.
    (2) The control device shall be designed, operated, and inspected in 
accordance with Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (d)(4) of this section, the 
closed-vent

[[Page 285]]

system shall be inspected in accordance with Sec. 63.148 of this 
subpart.
    (4) For any enclosure and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (e) Each container shall be inspected initially, and semi-annually 
thereafter, for improper work practices and control equipment failures 
in accordance with Sec. 63.143 of this subpart.
    (1) For containers, improper work practice includes, but is not 
limited to, leaving open any access hatch or other opening when such 
hatch or opening is not in use.
    (2) For containers, control equipment failure includes, but is not 
limited to, any time a cover or door has a gap or crack, or is broken.
    (f) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 15 calendar 
days after identification.

[62 FR 2755, Jan. 17, 1997]



Sec. 63.136  Process wastewater provisions--individual drain systems.

    (a) For each individual drain system that receives or manages a 
Group 1 wastewater stream or a residual removed from a Group 1 
wastewater stream, the owner or operator shall comply with the 
requirements of paragraphs (b), (c), and (d) or with paragraphs (e), 
(f), and (g) of this section.
    (b) If the owner or operator elects to comply with this paragraph, 
the owner or operator shall operate and maintain on each opening in the 
individual drain system a cover and if vented, route the vapors to a 
process or through a closed vent system to a control device. The owner 
or operator shall comply with the requirements of paragraphs (b)(1) 
through (b)(5) of this section.
    (1) The cover and all openings shall meet the following 
requirements:
    (i) Except as provided in paragraph (b)(4) of this section, the 
cover and all openings (e.g., access hatches, sampling ports) shall be 
maintained in accordance with the requirements specified in Sec. 63.148 
of this subpart.
    (ii) The cover and all openings shall be maintained in a closed 
position at all times that a Group 1 wastewater stream or residual 
removed from a Group 1 wastewater stream is in the drain system except 
when it is necessary to use the opening for sampling or removal, or for 
equipment inspection, maintenance, or repair.
    (2) The control device shall be designed, operated, and inspected in 
accordance with Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (b)(4) of this section, the 
closed-vent system shall be inspected in accordance with Sec. 63.148 of 
this subpart.
    (4) For any cover and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (5) The individual drain system shall be designed and operated to 
segregate the vapors within the system from other drain systems and the 
atmosphere.
    (c) Each individual drain system shall be inspected initially, and 
semi- annually thereafter, for improper work practices and control 
equipment failures, in accordance with the inspection requirements 
specified in table 11 of this subpart.
    (1) For individual drain systems, improper work practice includes, 
but is not limited to, leaving open any access hatch or other opening 
when such hatch or opening is not in use for sampling or removal, or for 
equipment inspection, maintenance, or repair.
    (2) For individual drain systems, control equipment failure 
includes, but is not limited to, any time a joint, lid, cover, or door 
has a gap or crack, or is broken.
    (d) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 15 calendar 
days after identification.
    (e) If the owner or operator elects to comply with this paragraph, 
the owner

[[Page 286]]

or operator shall comply with the requirements in paragraphs (e)(1) 
through (e)(3) of this section:
    (1) Each drain shall be equipped with water seal controls or a 
tightly fitting cap or plug. The owner or operator shall comply with 
paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
    (i) For each drain equipped with a water seal, the owner or operator 
shall ensure that the water seal is maintained. For example, a flow-
monitoring device indicating positive flow from a main to a branch water 
line supplying a trap or water being continuously dripped into the trap 
by a hose could be used to verify flow of water to the trap. Visual 
observation is also an acceptable alternative.
    (ii) If a water seal is used on a drain receiving a Group 1 
wastewater, the owner or operator shall either extend the pipe 
discharging the wastewater below the liquid surface in the water seal of 
the receiving drain, or install a flexible shield (or other enclosure 
which restricts wind motion across the open area between the pipe and 
the drain) that encloses the space between the pipe discharging the 
wastewater to the drain receiving the wastewater. (Water seals which are 
used on hubs receiving Group 2 wastewater for the purpose of eliminating 
cross ventilation to drains carrying Group 1 wastewater are not required 
to have a flexible cap or extended subsurface discharging pipe.)
    (2) Each junction box shall be equipped with a tightly fitting solid 
cover (i.e., no visible gaps, cracks, or holes) which shall be kept in 
place at all times except during inspection and maintenance. If the 
junction box is vented, the owner or operator shall comply with the 
requirements in paragraph (e)(2)(i) or (e)(2)(ii) of this section.
    (i) The junction box shall be vented to a process or through a 
closed vent system to a control device. The closed vent system shall be 
inspected in accordance with the requirements of Sec. 63.148 and the 
control device shall be designed, operated, and inspected in accordance 
with the requirements of Sec. 63.139.
    (ii) If the junction box is filled and emptied by gravity flow 
(i.e., there is no pump) or is operated with no more than slight 
fluctuations in the liquid level, the owner or operator may vent the 
junction box to the atmosphere provided that the junction box complies 
with the requirements in paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of 
this section.
    (A) The vent pipe shall be at least 90 centimeters in length and no 
greater than 10.2 centimeters in nominal inside diameter.
    (B) Water seals shall be installed and maintained at the wastewater 
entrance(s) to or exit from the junction box restricting ventilation in 
the individual drain system and between components in the individual 
drain system. The owner or operator shall demonstrate (e.g., by visual 
inspection or smoke test) upon request by the Administrator that the 
junction box water seal is properly designed and restricts ventilation.
    (3) Each sewer line shall not be open to the atmosphere and shall be 
covered or enclosed in a manner so as to have no visible gaps or cracks 
in joints, seals, or other emission interfaces.
    (f) Equipment used to comply with paragraphs (e)(1), (e)(2), or 
(e)(3) of this section shall be inspected as follows:
    (1) Each drain using a tightly fitting cap or plug shall be visually 
inspected initially, and semi-annually thereafter, to ensure caps or 
plugs are in place and that there are no gaps, cracks, or other holes in 
the cap or plug.
    (2) Each junction box shall be visually inspected initially, and 
semi-annually thereafter, to ensure that there are no gaps, cracks, or 
other holes in the cover.
    (3) The unburied portion of each sewer line shall be visually 
inspected initially, and semi-annually thereafter, for indication of 
cracks or gaps that could result in air emissions.
    (g) Except as provided in Sec. 63.140 of this subpart, when a gap, 
hole, or crack is identified in a joint or cover, first efforts at 
repair shall be made no later than 5 calendar days after identification, 
and repair shall be completed within 15 calendar days after 
identification.

[62 FR 2755, Jan. 17, 1997]

[[Page 287]]



Sec. 63.137  Process wastewater provisions--oil-water separators.

    (a) For each oil-water separator that receives, manages, or treats a 
Group 1 wastewater stream or a residual removed from a Group 1 
wastewater stream, the owner or operator shall comply with the 
requirements of paragraphs (c) and (d) of this section and shall operate 
and maintain one of the following:
    (1) A fixed roof and a closed vent system that routes the organic 
hazardous air pollutants vapors vented from the oil-water separator to a 
control device. The fixed roof, closed-vent system, and control device 
shall meet the requirements specified in paragraph (b) of this section;
    (2) A floating roof meeting the requirements in 40 CFR part 60, 
subpart QQQ Sec. 60.693-2 (a)(1)(i), (a)(1)(ii), (a)(2), (a)(3), and 
(a)(4). For portions of the oil-water separator where it is infeasible 
to construct and operate a floating roof, such as over the weir 
mechanism, the owner or operator shall operate and maintain a fixed 
roof, closed vent system, and control device that meet the requirements 
specified in paragraph (b) of this section.
    (3) An equivalent means of emission limitation. Determination of 
equivalence to the reduction in emissions achieved by the requirements 
of paragraphs (a)(1) and (a)(2) of this section will be evaluated 
according to Sec. 63.102(b) of subpart F of this part. The 
determination will be based on the application to the Administrator 
which shall include the information specified in either paragraph 
(a)(3)(i) or (a)(3)(ii) of this section.
    (i) Actual emissions tests that use full-size or scale-model oil-
water separators that accurately collect and measure all organic 
hazardous air pollutants emissions from a given control technique, and 
that accurately simulate wind and account for other emission variables 
such as temperature and barometric pressure, or
    (ii) An engineering evaluation that the Administrator determines is 
an accurate method of determining equivalence.
    (b) If the owner or operator elects to comply with the requirements 
of paragraphs (a)(1) or (a)(2) of this section, the fixed roof shall 
meet the requirements of paragraph (b)(1) of this section, the control 
device shall meet the requirements of paragraph (b)(2) of this section, 
and the closed-vent system shall meet the requirements of paragraph 
(b)(3) of this section.
    (1) The fixed-roof shall meet the following requirements:
    (i) Except as provided in paragraph (b)(4) of this section, the 
fixed roof and all openings (e.g., access hatches, sampling ports, and 
gauge wells) shall be maintained in accordance with the requirements 
specified in Sec. 63.148 of this subpart.
    (ii) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
the oil-water separator contains a Group 1 wastewater stream or residual 
removed from a Group 1 wastewater stream except when it is necessary to 
use the opening for sampling or removal, or for equipment inspection, 
maintenance, or repair.
    (2) The control device shall be designed, operated, and inspected in 
accordance with the requirements of Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (b)(4) of this section, the 
closed-vent system shall be inspected in accordance with the 
requirements of Sec. 63.148 of this subpart.
    (4) For any fixed roof and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements of Sec. 63.148 of this 
subpart.
    (c) If the owner or operator elects to comply with the requirements 
of paragraph (a)(2) of this section, seal gaps shall be measured 
according to the procedures specified in 40 CFR part 60, subpart QQQ 
Sec. 60.696(d)(1) and the schedule specified in paragraphs (c)(1) and 
(c)(2) of this section.
    (1) Measurement of primary seal gaps shall be performed within 60 
calendar days after installation of the floating roof and introduction 
of a Group 1 wastewater stream or residual removed from a Group 1 
wastewater stream and once every 5 years thereafter.

[[Page 288]]

    (2) Measurement of secondary seal gaps shall be performed within 60 
calendar days after installation of the floating roof and introduction 
of a Group 1 wastewater stream or residual removed from a Group 1 
wastewater stream and once every year thereafter.
    (d) Each oil-water separator shall be inspected initially, and semi-
annually thereafter, for improper work practices in accordance with 
Sec. 63.143 of this subpart. For oil-water separators, improper work 
practice includes, but is not limited to, leaving open or ungasketed any 
access door or other opening when such door or opening is not in use.
    (e) Each oil-water separator shall be inspected for control 
equipment failures as defined in paragraph (e)(1) of this section 
according to the schedule specified in paragraphs (e)(2) and (e)(3) of 
this section.
    (1) For oil-water separators, control equipment failure includes, 
but is not limited to, the conditions specified in paragraphs (e)(1)(i) 
through (e)(1)(vii) of this section.
    (i) The floating roof is not resting on either the surface of the 
liquid or on the leg supports.
    (ii) There is stored liquid on the floating roof.
    (iii) A rim seal is detached from the floating roof.
    (iv) There are holes, tears, or other open spaces in the rim seal or 
seal fabric of the floating roof.
    (v) There are gaps between the primary seal and the separator wall 
that exceed 67 square centimeters per meter of separator wall perimeter 
or the width of any portion of any gap between the primary seal and the 
separator wall exceeds 3.8 centimeters.
    (vi) There are gaps between the secondary seal and the separator 
wall that exceed 6.7 square centimeters per meter of separator wall 
perimeter or the width of any portion of any gap between the secondary 
seal and the separator wall exceeds 1.3 centimeters.
    (vii) A gasket, joint, lid, cover, or door has a gap or crack, or is 
broken.
    (2) The owner or operator shall inspect for the control equipment 
failures in paragraphs (e)(1)(i) through (e)(1)(vi) of this section 
according to the schedule specified in paragraph (c) of this section.
    (3) The owner or operator shall inspect for control equipment 
failures in paragraph (e)(1)(vii) of this section initially, and semi-
annually thereafter.
    (f) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification.

[62 FR 2756, Jan. 17, 1997]



Sec. 63.138  Process wastewater provisions--performance standards for 

treatment processes managing Group 1 wastewater streams and/or residuals 

removed from Group 1 wastewater streams.

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

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


[[Page 289]]


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

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

    (5) Control device requirements. When gases are vented from the 
treatment process, the owner or operator shall comply with the 
applicable control device requirements specified in Sec. 63.139 and 
Sec. 63.145 (i) and (j), and the applicable leak inspection provisions 
specified in Sec. 63.148, of this subpart. This requirement does not 
apply to any open biological treatment process that meets the mass 
removal requirements. Vents from anaerobic biological treatment 
processes may be routed through hard-piping to a fuel gas system.
    (6) Residuals: general. When residuals result from treating Group 1 
wastewater streams, the owner or operator shall comply with the 
requirements for residuals specified in Sec. 63.138(k) of this subpart.
    (7) Treatment using a series of treatment processes. In all cases 
where the wastewater provisions in this subpart allow or require the use 
of a treatment process or control device to comply with emissions 
limitations, the owner or operator may use multiple treatment processes 
or control devices, respectively. For combinations of treatment 
processes where the wastewater stream is conveyed by hard-piping, the 
owner or operator shall comply with either the requirements of paragraph 
(a)(7)(i) or (a)(7)(ii) of this section. For combinations of treatment 
processes where the wastewater stream is not conveyed by hard-piping, 
the owner or operator shall comply with the requirements of paragraph 
(a)(7)(ii) of this section. For combinations of control devices, the 
owner or operator shall comply with the requirements of paragraph 
(a)(7)(i) of this section.
    (i)(A) For combinations of treatment processes, the wastewater 
stream shall be conveyed by hard-piping between the treatment processes. 
For combinations of control devices, the vented gas stream shall be 
conveyed by hard-piping between the control devices.
    (B) For combinations of treatment processes, each treatment process 
shall meet the applicable requirements of Sec. 63.133 through Sec. 
63.137 of this subpart except as provided in paragraph (a)(3) of this 
section.
    (C) The owner or operator shall identify, and keep a record of, the 
combination of treatment processes or of control devices, including 
identification of the first and last treatment process or control 
device. The owner or operator shall include this information as part of 
the treatment process description reported in the Notification of 
Compliance Status.

[[Page 290]]

    (D) The performance test or design evaluation shall determine 
compliance across the combination of treatment processes or control 
devices. If a performance test is conducted, the ``inlet'' shall be the 
point at which the wastewater stream or residual enters the first 
treatment process, or the vented gas stream enters the first control 
device. The ``outlet'' shall be the point at which the treated 
wastewater stream exits the last treatment process, or the vented gas 
stream exits the last control device.
    (ii)(A) For combinations of treatment processes, each treatment 
process shall meet the applicable requirements of Sec. 63.133 through 
Sec. 63.137 of this subpart except as provided in paragraph (a)(3) of 
this section.
    (B) The owner or operator shall identify, and keep a record of, the 
combination of treatment processes, including identification of the 
first and last treatment process. The owner or operator shall include 
this information as part of the treatment process description reported 
in the Notification of Compliance Status.
    (C) The owner or operator shall determine the mass removed or 
destroyed by each treatment process. The performance test or design 
evaluation shall determine compliance for the combination of treatment 
processes by adding together the mass removed or destroyed by each 
treatment process.
    (b) Control options: Group 1 wastewater streams for Table 9 
compounds. The owner or operator shall comply with either paragraph 
(b)(1) or (b)(2) of this section for the control of Table 9 compounds at 
new or existing sources.
    (1) 50 ppmw concentration option. The owner or operator shall comply 
with paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
    (i) Reduce, by removal or destruction, the total concentration of 
Table 9 compounds to a level less than 50 parts per million by weight as 
determined by the procedures specified in Sec. 63.145(b) of this 
subpart.
    (ii) This option shall not be used when the treatment process is a 
biological treatment process. This option shall not be used when the 
wastewater stream is designated as a Group 1 wastewater stream as 
specified in Sec. 63.132(e). Dilution shall not be used to achieve 
compliance with this option.
    (2) Other compliance options. Comply with the requirements specified 
in any one of paragraphs (d), (e), (f), (g), (h), or (i) of this 
section.
    (c) Control options: Group 1 wastewater streams for Table 8 
compounds. The owner or operator shall comply with either paragraph 
(c)(1) or (c)(2) of this section for the control of Table 8 compounds at 
new sources.
    (1) 10 ppmw concentration option. The owner or operator shall comply 
with paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
    (i) Reduce, by removal or destruction, the concentration of the 
individual Table 8 compounds to a level less than 10 parts per million 
by weight as determined in the procedures specified in Sec. 63.145(b) 
of this subpart.
    (ii) This option shall not be used when the treatment process is a 
biological treatment process. This option shall not be used when the 
wastewater stream is designated as a Group 1 wastewater stream as 
specified in Sec. 63.132(e). Dilution shall not be used to achieve 
compliance with this option.
    (2) Other compliance options. Comply with the requirements specified 
in any one of paragraphs (d), (e), (f), (g), (h), or (i) of this 
section.
    (d) Design steam stripper option. The owner or operator shall 
operate and maintain a steam stripper that meets the requirements of 
paragraphs (d)(1) through (d)(6) of this section.
    (1) Minimum active column height of 5 meters,
    (2) Countercurrent flow configuration with a minimum of 10 actual 
trays,
    (3) Minimum steam flow rate of 0.04 kilograms of steam per liter of 
wastewater feed within the column,
    (4) Minimum wastewater feed temperature to the steam stripper of 95 
[deg]C, or minimum column operating temperature of 95 [deg]C,
    (5) Maximum liquid loading of 67,100 liters per hour per square 
meter, and
    (6) Operate at nominal atmospheric pressure.
    (e) Percent mass removal/destruction option. The owner or operator 
of a new or existing source shall comply with paragraph (e)(1) or (e)(2) 
of this section for

[[Page 291]]

control of Table 8 and/or Table 9 compounds for Group 1 wastewater 
streams. This option shall not be used for biological treatment 
processes.
    (1) Reduce mass flow rate of Table 8 and/or Table 9 compounds by 99 
percent. For wastewater streams that are Group 1, the owner or operator 
shall reduce, by removal or destruction, the mass flow rate of Table 8 
and/or Table 9 compounds by 99 percent or more. The removal/destruction 
efficiency shall be determined by the procedures specified in Sec. 
63.145(c), for noncombustion processes, or Sec. 63.145(d), for 
combustion processes.
    (2) Reduce mass flow rate of Table 8 and/or Table 9 compounds by Fr 
value. For wastewater streams that are Group 1 for Table 8 and/or Table 
9 compounds, the owner or operator shall reduce, by removal or 
destruction, the mass flow rate by at least the fraction removal (Fr) 
values specified in Table 9 of this subpart. (The Fr values for Table 8 
compounds are all 0.99.) The removal/destruction efficiency shall be 
determined by the procedures specified in Sec. 63.145(c), for 
noncombustion treatment processes, or Sec. 63.145(d), for combustion 
treatment processes.
    (f) Required mass removal (RMR) option. The owner or operator shall 
achieve the required mass removal (RMR) of Table 8 compounds at a new 
source for a wastewater stream that is Group 1 for Table 8 compounds 
and/or of Table 9 compounds at a new or existing source for a wastewater 
stream that is Group 1 for Table 9 compounds. For nonbiological 
treatment processes compliance shall be determined using the procedures 
specified in Sec. 63.145(e) of this subpart. For aerobic biological 
treatment processes compliance shall be determined using the procedures 
specified in Sec. 63.145 (e) or (f) of this subpart. For closed 
anaerobic biological treatment processes compliance shall be determined 
using the procedures specified in Sec. 63.145(e) of this subpart. For 
open biological treatment processes compliance shall be determined using 
the procedures specified in Sec. 63.145(f) of this subpart.
    (g) 95-percent RMR option, for biological treatment processes. The 
owner or operator of a new or existing source using biological treatment 
for at least one wastewater stream that is Group 1 for Table 9 compounds 
shall achieve a RMR of at least 95 percent for all Table 9 compounds. 
The owner or operator of a new source using biological treatment for at 
least one wastewater stream that is Group 1 for Table 8 compounds shall 
achieve a RMR of at least 95 percent for all Table 8 compounds. All 
Group 1 and Group 2 wastewater streams entering a biological treatment 
unit that are from chemical manufacturing process units subject to 
subpart F shall be included in the demonstration of the 95-percent mass 
removal. The owner or operator shall comply with paragraphs (g)(1) 
through (g)(4) of this section.
    (1) Except as provided in paragraph (g)(4) of this section, the 
owner or operator shall ensure that all Group 1 and Group 2 wastewater 
streams from chemical manufacturing process units subject to this rule 
entering a biological treatment unit are treated to destroy at least 95-
percent total mass of all Table 8 and/or Table 9 compounds.
    (2) For open biological treatment processes compliance shall be 
determined using the procedures specified in Sec. 63.145(g) of this 
subpart. For closed aerobic biological treatment processes compliance 
shall be determined using the procedures specified in Sec. 63.145 (e) 
or (g) of this subpart. For closed anaerobic biological treatment 
processes compliance shall be determined using the procedures specified 
in Sec. 63.145(e) of this subpart.
    (3) For each treatment process or waste management unit that 
receives, manages, or treats wastewater streams subject to this 
paragraph, from the point of determination of each Group 1 or Group 2 
wastewater stream to the biological treatment unit, the owner or 
operator shall comply with Sec. Sec. 63.133 through Sec. 63.137 of 
this subpart for control of air emissions. When complying with this 
paragraph, the term Group 1, whether used alone or in combination with 
other terms, in Sec. 63.133 through Sec. 63.137 of this subpart shall 
mean both Group 1 and Group 2.
    (4) If a wastewater stream is in compliance with the requirements in 
paragraph (b)(1), (c)(1), (d), (e), (f), or (h) of this section before 
entering the biological treatment unit, the hazardous

[[Page 292]]

air pollutants mass of that wastewater is not required to be included in 
the total mass flow rate entering the biological treatment unit for the 
purpose of demonstrating compliance.
    (h) Treatment in a RCRA unit option. The owner or operator shall 
treat the wastewater stream or residual in a unit identified in, and 
complying with, paragraph (h)(1), (h)(2), or (h)(3) of this section. 
These units are exempt from the design evaluation or performance tests 
requirements specified in Sec. 63.138(a)(3) and Sec. 63.138(j) of this 
subpart, and from the monitoring requirements specified in Sec. 
63.132(a)(2)(iii) and Sec. 63.132(b)(3)(iii) of this subpart, as well 
as recordkeeping and reporting requirements associated with monitoring 
and performance tests.
    (1) The wastewater stream or residual is discharged to a hazardous 
waste incinerator for which the owner or operator has been issued a 
final permit under 40 CFR part 270 and complies with the requirements of 
40 CFR part 264, subpart O, or has certified compliance with the interim 
status requirements of 40 CFR part 265, subpart O;
    (2) The wastewater stream or residual is discharged to a process 
heater or boiler burning hazardous waste for which the owner or 
operator:
    (i) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H; or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (3) The wastewater stream or residual is discharged to an 
underground injection well for which the owner or operator has been 
issued a final permit under 40 CFR part 270 or 40 CFR part 144 and 
complies with the requirements of 40 CFR part 122. The owner or operator 
shall comply with all applicable requirements of this subpart prior to 
the point where the wastewater enters the underground portion of the 
injection well.
    (i) One megagram total source mass flow rate option. A wastewater 
stream is exempt from the requirements of paragraphs (b) and (c) of this 
section if the owner or operator elects to comply with either paragraph 
(i)(1) or (2) of this section, and complies with paragraph (i)(3) of 
this section.
    (1) All Group 1 wastewater streams at the source. The owner or 
operator shall demonstrate that the total source mass flow rate for 
Table 8 and/or Table 9 compounds is less than 1 megagram per year using 
the procedures in paragraphs (i)(1)(i) and (i)(1)(ii) of this section. 
The owner or operator shall include all Group 1 wastewater streams at 
the source in the total source mass flow rate. The total source mass 
flow rate shall be based on the mass as calculated before the wastewater 
stream is treated. The owner or operator who meets the requirements of 
this paragraph (i)(1) is exempt from the requirements of Sec. Sec. 
63.133 through 63.137.
    (i) Calculate the annual average mass flow rate for each Group 1 
wastewater stream by multiplying the annual average flow rate of the 
wastewater stream, as determined by procedures specified in Sec. 
63.144(c), times the total annual average concentration of Table 8 and/
or Table 9 compounds, as determined by procedures specified in Sec. 
63.144(b) of this subpart. (The mass flow rate of compounds in a 
wastewater stream that is Group 1 for both Table 8 and Table 9 compounds 
should be included in the annual average mass flow rate only once.)
    (ii) Calculate the total source mass flow rate from all Group 1 
wastewater streams by adding together the annual average mass flow rate 
calculated for each Group 1 wastewater stream.
    (2) Untreated and partially treated Group 1 wastewater streams. The 
owner or operator shall demonstrate that the total source mass flow rate 
for untreated Group 1 wastewater streams and Group 1 wastewater streams 
treated to levels less stringent than required in paragraph (b) or (c) 
of this section is less than 1 megagram per year using the procedures in 
paragraphs (i)(2)(i) and (i)(2)(ii) of this section. The owner or 
operator shall manage these wastewater streams in accordance with 
paragraph (i)(2)(iii) of this section, and shall comply with paragraph 
(i)(3) of this section.
    (i) Calculate the annual average mass flow rate in each wastewater 
stream by multiplying the annual average flow

[[Page 293]]

rate of the wastewater stream, as determined by procedures specified in 
Sec. 63.144(c), times the total annual average concentration of Table 8 
and/or Table 9 compounds, as determined by procedures specified in Sec. 
63.144(b). (The mass flow rate of compounds in a wastewater stream that 
are Group 1 for both Table 8 and Table 9 compounds should be included in 
the annual average mass flow rate only once.) When determining the total 
source mass flow rate for the purposes of paragraph (i)(2)(i)(B) of this 
section, the concentration and flow rate shall be determined at the 
location specified in paragraph (i)(2)(i)(B) of this section and not at 
the location specified in Sec. 63.144(b) and (c).
    (A) For each untreated Group 1 wastewater stream, the annual average 
flow rate and the total annual average concentration shall be determined 
for that stream's point of determination.
    (B) For each Group 1 wastewater stream that is treated to levels 
less stringent than those required by paragraph (b) or (c) of this 
section, the annual average flow rate and total annual average 
concentration shall be determined at the discharge from the treatment 
process or series of treatment processes.
    (C) The annual average mass flow rate for Group 1 wastewater streams 
treated to the levels required by paragraph (b) or (c) of this section 
is not included in the calculation of the total source mass flow rate.
    (ii) The total source mass flow rate shall be calculated by summing 
the annual average mass flow rates from all Group 1 wastewater streams, 
except those excluded by paragraph (i)(2)(i)(C) of this section.
    (iii) The owner or operator of each waste management unit that 
receives, manages, or treats a partially treated wastewater stream prior 
to or during treatment shall comply with the requirements of Sec. Sec. 
63.133 through 63.137, as applicable. For a partially treated wastewater 
stream that is stored, conveyed, treated, or managed in a waste 
management unit meeting the requirements of Sec. Sec. 63.133 through 
63.137, the owner or operator shall follow the procedures in paragraph 
(i)(2)(i)(B) of this section to calculate mass flow rate. A wastewater 
stream, either untreated or partially treated, where the mass flow rate 
has been calculated following the procedures in paragraph (i)(2)(i)(A) 
of this section, is exempt from the requirements of Sec. Sec. 63.133 
through 63.137.
    (3) Wastewater streams included in this option shall be identified 
in the Notification of Compliance Status required by Sec. 63.152(b).
    (j) Design evaluations or performance tests for treatment processes. 
Except as provided in paragraph (j)(3) or (h) of this section, the owner 
or operator shall demonstrate by the procedures in either paragraph 
(j)(1) or (j)(2) of this section that each nonbiological treatment 
process used to comply with paragraphs (b)(1), (c)(1), (e), and/or (f) 
of this section achieves the conditions specified for compliance. The 
owner or operator shall demonstrate by the procedures in either 
paragraph (j)(1) or (j)(2) of this section that each closed biological 
treatment process used to comply with paragraphs (f) or (g) of this 
section achieves the conditions specified for compliance. If an open 
biological treatment unit is used to comply with paragraph (f) or (g) of 
this section, the owner or operator shall comply with Sec. 63.145(f) or 
Sec. 63.145(g), respectively, of this subpart. Some biological 
treatment processes may not require a performance test. Refer to Sec. 
63.145(h) and table 36 of this subpart to determine whether the open 
biological treatment process meets the criteria that exempt the owner or 
operator from conducting a performance test.
    (1) A design evaluation and supporting documentation that addresses 
the operating characteristics of the treatment process and that is based 
on operation at a representative wastewater stream flow rate and a 
concentration under which it would be most difficult to demonstrate 
compliance. For closed biological treatment processes, the actual mass 
removal shall be determined by a mass balance over the unit. The mass 
flow rate of Table 8 or Table 9 compounds exiting the treatment process 
shall be the sum of the mass flow rate of Table 8 or Table 9 compounds 
in the wastewater stream exiting the biological treatment process and 
the mass flow rate of

[[Page 294]]

the vented gas stream exiting the control device. The mass flow rate 
entering the treatment process minus the mass flow rate exiting the 
process determines the actual mass removal.
    (2) Performance tests conducted using test methods and procedures 
that meet the applicable requirements specified in Sec. 63.145 of this 
subpart.
    (3) The provisions of paragraphs (j)(1) and (j)(2) of this section 
do not apply to design stream strippers which meet the requirements of 
paragraph (d) of this section.
    (k) Residuals. For each residual removed from a Group 1 wastewater 
stream, the owner or operator shall control for air emissions by 
complying with Sec. Sec. 63.133-137 of this subpart and by complying 
with one of the provisions in paragraphs (k)(1) through (k)(4) of this 
section.
    (1) Recycle the residual to a production process or sell the 
residual for the purpose of recycling. Once a residual is returned to a 
production process, the residual is no longer subject to this section.
    (2) Return the residual to the treatment process.
    (3) Treat the residual to destroy the total combined mass flow rate 
of Table 8 and/or Table 9 compounds by 99 percent or more, as determined 
by the procedures specified in Sec. 63.145(c) or (d) of this subpart.
    (4) Comply with the requirements for RCRA treatment options 
specified in Sec. 63.138(h) of this subpart.

[62 FR 2757, Jan. 17, 1997, as amended at 66 FR 6933, Jan. 22, 2001]



Sec. 63.139  Process wastewater provisions--control devices.

    (a) For each control device or combination of control devices used 
to comply with the provisions in Sec. Sec. 63.133 through 63.138 of 
this subpart, the owner or operator shall operate and maintain the 
control device or combination of control devices in accordance with the 
requirements of paragraphs (b) through (f) of this section.
    (b) Whenever organic hazardous air pollutants emissions are vented 
to a control device which is used to comply with the provisions of this 
subpart, such control device shall be operating.
    (c) The control device shall be designed and operated in accordance 
with paragraph (c)(1), (c)(2), (c)(3), (c)(4), or (c)(5) of this 
section.
    (1) An enclosed combustion device (including but not limited to a 
vapor incinerator, boiler, or process heater) shall meet the conditions 
in paragraph (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section, 
alone or in combination with other control devices. If a boiler or 
process heater is used as the control device, then the vent stream shall 
be introduced into the flame zone of the boiler or process heater.
    (i) Reduce the total organic compound emissions, less methane and 
ethane, or total organic hazardous air pollutants emissions vented to 
the control device by 95 percent by weight or greater;
    (ii) Achieve an outlet total organic compound concentration, less 
methane and ethane, or total organic hazardous air pollutants 
concentration of 20 parts per million by volume on a dry basis corrected 
to 3 percent oxygen. The owner or operator shall use either Method 18 of 
40 CFR part 60, appendix A, or any other method or data that has been 
validated according to the applicable procedures in Method 301 of 
appendix A of this part; or
    (iii) Provide a minimum residence time of 0.5 seconds at a minimum 
temperature of 760 [deg]C.
    (2) A vapor recovery system (including but not limited to a carbon 
adsorption system or condenser), alone or in combination with other 
control devices, shall reduce the total organic compound emissions, less 
methane and ethane, or total organic hazardous air pollutants emissions 
vented to the control device of 95 percent by weight or greater or 
achieve an outlet total organic compound concentration, less methane and 
ethane, or total organic hazardous air pollutants concentration of 20 
parts per million by volume, whichever is less stringent. The 20 parts 
per million by volume performance standard is not applicable to 
compliance with the provisions of Sec. 63.134 or Sec. 63.135 of this 
subpart.
    (3) A flare shall comply with the requirements of Sec. 63.11(b) of 
subpart A of this part.

[[Page 295]]

    (4) A scrubber, alone or in combination with other control devices, 
shall reduce the total organic compound emissions, less methane and 
ethane, or total organic hazardous air pollutants emissions in such a 
manner that 95 weight-percent is either removed, or destroyed by 
chemical reaction with the scrubbing liquid or achieve an outlet total 
organic compound concentration, less methane and ethane, or total 
organic hazardous air pollutants concentration of 20 parts per million 
by volume, whichever is less stringent. The 20 parts per million by 
volume performance standard is not applicable to compliance with the 
provisions of Sec. 63.134 or Sec. 63.135 of this subpart.
    (5) Any other control device used shall, alone or in combination 
with other control devices, reduce the total organic compound emissions, 
less methane and ethane, or total organic hazardous air pollutants 
emissions vented to the control device by 95 percent by weight or 
greater or achieve an outlet total organic compound concentration, less 
methane and ethane, or total organic hazardous air pollutants 
concentration of 20 parts per million by volume, whichever is less 
stringent. The 20 parts per million by volume performance standard is 
not applicable to compliance with the provisions of Sec. 63.134 or 
Sec. 63.135 of this subpart.
    (d) Except as provided in paragraph (d)(4) of this section, an owner 
or operator shall demonstrate that each control device or combination of 
control devices achieves the appropriate conditions specified in 
paragraph (c) of this section by using one or more of the methods 
specified in paragraphs (d)(1), (d)(2), or (d)(3) of this section.
    (1) Performance tests conducted using the test methods and 
procedures specified in Sec. 63.145(i) of this subpart for control 
devices other than flares; or
    (2) A design evaluation that addresses the vent stream 
characteristics and control device operating parameters specified in 
paragraphs (d)(2)(i) through (d)(2)(vii) of this section.
    (i) For a thermal vapor incinerator, the design evaluation shall 
consider the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average temperature 
in the combustion zone and the combustion zone residence time.
    (ii) For a catalytic vapor incinerator, the design evaluation shall 
consider the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average 
temperatures across the catalyst bed inlet and outlet.
    (iii) For a boiler or process heater, the design evaluation shall 
consider the vent stream composition, constituent concentrations, and 
flow rate; shall establish the design minimum and average flame zone 
temperatures and combustion zone residence time; and shall describe the 
method and location where the vent stream is introduced into the flame 
zone.
    (iv) For a condenser, the design evaluation shall consider the vent 
stream composition, constituent concentrations, flow rate, relative 
humidity, and temperature and shall establish the design outlet organic 
compound concentration level, design average temperature of the 
condenser exhaust vent stream, and the design average temperatures of 
the coolant fluid at the condenser inlet and outlet.
    (v) For a carbon adsorption system that regenerates the carbon bed 
directly on-site in the control device such as a fixed-bed adsorber, the 
design evaluation shall consider the vent stream composition, 
constituent concentrations, flow rate, relative humidity, and 
temperature and shall establish the design exhaust vent stream organic 
compound concentration level, adsorption cycle time, number and capacity 
of carbon beds, type and working capacity of activated carbon used for 
carbon beds, design total regeneration stream mass or volumetric flow 
over the period of each complete carbon bed regeneration cycle, design 
carbon bed temperature after regeneration, design carbon bed 
regeneration time, and design service life of carbon.
    (vi) For a carbon adsorption system that does not regenerate the 
carbon bed directly on-site in the control device such as a carbon 
canister, the design evaluation shall consider the vent stream 
composition, constituent concentrations, mass or volumetric flow

[[Page 296]]

rate, relative humidity, and temperature and shall establish the design 
exhaust vent stream organic compound concentration level, capacity of 
carbon bed, type and working capacity of activated carbon used for 
carbon bed, and design carbon replacement interval based on the total 
carbon working capacity of the control device and source operating 
schedule.
    (vii) For a scrubber, the design evaluation shall consider the vent 
stream composition; constituent concentrations; liquid-to-vapor ratio; 
scrubbing liquid flow rate and concentration; temperature; and the 
reaction kinetics of the constituents with the scrubbing liquid. The 
design evaluation shall establish the design exhaust vent stream organic 
compound concentration level and will include the additional information 
in paragraphs (d)(2)(vii)(A) and (d)(2)(vii)(B) of this section for 
trays and a packed column scrubber.
    (A) Type and total number of theoretical and actual trays;
    (B) Type and total surface area of packing for entire column, and 
for individual packed sections if column contains more than one packed 
section.
    (3) For flares, the compliance determination specified in Sec. 
63.11(b) of subpart A of this part and Sec. 63.145(j) of this subpart.
    (4) An owner or operator using any control device specified in 
paragraphs (d)(4)(i) through (d)(4)(iv) of this section is exempt from 
the requirements in paragraphs (d)(1) through (d)(3) of this section and 
from the requirements in Sec. 63.6(f) of subpart A of this part, and 
from the requirements of paragraph (e) of this section.
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (ii) A boiler or process heater into which the emission stream is 
introduced with the primary fuel.
    (iii) A boiler or process heater burning hazardous waste for which 
the owner or operator:
    (A) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (B) Has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H.
    (iv) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (e) The owner or operator of a control device that is used to comply 
with the provisions of this section shall monitor the control device in 
accordance with Sec. 63.143 of this subpart.
    (f) Except as provided in Sec. 63.140 of this subpart, if gaps, 
cracks, tears, or holes are observed in ductwork, piping, or connections 
to covers and control devices during an inspection, a first effort to 
repair shall be made as soon as practical but no later than 5 calendar 
days after identification. Repair shall be completed no later than 15 
calendar days after identification or discovery of the defect.

[62 FR 2760, Jan. 17, 1997, as amended at 64 FR 20192, Apr. 26, 1999]



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

    (a) Delay of repair of equipment for which a control equipment 
failure or a gap, crack, tear, or hole has been identified, is allowed 
if the repair is technically infeasible without a shutdown, as defined 
in Sec. 63.101 of subpart F of this part, or if the owner or operator 
determines that emissions of purged material from immediate repair would 
be greater than the emissions likely to result from delay of repair. 
Repair of this equipment shall occur by the end of the next shutdown.
    (b) Delay of repair of equipment for which a control equipment 
failure or a gap, crack, tear, or hole has been identified, is allowed 
if the equipment is emptied or is no longer used to treat or manage 
Group 1 wastewater streams or residuals removed from Group 1 wastewater 
streams.
    (c) Delay of repair of equipment for which a control equipment 
failure or a gap, crack, tear, or hole has been identified is also 
allowed if additional time is necessary due to the unavailability of 
parts beyond the control of the owner or operator. Repair shall be 
completed as soon as practical. The owner or operator who uses this 
provision

[[Page 297]]

shall comply with the requirements of Sec. 63.147(b)(7) to document the 
reasons that the delay of repair was necessary.

[62 FR 2762, Jan. 17, 1997, as amended at 66 FR 6933, Jan. 22, 2001]



Sec. Sec. 63.141-63.142  [Reserved]



Sec. 63.143  Process wastewater provisions--inspections and monitoring of 

operations.

    (a) For each wastewater tank, surface impoundment, container, 
individual drain system, and oil-water separator that receives, manages, 
or treats a Group 1 wastewater stream, a residual removed from a Group 1 
wastewater stream, a recycled Group 1 wastewater stream, or a recycled 
residual removed from a Group 1 wastewater stream, the owner or operator 
shall comply with the inspection requirements specified in table 11 of 
this subpart.
    (b) For each design steam stripper and biological treatment unit 
used to comply with Sec. 63.138 of this subpart, the owner or operator 
shall comply with the monitoring requirements specified in table 12 of 
this subpart.
    (c) If the owner or operator elects to comply with Item 1 in table 
12 of this subpart, the owner or operator shall request approval to 
monitor appropriate parameters that demonstrate proper operation of the 
biological treatment unit. The request shall be submitted according to 
the procedures specified in Sec. 63.151(f) of this subpart, and shall 
include a discription of planned reporting and recordkeeping procedures. 
The owner or operator shall include as part of the submittal the basis 
for the selected monitoring frequencies and the methods that will be 
used. The Administrator will specify appropriate reporting and 
recordkeeping requirements as part of the review of the permit 
application or by other appropriate means.
    (d) If the owner or operator elects to comply with Item 3 in table 
12 of this subpart, the owner or operator shall request approval to 
monitor appropriate parameters that demonstrate proper operation of the 
selected treatment process. The request shall be submitted according to 
the procedures specified in Sec. 63.151(f) of this subpart, and shall 
include a description of planned reporting and recordkeeping procedures. 
The Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the permit application or by other 
appropriate means.
    (e) Except as provided in paragraphs (e)(4) and (e)(5) of this 
section, for each control device used to comply with the requirements of 
Sec. Sec. 63.133 through 63.139 of this subpart, the owner or operator 
shall comply with the requirements in Sec. 63.139(d) of this subpart, 
and with the requirements specified in paragraph (e)(1), (e)(2), or 
(e)(3) of this section.
    (1) The owner or operator shall comply with the monitoring 
requirements specified in table 13 of this subpart; or
    (2) The owner or operator shall use an organic monitoring device 
installed at the outlet of the control device and equipped with a 
continuous recorder. Continuous recorder is defined in Sec. 63.111 of 
this subpart; or
    (3) The owner or operator shall request approval to monitor 
parameters other than those specified in paragraphs (e)(1) and (e)(2) of 
this section. The request shall be submitted according to the procedures 
specified in Sec. 63.151(f) of this subpart, and shall include a 
description of planned reporting and recordkeeping procedures. The 
Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the permit application or by other 
appropriate means.
    (4) For a boiler or process heater in which all vent streams are 
introduced with primary fuel, the owner or operator shall comply with 
the requirements in Sec. 63.139(d) of this subpart but the owner or 
operator is exempt from the monitoring requirements specified in 
paragraphs (e)(1) through (e)(3) of this section.
    (5) For a boiler or process heater with a design heat input capacity 
of 44 megawatts or greater, the owner or operator shall comply with the 
requirements in Sec. 63.139(d) of this subpart but the owner or 
operator is exempt from the monitoring requirements specified in 
paragraphs (e)(1) through (e)(3) of this section.
    (f) For each parameter monitored in accordance with paragraph (c), 
(d), or

[[Page 298]]

(e) of this section, the owner or operator shall establish a range that 
indicates proper operation of the treatment process or control device. 
In order to establish the range, the owner or operator shall comply with 
the requirements specified in Sec. Sec. 63.146(b)(7)(ii)(A) and 
(b)(8)(ii) of this subpart.
    (g) Monitoring equipment shall be installed, calibrated, and 
maintained according to the manufacturer's specifications or other 
written procedures that provide adequate assurance that the equipment 
would reasonably be expected to monitor accurately.

[62 FR 2762, Jan. 17, 1997]



Sec. 63.144  Process wastewater provisions--test methods and procedures for 

determining applicability and Group 1/Group 2 determinations (determining 

which wastewater streams require control).

    (a) Procedures to determine applicability. An owner or operator 
shall comply with paragraph (a)(1) or (a)(2) of this section for each 
wastewater stream to determine which wastewater streams require control 
for Table 8 and/or Table 9 compounds. The owner or operator may use a 
combination of the approaches in paragraphs (a)(1) and (a)(2) of this 
section for different wastewater streams generated at the source.
    (1) Determine Group 1 or Group 2 status. Determine whether a 
wastewater stream is a Group 1 or Group 2 wastewater stream in 
accordance with paragraphs (b) and (c) of this section.
    (2) Designate as Group 1. An owner or operator may designate as a 
Group 1 wastewater stream a single wastewater stream or a mixture of 
wastewater streams. The owner or operator is not required to determine 
the concentration or flow rate for each designated Group 1 wastewater 
stream for the purposes of this section.
    (b) Procedures to establish concentrations, when determining Group 
status under paragraph (a)(1) of this section. An owner or operator who 
elects to comply with the requirements of paragraph (a)(1) of this 
section shall determine the annual average concentration for Table 8 
and/or Table 9 compounds according to paragraph (b)(1) of this section 
for existing sources or paragraph (b)(2) of this section for new 
sources. The annual average concentration shall be a flow weighted 
average representative of actual or anticipated operation of the 
chemical manufacturing process unit generating the wastewater over a 
designated 12 month period. For flexible operation units, the owner or 
operator shall consider the anticipated production over the designated 
12 month period and include all wastewater streams generated by the 
process equipment during this period. The owner/operator is not required 
to determine the concentration of Table 8 or Table 9 compounds that are 
not reasonably expected to be in the process.
    (1) Existing sources. An owner or operator of an existing source who 
elects to comply with the requirements of paragraph (a)(1) of this 
section shall determine the flow weighted total annual average 
concentration for Table 9 compounds. For the purposes of this section, 
the term concentration, whether concentration is used alone or with 
other terms, may be adjusted by multiplying by the compound-specific 
fraction measured (Fm) factors listed in table 34 of this subpart unless 
determined by the methods in Sec. 63.144(b)(5)(i)(A) and/or (B). When 
concentration is determined by Method 305 as specified in Sec. 
63.144(b)(5)(i)(B), concentration may be adjusted by dividing by the 
compound-specific Fm factors listed in table 34 of this subpart. When 
concentration is determined by Method 25D as specified in Sec. 
63.144(b)(5)(i)(A), concentration may not be adjusted by the compound-
specific Fm factors listed in table 34 of this subpart. Compound-
specific Fm factors may be used only when concentrations of individual 
compounds are determined or when only one compound is in the wastewater 
stream. Flow weighted total annual average concentration for Table 9 
compounds means the total mass of Table 9 compounds occurring in the 
wastewater stream during the designated 12-month period divided by the 
total mass of the wastewater stream during the same designated 12-month 
period. The total annual average concentration shall be determined for 
each wastewater stream either at the point of determination, or 
downstream of the

[[Page 299]]

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

[[Page 300]]

Where an owner or operator elects to comply with paragraph (a)(1) of 
this section by measuring the concentration for the relevant Table 8 or 
Table 9 compounds, the owner or operator shall comply with the 
requirements of this paragraph. For each wastewater stream, measurements 
shall be made either at the point of determination, or downstream of the 
point of determination with adjustment for concentration changes made 
according to paragraph (b)(6) of this section. A minimum of three 
samples from each wastewater stream shall be taken. Samples may be grab 
samples or composite samples.
    (i) Methods. The owner or operator shall use any of the methods 
specified in paragraphs (b)(5)(i)(A) through (b)(5)(i)(F) of this 
section.
    (A) Method 25D. Use procedures specified in Method 25D of 40 CFR 
part 60, appendix A.
    (B) Method 305. Use procedures specified in Method 305 of 40 CFR 
part 63, appendix A.
    (C) Methods 624 and 625. Use procedures specified in Methods 624 and 
625 of 40 CFR part 136, appendix A and comply with the sampling protocol 
requirements specified in paragraph (b)(5)(ii) of this section. If these 
methods are used to analyze one or more compounds that are not on the 
method's published list of approved compounds, the Alternative Test 
Procedure specified in 40 CFR 136.4 and 136.5 shall be followed. For 
Method 625, make corrections to the compounds for which the analysis is 
being conducted based on the accuracy as recovery factors in Table 7 of 
the method.
    (D) Method 1624 and Method 1625. Use procedures specified in Method 
1624 and Method 1625 of 40 CFR part 136, appendix A and comply with the 
requirements specified in paragraph (b)(5)(ii) of this section. If these 
methods are used to analyze one or more compounds that are not on the 
method's published list of approved compounds, the Alternative Test 
Procedure specified in 40 CFR 136.4 and 136.5 shall be followed.
    (E) Other EPA method(s). Use procedures specified in the method and 
comply with the requirements specified in paragraphs (b)(5)(ii) and 
either paragraph (b)(5)(iii)(A) or (b)(5)(iii)(B) of this section.
    (F) Method(s) other than EPA method. Use procedures specified in the 
method and comply with the requirements specified in paragraphs 
(b)(5)(ii) and (b)(5)(iii)(A) of this section.
    (ii) Sampling plan. The owner or operator who is expressly referred 
to this paragraph by provisions of this subpart shall prepare a sampling 
plan. Wastewater samples shall be collected using sampling procedures 
which minimize loss of organic compounds during sample collection and 
analysis and maintain sample integrity. The sample plan shall include 
procedures for determining recovery efficiency of the relevant hazardous 
air pollutants listed in table 8 or table 9 of this subpart. An example 
of an acceptable sampling plan would be one that incorporates similar 
sampling and sample handling requirements to those of Method 25D of 40 
CFR part 60, appendix A. The sampling plan shall be maintained at the 
facility.
    (iii) Validation of methods. The owner or operator shall validate 
EPA methods other than Methods 25D, 305, 624, 625, 1624, and 1625 using 
the procedures specified in paragraph (b)(5)(iii)(A) or (b)(5)(iii)(B) 
of this section. The owner or operator shall validate other methods as 
specified in paragraph (b)(5)(iii)(A) of this section.
    (A) Validation of EPA methods and other methods. The method used to 
measure organic hazardous air pollutants concentrations in the 
wastewater shall be validated according to section 5.1 or 5.3, and the 
corresponding calculations in section 6.1 or 6.3, of Method 301 of 
appendix A of this part. The data are acceptable if they meet the 
criteria specified in section 6.1.5 or 6.3.3 of Method 301 of appendix A 
of this part. If correction is required under section 6.3.3 of Method 
301 of appendix A of this part, the data are acceptable if the 
correction factor is within the range 0.7 to 1.30. Other sections of 
Method 301 of appendix A of this part are not required. The 
concentrations of the individual organic hazardous air pollutants 
measured in the water may be corrected to their concentrations had they 
been measured by Method 305

[[Page 301]]

of appendix A of this part, by multiplying each concentration by the 
compound-specific fraction measured (Fm) factor listed in table 34 of 
this subpart.
    (B) Validation for EPA methods. Follow the procedures as specified 
in ``Alternative Validation Procedure for EPA Waste Methods'' 40 CFR 
part 63, appendix D.
    (iv) Calculations of average concentration. The average 
concentration for each individually speciated Table 8 compound shall be 
calculated by adding the individual values determined for the specific 
compound in each sample and dividing by the number of samples. The total 
average concentration of Table 9 compounds shall be calculated by first 
summing the concentration of the individual compounds to obtain a total 
hazardous air pollutants concentration for the sample; add the sample 
totals and then divide by the number of samples in the run to obtain the 
sample average for the run. If the method used does not speciate the 
compounds, the sample results should be added and this total divided by 
the number of samples in the run to obtain the sample average for the 
run.
    (6) Adjustment for concentrations determined downstream of the point 
of determination. The owner or operator shall make corrections to the 
annual average concentration or total annual average concentration when 
the concentration is determined downstream of the point of determination 
at a location where: two or more wastewater streams have been mixed; one 
or more wastewater streams have been treated; or, losses to the 
atmosphere have occurred. The owner or operator shall make the 
adjustments either to the individual data points or to the final annual 
average concentration.
    (c) Procedures to determine flow rate, when evaluating Group status 
under paragraph (a)(1) of this section. An owner or operator who elects 
to comply with paragraph (a)(1) of this section shall determine the 
annual average flow rate of the wastewater stream either at the point of 
determination for each wastewater stream, or downstream of the point of 
determination with adjustment for flow rate changes made according to 
paragraph (c)(4) of this section. These procedures may be used in 
combination for different wastewater streams at the source. The annual 
average flow rate for the wastewater stream shall be representative of 
actual or anticipated operation of the chemical manufacturing process 
unit generating the wastewater over a designated 12-month period. The 
owner or operator shall consider the total annual wastewater volume 
generated by the chemical manufacturing process unit. If the chemical 
manufacturing process unit is a flexible operation unit, the owner or 
operator shall consider all anticipated production in the process 
equipment over the designated 12-month period. The procedures specified 
in paragraphs (c)(1), (c)(2), and (c)(3) of this section are considered 
acceptable procedures for determining the flow rate. They may be used in 
combination, and no one procedure shall take precedence over another.
    (1) Knowledge of the wastewater. The owner or operator may use 
knowledge of the wastewater stream and/or the process to determine the 
annual average flow rate. The owner or operator shall use the maximum 
expected annual average production capacity of the process unit, 
knowledge of the process, and/or mass balance information to either: 
Estimate directly the annual average wastewater flow rate; or estimate 
the total annual wastewater volume and then divide total volume by 
525,600 minutes in a year. Where knowledge is used to determine the 
annual average flow rate, the owner or operator shall provide sufficient 
information to document the flow rate for wastewater streams determined 
to be Group 2 wastewater streams. Documentation to determine the annual 
average flow rate is not required for Group 1 streams.
    (2) Historical records. The owner or operator may use historical 
records to determine the annual average flow rate. Derive the highest 
annual average flow rate of wastewater from historical records 
representing the most recent 5 years of operation or, if the process 
unit has been in service for less than 5 years but at least 1 year, from 
historical records representing the total operating life of the process 
unit. Where historical records are used to determine the annual average 
flow rate, the

[[Page 302]]

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

[62 FR 2762, Jan. 17, 1997]



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

determine compliance.

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

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

    (2) Performance tests and design evaluations for control devices. 
The owner or operator shall conduct either a design evaluation as 
specified in Sec. 63.139(d), or a performance test as specified in 
paragraph (i) of this section for control devices other than flares and 
paragraph (j) of this section for flares.
    (3) Representative process unit operating conditions. Compliance 
shall be demonstrated for representative operating conditions. 
Operations during periods of startup, shutdown, or malfunction and 
periods of nonoperation shall not constitute representative conditions. 
The owner or operator shall record the process information that is 
necessary to document operating conditions during the test.
    (4) Representative treatment process or control device operating 
conditions. Performance tests shall be conducted when the treatment 
process or control device is operating at a representative inlet flow 
rate and concentration. If the treatment process or control device will 
be operating at several different sets of representative operating 
conditions, the owner or operator shall comply with paragraphs (a)(4)(i) 
and (a)(4)(ii) of this section. The owner or operator shall record 
information that

[[Page 303]]

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

[[Page 304]]

the last treatment process in the series, respectively, except as 
provided in paragraph (a)(9)(ii) of this section.
    (B) The inlet to the biological treatment process shall be the point 
at which the wastewater enters the biological treatment process or the 
outlet from the series of treatment processes identified in paragraph 
(a)(7)(i)(A) of this section, except as provided in paragraph (a)(9)(ii) 
of this section.
    (ii) The owner or operator shall conduct the performance test across 
each treatment process in the series of treatment processes. The mass 
flow rate removed or destroyed by each treatment process shall be added 
together to determine whether compliance has been demonstrated using 
Sec. 63.145 (c), (d), (e), (f), and (g), as applicable. If a biological 
treatment process is one of the treatment processes in the series of 
treatment processes, the inlet to the biological treatment process shall 
be the point at which the wastewater enters the biological treatment 
process, or the inlet to the equalization tank if all the criteria of 
paragraph (a)(9)(ii) of this section are met.
    (8) When using a biological treatment process to comply with Sec. 
63.138 of this subpart, the owner or operator may elect to calculate the 
AMR using a subset of Table 8 and/or Table 9 compounds determined at the 
point of determination or downstream of the point of determination with 
adjustment for concentration and flowrate changes made according to 
Sec. 63.144(b)(6) and Sec. 63.144(c)(4) of this subpart, respectively. 
All Table 8 and/or Table 9 compounds measured to determine the RMR, 
except as provided by Sec. 63.145(a)(6), shall be included in the RMR 
calculation.
    (9) The owner or operator determining the inlet for purposes of 
demonstrating compliance with Sec. 63.145 (e), (f), or (g) of this 
subpart may elect to comply with paragraph (a)(9)(i) or (a)(9)(ii) of 
this section.
    (i) When wastewater is conveyed exclusively by hard-piping from the 
point of determination to a treatment process that is either the only 
treatment process or the first in a series of treatment processes (i.e., 
no treatment processes or other waste management units are used upstream 
of this treatment process to store, handle, or convey the wastewater), 
the inlet to the treatment process shall be at any location from the 
point of determination to where the wastewater stream enters the 
treatment process. When samples are taken upstream of the treatment 
process and before wastewater streams have converged, the owner or 
operator shall ensure that the mass flow rate of all Group 1 wastewater 
streams is accounted for when using Sec. 63.138 (e) or (f) to comply 
and that the mass flow rate of all Group 1 and Group 2 wastewater 
streams is accounted for when using Sec. 63.138(g) to comply, except as 
provided in Sec. 63.145(a)(6).
    (ii) The owner or operator may consider the inlet to the 
equalization tank as the inlet to the biological treatment process if 
all the criteria in paragraphs (a)(9)(ii)(A) through (a)(9)(ii)(C) of 
this section are met. The outlet from the series of treatment processes 
prior to the biological treatment process is the point at which the 
wastewater exits the last treatment process in the series prior to the 
equalization tank, if the equalization tank and biological treatment 
process are part of a series of treatment processes. The owner or 
operator shall ensure that the mass flow rate of all Group 1 wastewater 
streams is accounted for when using Sec. 63.138 (e) or (f) to comply 
and that the mass flow rate of all Group 1 and Group 2 wastewater 
streams is accounted for when using Sec. 63.138(g) to comply, except as 
provided in Sec. 63.145(a)(6).
    (A) The wastewater is conveyed by hard-piping from either the last 
previous treatment process or the point of determination to the 
equalization tank.
    (B) The wastewater is conveyed from the equalization tank 
exclusively by hard-piping to the biological treatment process and no 
treatment processes or other waste management units are used to store, 
handle, or convey the wastewater between the equalization tank and the 
biological treatment process.
    (C) The equalization tank is equipped with a fixed roof and a closed 
vent system that routes emissions to a control device that meets the 
requirements of Sec. 63.133(a)(2)(i) and Sec. 63.133 (b)(1) through 
(b)(4) of this subpart.

[[Page 305]]

    (b) Noncombustion treatment process--concentration limits. This 
paragraph applies to performance tests that are conducted to demonstrate 
compliance of a noncombustion treatment process with the parts per 
million by weight wastewater stream concentration limits at the outlet 
of the treatment process. This compliance option is specified in Sec. 
63.138(b)(1) and Sec. 63.138(c)(1). Wastewater samples shall be 
collected using sampling procedures which minimize loss of organic 
compounds during sample collection and analysis and maintain sample 
integrity per Sec. 63.144(b)(5)(ii). Samples shall be collected and 
analyzed using the procedures specified in Sec. 63.144 (b)(5)(i), 
(b)(5)(ii), and (b)(5)(iii) of this subpart. Samples may be grab samples 
or composite samples. Samples shall be taken at approximately equally 
spaced time intervals over a 1-hour period. Each 1-hour period 
constitutes a run, and the performance test shall consist of a minimum 
of 3 runs. Concentration measurements based on Method 305 may be 
adjusted by dividing each concentration by the compound-specific Fm 
factor listed in Table 34 of this subpart. Concentration measurements 
based on methods other than Method 305 may be adjusted by multiplying 
each concentration by the compound-specific Fm factor listed in table 34 
of this subpart. (For wastewater streams that are Group 1 for both Table 
8 and Table 9 compounds, compliance is demonstrated only if the sum of 
the concentrations of Table 9 compounds is less than 50 ppmw, and the 
concentration of each Table 8 compound is less than 10 ppmw.)
    (c) Noncombustion, nonbiological treatment process: Percent mass 
removal/destruction option. This paragraph applies to performance tests 
that are conducted to demonstrate compliance of a noncombustion, 
nonbiological treatment process with the percent mass removal limits 
specified in Sec. 63.138(e) (1) and (2) for Table 8 and/or Table 9 
compounds. The owner or operator shall comply with the requirements 
specified in Sec. 63.145 (c)(1) through (c)(6) of this subpart.
    (1) Concentration. The concentration of Table 8 and/or Table 9 
compounds entering and exiting the treatment process shall be determined 
as provided in this paragraph. Wastewater samples shall be collected 
using sampling procedures which minimize loss of organic compounds 
during sample collection and analysis and maintain sample integrity per 
Sec. 63.144(b)(5)(ii). The method shall be an analytical method for 
wastewater which has that compound as a target analyte. Samples may be 
grab samples or composite samples. Samples shall be taken at 
approximately equally spaced time intervals over a 1-hour period. Each 
1-hour period constitutes a run, and the performance test shall consist 
of a minimum of 3 runs. Concentration measurements based on Method 305 
shall be adjusted by dividing each concentration by the compound-
specific Fm factor listed in Table 34 of this subpart. Concentration 
measurements based on methods other than Method 305 shall not adjust by 
the compound-specific Fm factor listed in Table 34 of this subpart.
    (2) Flow rate. The flow rate of the entering and exiting wastewater 
streams shall be determined using inlet and outlet flow measurement 
devices, respectively. Where the outlet flow is not greater than the 
inlet flow, a flow measurement device shall be used, and may be used at 
either the inlet or outlet. Flow rate measurements shall be taken at the 
same time as the concentration measurements.
    (3) Calculation of mass flow rate--for noncombustion, nonbiological 
treatment processes. The mass flow rates of Table 8 and/or Table 9 
compounds entering and exiting the treatment process are calculated as 
follows.
[GRAPHIC] [TIFF OMITTED] TR17JA97.000


[[Page 306]]


[GRAPHIC] [TIFF OMITTED] TR17JA97.001

Where:

QMWa, QMWb=Mass flow rate of Table 8 or Table 9 
          compounds, average of all runs, in wastewater entering 
          (QMWa) or exiting (QMWb) the treatment 
          process, kilograms per hour.
[rho]=Density of the wastewater, kilograms per cubic meter.
Qa, k, Qbb, k=Volumetric flow rate of wastewater 
          entering (Qa, k) or exiting (Qb, k) the 
          treatment process during each run k, cubic meters per hour.
CT, a, k, CT, b, k=Total concentration of Table 8 
          or Table 9 compounds in wastewater entering 
          (CT, a, k) or exiting (CT, b, k) the 
          treatment process during each run k, parts per million by 
          weight.
p=Number of runs.
k=Identifier for a run.
10\6\=conversion factor, mg/kg

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

Where:

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

    (5) Calculation of flow-weighted average of Fr values. If complying 
with Sec. 63.138(e)(2), use Equation WW8 to calculate the flow-weighted 
average of the Fr values listed in Table 9 of this subpart. When the 
term ``combustion'' is used in Equation WW8, the term ``treatment 
process'' shall be used for the purposes of this paragraph.
    (6) Compare mass removal efficiency to required efficiency. Compare 
the mass removal efficiency (calculated in Equation WW3) to the required 
efficiency as specified in Sec. 63.138(e) of this subpart. If complying 
with Sec. 63.138(e)(1), compliance is demonstrated if the mass removal 
efficiency is 99 percent or greater. If complying with Sec. 
63.138(e)(2), compliance is demonstrated if the mass removal efficiency 
is greater than or equal to the flow-weighted average of the Fr values 
calculated in Equation WW8.
    (d) Combustion treatment processes: percent mass removal/destruction 
option. This paragraph applies to performance tests that are conducted 
to demonstrate compliance of a combustion treatment process with the 
percent mass destruction limits specified in Sec. 63.138(e) (1) and (2) 
for Table 9 compounds, and/or Sec. 63.138(e)(1) for Table 8 compounds. 
The owner or operator shall comply with the requirements specified in 
Sec. 63.145 (d)(1) through (d)(9) of this subpart. (Wastewater streams 
that are Group 1 for both Table 8 and Table 9 compounds need only do the 
compliance demonstration for Table 9 compounds.)
    (1) Concentration in wastewater stream entering the combustion 
treatment process. The concentration of Table 8 and/or Table 9 compounds 
entering the treatment process shall be determined as provided in this 
paragraph. Wastewater samples shall be collected using sampling 
procedures which minimize loss of organic compounds during sample 
collection and analysis and maintain sample integrity per Sec. 
63.144(b)(5)(ii). The method shall be an analytical method for 
wastewater which has that compound as a target analyte. Samples

[[Page 307]]

may be grab samples or composite samples. Samples shall be taken at 
approximately equally spaced time intervals over a 1-hour period. Each 
1-hour period constitutes a run, and the performance test shall consist 
of a minimum of 3 runs. Concentration measurements based on Method 305 
of appendix A of this part shall be adjusted by dividing each 
concentration by the compound-specific Fm factor listed in table 34 of 
this subpart. Concentration measurements based on methods other than 
Method 305 shall not adjust by the compound-specific Fm factor listed in 
table 34 of this subpart.
    (2) Flow rate of wastewater entering the combustion treatment 
process. The flow rate of the wastewater stream entering the combustion 
treatment process shall be determined using an inlet flow meter. Flow 
rate measurements shall be taken at the same time as the concentration 
measurements.
    (3) Calculation of mass flow rate in wastewater stream entering 
combustion treatment processes. The mass flow rate of Table 8 and/or 
Table 9 compounds entering the treatment process is calculated as 
follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.003

Where:

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

    (4) Concentration in vented gas stream exiting the combustion 
treatment process. The concentration of Table 8 and/or Table 9 compounds 
exiting the combustion treatment process in any vented gas stream shall 
be determined as provided in this paragraph. Samples may be grab samples 
or composite samples. Samples shall be taken at approximately equally 
spaced time intervals over a 1-hour period. Each 1-hour period 
constitutes a run, and the performance test shall consist of a minimum 
of 3 runs. Concentration measurements shall be determined using Method 
18 of 40 CFR part 60, appendix A. Alternatively, any other test method 
validated according to the procedures in Method 301 of appendix A of 
this part may be used.
    (5) Volumetric flow rate of vented gas stream exiting the combustion 
treatment process. The volumetric flow rate of the vented gas stream 
exiting the combustion treatment process shall be determined using 
Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate. 
Volumetric flow rate measurements shall be taken at the same time as the 
concentration measurements.
    (6) Calculation of mass flow rate of vented gas stream exiting 
combustion treatment processes. The mass flow rate of Table 8 and/or 
Table 9 compounds in a vented gas stream exiting the combustion 
treatment process shall be calculated as follows:
    (Eqn WW5) [Reserved]
    [GRAPHIC] [TIFF OMITTED] TR17JA97.005
    

[[Page 308]]


Where:

CGa, i, CGb, i=Concentration of total organic 
          compounds (TOC) (minus methane and ethane) or total organic 
          hazardous air pollutants, in vented gas stream, entering 
          (CGa, i) and exiting (CGb, i) the 
          control device, dry basis, parts per million by volume.
QMGa, QMGb=Mass rate of TOC (minus methane and 
          ethane) or total organic hazardous air pollutants, in vented 
          gas stream, entering (QMGa) and exiting 
          (QMGb) the control device, dry basis, kilograms per 
          hour.
MWi=Molecular weight of a component, kilogram/kilogram-mole.
QGa,QGb=Flow rate of gas stream entering 
          (QGa) and exiting (QGb) the control 
          device, dry standard cubic meters per hour.
K2=Constant, 41.57x10-9 (parts per 
          million)-1 (gram-mole per standard cubic meter) 
          (kilogram/gram), where standard temperature (gram-mole per 
          standard cubic meter) is 20 [deg]Celsius.
i=Identifier for a compound.
n=Number of components in the sample.

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

Where:

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

    (8) Calculation of flow-weighted average of Fr values. Use Equation 
WW8 to calculate the flow-weighted average of the Fr values listed in 
table 9 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR17JA97.007

Where:

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

    (9) Calculate flow-weighted average of Fr values and compare to mass 
destruction efficiency. Compare the mass destruction efficiency 
(calculated in Equation WW 7) to the required efficiency as specified in 
Sec. 63.138(e). If complying with Sec. 63.138(e)(1), compliance is 
demonstrated if the mass destruction efficiency is 99 percent or 
greater. If complying with Sec. 63.138(e)(2), compliance is 
demonstrated if the mass destruction efficiency is greater than or equal 
to the flow-weighted average of the Fr value calculated in Equation WW8.
    (e) Non-combustion treatment processes including closed biological 
treatment processes: RMR option. This paragraph applies to performance 
tests for non-combustion treatment processes other than open biological 
treatment processes to demonstrate compliance with the mass removal 
provisions for Table 8 and/or

[[Page 309]]

Table 9 compounds. Compliance options for noncombustion treatment 
processes are specified in Sec. 63.138(f) of this subpart. Compliance 
options for closed aerobic or anaerobic biological treatment processes 
are specified in Sec. 63.138(f) and Sec. 63.138(g) of this subpart. 
When complying with Sec. 63.138(f), the owner or operator shall comply 
with the requirements specified in Sec. 63.145(e)(1) through (e)(6) of 
this subpart. When complying with Sec. 63.138(g), the owner or operator 
shall comply with the requirements specified in Sec. 63.145(e)(1) 
through (e)(6) of this subpart. (Wastewater streams that are Group 1 for 
both Table 8 and Table 9 compounds need only do the compliance 
demonstration for Table 9 compounds.)
    (1) Concentration in wastewater stream. The concentration of Table 8 
and/or Table 9 compounds shall be determined as provided in this 
paragraph. Concentration measurements to determine RMR shall be taken at 
the point of determination or downstream of the point of determination 
with adjustment for concentration change made according to Sec. 
63.144(b)(6) of this subpart. Concentration measurements to determine 
AMR shall be taken at the inlet and outlet to the treatment process and 
as provided in Sec. 63.145(a)(7) for a series of treatment processes. 
Wastewater samples shall be collected using sampling procedures which 
minimize loss of organic compounds during sample collection and analysis 
and maintain sample integrity per Sec. 63.144(b)(5)(ii). The method 
shall be an analytical method for wastewater which has that compound as 
a target analyte. Samples may be grab samples or composite samples. 
Samples shall be taken at approximately equally spaced time intervals 
over a 1-hour period. Each 1-hour period constitutes a run, and the 
performance test shall consist of a minimum of 3 runs. Concentration 
measurements based on Method 305 shall be adjusted by dividing each 
concentration by the compound-specific Fm factor listed in table 34 of 
this subpart. Concentration measurements based on methods other than 
Method 305 shall not adjust by the compound-specific Fm factor listed in 
table 34 of this subpart.
    (2) Flow rate. Flow rate measurements to determine RMR shall be 
taken at the point of determination or downstream of the point of 
determination with adjustment for flow rate change made according to 
Sec. 63.144(c)(4) of this subpart. Flow rate measurements to determine 
AMR shall be taken at the inlet and outlet to the treatment process and 
as provided in Sec. 63.145(a)(7) for a series of treatment processes. 
Flow rate shall be determined using inlet and outlet flow measurement 
devices. Where the outlet flow is not greater than the inlet flow, a 
flow measurement device shall be used, and may be used at either the 
inlet or outlet. Flow rate measurements shall be taken at the same time 
as the concentration measurements.
    (3) Calculation of RMR for non-combustion treatment processes 
including closed biological treatment processes. When using Sec. 
63.138(f) to comply, the required mass removal of Table 8 and/or Table 9 
compounds for each Group 1 wastewater stream shall be calculated as 
specified in paragraph (e)(3)(i) of this section. When using Sec. 
63.138(g) to comply, the required mass removal shall be calculated as 
specified in paragraph (e)(3)(ii) of this section.
    (i) When using Sec. 63.138(f) to comply, the required mass removal 
of Table 8 and/or Table 9 compounds for each Group 1 wastewater stream 
shall be calculated using Equation WW9.
[GRAPHIC] [TIFF OMITTED] TR17JA97.008

Where:

RMR=Required mass removal for treatment process or series of treatment 
          processes, kilograms per hour.

[[Page 310]]

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

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

Where:

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

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

Where:

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

    (6) Compare RMR to AMR. When complying with Sec. 63.138(f), compare 
the RMR calculated in Equation WW9 to the AMR calculated in Equation 
WW10. Compliance is demonstrated if the AMR is greater than or equal to 
the RMR. When complying with Sec. 63.138(g), compare the RMR calculated 
in Equation WW-9a to the AMR calculated in Equation WW10. Compliance is 
demonstrated if the AMR is greater than or equal to 95-percent mass 
removal.
    (f) Open or closed aerobic biological treatment processes: Required 
mass removal (RMR) option. This paragraph applies to the use of 
performance tests that are conducted for open or closed aerobic 
biological treatment processes to demonstrate compliance with the

[[Page 311]]

mass removal provisions for Table 8 and/or Table 9 compounds. These 
compliance options are specified in Sec. 63.138(f) of this subpart. The 
owner or operator shall comply with the requirements specified in Sec. 
63.145 (f)(1) through (f)(6) of this subpart. Some compounds may not 
require a performance test. Refer to Sec. 63.145(h) and table 36 of 
this subpart to determine which compounds may be exempt from the 
requirements of this paragraph.
    (1) Concentration in wastewater stream. The concentration of Table 8 
and/or Table 9 compounds shall be determined as provided in this 
paragraph. Concentration measurements to determine RMR shall be taken at 
the point of determination or downstream of the point of determination 
with adjustment for concentration change made according to Sec. 
63.144(b)(6) of this subpart. Concentration measurements to determine 
AMR shall be taken at the inlet and outlet to the treatment process and 
as provided in Sec. 63.145(a)(7) for a series of treatment processes. 
Wastewater samples shall be collected using sampling procedures which 
minimize loss of organic compounds during sample collection and analysis 
and maintain sample integrity per Sec. 63.144(b)(5)(ii). The method 
shall be an analytical method for wastewater which has that compound as 
a target analyte. Samples may be grab samples or composite samples. 
Samples shall be taken at approximately equally spaced time intervals 
over a 1-hour period. Each 1-hour period constitutes a run, and the 
performance test shall consist of a minimum of 3 runs. Concentration 
measurements based on Method 305 shall be adjusted by dividing each 
concentration by the compound-specific Fm factor listed in table 34 of 
this subpart. Concentration measurements based on methods other than 
Method 305 shall not adjust by the compound-specific Fm factor listed in 
table 34 of this subpart.
    (2) Flow rate. Flow rate measurements to determine RMR shall be 
taken at the point of determination or downstream of the point of 
determination with adjustment for flow rate change made according to 
Sec. 63.144(c)(4) of this subpart. Flow rate measurements to determine 
AMR shall be taken at the inlet and outlet to the treatment process and 
as provided in Sec. 63.145(a)(7) for a series of treatment processes. 
Flow rate shall be determined using inlet and outlet flow measurement 
devices. Where the outlet flow is not greater than the inlet flow, a 
flow measurement device shall be used, and may be used at either the 
inlet or outlet. Flow rate measurements shall be taken at the same time 
as the concentration measurements.
    (3) Calculation of RMR for open or closed aerobic biological 
treatment processes. The required mass removal of Table 8 and/or Table 9 
compounds for each Group 1 wastewater stream shall be calculated using 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.011

Where:

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

    (4) The required mass removal is calculated by adding together the 
required mass removal for each Group 1 wastewater stream to be combined 
for treatment.

[[Page 312]]

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

Where:

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

    (ii) Calculate AMR across a series of treatment units where the last 
treatment unit is an open or closed aerobic biological treatment process 
as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA97.013

Where:

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

    (6) Compare RMR to AMR. Compare the RMR calculated in Equation WW11 
to the AMR calculated in either Equation WW12 or WW13, as applicable. 
Compliance is demonstrated if the AMR is greater than or equal to the 
RMR.
    (g) Open or closed aerobic biological treatment processes: 95-
percent mass removal option. This paragraph applies to performance tests 
that are conducted for open or closed aerobic biological treatment 
processes to demonstrate compliance with the 95-percent mass removal 
provisions for Table 8 and/or Table 9 compounds. This compliance option 
is specified in Sec. 63.138(g) of this subpart. The RMR for this option 
is 95-percent mass removal. The owner or operator shall comply with the 
requirements specified in Sec. 63.145(g)(1) to determine AMR, Sec. 
63.145 (e)(3)(ii) and (e)(4)(ii) to determine RMR, and (g)(2) of this 
subpart to determine whether compliance has been demonstrated. Some 
compounds may not require a performance test. Refer to Sec. 63.145(h) 
and table 36 of this subpart to determine which compounds may be exempt 
from the requirements of this paragraph. (Wastewater streams that are 
Group 1 for both Table 8 and Table 9 compounds need only do the 
compliance demonstration for Table 9 compounds.)
    (1) The owner or operator shall comply with the requirements 
specified in

[[Page 313]]

paragraphs (f)(1), (f)(2), and (f)(5) of this section to determine AMR. 
References to Group 1 wastewater streams shall be deemed Group 1 and 
Group 2 wastewater streams for the purposes of this paragraph.
    (2) Compare RMR to AMR. Compliance is demonstrated if the AMR is 
greater than or equal to RMR.
    (h) Site-specific fraction biodegraded (Fbio). The compounds listed 
in table 9 of this subpart are divided into two sets for the purpose of 
determining whether Fbio must be determined, and if 
Fbio must be determined, which procedures may be used to 
determine compound-specific kinetic parameters. These sets are 
designated as lists 1 and 2 in table 36 of this subpart.
    (1) Performance test exemption. If a biological treatment process 
meets the requirements specified in paragraphs (h)(1)(i) and (h)(1)(ii) 
of this section, the owner or operator is not required to determine 
Fbio and is exempt from the applicable performance test 
requirements specified in Sec. 63.138 of this subpart.
    (i) The biological treatment process meets the definition of 
``enhanced biological treatment process'' in Sec. 63.111 of this 
subpart.
    (ii) At least 99 percent by weight of all compounds on table 36 of 
this subpart that are present in the aggregate of all wastewater streams 
using the biological treatment process to comply with Sec. 63.138 of 
this subpart are compounds on list 1 of table 36 of this subpart.
    (2) Fbio determination. If a biological treatment process does not 
meet the requirement specified in paragraph (h)(1)(i) of this section, 
the owner or operator shall determine Fbio for the biological 
treatment process using the procedures in appendix C to part 63, and 
paragraph (h)(2)(ii) of this section. If a biological treatment process 
meets the requirements of paragraph (h)(1)(i) of this section but does 
not meet the requirement specified in paragraph (h)(1)(ii) of this 
section, the owner or operator shall determine Fbio for the 
biological treatment process using the procedures in appendix C to part 
63, and paragraph (h)(2)(i) of this section.
    (i) Enhanced biological treatment processes. If the biological 
treatment process meets the definition of ``enhanced biological 
treatment process'' in Sec. 63.111 of this subpart and the wastewater 
streams include one or more compounds on list 2 of table 36 of this 
subpart that do not meet the criteria in paragraph (h)(1)(ii) of this 
section, the owner or operator shall determine fbio for the 
list 2 compounds using any of the procedures specified in appendix C of 
40 CFR part 63. (The symbol ``fbio'' represents the site 
specific fraction of an individual Table 8 or Table 9 compound that is 
biodegraded.) The owner or operator shall calculate fbio for 
the list 1 compounds using the defaults for first order biodegradation 
rate constants (K1) in table 37 of subpart G and follow the 
procedure explained in form III of appendix C, 40 CFR part 63, or any of 
the procedures specified in appendix C, 40 CFR part 63.
    (ii) Biological treatment processes that are not enhanced biological 
treatment processes. For biological treatment processes that do not meet 
the definition for ``enhanced biological treatment process'' in Sec. 
63.111 of this subpart, the owner or operator shall determine the 
fbio for the list 1 and 2 compounds using any of the 
procedures in appendix C to part 63, except procedure 3 (inlet and 
outlet concentration measurements). (The symbol ``fbio'' 
represents the site specific fraction of an individual Table 8 or Table 
9 compound that is biodegraded.)
    (i) Performance tests for control devices other than flares. This 
paragraph applies to performance tests that are conducted to demonstrate 
compliance of a control device with the efficiency limits specified in 
Sec. 63.139(c). If complying with the 95-percent reduction efficiency 
requirement, comply with the requirements specified in paragraphs (i)(1) 
through (i)(9) of this section. If complying with the 20 ppm by volume 
requirement, comply with the requirements specified in paragraphs (i)(1) 
through (i)(6) and (i)(9) of this section. The 20 ppm by volume limit or 
95-percent reduction efficiency requirement shall be measured as either 
total organic hazardous air pollutants or as TOC minus methane and 
ethane.
    (1) Sampling sites. Sampling sites shall be selected using Method 1 
or 1A

[[Page 314]]

of 40 CFR part 60, appendix A, as appropriate. For determination of 
compliance with the 95 percent reduction requirement, sampling sites 
shall be located at the inlet and the outlet of the control device. For 
determination of compliance with the 20 parts per million by volume 
limit, the sampling site shall be located at the outlet of the control 
device.
    (2) Concentration in gas stream entering or exiting the control 
device. The concentration of total organic hazardous air pollutants or 
TOC in a gas stream shall be determined as provided in this paragraph. 
Samples may be grab samples or composite samples (i.e., integrated 
samples). Samples shall be taken at approximately equally spaced time 
intervals over a 1-hour period. Each 1-hour period constitutes a run, 
and the performance test shall consist of a minimum of 3 runs. 
Concentration measurements shall be determined using Method 18 of 40 CFR 
part 60, appendix A. Alternatively, any other test method validated 
according to the procedures in Method 301 of appendix A of this part may 
be used.
    (3) Volumetric flow rate of gas stream entering or exiting the 
control device. The volumetric flow rate of the gas stream shall be 
determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, 
as appropriate. Volumetric flow rate measurements shall be taken at the 
same time as the concentration measurements.
    (4) Calculation of TOC concentration. The TOC concentration 
(CGT) is the sum of the concentrations of the individual 
components. If compliance is being determined based on TOC, the owner or 
operator shall compute TOC for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JA97.014

Where:

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

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

[[Page 315]]

[GRAPHIC] [TIFF OMITTED] TR17JA97.015

Where:

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

    (7) Mass rate calculation. The mass rate of either TOC (minus 
methane and ethane) or total organic hazardous air pollutants shall be 
calculated using the following equations. Where the mass rate of TOC is 
being calculated, all organic compounds (minus methane and ethane) 
measured by methods specified in paragraph (i)(2) of this section are 
summed using Equations WW16 and WW17. Where the mass rate of total 
organic hazardous air pollutants is being calculated, only Table 9 
compounds shall be summed using Equations WW16 and WW17.
[GRAPHIC] [TIFF OMITTED] TR17JA97.016

[GRAPHIC] [TIFF OMITTED] TR17JA97.017

Where:

CGa, i, CGb, i=Concentration of TOC (minus methane 
          and ethane) or total organic hazardous air pollutants, in 
          vented gas stream, entering (CGa, i) and exiting 
          (CGb, i) the control device, dry basis, parts per 
          million by volume.
QMGa, QMGb=Mass rate of TOC (minus methane and 
          ethane) or total organic hazardous air pollutants, in vented 
          gas stream, entering (QMGa) and exiting 
          (QMGb) the control device, dry basis, kilograms per 
          hour.
MWi=Molecular weight of a component, kilogram/kilogram-mole.
QGa, QGb=Flow rate of gas stream entering 
          (QGa) and exiting (QGb) the control 
          device, dry standard cubic meters per hour.
K2=Constant, 41.57x10-9 (parts per 
          million)-1 (gram-mole per standard cubic meter) 
          (kilogram/gram), where standard temperature (gram-mole per 
          standard cubic meter) is 20 [deg]Celsius.
i=Identifier for a compound.
n=Number of components in the sample.

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

Where:

E=Destruction efficiency of control device, percent.
QMGa, QMGb=Mass rate of TOC (minus methane and 
          ethane) or total organic hazardous air pollutants, in vented 
          gas stream entering and exiting (QMGb) the control 
          device, dry basis, kilograms per hour.


[[Page 316]]


    (9) Compare mass destruction efficiency to required efficiency. If 
complying with the 95 percent reduction efficiency requirement, 
compliance is demonstrated if the mass destruction efficiency 
(calculated in Equation WW18) is 95 percent or greater. If complying 
with the 20 parts per million by volume limit in Sec. 63.139 (c)(1)(ii) 
of this subpart, compliance is demonstrated if the outlet total organic 
compound concentration, less methane and ethane, or total organic 
hazardous air pollutants concentration is 20 parts per million by 
volume, or less. For combustion control devices, the concentration shall 
be calculated on a dry basis, corrected to 3 percent oxygen.
    (j) When a flare is used to comply with Sec. 63.139(c), the owner 
or operator shall comply with paragraphs (j)(1) through (3) of this 
section. The owner or operator is not required to conduct a performance 
test to determine percent emission reduction or outlet organic HAP or 
TOC concentration.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4).
    (2) Determine the net heating value of the gas being combusted using 
the techniques specified in Sec. 63.11(b)(6).
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where 
applicable) or Sec. 63.11(b)(8), as appropriate.

[62 FR 2765, Jan. 17, 1997, as amended at 63 FR 67793, Dec. 9, 1998; 64 
FR 20192, Apr. 26, 1999; 66 FR 6933, Jan. 22, 2001]



Sec. 63.146  Process wastewater provisions--reporting.

    (a) For each waste management unit, treatment process, or control 
device used to comply with Sec. Sec. 63.138 (b)(1), (c)(1), (d), (e), 
(f), or (g) of this subpart for which the owner or operator seeks to 
monitor a parameter other than those specified in table 11, table 12, or 
table 13 of this subpart, the owner or operator shall submit a request 
for approval to monitor alternative parameters according to the 
procedures specified in Sec. 63.151(f) or (g) of this subpart.
    (b) The owner or operator shall submit the information specified in 
paragraphs (b)(1) through (b)(9) of this section as part of the 
Notification of Compliance Status required by Sec. 63.152(b) of this 
subpart.
    (1) Requirements for Group 2 wastewater streams. This paragraph does 
not apply to Group 2 wastewater streams that are used to comply with 
Sec. 63.138(g). For Group 2 wastewater streams, the owner or operator 
shall include the information specified in paragraphs (b)(1)(i) through 
(iv) of this section in the Notification of Compliance Status Report. 
This information may be submitted in any form. Table 15 of this subpart 
is an example.
    (i) Process unit identification and description of the process unit.
    (ii) Stream identification code.
    (iii) For existing sources, concentration of table 9 compound(s) in 
parts per million, by weight. For new sources, concentration of table 8 
and/or table 9 compound(s) in parts per million, by weight. Include 
documentation of the methodology used to determine concentration.
    (iv) Flow rate in liter per minute.
    (2) For each new and existing source, the owner or operator shall 
submit the information specified in table 15 of this subpart for Table 8 
and/or Table 9 compounds.
    (3) [Reserved]
    (4) For each treatment process identified in table 15 of this 
subpart that receives, manages, or treats a Group 1 wastewater stream or 
residual removed from a Group 1 wastewater stream, the owner or operator 
shall submit the information specified in table 17 of this subpart.
    (5) For each waste management unit identified in table 15 of this 
subpart that receives or manages a Group 1 wastewater stream or residual 
removed from a Group 1 wastewater stream, the owner or operator shall 
submit the information specified in table 18 of this subpart.
    (6) For each residual removed from a Group 1 wastewater stream, the 
owner or operator shall report the information specified in table 19 of 
this subpart.
    (7) For each control device used to comply with Sec. Sec. 63.133 
through 63.139 of this subpart, the owner or operator shall report the 
information specified in paragraphs (b)(7)(i) and (b)(7)(ii) of this 
section.

[[Page 317]]

    (i) For each flare, the owner or operator shall submit the 
information specified in paragraphs (b)(7)(i)(A) through (b)(7)(i)(C) of 
this section.
    (A) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (B) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.139(c)(3) of this subpart; 
and
    (C) Reports of the times and durations of all periods during the 
compliance determination when the pilot flame is absent or the monitor 
is not operating.
    (ii) For each control device other than a flare, the owner or 
operator shall submit the information specified in paragraph 
(b)(7)(ii)(A) of this section and in either paragraph (b)(7)(ii)(B) or 
(b)(7)(ii)(C) of this section.
    (A) The information on parameter ranges specified in Sec. 
63.152(b)(2) of this subpart for the applicable parameters specified in 
table 13 of this subpart, unless the parameter range has already been 
established in the operating permit; and either
    (B) The design evaluation specified in Sec. 63.139(d)(2) of this 
subpart; or
    (C) Results of the performance test specified in Sec. 63.139(d)(1) 
of this subpart. Performance test results shall include operating ranges 
of key process and control parameters during the performance test; the 
value of each parameter being monitored in accordance with Sec. 63.143 
of this subpart; and applicable supporting calculations.
    (8) For each treatment process used to comply with Sec. 
63.138(b)(1), (c)(1), (d), (e), (f), or (g) of this subpart, the owner 
or operator shall submit the information specified in paragraphs 
(b)(8)(i) and (b)(8)(ii) of this section.
    (i) For Items 1 and 2 in table 12 of this subpart, the owner or 
operator shall submit the information specified in paragraphs 
(b)(8)(i)(A) and (b)(8)(i)(B) of this section. An owner or operator 
using the design steam stripper compliance option specified Sec. 
63.138(d) of this subpart does not have to submit the information 
specified in paragraph (b)(8)(i)(A) or (b)(8)(i)(B) of this section. 
However, the monitoring requirements specified in Item 2 of table 12 of 
this subpart still apply.
    (A) The information on parameter ranges specified in Sec. 
63.152(b)(2) of this subpart for the parameters approved by the 
Administrator, unless the parameter range has already been established 
in the operating permit.
    (B) Results of the initial measurements of the parameters approved 
by the Administrator and any applicable supporting calculations.
    (ii) For Item 3 in table 12 of this subpart, the owner or operator 
shall submit the information on parameter ranges specified in Sec. 
63.152(b)(2) of this subpart for the parameters specified in Item 3 of 
table 12 of this subpart, unless the parameter range has already been 
established in the operating permit.
    (9) For each waste management unit or treatment process used to 
comply with Sec. 63.138(b)(1), (c)(1), (e), (f), or (g), the owner or 
operator shall submit the information specified in either paragraph 
(b)(9)(i) or (ii) of this section.
    (i) The design evaluation and supporting documentation specified in 
Sec. 63.138(j)(1) of this subpart.
    (ii) Results of the performance test specified in Sec. 63.138(j)(2) 
of this subpart. Performance test results shall include operating ranges 
of key process and control parameters during the performance test; the 
value of each parameter being monitored in accordance with Sec. 63.143 
of this subpart; and applicable supporting calculations.
    (c) For each waste management unit that receives, manages, or treats 
a Group 1 wastewater stream or residual removed from a Group 1 
wastewater stream, the owner or operator shall submit as part of the 
next Periodic Report required by Sec. 63.152(c) of this subpart the 
results of each inspection required by Sec. 63.143(a) of this subpart 
in which a control equipment failure was identified. Control equipment 
failure is defined for each waste management unit in Sec. Sec. 63.133 
through 63.137 of this subpart. Each Periodic Report shall include the 
date of the inspection, identification of each waste management unit in 
which a control equipment failure was detected, description of the 
failure, and description of the nature of and date the repair was made.

[[Page 318]]

    (d) Except as provided in paragraph (f) of this section, for each 
treatment process used to comply with Sec. 63.138(b)(1), (c)(1), (d), 
(e) , (f), or (g), the owner or operator shall submit as part of the 
next Periodic Report required by Sec. 63.152(c) the information 
specified in paragraphs (d)(1), (2), and (3) of this section for the 
monitoring required by Sec. 63.143(b), (c), and (d).
    (1) For Item 1 in table 12, the owner or operator shall submit the 
results of measurements that indicate that the biological treatment unit 
is outside the range established in the Notification of Compliance 
Status or operating permit.
    (2) For Item 2 in table 12, the owner or operator shall submit the 
monitoring results for each operating day during which the daily average 
value of a continuously monitored parameter is outside the range 
established in the Notification of Compliance Status or operating 
permit.
    (3) For Item 3 in table 12 of this subpart, the owner or operator 
shall submit the monitoring results for each operating day during which 
the daily average value of any monitored parameter approved in 
accordance with Sec. 63.151 (f) was outside the range established in 
the Notification of Compliance Status or operating permit.
    (e) Except as provided in paragraph (f) of this section, for each 
control device used to comply with Sec. Sec. 63.133 through 63.139 of 
this subpart, the owner or operator shall submit as part of the next 
Periodic Report required by Sec. 63.152(c) of this subpart the 
information specified in either paragraph (e)(1) or (e)(2) of this 
section.
    (1) The information specified in table 20 of this subpart, or
    (2) If the owner or operator elects to comply with Sec. 
63.143(e)(2) of this subpart, i.e., an organic monitoring device 
installed at the outlet of the control device, the owner or operator 
shall submit the monitoring results for each operating day during which 
the daily average concentration level or reading is outside the range 
established in the Notification of Compliance Status or operating 
permit.
    (f) Where the owner or operator obtains approval to use a treatment 
process or control device other than one for which monitoring 
requirements are specified in Sec. 63.143 of this subpart, or to 
monitor parameters other than those specified in table 12 or 13 of this 
subpart, the Administrator will specify appropriate reporting 
requirements.
    (g) If an extension is utilized in accordance with Sec. 
63.133(e)(2) or Sec. 63.133(h) of this subpart, the owner or operator 
shall include in the next periodic report the information specified in 
Sec. 63.133 (e)(2) or Sec. 63.133(h).

[62 FR 2774, Jan. 17, 1997, as amended at 64 FR 20192, Apr. 26, 1999; 66 
FR 6933, Jan. 22, 2001]



Sec. 63.147  Process wastewater provisions--recordkeeping.

    (a) The owner or operator transferring a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream in accordance with 
Sec. 63.132(g) of this subpart shall keep a record of the notice sent 
to the treatment operator stating that the wastewater stream or residual 
contains organic hazardous air pollutants which are required to be 
managed and treated in accordance with the provisions of this subpart.
    (b) The owner or operator shall keep in a readily accessible 
location the records specified in paragraphs (b)(1) through (8) of the 
section.
    (1) A record that each waste management unit inspection required by 
Sec. Sec. 63.133 through 63.137 of this subpart was performed.
    (2) A record that each inspection for control devices required by 
Sec. 63.139 of this subpart was performed.
    (3) A record of the results of each seal gap measurement required by 
Sec. Sec. 63.133(d) and 63.137(c) of this subpart. The records shall 
include the date of the measurement, the raw data obtained in the 
measurement, and the calculations described in Sec. 63.120(b)(2), (3), 
and (4) of this subpart.
    (4) For Item 1 and Item 3 of table 12 of this subpart, the owner or 
operator shall keep the records approved by the Administrator.
    (5) Except as provided in paragraph (e) of this section, continuous 
records of the monitored parameters specified in Item 2 of table 12 and 
table 13 of this subpart, and in Sec. 63.143(e)(2) of this subpart.

[[Page 319]]

    (6) Documentation of a decision to use an extension, as specified in 
Sec. 63.133(e)(2) or (h) of this subpart, which shall include a 
description of the failure, documentation that alternate storage 
capacity is unavailable, and specification of a schedule of actions that 
will ensure that the control equipment will be repaired or the vessel 
will be emptied as soon as practical.
    (7) Documentation of a decision to use a delay of repair due to 
unavailability of parts, as specified in Sec. 63.140(c), shall include 
a description of the failure, the reason additional time was necessary 
(including a statement of why replacement parts were not kept on site 
and when the manufacturer promised delivery), and the date when repair 
was completed.
    (8) Requirements for Group 2 wastewater streams. This paragraph 
(b)(8) does not apply to Group 2 wastewater streams that are used to 
comply with Sec. 63.138(g). For all other Group 2 wastewater streams, 
the owner or operator shall keep in a readily accessible location the 
records specified in paragraphs (b)(8)(i) through (iv) of this section.
    (i) Process unit identification and description of the process unit.
    (ii) Stream identification code.
    (iii) For existing sources, concentration of table 9 compound(s) in 
parts per million, by weight. For new sources, concentration of table 8 
and/or table 9 compound(s) in parts per million, by weight. Include 
documentation of the methodology used to determine concentration.
    (iv) Flow rate in liter per minute.
    (c) For each boiler or process heater used to comply with Sec. Sec. 
63.133 through 63.139 of this subpart, the owner or operator shall keep 
a record of any changes in the location at which the vent stream is 
introduced into the flame zone as required in Sec. 63.139(c)(1) of this 
subpart.
    (d) The owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day as 
specified in Sec. 63.152(f), except as provided in paragraphs (d)(1) 
through (3) of this section.
    (1) For flares, records of the times and duration of all periods 
during which the pilot flame is absent shall be kept rather than daily 
averages.
    (2) Regenerative carbon adsorbers. For regenerative carbon 
adsorbers, the owner or operator shall keep the records specified in 
paragraphs (d)(2)(i) and (ii) of this section instead of daily averages.
    (i) Records of the total regeneration stream mass flow for each 
carbon bed regeneration cycle.
    (ii) Records of the temperature of the carbon bed after each 
regeneration cycle.
    (3) Non-regenerative carbon adsorbers. For non-regenerative carbon 
adsorbers using organic monitoring equipment, the owner or operator 
shall keep the records specified in paragraph (d)(3)(i) of this section 
instead of daily averages. For non-regenerative carbon adsorbers 
replacing the carbon adsorption system with fresh carbon at a regular 
predetermined time interval that is less than the carbon replacement 
interval that is determined by the maximum design flow rate and organic 
concentration in the gas stream vented to the carbon adsorption system, 
the owner or operator shall keep the records specified in paragraph 
(d)(3)(ii) of this section instead of daily averages.
    (i)(A) Record of how the monitoring frequency, as specified in table 
13 of this subpart, was determined.
    (B) Records of when organic compound concentration of adsorber 
exhaust was monitored.
    (C) Records of when the carbon was replaced.
    (ii)(A) Record of how the carbon replacement interval, as specified 
in table 13 of this subpart, was determined.
    (B) Records of when the carbon was replaced.
    (e) Where the owner or operator obtains approval to use a control 
device other than one for which monitoring requirements are specified in 
Sec. 63.143 of this subpart, or to monitor parameters other than those 
specified in table 12 or table 13 of this subpart, the Administrator 
will specify appropriate recordkeeping requirements.
    (f) If the owner or operator uses process knowledge to determine the 
annual average concentration of a wastewater stream as specified in 
Sec. 63.144(b)(3) of

[[Page 320]]

this subpart and/or uses process knowledge to determine the annual 
average flow rate as specified in Sec. 63.144(c)(1) of this subpart, 
and determines that the wastewater stream is not a Group 1 wastewater 
stream, the owner or operator shall keep in a readily accessible 
location the documentation of how process knowledge was used to 
determine the annual average concentration and/or the annual average 
flow rate of the wastewater stream.

[62 FR 2775, Jan. 17, 1997, as amended at 64 FR 20192, Apr. 26, 1999; 66 
FR 6933, Jan. 22, 2001]



Sec. 63.148  Leak inspection provisions.

    (a) Except as provided in paragraph (k) of this section, for each 
vapor collection system, closed-vent system, fixed roof, cover, or 
enclosure required to comply with this section, the owner or operator 
shall comply with the requirements of paragraphs (b) through (j) of this 
section.
    (b) Except as provided in paragraphs (g) and (h) of this section, 
each vapor collection system and closed-vent system shall be inspected 
according to the procedures and schedule specified in paragraphs (b)(1) 
and (b)(2) of this section and each fixed roof, cover, and enclosure 
shall be inspected according to the procedures and schedule specified in 
paragraph (b)(3) of this section.
    (1) If the vapor collection system or closed vent system is 
constructed of hard-piping, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section, and
    (ii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (2) If the vapor collection system or closed vent system is 
constructed of ductwork, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section, and
    (ii) Conduct annual inspections according to the procedures in 
paragraph (c) of this section.
    (iii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (3) For each fixed roof, cover, and enclosure, the owner or operator 
shall conduct initial visual inspections and semi-annual visual 
inspections for visible, audible, or olfactory indications of leaks as 
specified in Sec. Sec. 63.133 through 63.137 of this subpart.
    (c) Each vapor collection system and closed vent system shall be 
inspected according to the procedures specified in paragraphs (c)(1) 
through (c)(5) of this section.
    (1) Inspections shall be conducted in accordance with Method 21 of 
40 CFR part 60, appendix A.
    (2)(i) Except as provided in paragraph (c)(2)(ii) of this section, 
the detection instrument shall meet the performance criteria of Method 
21 of 40 CFR part 60, appendix A, except the instrument response factor 
criteria in section 3.1.2(a) of Method 21 shall be for the average 
composition of the process fluid not each individual volatile organic 
compound in the stream. For process streams that contain nitrogen, air, 
or other inerts which are not organic hazardous air pollutants or 
volatile organic compounds, the average stream response factor shall be 
calculated on an inert-free basis.
    (ii) If no instrument is available at the plant site that will meet 
the performance criteria specified in paragraph (c)(2)(i) of this 
section, the instrument readings may be adjusted by multiplying by the 
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (c)(2)(i) of this section.
    (3) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (4) Calibration gases shall be as follows:
    (i) Zero air (less than 10 parts per million hydrocarbon in air); 
and
    (ii) Mixtures of methane in air at a concentration less than 10,000 
parts per million. A calibration gas other than methane in air may be 
used if the instrument does not respond to methane or if the instrument 
does not meet the performance criteria specified in paragraph (c)(2)(i) 
of this section. In such cases, the calibration gas may be a mixture of 
one or more of the compounds to be measured in air.

[[Page 321]]

    (5) An owner or operator may elect to adjust or not adjust 
instrument readings for background. If an owner or operator elects to 
not adjust readings for background, all such instrument readings shall 
be compared directly to the applicable leak definition to determine 
whether there is a leak. If an owner or operator elects to adjust 
instrument readings for background, the owner or operator shall measure 
background concentration using the procedures in Sec. Sec. 63.180(b) 
and (c) of subpart H of this part. The owner or operator shall subtract 
background reading from the maximum concentration indicated by the 
instrument.
    (6) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
with 500 parts per million for determining compliance.
    (d) Leaks, as indicated by an instrument reading greater than 500 
parts per million above background or by visual inspections, shall be 
repaired as soon as practicable, except as provided in paragraph (e) of 
this section.
    (1) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (2) Repair shall be completed no later than 15 calendar days after 
the leak is detected, except as provided in paragraph (d)(3) of this 
section.
    (3) For leaks found in vapor collection systems used for transfer 
operations, repairs shall be completed no later than 15 calendar days 
after the leak is detected or at the beginning of the next transfer 
loading operation, whichever is later.
    (e) Delay of repair of a vapor collection system, closed vent 
system, fixed roof, cover, or enclosure for which leaks have been 
detected is allowed if the repair is technically infeasible without a 
shutdown, as defined in Sec. 63.101 of subpart F of this part, or if 
the owner or operator determines that emissions resulting from immediate 
repair would be greater than the fugitive emissions likely to result 
from delay of repair. Repair of such equipment shall be complete by the 
end of the next shutdown.
    (f) For each vapor collection system or closed vent system that 
contains bypass lines that could divert a vent stream away from the 
control device and to the atmosphere, the owner or operator shall comply 
with the provisions of either paragraph (f)(1) or (f)(2) of this 
section, except as provided in paragraph (f)(3) of this section.
    (1) Install, calibrate, maintain, and operate a flow indicator that 
determines whether vent stream flow is present at least once every 15 
minutes. Records shall be generated as specified in Sec. 63.118(a)(3) 
of this subpart. The flow indicator shall be installed at the entrance 
to any bypass line; or
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure the valve is maintained in the closed position and the vent 
stream is not diverted through the bypass line.
    (3) Equipment such as low leg drains, high point bleeds, analyzer 
vents, open-ended valves or lines, and pressure relief valves needed for 
safety purposes are not subject to this paragraph.
    (g) Any parts of the vapor collection system, closed vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
paragraph (i)(1) of this section, as unsafe to inspect are exempt from 
the inspection requirements of paragraphs (b)(1), (b)(2), and (b)(3)(i) 
of this section if:
    (1) The owner or operator determines that the equipment is unsafe to 
inspect because inspecting personnel would be exposed to an imminent or 
potential danger as a consequence of complying with paragraphs (b)(1), 
(b)(2), or (b)(3)(i) of this section; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
    (h) Any parts of the vapor collection system, closed vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
paragraph (i)(2) of this section, as difficult to inspect are exempt 
from the inspection requirements of paragraphs (b)(1), (b)(2), and 
(b)(3)(i) of this section if:

[[Page 322]]

    (1) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (i) The owner or operator shall record the information specified in 
paragraphs (i)(1) through (i)(5) of this section.
    (1) Identification of all parts of the vapor collection system, 
closed vent system, fixed roof, cover, or enclosure that are designated 
as unsafe to inspect, an explanation of why the equipment is unsafe to 
inspect, and the plan for inspecting the equipment.
    (2) Identification of all parts of the vapor collection system, 
closed vent system, fixed roof, cover, or enclosure that are designated 
as difficult to inspect, an explanation of why the equipment is 
difficult to inspect, and the plan for inspecting the equipment.
    (3) For each vapor collection system or closed vent system that 
contains bypass lines that could divert a vent stream away from the 
control device and to the atmosphere, the owner or operator shall keep a 
record of the information specified in either paragraph (i)(3)(i) or 
(i)(3)(ii) of this section.
    (i) Hourly records of whether the flow indicator specified under 
paragraph (f)(1) of this section was operating and whether a diversion 
was detected at any time during the hour, as well as records of the 
times of all periods when the vent stream is diverted from the control 
device or the flow indicator is not operating.
    (ii) Where a seal mechanism is used to comply with paragraph (f)(2) 
of this section, hourly records of flow are not required. In such cases, 
the owner or operator shall record whether the monthly visual inspection 
of the seals or closure mechanisms has been done, and shall record the 
occurrence of all periods when the seal mechanism is broken, the bypass 
line valve position has changed, or the key for a lock-and-key type 
configuration has been checked out, and records of any car-seal that has 
broken.
    (4) For each inspection during which a leak is detected, a record of 
the information specified in paragraphs (i)(4)(i) through (i)(4)(viii) 
of this section.
    (i) The instrument identification numbers; operator name or 
initials; and identification of the equipment.
    (ii) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (iii) Maximum instrument reading measured by the method specified in 
paragraph (d) of this section after the leak is successfully repaired or 
determined to be nonrepairable.
    (iv) ``Repair delayed'' and the reason for the delay if a leak is 
not repaired within 15 calendar days after discovery of the leak.
    (v) The name, initials, or other form of identification of the owner 
or operator (or designee) whose decision it was that repair could not be 
effected without a shutdown.
    (vi) The expected date of successful repair of the leak if a leak is 
not repaired within 15 calendar days.
    (vii) Dates of shutdowns that occur while the equipment is 
unrepaired.
    (viii) The date of successful repair of the leak.
    (5) For each inspection conducted in accordance with paragraph (c) 
of this section during which no leaks are detected, a record that the 
inspection was performed, the date of the inspection, and a statement 
that no leaks were detected.
    (6) For each visual inspection conducted in accordance with 
paragraph (b)(1)(ii) or (b)(3)(ii) of this section during which no leaks 
are detected, a record that the inspection was performed, the date of 
the inspection, and a statement that no leaks were detected.
    (j) The owner or operator shall submit with the reports required by 
Sec. 63.182(b) of subpart H of this part or with the reports required 
by Sec. 63.152(c) of this subpart, the information specified in 
paragraphs (j)(1) through (j)(3) of this section.
    (1) The information specified in paragraph (i)(4) of this section;
    (2) Reports of the times of all periods recorded under paragraph 
(i)(3)(i) of this section when the vent stream is diverted from the 
control device through a bypass line; and

[[Page 323]]

    (3) Reports of all periods recorded under paragraph (i)(3)(ii) of 
this section in which the seal mechanism is broken, the bypass line 
valve position has changed, or the key to unlock the bypass line valve 
was checked out.
    (k) If a closed-vent system subject to this section is also subject 
to Sec. 63.172 of subpart H of this part, the owner or operator shall 
comply with the provisions of Sec. 63.172 of subpart H of this part and 
is exempt from the requirements of this section.

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995; 
62 FR 2775, Jan. 17, 1997; 64 FR 20192, Apr. 26, 1999]



Sec. 63.149  Control requirements for certain liquid streams in open systems 

within a chemical manufacturing process unit.

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

[62 FR 2776, Jan. 17, 1997]



Sec. 63.150  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing sources 
who seek to comply with the emission standard in Sec. 63.112(a) of this 
subpart by using emissions averaging according to Sec. 63.112(f) of 
this subpart rather than following the provisions of Sec. Sec. 63.113 
through 63.148 of this subpart. Notwithstanding the definition of 
process vent in Sec. 63.101 and the sampling site designation in Sec. 
63.115(a), for purposes of this section the location of a process vent 
shall be defined, and the characteristics of its gas stream shall be 
determined, consistent with paragraph (g)(2)(i) of this section.
    (b) Unless an operating permit application has been submitted, the 
owner or operator shall develop and submit for approval an 
Implementation Plan

[[Page 324]]

containing all of the information required in Sec. 63.151(d) of this 
subpart for all points to be included in an emissions average. The 
Implementation Plan or operating permit application shall identify all 
emission points to be included in the emissions average. This must 
include any Group 1 emission points to which the reference control 
technology (defined in Sec. 63.111 of this subpart) is not applied and 
all other emission points being controlled as part of the average.
    (c) The following emission points can be used to generate emissions 
averaging credits, if control was applied after November 15, 1990 and if 
sufficient information is available to determine the appropriate value 
of credits for the emission point:
    (1) Group 2 emission points.
    (2) Group 1 emission points that are controlled by a technology that 
the Administrator or permitting authority agrees has a higher nominal 
efficiency than the reference control technology. Information on the 
nominal efficiencies for such technologies must be submitted and 
approved as provided in paragraph (i) of this section.
    (3) Emission points from which emissions are reduced by pollution 
prevention measures. Percent reductions for pollution prevention 
measures shall be determined as specified in paragraph (j) of this 
section.
    (i) For a Group 1 emission point, the pollution prevention measure 
must reduce emissions more than the reference control technology would 
have had the reference control technology been applied to the emission 
point instead of the pollution prevention measure except as provided in 
paragraph (c)(3)(ii) of this section.
    (ii) If a pollution prevention measure is used in conjunction with 
other controls for a Group 1 emission point, the pollution prevention 
measure alone does not have to reduce emissions more than the reference 
control technology, but the combination of the pollution prevention 
measure and other controls must reduce emissions more than the reference 
control technology would have had it been applied instead.
    (d) The following emission points cannot be used to generate 
emissions averaging credits:
    (1) Emission points already controlled on or before November 15, 
1990, unless the level of control is increased after November 15, 1990, 
in which case credit will be allowed only for the increase in control 
after November 15, 1990.
    (2) Group 1 emission points that are controlled by a reference 
control technology, unless the reference control technology has been 
approved for use in a different manner and a higher nominal efficiency 
has been assigned according to the procedures in paragraph (i) of this 
section. For example, it is not allowable to claim that an internal 
floating roof meeting the specifications of Sec. 63.119(b) of this 
subpart applied to a storage vessel is achieving greater than 95 percent 
control.
    (3) Emission points on shut-down process units. Process units that 
are shut down cannot be used to generate credits or debits.
    (4) Wastewater that is not process wastewater or wastewater streams 
treated in biological treatment units. These two types of wastewater 
cannot be used to generate credits or debits. For the purposes of this 
section, the terms wastewater and wastewater stream are used to mean 
process wastewater.
    (5) Emission points controlled to comply with a State or Federal 
rule other than this subpart, unless the level of control has been 
increased after November 15, 1990 above what is required by the other 
State or Federal rule. Only the control above what is required by the 
other State or Federal rule will be credited. However, if an emission 
point has been used to generate emissions averaging credit in an 
approved emissions average, and the point is subsequently made subject 
to a State or Federal rule other than this subpart, the point can 
continue to generate emissions averaging credit for the purpose of 
complying with the previously approved average.
    (e) For all points included in an emissions average, the owner or 
operator shall:
    (1) Calculate and record monthly debits for all Group 1 emission 
points that are controlled to a level less stringent than the reference 
control technology for those emission points. Equations in

[[Page 325]]

paragraph (g) of this section shall be used to calculate debits.
    (2) Calculate and record monthly credits for all Group 1 or Group 2 
emission points that are overcontrolled to compensate for the debits. 
Equations in paragraph (h) of this section shall be used to calculate 
credits. Emission points and controls that meet the criteria of 
paragraph (c) of this section may be included in the credit calculation, 
whereas those described in paragraph (d) of this section shall not be 
included.
    (3) Demonstrate that annual credits calculated according to 
paragraph (h) of this section are greater than or equal to debits 
calculated for the same annual compliance period according to paragraph 
(g) of this section.
    (i) The owner or operator may choose to include more than the 
required number of credit-generating emission points in an average in 
order to increase the likelihood of being in compliance.
    (ii) The initial demonstration in the Implementation Plan or 
operating permit application that credit-generating emission points will 
be capable of generating sufficient credits to offset the debits from 
the debit-generating emission points must be made under representative 
operating conditions. After the compliance date, actual operating data 
will be used for all debit and credit calculations.
    (4) Demonstrate that debits calculated for a quarterly (3-month) 
period according to paragraph (g) of this section are not more than 1.30 
times the credits for the same period calculated according to paragraph 
(h) of this section. Compliance for the quarter shall be determined 
based on the ratio of credits and debits from that quarter, with 30 
percent more debits than credits allowed on a quarterly basis.
    (5) Record and report quarterly and annual credits and debits in the 
Periodic Reports as specified in Sec. 63.152(c) of this subpart. Every 
fourth Periodic Report shall include a certification of compliance with 
the emissions averaging provisions as required by Sec. 
63.152(c)(5)(iv)(B) of this subpart.
    (f) Debits and credits shall be calculated in accordance with the 
methods and procedures specified in paragraphs (g) and (h) of this 
section, respectively, and shall not include emissions from the 
following:
    (1) More than 20 individual Group 1 or Group 2 emission points. 
Where pollution prevention measures (as specified in paragraph (j)(1) of 
this section) are used to control emission points to be included in an 
emissions average, no more than 25 emission points may be included in 
the average. For example, if two emission points to be included in an 
emissions average are controlled by pollution prevention measures, the 
average may include up to 22 emission points.
    (2) Periods of start-up, shutdown, and malfunction as described in 
the source's start-up, shutdown, and malfunction plan required by Sec. 
63.6(e)(3) of subpart A of this part.
    (3) Periods of monitoring excursions as defined in Sec. 
63.152(c)(2)(ii)(A) of this subpart. For these periods, the calculation 
of monthly credits and debits shall be adjusted as specified in 
paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
    (i) No credits would be assigned to the credit-generating emission 
point.
    (ii) Maximum debits would be assigned to the debit-generating 
emission point.
    (iii) The owner or operator may demonstrate to the Administrator 
that full or partial credits or debits should be assigned using the 
procedures in paragraph (l) of this section.
    (g) Debits are generated by the difference between the actual 
emissions from a Group 1 emission point that is uncontrolled or is 
controlled to a level less stringent than the reference control 
technology, and the emissions allowed for the Group 1 emission point. 
Debits shall be calculated as follows:
    (1) The overall equation for calculating source-wide debits is:

[[Page 326]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.245

where:

Debits and all terms of the equation are in units of megagrams per 
          month, and
EPViACTUAL=Emissions from each Group 1 process vent i that is 
          uncontrolled or is controlled to a level less stringent than 
          the reference control technology. This is calculated according 
          to paragraph (g)(2) of this section.
(0.02) EPViu=Emissions from each Group 1 vent i if the 
          reference control technology had been applied to the 
          uncontrolled emissions, calculated according to paragraph 
          (g)(2) of this section.
ESiACTUAL=Emissions from each Group 1 storage vessel i that 
          is uncontrolled or is controlled to a level less stringent 
          than the reference control technology. This is calculated 
          according to paragraph (g)(3) of this section.
(0.05) ESiu=Emissions from each Group 1 storage vessel i if 
          the reference control technology had been applied to the 
          uncontrolled emissions, calculated according to paragraph 
          (g)(3) of this section.
ETRiACTUAL=Emissions from each Group 1 transfer rack i that 
          is uncontrolled or is controlled to a level less stringent 
          than the reference control technology. This is calculated 
          according to paragraph (g)(4) of this section.
(0.02) ETRiu=Emissions from each Group 1 transfer rack i if 
          the reference control technology had been applied to the 
          uncontrolled emissions, calculated according to paragraph 
          (g)(4) of this section.
EWWiACTUAL=Emissions from each Group 1 wastewater stream i 
          that is uncontrolled or is controlled to a level less 
          stringent than the reference control technology. This is 
          calculated according to paragraph (g)(5) of this section.
EWWic=Emissions from each Group 1 wastewater stream i if the 
          reference control technology had been applied to the 
          uncontrolled emissions. This is calculated according to 
          paragraph (g)(5) of this section.
n=The number of emission points being included in the emissions average. 
          The value of n is not necessarily the same for process vents, 
          storage vessels, transfer racks, and wastewater.

    (2) Emissions from process vents shall be calculated according to 
paragraphs (g)(2)(i) through (iii) of this section.
    (i) The location of a process vent shall be defined, and the 
characteristics of its gas stream shall be determined at a point that 
meets the conditions in either paragraph (g)(2)(i)(A) or (B) of this 
section and the conditions in paragraphs (g)(2)(i)(C) through (E) of 
this section.
    (A) The point is after the final recovery device (if any recovery 
devices are present).
    (B) If a gas stream included in an emissions average is combined 
with one or more other gas streams after a final recovery device (if any 
recovery devices are present), then for each gas stream, the point is at 
a representative point after any final recovery device and as near as 
feasible to, but before, the point of combination of the gas streams.
    (C) The point is before any control device (for process vents, 
recovery devices shall not be considered control devices).
    (D) The point is before discharge to the atmosphere.
    (E) The measurement site for determination of the characteristics of 
the gas stream was selected using Method 1 or 1A of 40 CFR part 60, 
appendix A.
    (ii) The following equation shall be used for each process vent i to 
calculate EPViu:

[[Page 327]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.246

where:

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

    (A) The values of Q, Cj, and Mj shall be 
determined during a performance test conducted under representative 
operating conditions. The values of Q, Cj, and Mj 
shall be established in the Notification of Compliance Status and must 
be updated as provided in paragraph (g)(2)(ii)(B) of this section.
    (B) If there is a change in capacity utilization other than a change 
in monthly operating hours, or if any other change is made to the 
process or product recovery equipment or operation such that the 
previously measured values of Q, Cj, and Mj are no 
longer representative, a new performance test shall be conducted to 
determine new representative values of Q, Cj, and 
Mj. These new values shall be used to calculate debits and 
credits from the time of the change forward, and the new values shall be 
reported in the next Periodic Report.
    (iii) The following procedures and equations shall be used to 
calculate EPViACTUAL:
    (A) If the vent is not controlled by a control device or pollution 
prevention measure, EPViACTUAL = EPViu, where 
EPViu is calculated according to the procedures in paragraphs 
(g)(2)(i) and (g)(2)(ii) of this section.
    (B) If the vent is controlled using a control device or a pollution 
prevention measure achieving less than 98-percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.247

    (1) The percent reduction shall be measured according to the 
procedures in Sec. 63.116 of this subpart if a combustion control 
device is used. For a flare meeting the criteria in Sec. 63.116(a) of 
this subpart, or a boiler or process heater meeting the criteria in 
Sec. 63.116(b) of this subpart, the percent reduction shall be 98 
percent. If a non-combustion control device is used, percent reduction 
shall be demonstrated by a performance test at the inlet and outlet of 
the device, or, if testing is not feasible, by a control design 
evaluation and documented engineering calculations.
    (2) For determining debits from Group 1 process vents, recovery 
devices shall not be considered control devices and cannot be assigned a 
percent reduction in calculating EPViACTUAL. The sampling 
site for measurement of uncontrolled emissions is after the final 
recovery device. However, as provided in Sec. 63.113(a)(3), a Group 1 
process vent may add sufficient recovery to raise the TRE index value 
above 1.0, thereby becoming a Group 2 process vent.
    (3) Procedures for calculating the percent reduction of pollution 
prevention measures are specified in paragraph (j) of this section.
    (3) Emissions from storage vessels shall be calculated as follows:
    (i) The following equation shall be used for each storage vessel i 
to calculate ESiu:
[GRAPHIC] [TIFF OMITTED] TR22AP94.248

where:

ESiu=Uncontrolled emissions, defined as emissions from a 
          fixed roof vessel having

[[Page 328]]

          identical dimensions and vessel color as vessel i, megagrams 
          per month.
LB=Breathing loss emissions, megagrams per year, calculated 
          according to paragraph (g)(3)(i)(A) of this section.
LW=Working loss emissions, megagrams per year, calculated 
          according to paragraph (g)(3)(i)(B) of this section.
12=Constant, months per year.

    (A) Breathing loss emissions shall be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.249

where:

Mv=Molecular weight of vapor in storage vessel, pound per 
          pound-mole.
PA=Average atmospheric pressure, pounds per square inch 
          absolute.
P=True vapor pressure of the HAP at liquid storage temperature, pounds 
          per square inch absolute. See table 21 of this subpart.
D = Tank diameter, feet.
H=Average vapor space height, feet. Use vessel-specific values or an 
          assumed value of one-half the height.
[Delta] T=Average ambient diurnal temperature change, [deg]F. A typical 
          value of 20 [deg]F may be used.
Fp=Paint factor, dimensionless, from table 22 of this 
          subpart; use Fp=1 for vessels located indoors.
C=Adjustment factor for small diameter tanks, dimensionless; use C=1 for 
          diameter =30 feet; use C = 0.0771D - 0.0013D\2\ - 
          0.1334 for diameter <30 feet.
KC=Product factor, dimensionless. Use 1.0 for organic HAP's.

    (B) Working losses shall be calculated using the following equation:

LW=1.089 x 10-8 Mv (P)(V)(N) 
(KN) (KC)

where:

V=Tank capacity, gallon.
N=Number of turnovers per year.
KN=Turnover factor, dimensionless, and
[GRAPHIC] [TIFF OMITTED] TR22AP94.250

Mv, P, and KC as defined in paragraph (g)(3)(i)(A) 
          of this section.

    (C) The owner or operator may elect to calculate ESiu in 
accordance with the methods described in American Petroleum Institute 
Publication 2518, Evaporative Loss from Fixed-Roof Tanks (incorporated 
by reference as specified in Sec. 63.14 of this part).
    (1) The owner or operator who elects to use these alternative 
methods must use them for all storage vessels included in the emissions 
average as debit or credit generating points.
    (2) The equations of paragraphs (g)(3)(i)(A) and (g)(3)(i)(B) of 
this section shall not be used in conjunction with the alternative 
methods provided under paragraph (g)(3)(i)(C) of this section.
    (ii) The following procedures and equations shall be used for each 
fixed roof storage vessel i that is not controlled with a floating roof 
to calculate ESiACTUAL:
    (A) If the vessel is not controlled, ESiACTUAL = 
ESiu, where ESiu is calculated according to the 
procedures in paragraph (g)(3)(i) of this section.
    (B) Except as provided in paragraph (g)(3)(ii)(C) of this section, 
if the vessel is controlled using a control device or pollution 
prevention measure achieving less than 95-percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.251

    (1) The percent reduction for a control device shall be determined 
through a design evaluation according to the procedures specified in 
Sec. 63.120(d) of this subpart.
    (2) Procedures for calculating the percent reduction for pollution 
prevention measures are specified in paragraph (j) of this section.
    (C) If the vessel is controlled according to the provisions of Sec. 
63.119(e)(2) of this section whereby the control device

[[Page 329]]

is only required to achieve at least 90-percent reduction, the vessel 
shall not be considered to be generating debits.
    (iii) The following equation shall be used for each internal 
floating roof vessel i that does not meet the specifications of Sec. 
63.119(b) or (d) of this subpart to calculate ESiACTUAL:
[GRAPHIC] [TIFF OMITTED] TR22AP94.252

where:

LW=Withdrawal loss emissions, megagrams per year, calculated 
          according to paragraph (g)(3)(iii)(A) of this section.
LR=Rim seal loss emissions, megagrams per year, calculated 
          according to paragraph (g)(3)(iii)(B) of this section.
LF=Fitting loss emissions, megagrams per year, calculated 
          according to paragraph (g)(3)(iii)(C) of this section.
LD=Deck seam loss emissions, megagrams per year, calculated 
          according to paragraph (g)(3)(iii)(D) of this section.
12=Constant, months per year.

    (A) Withdrawal loss emissions shall be calculated using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.253

where:

Q=Throughput, gallon per year; (gallon/turnover) * (turnovers per year).
C=Shell clingage factor, barrel per 1,000 square foot, see table 23 of 
          this subpart.
WL=Average liquid density, pound per gallon.
D=Tank diameter, feet.
Nc=Number of columns, dimensionless, see table 24 of this 
          subpart.
Fc=Effective column diameter, feet [column perimeter (feet)/
          3.1416], see table 25 of this subpart.

    (B) Rim seal loss emissions shall be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.254

where:

Mv=Molecular weight of vapor in storage vessel, pound per 
          pound-mole.
D=Tank diameter, feet.
Kc=Product factor, dimensionless; use 1.0 for organic HAP's.
Ks=Seal factor, pound-mole per [foot (miles per hour)\n\ 
          year], see table 26 of this subpart.
V=Average wind speed at the source, miles per hour. A value of 10 miles 
          per hour may be assumed if source-specific data are not 
          available.
n=Seal related wind speed exponent, dimensionless, see table 26 of this 
          subpart.
2,205=Constant, pounds per megagram.
P*=Vapor pressure function, dimensionless, and
[GRAPHIC] [TIFF OMITTED] TR22AP94.255

where:

PA=Average atmospheric pressure, pounds per square inch 
          absolute.
P=True vapor pressure at liquid storage temperature, pounds per square 
          inch absolute.

    (C) Fitting loss emissions shall be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.256

where:

Ff=The total deck fitting loss factor, pound-mole per year, 
          and
where:
[GRAPHIC] [TIFF OMITTED] TR22AP94.257

NFi=Number of fittings of a particular type, dimensionless. 
          NFi is determined for the specific tank or 
          estimated from tables 24 and 27 of this subpart.

[[Page 330]]

KFi=Deck fitting loss factor for a particular type fitting, 
          pound-mole per year. KFi is determined for each 
          fitting type from table 27 of this subpart.
n=Number of different types of fittings, dimensionless.
P*, Mv, Kc, and 2,205 as defined in paragraph 
          (g)(3)(iii)(B) of this section.

    (D) Deck seam loss emissions shall be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.258

where:

KD=Deck seam loss factor, pound-mole per foot per year, and
KD=0.34 for non-welded decks.
KD=0 for welded decks.
SD=Deck seam length factor, feet per square foot, see table 
          28 of this subpart.
D, P*, Mv, Kc, and 2,205 as defined in paragraph 
          (g)(3)(iii)(B) of this section.

    (iv) The following equation shall be used for each external floating 
roof vessel i that does not meet the specifications of Sec. 63.119(c) 
of this subpart to calculate ESiACTUAL:
[GRAPHIC] [TIFF OMITTED] TR22AP94.259

where:

LW=Withdrawal loss emissions, megagrams per year, calculated 
          according to paragraph (g)(3)(iv)(A) of this section.
LR=Rim seal loss emissions, megagrams per year, calculated 
          according to paragraph (g)(3)(iv)(B) of this section.
LF=Fitting loss emissions, megagrams per year, calculated 
          according to paragraph (g)(3)(iv)(C) of this section.
12=Constant, months per year.

    (A) Withdrawal loss emissions shall be calculated using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.260

where:

Q=Throughput, gallons per year.
C=Shell clingage factor, barrel per 1,000 square foot, see table 23 of 
          this subpart.
WL=Average liquid density, pound per gallon.
D=Vessel diameter, feet.

    (B) Rim seal loss emissions shall be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.261

where:

Ks=Seal factor, pound-mole per [foot (miles per hour)\N\ 
          year], see table 29 of this subpart.
V=Average wind speed, miles per hour, at the source. A value of 10 miles 
          per hour may be assumed if source-specific data are not 
          available.
N=Seal wind speed exponent, dimensionless, see table 29 of this subpart.
P*=Vapor pressure function, dimensionless, as defined in paragraph 
          (g)(3)(iii)(B) of this section.
D=Vessel diameter, feet.
MV=Molecular weight of the HAP, pound per pound-mole.
Kc=Product factor, dimensionless; use 1.0 for organic HAP's.
2,205=Constant, pounds per megagram.

    (C) Fitting loss emissions shall be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.262

where:

FF=The total deck fitting loss factor, pound-mole per year, 
          and
          [GRAPHIC] [TIFF OMITTED] TR22AP94.263
          
where:

NFi=Number of fittings of a particular type, dimensionless. 
          NFi is determined for the specific tank or 
          estimated from tables 30 through 32 of this subpart.
KFi=Deck fitting loss factor for a particular type fitting, 
          pound-mole per year, and

[[Page 331]]

KFi=KFai+KFbi V\mi\, pound-mole per 
          year, see table 30 of this subpart for the appropriate values 
          of KFa, KFb, and m for each fitting 
          type.
V, P*, Mv, Kc, and 2,205 as defined in paragraph 
          (g)(3)(iv)(B) of this section.

    (4) Emissions from transfer racks shall be calculated as follows:
    (i) The following equation shall be used for each transfer rack i to 
calculate ETRiu:
[GRAPHIC] [TIFF OMITTED] TR22AP94.264

where:

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

    (ii) The following equation shall be used for each transfer rack i 
to calculate the weighted average rack partial pressure:

[GRAPHIC] [TIFF OMITTED] TR22AP94.265

where:

Pj = Maximum true vapor pressure of individual organic HAP 
          transferred at the rack, kilopascals.
G = Monthly volume of organic HAP transferred, liters per month, and
[GRAPHIC] [TIFF OMITTED] TR22AP94.266

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

    (iii) The following equation shall be used for each transfer rack i 
to calculate the weighted average rack molecular weight:
[GRAPHIC] [TIFF OMITTED] TR22AP94.267

where:

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

    (iv) The following equation shall be used for each transfer rack i 
to calculate the monthly weighted rack bulk liquid loading temperature:
[GRAPHIC] [TIFF OMITTED] TR22AP94.268

where:

Tj = Average annual bulk temperature of individual organic 
          HAP loaded at the transfer rack, Kelvin (( [deg]deg;C + 273).
G, Gj, and n as defined in paragraph (g)(4)(ii) of this 
section.

    (v) The following procedures and equations shall be used to 
calculate ETRiACTUAL:
    (A) If the transfer rack is not controlled, ETRiACTUAL = 
ETRiu, where ETRiu is calculated using the 
equations specified in paragraphs (g)(4)(i) through (g)(4)(iv) of this 
section.
    (B) If the transfer rack is controlled using a control device or a 
pollution prevention measure achieving less than the 98-percent 
reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.269


[[Page 332]]


    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in Sec. 
63.128(a) of this subpart. For a flare meeting the criteria in Sec. 
63.128(b) of this subpart or a boiler or process heater meeting the 
criteria in Sec. 63.128(c) of this subpart, the percent reduction shall 
be 98 percent. If testing is not feasible, percent reduction shall be 
determined through a design evaluation according to the procedures 
specified in Sec. 63.128(h) of this subpart.
    (2) Procedures for calculating the percent reduction for pollution 
prevention measures are specified in paragraph (j) of this section.
    (5) Emissions from wastewater shall be calculated as follows:
    (i) The following equation shall be used for each wastewater stream 
i to calculate EWWic:
[GRAPHIC] [TIFF OMITTED] TR26AP99.004

where:

EWWic = Monthly wastewater stream emission rate if wastewater 
          stream i is controlled by the reference control technology, 
          megagrams per month.
Qi = Average flow rate for wastewater stream i, as determined 
          by the procedure in Sec. 63.144(c)(3), liters per minute.
Hi = Number of hours during the month that wastewater stream 
          i was generated, hours per month.
s = Total number of table 9 HAP in wastewater stream i.
Frm = Fraction removed of table 9 HAP m in wastewater, from 
          table 9, dimensionless.
Fem = Fraction emitted of table 9 HAP m in wastewater, from 
          table 34, dimensionless.
HAPim = Average concentration of table 9 HAP m in wastewater 
          stream i, parts per million by weight.

    (A) HAPim shall be determined for the point of 
determination or, at a location downstream of the point of determination 
and adjusted according as specified in Sec. 63.144(b)(6) of this 
subpart, by developing and using the sampling plan specified in Sec. 
63.144(b)(5)(ii) of this subpart. The samples collected may be analyzed 
by any of the methods specified in Sec. 63.144(b)(5)(i)(B) through 
(b)(5)(i)(F) of this subpart. Concentration measurements based on Method 
305 shall be adjusted by dividing each concentration by the compound-
specific Fm factor listed on table 34 of this subpart. Concentration 
measurements other than Method 305 shall not be adjusted by the 
compound-specific Fm factor listed in table 34 of this subpart.
    (B) Values for Qi, HAPim, and Cim 
shall be determined during a performance test conducted under 
representative conditions as specified in Sec. 63.145(a)(3) and (a)(4) 
of this subpart. The average value obtained from three test runs shall 
be used. The values of Qi, HAPim, and 
Cim shall be established in the Notification of Compliance 
Status and must be updated as provided in paragraph (g)(5)(i)(C) of this 
section.
    (C) If there is a change to the process or operation such that the 
previously measured values of Qi, HAPim, and 
Cim are no longer representative, a new performance test 
shall be conducted to determine new representative values of 
Qi, HAPim, and Cim. These new values 
shall be used to calculate debits and credits from the time of the 
change forward, and the new values shall be reported in the next 
Periodic Report.
    (ii) The following equation shall be used to calculate 
EWWiACTUAL for each wastewater stream i that is not managed 
according to the provisions for waste management units of Sec. Sec. 
63.133 through 63.137 of this subpart, as applicable, which specify 
equipment and work practices for suppressing and controlling vapors. 
Qi, Hi, s, Fem, and HAPim 
are as defined and determined according to paragraph (g)(5)(i) of this 
section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.005

Where:

EWWiACTUAL = Monthly wastewater stream emission rate if 
          wastewater stream i is uncontrolled or is controlled to a 
          level less stringent than the reference control technology, 
          megagrams per month.

    (iii) The following equation shall be used to calculate 
EWWiACTUAL for each wastewater stream i that is managed 
according to the requirements of Sec. Sec. 63.133 through 63.137 of 
this subpart, as applicable, and wastewater stream i is uncontrolled or 
is controlled to a level less stringent than the reference control 
technology (for the purposes of the wastewater emissions averaging

[[Page 333]]

provisions, the term control is used to mean treatment). Qi, 
Hi, s, Fem, and HAPim are as defined 
and determined according to paragraph (g)(5)(i) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.006

Where:

EWWiACTUAL = Monthly wastewater stream emission rate if 
          wastewater stream i is uncontrolled or is controlled to a 
          level less stringent than the reference control technology, 
          megagrams per month.
PRim = The efficiency of the treatment process, or series of 
          treatment processes, which treat wastewater stream i, in 
          reducing the emission potential of table 9 HAP m in 
          wastewater, dimensionless, as calculated by:
          [GRAPHIC] [TIFF OMITTED] TR26AP99.007
          
Where:

HAPim-in = Average concentration of table 9 HAP m, parts per 
          million by weight, as defined and determined according to 
          paragraph (g)(5)(i) of this section, in the wastewater 
          entering the first treatment process in the series.
HAPim-out = Average concentration of table 9 HAP m, parts per 
          million by weight, as defined and determined according to 
          paragraph (g)(5)(i) of this section, in the wastewater exiting 
          the last treatment process in the series.
Ri = Reduction efficiency of the device used to control any 
          vapor streams emitted and collected from wastewater stream i 
          during treatment, dimensionless, as determined according to 
          the procedures in Sec. 63.145(i) or (j) of this subpart.

    (h) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2 emission point and the actual 
emissions from a Group 1 or Group 2 emission point that has been 
controlled after November 15, 1990 to a level more stringent than what 
is required by this subpart or any other State or Federal rule or 
statute. Credits shall be calculated as follows:
    (1) The overall equation for calculating source-wide credits is:
    [GRAPHIC] [TIFF OMITTED] TR22AP94.550
    
where:

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

[[Page 334]]

EPV2iACTUAL=Emissions from each Group 2 process vent i that 
          is controlled, calculated according to paragraph (h)(2) of 
          this section.
EPV2iBASE=Emissions from each Group 2 process vent i at the 
          baseline date, as calculated in paragraph (h)(2) of this 
          section.
ES1iACTUAL=Emissions from each Group 1 storage vessel i that 
          is controlled to a level more stringent than the reference 
          control technology, calculated according to paragraph (h)(3) 
          of this section.
(0.05) ES1iu=Emissions from each Group 1 storage vessel i if 
          the reference control technology had been applied to the 
          uncontrolled emissions. ES1iu is calculated 
          according to paragraph (h)(3) of this section.
ES2iACTUAL=Emissions from each Group 2 storage vessel i that 
          is controlled, calculated according to paragraph (h)(3) of 
          this section.
ES2iBASE=Emissions from each Group 2 storage vessel i at the 
          baseline date, as calculated in paragraph (h)(3) of this 
          section.
ETR1iACTUAL=Emissions from each Group 1 transfer rack i that 
          is controlled to a level more stringent than the reference 
          control technology, calculated according to paragraph (h)(4) 
          of this section.
(0.02) ETR1iu=Emissions from each Group 1 transfer rack i if 
          the reference control technology had been applied to the 
          uncontrolled emissions. ETR1iu is calculated 
          according to paragraph (h)(4) of this section.
ETR2iACTUAL=Emissions from each Group 2 transfer rack i that 
          are controlled, calculated according to paragraph (h)(4) of 
          this section.
ETR2iBASE=Emissions from each Group 2 transfer rack i at the 
          baseline date, as calculated in paragraph (h)(4) of this 
          section.
EWW1iACTUAL = Emissions from each Group 1 wastewater stream i 
          that is controlled to a level more stringent than the 
          reference control technology, calculated according to 
          paragraph (h)(5) of this section.
EWW1ic = Emissions from each Group 1 wastewater stream i if 
          the reference control technology had been applied to the 
          uncontrolled emissions, calculated according to paragraph 
          (h)(5) of this section.
EWW2iACTUAL = Emissions from each Group 2 wastewater stream i 
          that is controlled, calculated according to paragraph (h)(5) 
          of this section.
EWW2iBASE = Emissions from each Group 2 wastewater stream i 
          at the baseline date, calculated according to paragraph (h)(5) 
          of this section.
n = Number of Group 1 emission points included in the emissions average. 
          The value of n is not necessarily the same for process vents, 
          storage vessels, transfer racks, and wastewater.
m = Number of Group 2 emission points included in the emissions average. 
          The value of m is not necessarily the same for process vents, 
          storage vessels, transfer racks, and wastewater.

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

[[Page 335]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.275

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 process vents, EPV2iACTUAL:
    (A) For a Group 2 process vent controlled by a control device, a 
recovery device applied as a pollution prevention project, or a 
pollution prevention measure, if the control achieves a percent 
reduction less than or equal to 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.276

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

    (iv) Emissions from Group 2 process vents at baseline, 
EPV2iBASE, shall be calculated as follows:
    (A) If the process vent was uncontrolled on November 15, 1990, 
EPV2iBASE=EPV2iu and shall be calculated according 
to the procedures and equation for EPViu in paragraphs 
(g)(2)(i) and (g)(2)(ii) of this section.
    (B) If the process vent was controlled on November 15, 1990,
    [GRAPHIC] [TIFF OMITTED] TR22AP94.278
    

[[Page 336]]


where EPV2iu is calculated according to the procedures and 
          equation for EPViu in paragraphs (g)(2)(i) and 
          (g)(2)(ii) of this section. The percent reduction shall be 
          calculated according to the procedures specified in paragraphs 
          (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of this section.

    (C) If a recovery device was added to a process vent as part of a 
pollution prevention project initiated after November 15, 1990, 
EPV2iBASE=EPV2iu, where EPV2iu is 
calculated according to paragraph (h)(2)(iii)(A)(3) of this section.
    (3) Emissions from storage vessels shall be determined as follows:
    (i) Uncontrolled emissions from Group 1 storage vessels, 
ES1iu, shall be calculated according to the equations and 
procedures for ESiu in paragraph (g)(3)(i) of this section.
    (ii) Actual emissions from Group 1 storage vessels controlled using 
a technology with an approved nominal efficiency greater than 95 percent 
or a pollution prevention measure achieving greater than 95 percent 
emission reduction, ES1iACTUAL, shall be calculated according 
to the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.279

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

    (1) ES2iu is calculated according to the equations and 
procedures for ESiu in paragraph (g)(3)(i) of this section.
    (2) The percent reduction shall be calculated according to the 
procedures in paragraphs (g)(3)(ii)(B)(1) and (g)(3)(ii)(B)(2) of this 
section.
    (3) If an internal or external floating roof meeting the 
specifications of Sec. 63.119 (b), (c), or (d) of this subpart is used 
to control the vessel, the percent reduction shall be 95 percent.
    (B) If a Group 2 storage vessel is controlled with an internal or 
external floating roof not meeting the specifications of Sec. 63.119 
(b), (c), or (d) of this subpart, ES2iACTUAL shall be 
calculated as specified for ESiACTUAL in paragraph 
(g)(3)(iii) or (g)(3)(iv) of this section.
    (C) For a Group 2 storage vessel controlled using a technology with 
an approved nominal efficiency greater than 95 percent or a pollution 
prevention measure achieving greater than 95 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.281


[[Page 337]]


    (iv) Emissions from Group 2 storage vessels at baseline, 
ES2iBASE, shall be calculated as follows:
    (A) If the fixed-roof vessel was uncontrolled on November 15, 1990, 
ES2iBASE=ES2iu and shall be calculated according 
to the procedures and equations for ESiu in paragraph 
(g)(3)(i) of this section.
    (B) If the storage vessel was controlled on November 15, 1990:
    (1) The equations for ESiACTUAL in paragraph (g)(3)(iii) 
of this section shall be used to calculate ES2iBASE for 
vessels controlled with an internal floating roof that does not meet the 
specifications of Sec. 63.119 (b) or (d) of this subpart.
    (2) The equations for ESiACTUAL in paragraph (g)(3)(iv) 
of this section shall be used to calculate ES2iBASE for 
vessels controlled with an external floating roof that does not meet the 
specifications of Sec. 63.119(c) of this subpart.
    (3) The following equations shall be used to calculate 
ES2iBASE for vessels controlled with a control device,
[GRAPHIC] [TIFF OMITTED] TR22AP94.282

where ES2iu shall be calculated according to the equations 
          for ESiu in paragraph (g)(3)(i) of this section. 
          The percent reduction shall be calculated according to the 
          procedures in paragraphs (g)(3)(ii)(B)(1) and (g)(3)(ii)(B)(2) 
          of this section.

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

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

    (1) ETR2iu shall be calculated according to the equations 
and procedures for ETRiu in paragraphs (g)(4)(i) through 
(g)(4)(iv) of this section.
    (2) The percent reduction shall be calculated according to the 
procedures in paragraph (g)(4)(v)(B)(1) and (g)(4)(v)(B)(2) of this 
section.

[[Page 338]]

    (B) For a Group 2 transfer rack controlled using a technology with 
an approved nominal efficiency greater than 98 percent or a pollution 
prevention measure achieving greater than 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.285

    (iv) Emissions from Group 2 transfer racks at baseline, 
ETR2iBASE, shall be calculated as follows:
    (A) If the transfer rack was uncontrolled on November 15, 1990, 
ETR2iBASE=ETR2iu and shall be calculated according 
to the procedures and equations for ETRiu in paragraphs 
(g)(4)(i) through (g)(4)(iv) of this section.
    (B) If the transfer rack was controlled on November 15, 1990,
    [GRAPHIC] [TIFF OMITTED] TR22AP94.286
    
where ETR2iu is calculated according to the procedures and 
          equations for ETRiu in paragraphs (g)(4)(i) through 
          (g)(4)(iv) of this section. Percent reduction shall be 
          calculated according to the procedures in paragraphs 
          (g)(4)(v)(B)(1) and (g)(4)(v)(B)(2) of this section.

    (5) Emissions from wastewater shall be determined as follows:
    (i) EWW1ic shall be calculated according to the equation 
for EWWic in paragraph (g)(5)(i) of this section.
    (ii) EWW2iBASE shall be calculated according to the 
equation for EWWiACTUAL in paragraph (g)(5)(ii) of this 
section for each Group 2 wastewater stream i, which on November 15, 
1990, was not managed according to the requirements of Sec. Sec. 63.133 
through 63.137 of this subpart, as applicable.
    (iii) EWW2iBASE shall be calculated according to the 
equation for EWWiACTUAL in paragraph (g)(5)(iii) of this 
section for each Group 2 wastewater stream i, which on November 15, 
1990, was managed according to the requirements of Sec. Sec. 63.133 
through 63.137 of this subpart, as applicable, and was uncontrolled or 
controlled to a level less stringent than the reference control 
technology.
    (iv) For Group 2 wastewater streams that are managed according to 
the requirements of Sec. Sec. 63.133 through 63.137 of this subpart, as 
applicable, EWW2iACTUAL shall be calculated as follows:
    (A) EWW2iACTUAL shall be calculated according to the 
equation for EWWiACTUAL in paragraph (g)(5)(iii) of this 
section for each Group 2 wastewater stream i that is controlled to a 
level less stringent than, or equivalent to, the reference control 
technology.
    (B) EWW2iACTUAL shall be calculated according to the 
procedures for calculating EWW1iACTUAL in paragraph (h)(5)(v) 
of this section for each Group 2 wastewater stream that is controlled to 
a level more stringent than the reference control technology.
    (v) The following equations for EWW1iACTUAL shall be used to 
calculate emissions from each Group 1 wastewater stream i that is 
managed according to the requirements of Sec. Sec. 63.133 through 
63.137 of this subpart, as applicable, and is controlled to a level more 
stringent than the reference control technology.
    (A) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency in the concentration of table 9 HAP for 
stream i greater than that of the design steam stripper specified in 
Sec. 63.138(d) of this subpart, and the control device used to reduce 
table 9 HAP

[[Page 339]]

emissions from the vapor stream(s) vented from the treatment process(es) 
achieves a percent reduction equal to 95 percent, the following equation 
shall be used. All terms in this equation are as defined and determined 
in paragraph (g)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.008

    (B) If the Group 1 wastewater stream i is not controlled using a 
treatment process or series of treatment processes with a nominal 
reduction efficiency in the table 9 HAP concentration greater than that 
of the design steam stripper specified in Sec. 63.138(d) of this 
subpart, but the vapor stream(s) vented from the treatment process(es) 
are controlled using a device with an approved nominal efficiency 
greater than 95 percent, the following equation shall be used. All terms 
other than nominal efficiency are as defined and determined in paragraph 
(g)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.009

    (C) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency in the table 9 HAP concentration greater 
than that of the design steam stripper specified in Sec. 63.138(d) of 
this subpart, and the vapor stream(s) vented from the treatment process 
are controlled using a device with an approved nominal efficiency 
greater than 95 percent, the following equation shall be used. All terms 
other than nominal efficiency are as defined and determined in paragraph 
(g)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.010

    (i) The following procedures shall be followed to establish nominal 
efficiencies. The procedures in paragraphs (i)(1) through (i)(6) of this 
section shall be followed for control technologies that are different in 
use or design from the reference control technologies and achieve 
greater percent reductions than the percent efficiencies assigned to the 
reference control technologies in Sec. 63.111 of this subpart.

[[Page 340]]

    (1) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology, and the different 
control technology will be used in more than three applications at a 
single plant-site, the owner or operator shall submit the information 
specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section to 
the Director of the EPA Office of Air Quality Planning and Standards in 
writing:
    (i) Emission stream characteristics of each emission point to which 
the control technology is or will be applied including the kind of 
emission point, flow, organic HAP concentration, and all other stream 
characteristics necessary to design the control technology or determine 
its performance.
    (ii) Description of the control technology including design 
specifications.
    (iii) Documentation demonstrating to the Administrator's 
satisfaction the control efficiency of the control technology. This may 
include performance test data collected using an appropriate EPA method 
or any other method validated according to Method 301 of appendix A of 
this part. If it is infeasible to obtain test data, documentation may 
include a design evaluation and calculations. The engineering basis of 
the calculation procedures and all inputs and assumptions made in the 
calculations shall be documented.
    (iv) A description of the parameter or parameters to be monitored to 
ensure that the control technology will be operated in conformance with 
its design and an explanation of the criteria used for selection of that 
parameter (or parameters).
    (2) The Administrator shall determine within 120 calendar days 
whether an application presents sufficient information to determine 
nominal efficiency. The Administrator reserves the right to request 
specific data in addition to the items listed in paragraph (i)(1) of 
this section.
    (3) The Administrator shall determine within 120 calendar days of 
the submittal of sufficient data whether a control technology shall have 
a nominal efficiency and the level of that nominal efficiency. If, in 
the Administrator's judgment, the control technology achieves a level of 
emission reduction greater than the reference control technology for a 
particular kind of emission point, the Administrator will publish a 
Federal Register notice establishing a nominal efficiency for the 
control technology.
    (4) The Administrator may condition permission to take emission 
credits for use of the control technology on requirements that may be 
necessary to ensure operation and maintenance to achieve the specified 
nominal efficiency.
    (5) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology and the different 
control technology will be used in no more than three applications at a 
single plant site, the information listed in paragraphs (i)(1)(i) 
through (i)(1)(iv) can be submitted to the permitting authority for the 
source for approval instead of the Administrator.
    (i) In these instances, use and conditions for use of the control 
technology can be approved by the permitting authority as part of an 
operating permit application or modification. The permitting authority 
shall follow the procedures specified in paragraphs (i)(2) through 
(i)(4) of this section except that, in these instances, a Federal 
Register notice is not required to establish the nominal efficiency for 
the different technology.
    (ii) If, in reviewing the application, the permitting authority 
believes the control technology has broad applicability for use by other 
sources, the permitting authority shall submit the information provided 
in the application to the Director of the EPA Office of Air Quality 
Planning and Standards. The Administrator shall review the technology 
for broad applicability and may publish a Federal Register notice; 
however, this review shall not affect the permitting authority's 
approval of the nominal efficiency of the control technology for the 
specific application.
    (6) If, in reviewing an application for a control technology for an 
emission point, the Administrator or permitting authority determines the 
control technology is not different in use or design

[[Page 341]]

from the reference control technology, the Administrator or permitting 
authority shall deny the application.
    (j) The following procedures shall be used for calculating the 
efficiency (percent reduction) of pollution prevention measures:
    (1) A pollution prevention measure is any practice which meets the 
criteria of paragraphs (j)(1)(i) and (j)(1)(ii) of this section.
    (i) A pollution prevention measure is any practice that results in a 
lesser quantity of organic HAP emissions per unit of product released to 
the atmosphere prior to out-of-process recycling, treatment, or control 
of emissions, while the same product is produced.
    (ii) Pollution prevention measures may include: substitution of 
feedstocks that reduce HAP emissions; alterations to the production 
process to reduce the volume of materials released to the environment; 
equipment modifications; housekeeping measures; and in-process recycling 
that returns waste materials directly to production as raw materials. 
Production cutbacks do not qualify as pollution prevention.
    (2) The emission reduction efficiency of pollution prevention 
measures implemented after November 15, 1990, can be used in calculating 
the actual emissions from an emission point in the debit and credit 
equations in paragraphs (g) and (h) of this section. When the term 
``organic HAP'' is used in Sec. 63.150(j)(2) in reference to wastewater 
emission points, the term ``table 9 HAP'' shall apply for the purposes 
of this paragraph.
    (i) For pollution prevention measures, the percent reduction used in 
the equations in paragraphs (g)(2) through (g)(5) of this section and 
paragraphs (h)(2) through (h)(5) of this section is the percent 
difference between the monthly organic HAP emissions for each emission 
point after the pollution prevention measure for the most recent month 
versus monthly emissions from the same emission point before the 
pollution prevention measure, adjusted by the volume of product produced 
during the two monthly periods.
    (ii) The following equation shall be used to calculate the percent 
reduction of a pollution prevention measure for each emission point.
[GRAPHIC] [TIFF OMITTED] TR22AP94.290

where:

Percent reduction=Efficiency of pollution prevention measure (percent 
          organic HAP reduction).
EB=Monthly emissions before the pollution prevention measure, 
          megagrams per month, determined as specified in paragraphs 
          (j)(2)(ii)(A), (j)(2)(ii)(B), and (j)(2)(ii)(C) of this 
          section.
Epp=Monthly emissions after the pollution prevention measure, 
          megagrams per month, as determined for the most recent month, 
          determined as specified in paragraphs (j)(2)(ii)(D) or 
          (j)(2)(ii)(E) of this section.
PB=Monthly production before the pollution prevention 
          measure, megagrams per month, during the same period over 
          which EB is calculated.
Ppp=Monthly production after the pollution prevention 
          measure, megagrams per month, as determined for the most 
          recent month.

    (A) The monthly emissions before the pollution prevention measure, 
EB, shall be determined in a manner consistent with the 
equations and procedures in paragraphs (g)(2), (g)(3), and (g)(4) of 
this section for process vents, storage vessels, and transfer 
operations.
    (B) For wastewater, EB shall be calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR26AP99.011
    
Where:

n = Number of wastewater streams.

[[Page 342]]

QBi = Average flow rate for wastewater stream i before the 
          pollution prevention measure, defined and determined according 
          to paragraph (g)(5)(i) of this section, liters per minute, 
          before implementation of the pollution prevention measure.
HBi = Number of hours per month that wastewater stream i was 
          discharged before the pollution prevention measure, hours per 
          month.
s = Total number of table 9 HAP in wastewater stream i.
Fem = Fraction emitted of table 9 HAP m in wastewater of this 
          subpart, dimensionless.
HAPBim = Average concentration of table 9 HAP m in wastewater 
          stream i, defined and determined according to paragraph 
          (g)(5)(i) of this section, before the pollution prevention 
          measure, parts per million by weight, as measured before the 
          implementation of the pollution measure.

    (C) If the pollution prevention measure was implemented prior to 
April 22, 1994, records may be used to determine EB.
    (D) The monthly emissions after the pollution prevention measure, 
Epp, may be determined during a performance test or by a 
design evaluation and documented engineering calculations. Once an 
emissions-to-production ratio has been established, the ratio can be 
used to estimate monthly emissions from monthly production records.
    (E) For wastewater, Epp shall be calculated using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.292

where n, Qppi, Hppi, s, Fem, and 
HAPppim are defined and determined as described in paragraph 
(j)(2)(ii)(B) of this section except that Qppi, 
Hppi, and HAPppim shall be determined after the 
pollution prevention measure has been implemented.

    (iii) All equations, calculations, test procedures, test results, 
and other information used to determine the percent reduction achieved 
by a pollution prevention measure for each emission point shall be fully 
documented.
    (iv) The same pollution prevention measure may reduce emissions from 
multiple emission points. In such cases, the percent reduction in 
emissions for each emission point must be calculated.
    (v) For the purposes of the equations in paragraphs (h)(2) through 
(h)(5) of this section, used to calculate credits for emission points 
controlled more stringently than the reference control technology, the 
nominal efficiency of a pollution prevention measure is equivalent to 
the percent reduction of the pollution prevention measure. When a 
pollution prevention measure is used, the owner or operator of a source 
is not required to apply to the Administrator for a nominal efficiency 
and is not subject to paragraph (i) of this section.
    (k) The owner or operator must demonstrate that the emissions from 
the emission points proposed to be included in the average will not 
result in greater hazard or, at the option of the operating permit 
authority, greater risk to human health or the environment than if the 
emission points were controlled according to the provisions in 
Sec. Sec. 63.113 through 63.148.
    (1) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the operating permit authority.
    (i) The Administrator may require owners and operators to use 
specific methodologies and procedures for making a hazard or risk 
determination.
    (ii) The demonstration and approval of hazard or risk equivalency 
shall be made according to any guidance that the Administrator makes 
available for use.
    (2) Owners and operators shall provide documentation demonstrating 
the hazard or risk equivalency of their proposed emissions average in 
their operating permit application or in their Implementation Plan if an 
operating permit application has not yet been submitted.

[[Page 343]]

    (3) An emissions averaging plan that does not demonstrate hazard or 
risk equivalency to the satisfaction of the Administrator shall not be 
approved. The Administrator may require such adjustments to the 
emissions averaging plan as are necessary in order to ensure that the 
average will not result in greater hazard or risk to human health or the 
environment than would result if the emission points were controlled 
according to Sec. Sec. 63.113 through 63.148 of this subpart.
    (4) A hazard or risk equivalency demonstration must:
    (i) Be a quantitative, bona fide chemical hazard or risk assessment;
    (ii) Account for differences in chemical hazard or risk to human 
health or the environment; and
    (iii) Meet any requirements set by the Administrator for such 
demonstrations.
    (l) For periods of excursions, an owner or operator may request that 
the provisions of paragraphs (l)(1) through (l)(4) of this section be 
followed instead of the procedures in paragraphs (f)(3)(i) and 
(f)(3)(ii) of this section.
    (1) The owner or operator shall notify the Administrator of 
excursions in the Periodic Reports as required in Sec. 63.152 of this 
subpart.
    (2) The owner or operator shall demonstrate that other types of 
monitoring data or engineering calculations are appropriate to establish 
that the control device for the emission point was operating in such a 
fashion to warrant assigning full or partial credits and debits. This 
demonstration shall be made to the Administrator's satisfaction, and the 
Administrator may establish procedures of demonstrating compliance that 
are acceptable.
    (3) The owner or operator shall provide documentation of the 
excursion and the other type of monitoring data or engineering 
calculations to be used to demonstrate that the control device for the 
emission point was operating in such a fashion to warrant assigning full 
or partial credits and debits.
    (4) The Administrator may assign full or partial credit and debits 
upon review of the information provided.
    (m) For each Group 1 or Group 2 emission point included in an 
emissions average, the owner or operator shall perform testing, 
monitoring, recordkeeping, and reporting equivalent to that required for 
Group 1 emission points complying with Sec. Sec. 63.113 through 63.148 
of this subpart. The specific requirements for process vents, storage 
vessels, transfer racks, and wastewater are identified in paragraphs 
(m)(1) through (m)(6) of this section.
    (1) The source shall implement the following testing, monitoring, 
recordkeeping, and reporting procedures for each process vent equipped 
with a flare, incinerator, boiler, or process heater.
    (i) Determine, consistent with paragraph (g)(2)(i) of this section, 
whether the process vent is Group 1 or Group 2 according to the 
procedures in Sec. 63.115.
    (ii) Conduct initial performance tests to determine percent 
reduction as specified in Sec. 63.116 of this subpart;
    (iii) Monitor the operating parameters, keep records, and submit 
reports specified in Sec. 63.114, Sec. 63.117(a), and Sec. 63.118 
(a), (f), and (g) of this subpart, as appropriate for the specific 
control device.
    (2) The source shall implement the following procedures for each 
process vent equipped with a carbon adsorber, absorber, or condenser but 
not equipped with a control device:
    (i) Determine, consistent with paragraph (g)(2)(i) of this section, 
the flow rate, organic HAP concentration, and TRE index value using the 
methods specified in Sec. 63.115;
    (ii) Monitor the operating parameters, keep records, and submit 
reports specified in Sec. 63.114, Sec. 63.117(a), and Sec. 63.118(b), 
(f), and (g) of this subpart, as appropriate for the specific recovery 
device.
    (3) The source shall implement the following procedures for each 
storage vessel controlled with an internal floating roof, external roof, 
or a closed vent system with a control device, as appropriate to the 
control technique:
    (i) Perform the monitoring or inspection procedures in Sec. 63.120 
of this subpart,
    (ii) Perform the reporting and recordkeeping procedures in 
Sec. Sec. 63.122 and 63.123 of this subpart, and

[[Page 344]]

    (iii) For closed vent systems with control devices, conduct an 
initial design evaluation and submit an operating plan as specified in 
Sec. 63.120(d) and Sec. 63.122(a)(2) and (b) of this subpart.
    (4) The source shall implement the following procedures for each 
transfer rack controlled with a vapor balancing system, or a vapor 
collection system and an incinerator, flare, boiler, process heater, 
adsorber, condenser, or absorber, as appropriate to the control 
technique:
    (i) The monitoring and inspection procedures in Sec. 63.127 of this 
subpart,
    (ii) The testing and compliance procedures in Sec. 63.128 of this 
subpart, and
    (iii) The reporting and recordkeeping procedures in Sec. 63.129 and 
Sec. 63.130 of this subpart.
    (5) The source shall implement the following procedures for 
wastewater emission points, as appropriate to the control techniques:
    (i) For wastewater treatment processes, conduct tests as specified 
in Sec. 63.138(j) of this subpart.
    (ii) Conduct inspections and monitoring as specified in Sec. 63.143 
of this subpart.
    (iii) A recordkeeping program as specified in Sec. 63.147 of this 
subpart.
    (iv) A reporting program as specified in Sec. 63.146 of this 
subpart.
    (6) If an emission point in an emissions average is controlled using 
a pollution prevention measure or a device or technique for which no 
monitoring parameters or inspection procedures are specified in Sec. 
63.114, Sec. 63.120, Sec. 63.127, or Sec. 63.143 of this subpart, the 
owner or operator shall submit the information specified in Sec. 
63.151(f) of this subpart in the Implementation Plan or operating permit 
application.
    (n) Records of all information required to calculate emission debits 
and credits shall be retained for five years.
    (o) Initial Notifications, Implementation Plans, Notifications of 
Compliance Status, Periodic Reports, and other reports shall be 
submitted as required by Sec. 63.151 and Sec. 63.152 of this subpart.

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995; 
64 FR 20192, Apr. 26, 1999; 66 FR 6934, Jan. 22, 2001]



Sec. 63.151  Initial notification.

    (a) Each owner or operator of a source subject to this subpart shall 
submit the reports listed in paragraphs (a)(1) through (a)(5) of this 
section. Owners or operators requesting an extension of compliance shall 
also submit the report listed in paragraph (a)(6) of this section.
    (1) An Initial Notification described in paragraph (b) of this 
section, and
    (2) An Implementation Plan for new sources subject to this subpart 
or for emission points to be included in an emissions average, unless an 
operating permit application has been submitted prior to the date the 
Implementation Plan is due and the owner or operator has elected to 
include the information specified in Sec. 63.152(e) in that 
application. The submittal date and contents of the Implementation Plan 
are specified in paragraphs (c) and (d) of this section.
    (3) A Notification of Compliance Status described in Sec. 63.152 of 
this subpart,
    (4) Periodic Reports described in Sec. 63.152 of this subpart, and
    (5) Other reports described in Sec. 63.152 of this subpart.
    (6) Pursuant to section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing the existing source up to 1 
additional year to comply with section 112(d) standards.
    (i) For purposes of this subpart, a request for an extension shall 
be submitted to the permitting authority as part of the operating permit 
application or as part of the Initial Notification or as a separate 
submittal. Requests for extensions shall be submitted no later than 120 
days prior to the compliance dates specified in Sec. 63.100(k)(2), 
Sec. 63.100(l)(4), and Sec. 63.100(m) of subpart F of this part, 
except as provided for in paragraph (a)(6)(iv) of this section. The 
dates specified in Sec. 63.6(i) of subpart A of this part for submittal 
of requests for extensions shall not apply to sources subject to this 
subpart G.
    (ii) A request for an extension of compliance must include the data 
described in Sec. 63.6(i)(6)(i) (A), (B), and (D) of subpart A of this 
part.
    (iii) The requirements in Sec. 63.6(i)(8) through (i)(14) of 
subpart A will govern the review and approval of requests for

[[Page 345]]

extensions of compliance with this subpart.
    (iv) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (a)(6)(i) of this section provided 
the need for the compliance extension arose after that date and before 
the otherwise applicable compliance date, and the need arose due to 
circumstances beyond reasonable control of the owner or operator. This 
request shall include, in addition to the information in paragraph 
(a)(6)(ii) of this section, a statement of the reasons additional time 
is needed and the date when the owner or operator first learned of the 
problem.
    (7) The reporting requirements for storage vessels are located in 
Sec. 63.122 of this subpart.
    (b) Each owner or operator of an existing or new source subject to 
subpart G shall submit a written Initial Notification to the 
Administrator, containing the information described in paragraph (b)(1) 
of this section, according to the schedule in paragraph (b)(2) of this 
section. The Initial Notification provisions in Sec. 63.9(b)(2), 
(b)(3), and (b)(6) of subpart A shall not apply to owners or operators 
of sources subject to subpart G.
    (1) The Initial Notification shall include the following 
information:
    (i) The name and address of the owner or operator;
    (ii) The address (physical location) of the affected source;
    (iii) An identification of the kinds of emission points within the 
source that are subject to this subpart;
    (iv) An identification of the chemical manufacturing processes 
subject to subpart G; and
    (v) A statement of whether the source can achieve compliance by the 
relevant compliance date specified in Sec. 63.100 of subpart F.
    (2) The Initial Notification shall be submitted according to the 
schedule in paragraph (b)(2)(i), (b)(2)(ii), or (b)(2)(iii) of this 
section, as applicable.
    (i) For an existing source, the Initial Notification shall be 
submitted within 120 calendar days after the date of promulgation.
    (ii) For a new source that has an initial start-up 90 calendar days 
after the date of promulgation of this subpart or later, the application 
for approval of construction or reconstruction required by Sec. 63.5(d) 
of subpart A shall be submitted in lieu of the Initial Notification. The 
application shall be submitted as soon as practicable before 
construction or reconstruction is planned to commence (but it need not 
be sooner than 90 calendar days after the date of promulgation of this 
subpart).
    (iii) For a new source that has an initial start-up prior to 90 
calendar days after the date of promulgation, the Initial Notification 
shall be submitted within 90 calendar days after the date of 
promulgation of this subpart. The application for approval of 
construction or reconstruction described in Sec. 63.5(d) of subpart A 
is not required for these sources.
    (c) Each owner or operator of an existing source with emission 
points that will be included in an emissions average or new source 
subject to this subpart must submit an Implementation Plan to the 
Administrator by the dates specified in paragraphs (c)(1) and (c)(2) of 
this section, unless an operating permit application accompanied by the 
information specified in Sec. 63.152(e) of this subpart has been 
submitted. The Implementation Plan for emissions averaging is subject to 
Administrator approval.
    (1) Each owner or operator of an existing source subject to this 
subpart who elects to comply with Sec. 63.112 of this subpart by using 
emissions averaging for any emission points, and who has not submitted 
an operating permit application accompanied by the information specified 
in Sec. 63.152(e) of this subpart at least 18 months prior to the 
compliance dates specified in Sec. 63.100 of subpart F of this part, 
shall develop an Implementation Plan for emissions averaging. For 
existing sources, the Implementation Plan for those emission points to 
be included in an emissions average shall be submitted no later than 18 
months prior to the compliance dates in Sec. 63.100 of subpart F of 
this part.
    (2) Each owner or operator of a new source shall submit an 
Implementation

[[Page 346]]

Plan by the date specified in paragraphs (c)(2)(i) or (c)(2)(ii) of this 
section, as applicable, unless an operating permit application 
containing the information in paragraph (e) of this section has been 
submitted by that date.
    (i) For a new source that has an initial start-up 90 calendar days 
after the date of promulgation of this subpart or later, the 
Implementation Plan shall be submitted with the application for approval 
of construction or reconstruction by the date specified in paragraph 
(b)(2)(ii) of this section.
    (ii) For a new source that has an initial start-up prior to 90 
calendar days after the date of promulgation, the Implementation Plan 
shall be submitted within 90 calendar days after the date of 
promulgation of this subpart.
    (3) The Administrator shall determine within 120 calendar days 
whether the Implementation Plan submitted by sources using emissions 
averaging presents sufficient information. The Administrator shall 
either approve the Implementation Plan, request changes, or request that 
the owner or operator submit additional information. Once the 
Administrator receives sufficient information, the Administrator shall 
approve, disapprove, or request changes to the plan within 120 calendar 
days.
    (d) Each owner or operator required to submit an Implementation Plan 
for emissions averaging shall include in the plan, for all emission 
points included in the emissions average, the information listed in 
paragraphs (d)(1) through (d)(8) of this section.
    (1) The identification of all emission points in the planned 
emissions average and notation of whether each point is a Group 1 or 
Group 2 emission point as defined in Sec. 63.111 of this subpart.
    (2) The projected emission debits and credits for each emission 
point and the sum for the emission points involved in the average 
calculated according to Sec. 63.150 of this subpart. The projected 
credits must be greater than the projected debits, as required under 
Sec. 63.150(e)(3) of this subpart.
    (3) The specific control technology or pollution prevention measure 
that will be used for each emission point included in the average and 
date of application or expected date of application.
    (4) The specific identification of each emission point affected by a 
pollution prevention measure. To be considered a pollution prevention 
measure, the criteria in Sec. 63.150(j)(1) of this subpart must be met. 
If the same pollution prevention measure reduces or eliminates emissions 
from multiple emission points in the average, the owner or operator must 
identify each of these emission points.
    (5) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping, and reporting provisions in Sec. 63.150(m), 
(n), and (o) of this subpart that are applicable to each emission point 
in the emissions average will be implemented beginning on the date of 
compliance.
    (6) Documentation of the information listed in paragraph (d)(6)(i) 
through (d)(6)(v) of this section for each process vent, storage vessel, 
or transfer rack included in the average.
    (i) The values of the parameters used to determine whether the 
emission point is Group 1 or Group 2. Where TRE index value is used for 
process vent group determination, the estimated or measured values of 
the parameters used in the TRE equation in Sec. 63.115(d) of this 
subpart (flow rate, organic HAP emission rate, TOC emission rate, and 
net heating value) and the resulting TRE index value shall be submitted.
    (ii) The estimated values of all parameters needed for input to the 
emission debit and credit calculations in Sec. 63.150 (g) and (h) of 
this subpart. These parameter values, or as appropriate, limited ranges 
for the parameter values, shall be specified in the source's 
Implementation Plan (or operating permit) as enforceable operating 
conditions. Changes to these parameters must be reported as required by 
paragraph (i)(2)(ii) of this section.
    (iii) The estimated percent reduction if a control technology 
achieving a lower percent reduction than the efficiency of the reference 
control technology, as defined in Sec. 63.111 of this subpart, is or 
will be applied to the emission point.
    (iv) The anticipated nominal efficiency if a control technology 
achieving a greater percent emission reduction than the efficiency of 
the reference control technology is or will be

[[Page 347]]

applied to the emission point. The procedures in Sec. 63.150(i) of this 
subpart shall be followed to apply for a nominal efficiency.
    (v) The operating plan required in Sec. 63.122(a)(2) and (b) of 
this subpart for each storage vessel controlled with a closed-vent 
system with a control device other than a flare.
    (7) The information specified in Sec. 63.151(f) of this subpart 
shall be included in the Implementation Plan for:
    (i) Each process vent or transfer rack controlled by a pollution 
prevention measure or control technique for which monitoring parameters 
or inspection procedures are not specified in Sec. 63.114, Sec. 
63.126(b)(3), or Sec. 63.127 of this subpart, and
    (ii) Each storage vessel controlled by pollution prevention or a 
control technique other than an internal or external floating roof or a 
closed vent system with a control device.
    (8) Documentation of the information listed in paragraph (d)(8)(i) 
through (d)(8)(iv) for each process wastewater stream included in the 
average.
    (i) The information used to determine whether the wastewater stream 
is a Group 1 or Group 2 wastewater stream.
    (ii) The estimated values of all parameters needed for input to the 
wastewater emission credit and debit calculations in Sec. 63.150 (g)(5) 
and (h)(5) of this subpart.
    (iii) The estimated percent reduction if:
    (A) A control technology that achieves an emission reduction less 
than or equal to the emission reduction achieved by the design steam 
stripper, as specified in Sec. 63.138(g) of this subpart, is or will be 
applied to the wastewater stream, or
    (B) A control technology achieving less than or equal to 95 percent 
emission reduction is or will be applied to the vapor stream(s) vented 
and collected from the treatment processes, or
    (C) A pollution prevention measure is or will be applied.
    (iv) The anticipated nominal efficiency if the owner or operator 
plans to apply for a nominal efficiency under Sec. 63.150(i) of this 
subpart. A nominal efficiency shall be applied for if:
    (A) A control technology is or will be applied to the wastewater 
stream and achieves an emission reduction greater than the emission 
reduction achieved by the design steam stripper as specified in Sec. 
63.138(g) of this subpart, or
    (B) A control technology achieving greater than 95 percent emission 
reduction is or will be applied to the vapor stream(s) vented and 
collected from the treatment processes.
    (v) For each pollution prevention measure, treatment process, or 
control device used to reduce air emissions of organic HAP's from 
wastewater and for which no monitoring parameters or inspection 
procedures are specified in Sec. 63.143 of this subpart, the 
information specified in Sec. 63.151(f) of this subpart shall be 
included in the Implementation Plan.
    (e) An owner or operator expressly referred to this paragraph shall 
report, in an Implementation Plan, operating permit application, or as 
otherwise specified by the permitting authority, the information listed 
in paragraphs (e)(1) through (e)(5) of this section.
    (1) A list designating each emission point complying with Sec. Sec. 
63.113 through 63.149 and whether each emission point is Group 1 or 
Group 2, as defined in Sec. 63.111. For each process vent within the 
source, provide the information listed in paragraphs (e)(1)(i) through 
(iv) of this section.
    (i) The chemical manufacturing process unit(s) that is the origin of 
all or part of the vent stream that exits the process vent.
    (ii) The type(s) of unit operations (i.e., an air oxidation reactor, 
distillation unit, or reactor) that creates the vent stream that exits 
the process vent.
    (iii) For a Group 2 process vent, the last recovery device, if any.
    (iv) For a Group 1 process vent, the control device, or other 
equipment used for compliance.
    (2) The control technology or method of compliance that will be 
applied to each Group 1 emission point.
    (3) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping, and reporting provisions in Sec. Sec. 63.113 
through 63.149 of this subpart that are applicable to each

[[Page 348]]

emission point will be implemented beginning on the date of compliance.
    (4) The operating plan required in Sec. 63.122(a)(2) and (b) of 
this subpart for each storage vessel controlled with a closed vent 
system with a control device other than a flare.
    (5) The monitoring information in Sec. 63.151(f) of this subpart 
if, for any emission point, the owner or operator of a source seeks to 
comply through use of a control technique other than those for which 
monitoring parameters are specified in Sec. 63.114 for process vents, 
Sec. 63.127 for transfer, and Sec. 63.143 for process wastewater.
    (f) The owner or operator who has been directed by any section of 
this subpart that expressly references this paragraph to set unique 
monitoring parameters or who requests approval to monitor a different 
parameter than those listed in Sec. 63.114 for process vents, Sec. 
63.127 for transfer, or Sec. 63.143 for process wastewater of this 
subpart shall submit the information specified in paragraphs (f)(1), 
(f)(2), and (f)(3) of this section with the operating permit application 
or as otherwise specified by the permitting authority.
    (1) A description of the parameter(s) to be monitored to ensure the 
control technology or pollution prevention measure is operated in 
conformance with its design and achieves the specified emission limit, 
percent reduction, or nominal efficiency, and an explanation of the 
criteria used to select the parameter(s).
    (2) A description of the methods and procedures that will be used to 
demonstrate that the parameter indicates proper operation of the control 
device, the schedule for this demonstration, and a statement that the 
owner or operator will establish a range for the monitored parameter as 
part of the Notification of Compliance Status report required in Sec. 
63.152(b) of this subpart, unless this information has already been 
included in the operating permit application.
    (3) The frequency and content of monitoring, recording, and 
reporting if monitoring and recording is not continuous, or if reports 
of daily average values when the monitored parameter value is outside 
the range established in the operating permit or Notification of 
Compliance Status will not be included in Periodic Reports required 
under Sec. 63.152(c) of this subpart. The rationale for the proposed 
monitoring, recording, and reporting system shall be included.
    (g) An owner or operator may request approval to use alternatives to 
the continuous operating parameter monitoring and recordkeeping 
provisions listed in Sec. Sec. 63.114, 63.117, and 63.118 for process 
vents, Sec. Sec. 63.127, 63.129, and 63.130 for transfer operations, 
and Sec. Sec. 63.143, 63.146, and 63.147 for wastewater.
    (1) Requests shall be included in the operating permit application 
or as otherwise specified by the permitting authority and shall contain 
the information specified in paragraphs (g)(3) through (g)(5) of this 
section, as applicable.
    (2) The provisions in Sec. 63.8(f)(5)(i) of subpart A shall govern 
the review and approval of requests.
    (3) An owner or operator of a source that does not have an automated 
monitoring and recording system capable of measuring parameter values at 
least once every 15 minutes and generating continuous records may 
request approval to use a non-automated system with less frequent 
monitoring.
    (i) The requested system shall include manual reading and recording 
of the value of the relevant operating parameter no less frequently than 
once per hour. Daily average values shall be calculated from these 
hourly values and recorded.
    (ii) The request shall contain:
    (A) A description of the planned monitoring and recordkeeping 
system;
    (B) Documentation that the source does not have an automated 
monitoring and recording system;
    (C) Justification for requesting an alternative monitoring and 
recordkeeping system; and
    (D) Demonstration to the Administrator's satisfaction that the 
proposed monitoring frequency is sufficient to represent control device 
operating conditions considering typical variability of the specific 
process and control device operating parameter being monitored.
    (4) An owner or operator may request approval to use an automated 
data compression recording system that

[[Page 349]]

does not record monitored operating parameter values at a set frequency 
(for example once every 15 minutes) but records all values that meet set 
criteria for variation from previously recorded values.
    (i) The requested system shall be designed to:
    (A) Measure the operating parameter value at least once every 15 
minutes.
    (B) Record at least four values each hour during periods of 
operation.
    (C) Record the date and time when monitors are turned off or on.
    (D) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident.
    (E) Compute daily average values of the monitored operating 
parameter based on recorded data.
    (F) If the daily average is not an excursion, as defined in Sec. 
63.152(c)(2)(ii), the data for that operating day may be converted to 
hourly average values and the four or more individual records for each 
hour in the operating day may be discarded.
    (ii) The request shall contain a description of the monitoring 
system and data compression recording system, including the criteria 
used to determine which monitored values are recorded and retained, the 
method for calculating daily averages, and a demonstration that the 
system meets all criteria in paragraph (g)(4)(i) of this section.
    (5) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec. 63.8(f) of subpart A of this part.
    (h) The owner or operator required to prepare an Implementation 
Plan, or otherwise required to submit a report, under paragraph (c), 
(d), or (e) of this section shall also submit a supplement for any 
additional alternative controls or operating scenarios that may be used 
to achieve compliance.
    (i) The owner or operator of a source required to submit an 
Implementation Plan for emissions averaging under paragraphs (c) and (d) 
of this section shall also submit written updates of the Implementation 
Plan to the Administrator for approval under the circumstances described 
in paragraphs (i)(1) and (i)(2) of this section unless the relevant 
information has been included and submitted in an operating permit 
application or amendment.
    (1) The owner or operator who plans to make a change listed in 
paragraph (i)(1)(i) or (i)(1)(ii) of this section shall submit an 
Implementation Plan update at least 120 calendar days prior to making 
the change.
    (i) Whenever an owner or operator elects to achieve compliance with 
the emissions averaging provisions in Sec. 63.150 of this subpart by 
using a control technique other than that specified in the 
Implementation Plan or plans to monitor a different parameter or operate 
a control device in a manner other than that specified in the 
Implementation Plan.
    (ii) Whenever an emission point or a chemical manufacturing process 
unit is added to an existing source and is planned to be included in an 
emissions average, or whenever an emission point not included in the 
emissions average described in the Implementation Plan is to be added to 
an emissions average. The information in paragraph (d) of this section 
shall be updated to include the additional emission point.
    (2) The owner or operator who has made a change listed in paragraph 
(i)(2)(i) or (i)(2)(ii) of this section shall submit an Implementation 
Plan update within 90 calendar days after the information regarding the 
change is known to the source. The update may be submitted in the next 
quarterly Periodic Report if the change is made after the date the 
Notification of Compliance status is due.
    (i) Whenever a process change is made such that the group status of 
any emission point in an emissions average changes.
    (ii) Whenever a value of a parameter in the emission credit or debit 
equations in Sec. 63.150(g) or (h) changes such that it is outside the 
range specified in the Implementation Plan and causes a decrease in the 
projected credits or an increase in the projected debits.
    (3) The Administrator shall approve or request changes to the 
Implementation Plan update within 120 calendar days of receipt of 
sufficient information regarding the change for emission points included 
in emissions averages.

[[Page 350]]

    (j) The owner or operator of a source subject to this subpart, for 
emission points that are not included in an emissions average, shall 
report to the Administrator under the circumstances described in 
paragraphs (j)(1), (j)(2), and (j)(3) of this section unless the 
relevant information has been included and submitted in an operating 
permit application or amendment, or as otherwise specified by the 
permitting authority. The information shall be submitted within 180 
calendar days after the change is made or the information regarding the 
change is known to the source. The update may be submitted in the next 
Periodic Report if the change is made after the date the Notification of 
Compliance Status is due.
    (1) Whenever a deliberate change is made such that the group status 
of any emission point changes. The information submitted shall include a 
compliance schedule as specified in Sec. 63.100 of subpart F of this 
part if the emission point becomes Group 1.
    (2) Whenever an owner or operator elects to achieve compliance with 
this subpart by using a control technique other than that previously 
reported to the Administrator or to the permitting authority, or plans 
to monitor a different parameter, or operate a control device in a 
manner other than that previously reported.
    (3) Whenever an emission point or a chemical manufacturing process 
unit is added to a source, written information specified under 
paragraphs (e)(1) through (e)(5) of this section, containing information 
on the new emission point(s) shall be submitted to the EPA regional 
office where the source is located.

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995; 
61 FR 7718, Feb. 29, 1996; 61 FR 64576, Dec. 5, 1996; 64 FR 20195, Apr. 
26, 1999; 66 FR 6934, Jan. 22, 2001]



Sec. 63.152  General reporting and continuous records.

    (a) The owner or operator of a source subject to this subpart shall 
submit the reports listed in paragraphs (a)(1) through (a)(5) of this 
section and keep continuous records of monitored parameters as specified 
in paragraph (f) of this section. Owners or operators requesting an 
extension of compliance shall also submit the report described in Sec. 
63.151(a)(6) of this subpart.
    (1) An Initial Notification described in Sec. 63.151(b) of this 
subpart.
    (2) An Implementation Plan described in Sec. 63.151(c), (d), and 
(e) of this subpart for existing sources with emission points that are 
included in an emissions average or for new sources.
    (3) A Notification of Compliance Status described in paragraph (b) 
of this section.
    (4) Periodic Reports described in paragraph (c) of this section.
    (5) Other reports described in paragraphs (d) and (e) of this 
section.
    (b) Each owner or operator of a source subject to this subpart shall 
submit a Notification of Compliance Status within 150 calendar days 
after the compliance dates specified in Sec. 63.100 of subpart F of 
this part.
    (1) The notification shall include the results of any emission point 
group determinations, performance tests, inspections, continuous 
monitoring system performance evaluations, values of monitored 
parameters established during performance tests, and any other 
information used to demonstrate compliance or required to be included in 
the Notification of Compliance Status under Sec. 63.110 (h) for 
regulatory overlaps, under Sec. 63.117 for process vents, Sec. 63.122 
for storage vessels, Sec. 63.129 for transfer operations, Sec. 63.146 
for process wastewater, and Sec. 63.150 for emission points included in 
an emissions average.
    (i) For performance tests and group determinations that are based on 
measurements, the Notification of Compliance Status shall include one 
complete test report for each test method used for a particular kind of 
emission point. For additional tests performed for the same kind of 
emission point using the same method, the results and any other 
information required in Sec. 63.117 for process vents, Sec. 63.129 for 
transfer, and Sec. 63.146 for process wastewater shall be submitted, 
but a complete test report is not required.
    (ii) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures,

[[Page 351]]

record of operating conditions during the test, record of preparation of 
standards, record of calibrations, raw data sheets for field sampling, 
raw data sheets for field and laboratory analyses, documentation of 
calculations, and any other information required by the test method.
    (2) For each monitored parameter for which a range is required to be 
established under Sec. 63.114 for process vents, Sec. 63.127 for 
transfer, Sec. 63.143 for process wastewater, Sec. 63.150(m) for 
emission points in emissions averages, or Sec. 63.151(f), or Sec. 
63.152(e), the Notification of Compliance Status shall include the 
information in paragraphs (b)(2)(i), (b)(2)(ii), and (b)(2)(iii) of this 
section, unless the range and the operating day definition have been 
established in the operating permit. The recordkeeping and reporting 
requirements applicable to storage vessels are located in Sec. Sec. 
63.122 and 63.123.
    (i) The specific range of the monitored parameter(s) for each 
emission point;
    (ii) The rationale for the specific range for each parameter for 
each emission point, including any data and calculations used to develop 
the range and a description of why the range indicates proper operation 
of the control device.
    (A) If a performance test is required by this subpart for a control 
device, the range shall be based on the parameter values measured during 
the performance test and may be supplemented by engineering assessments 
and/or manufacturer's recommendations. Performance testing is not 
required to be conducted over the entire range of permitted parameter 
values.
    (B) If a performance test is not required by this subpart for a 
control device, the range may be based solely on engineering assessments 
and/or manufacturer's recommendations.
    (iii) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The definition 
shall specify the times at which an operating day begins and ends.
    (3) For emission points included in an emissions average, the 
Notification of Compliance Status shall include the values of all 
parameters needed for input to the emission credit and debit equations 
in Sec. 63.150 (g) and (h), calculated or measured according to the 
procedures in Sec. 63.150 (g) and (h) of this subpart, and the 
resulting calculation of credits and debits for the first quarter of the 
year. The first quarter begins on the compliance date specified in Sec. 
63.100 of subpart F.
    (4) If any emission point is subject to this subpart and to other 
standards as specified in Sec. 63.110 of this subpart and if the 
provisions of Sec. 63.110 of this subpart allow the owner or operator 
to choose which testing, monitoring, reporting, and recordkeeping 
provisions will be followed, then the Notification of Compliance Status 
shall indicate which rule's requirements will be followed for testing, 
monitoring, reporting, and recordkeeping.
    (5) An owner or operator who transfers a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream for treatment 
pursuant to Sec. 63.132(g) shall include in the Notification of 
Compliance Status the name and location of the transferee and a 
description of the Group 1 wastewater stream or residual sent to the 
treatment facility.
    (6) An owner or operator complying with Sec. 63.113(i) shall 
include in the Notification of Compliance Status, or where applicable, a 
supplement to the Notification of Compliance Status, the name and 
location of the transferee, and the identification of the Group 1 
process vent.
    (c) The owner or operator of a source subject to this subpart shall 
submit Periodic Reports.
    (1) Except as specified under paragraphs (c)(5) and (c)(6) of this 
section, a report containing the information in paragraphs (c)(2), 
(c)(3), and (c)(4) of this section shall be submitted semiannually no 
later than 60 calendar days after the end of each 6-month period. The 
first report shall be submitted no later than 8 months after the date 
the Notification of Compliance Status is due and shall cover the 6-month 
period beginning on the date the Notification of Compliance Status is 
due.
    (2) Except as provided in paragraph (c)(2)(iv) of this section, for 
an owner or operator of a source complying with the provisions of 
Sec. Sec. 63.113 through 63.147

[[Page 352]]

for any emission points, Periodic Reports shall include all information 
specified in Sec. Sec. 63.117 and 63.118 for process vents, Sec. 
63.122 for storage vessels, Sec. Sec. 63.129 and 63.130 for transfer 
operations, and Sec. 63.146 for process wastewater, including reports 
of periods when monitored parameters are outside their established 
ranges.
    (i) For each parameter or parameters required to be monitored for a 
control device, the owner or operator shall establish a range of 
parameter values to ensure that the device is being applied, operated 
and maintained properly. As specified in paragraph (b)(2) of this 
section, these parameter values and the definition of an operating day 
shall be approved as part of and incorporated into the source's 
Notification of Compliance Status or operating permit, as appropriate.
    (ii) The parameter monitoring data for Group 1 emission points and 
emission points included in emissions averages that are required to 
perform continuous monitoring shall be used to determine compliance with 
the required operating conditions for the monitored control devices or 
recovery devices. For each excursion, except for excused excursions, the 
owner or operator shall be deemed to have failed to have applied the 
control in a manner that achieves the required operating conditions.
    (A) An excursion means any of the three cases listed in paragraph 
(c)(2)(ii)(A)(1), (c)(2)(ii)(A)(2), or (c)(2)(ii)(A)(3) of this section. 
For a control device or recovery device where multiple parameters are 
monitored, if one or more of the parameters meets the excursion criteria 
in paragraph (c)(2)(ii)(A)(1), (c)(2)(ii)(A)(2), or (c)(2)(ii)(A)(3) of 
this section, this is considered a single excursion for the control 
device or recovery device.
    (1) When the daily average value of one or more monitored parameters 
is outside the permitted range.
    (2) When the period of control device or recovery device operation 
is 4 hours or greater in an operating day and monitoring data are 
insufficient to constitute a valid hour of data for at least 75 percent 
of the operating hours.
    (3) When the period of control device or recovery device operation 
is less than 4 hours in an operating day and more than one of the hours 
during the period of operation does not constitute a valid hour of data 
due to insufficient monitoring data.
    (4) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (c)(2)(ii)(A)(2) and (c)(2)(ii)(A)(3) of 
this section, if measured values are unavailable for any of the 15-
minute periods within the hour. For data compression systems approved 
under Sec. 63.151(g)(4), monitoring data are insufficient to calculate 
a valid hour of data if there are less than 4 data values recorded 
during the hour.
    (B) The number of excused excursions for each control device or 
recovery device for each semiannual period is specified in paragraphs 
(c)(2)(ii)(B)(1) through (c)(2)(ii)(B)(6) of this section. This 
paragraph applies to sources required to submit Periodic Reports 
semiannually or quarterly. The first semiannual period is the 6-month 
period starting the date the Notification of Compliance Status is due.
    (1) For the first semiannual period--six excused excursions.
    (2) For the second semiannual period--five excused excursions.
    (3) For the third semiannual period--four excused excursions.
    (4) For the fourth semiannual period--three excused excursions.
    (5) For the fifth semiannual period--two excused excursions.
    (6) For the sixth and all subsequent semiannual periods--one excused 
excursion.
    (C) A monitored parameter that is outside its established range or 
monitoring data that are not collected are excursions. However, if the 
conditions in paragraph (c)(2)(ii)(C)(1) or (c)(2)(ii)(C)(2) of this 
section are met, these excursions are not violations and do not count 
toward the number of excused excursions for determining compliance.
    (1) Periods of startup, shutdown, or malfunction. During periods of 
startup, shutdown, or malfunction when the source is operated during 
such periods in accordance with Sec. 63.102(a)(4).
    (2) Periods of nonoperation. During periods of nonoperation of the 
chemical manufacturing process unit, or portion thereof, that results in 
cessation of the

[[Page 353]]

emissions to which the monitoring applies.
    (D) Nothing in paragraph (c)(2)(ii) of this section shall be 
construed to allow or excuse a monitoring parameter excursion caused by 
any activity that violates other applicable provisions of subpart A, F, 
or G of this part.
    (E) Paragraph (c)(2)(ii) of this section, except paragraph 
(c)(2)(ii)(C) of this section, shall apply only to emission points and 
control devices or recovery devices for which continuous monitoring is 
required by Sec. Sec. 63.113 through 63.150.
    (iii) Periodic Reports shall include the daily average values of 
monitored parameters for both excused and unexcused excursions, as 
defined in paragraph (c)(2)(ii)(A) of this section. For excursions 
caused by lack of monitoring data, the duration of periods when 
monitoring data were not collected shall be specified.
    (iv) The provisions of paragraphs (c)(2), (c)(2)(i), (c)(2)(ii), and 
(c)(2)(iii) of this section do not apply to any storage vessel for which 
the owner or operator is not required, by the applicable monitoring plan 
established under Sec. 63.120(d)(2), to keep continuous records. If 
continuous records are required, the owner or operator shall specify, in 
the monitoring plan, whether the provisions of paragraphs (c)(2), 
(c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this section apply.
    (3) If any performance tests are reported in a Periodic Report, the 
following information shall be included:
    (i) One complete test report shall be submitted for each test method 
used for a particular kind of emission point tested. A complete test 
report shall contain the information specified in paragraph (b)(1)(ii) 
of this section.
    (ii) For additional tests performed for the same kind of emission 
point using the same method, results and any other information required 
in Sec. 63.117 for process vents, Sec. 63.129 for transfer, and Sec. 
63.146 for process wastewater shall be submitted, but a complete test 
report is not required.
    (4) Periodic Reports shall include the information in paragraphs 
(c)(4)(i) through (c)(4)(iv) of this section, as applicable:
    (i) For process vents, reports of process changes as required under 
Sec. 63.118 (g), (h), (i), and (j) of this subpart,
    (ii) Any supplements required under Sec. 63.151(i) and (j) of this 
subpart,
    (iii) Notification if any Group 2 emission point becomes a Group 1 
emission point, including a compliance schedule as required in Sec. 
63.100 of subpart F of this part, and
    (iv) For gas streams sent for disposal pursuant to Sec. 63.113(i) 
or for process wastewater streams sent for treatment pursuant to Sec. 
63.132(g), reports of changes in the identity of the transferee.
    (5) The owner or operator of a source shall submit quarterly reports 
for all emission points included in an emissions average.
    (i) The quarterly reports shall be submitted no later than 60 
calendar days after the end of each quarter. The first report shall be 
submitted with the Notification of Compliance Status no later than 5 
months after the compliance date specified in Sec. 63.100 of subpart F.
    (ii) The quarterly reports shall include the information specified 
in this paragraph for all emission points included in an emissions 
average.
    (A) The credits and debits calculated each month during the quarter;
    (B) A demonstration that debits calculated for the quarter are not 
more than 1.30 times the credits calculated for the quarter, as required 
under Sec. 63.150(e)(4) of this subpart.
    (C) The values of any inputs to the credit and debit equations in 
Sec. 63.150 (g) and (h) of this subpart that change from month to month 
during the quarter or that have changed since the previous quarter;
    (D) Results of any performance tests conducted during the reporting 
period including one complete report for each test method used for a 
particular kind of emission point as described in paragraph (c)(3) of 
this section;
    (E) Reports of daily average values of monitored parameters for both 
excused and unexcused excursions as defined in paragraph (c)(2)(ii)(A) 
of this section. For excursions caused by lack of monitoring data, the 
duration of periods when monitoring data were not collected shall be 
specified.

[[Page 354]]

    (iii) Paragraphs (c)(2)(i) through (c)(2)(iii) of this section shall 
govern the use of monitoring data to determine compliance for Group 1 
and Group 2 points included in emissions averages. For storage vessels 
to which the provisions of paragraphs (c)(2)(i) through (c)(2)(iii) of 
this section do not apply (as specified in paragraph (c)(2)(iv) of this 
section), the owner or operator is required to comply with the 
provisions of the applicable monitoring plan, and monitoring records may 
be used to determine compliance.
    (iv) Every fourth quarterly report shall include the following:
    (A) A demonstration that annual credits are greater than or equal to 
annual debits as required by Sec. 63.150(e)(3) of this subpart; and
    (B) A certification of compliance with all the emissions averaging 
provisions in Sec. 63.150 of this subpart.
    (6) The owner or operator of a source shall submit reports quarterly 
for particular emission points not included in an emissions average 
under the circumstances described in paragraphs (c)(6)(i) through 
(c)(6)(v) of this section.
    (i) The owner or operator of a source subject to this subpart shall 
submit quarterly reports for a period of one year for an emission point 
that is not included in an emissions average if:
    (A) The emission point has more excursions, as defined in paragraph 
(c)(2)(ii) of this section, than the number of excused excursions 
allowed under paragraph (c)(2)(ii)(B) of this section for a semiannual 
reporting period; and
    (B) The Administrator requests the owner or operator to submit 
quarterly reports for the emission point.
    (ii) The quarterly reports shall include all information in 
paragraphs (c)(2), (c)(3), and (c)(4) of this section applicable to the 
emission point(s) for which quarterly reporting is required under 
paragraph (c)(6)(i) of this section. Information applicable to other 
emission points within the source shall be submitted in the semiannual 
reports required under paragraph (c)(1) of this section.
    (iii) Quarterly reports shall be submitted no later than 60 calendar 
days after the end of each quarter.
    (iv) After quarterly reports have been submitted for an emission 
point for one year, the owner or operator may return to semiannual 
reporting for the emission point unless the Administrator requests the 
owner or operator to continue to submit quarterly reports.
    (v) Paragraphs (c)(2)(i) through (c)(2)(iii) of this section shall 
govern the use of monitoring data to determine compliance for Group 1 
emission points. For storage vessels to which the provisions of 
paragraphs (c)(2)(i) through (c)(2)(iii) of this section do not apply 
(as specified in paragraph (c)(2)(iv) of this section), the owner or 
operator is required to comply with the provisions of the applicable 
monitoring plan, and monitoring records may be used to determine 
compliance.
    (d) Other reports shall be submitted as specified in subpart A of 
this part or in Sec. Sec. 63.113 through 63.151 of this subpart. These 
reports are:
    (1) Reports of start-up, shutdown, and malfunction required by Sec. 
63.10(d)(5) of subpart A. The start-up, shutdown and malfunction reports 
may be submitted on the same schedule as the Periodic Reports required 
under paragraph (c) of this section instead of the schedule specified in 
Sec. 63.10(d)(5) of subpart A.
    (2) For storage vessels, the notifications of inspections required 
by Sec. 63.122 (h)(1) and (h)(2) of this subpart.
    (3) For owners or operators of sources required to request approval 
for a nominal control efficiency for use in calculating credits for an 
emissions average, the information specified in Sec. 63.150(i) of this 
subpart.
    (4) If an owner or operator transfers for disposal a gas stream that 
has the characteristics specified in Sec. 63.107(b) through (h) or 
meets the criteria specified in Sec. 63.107(i) to an off-site location 
or an on-site location not owned or operated by the owner or operator of 
the source and the vent stream was not included in the information 
submitted with the Notification of Compliance Status or a previous 
periodic report, the owner or operator shall submit a supplemental 
report. The supplemental report shall be submitted no later than July 
23, 2001 or with the next periodic report, whichever is later. The 
report shall provide the information listed in

[[Page 355]]

paragraphs (d)(4)(i) through (iv) of this section.
    (i) The chemical manufacturing process unit(s) that is the origin of 
all or part of the vent stream that exits the process vent.
    (ii) The type(s) of unit operations (i.e., an air oxidation reactor, 
distillation unit, or reactor) that creates the vent stream that exits 
the process vent.
    (iii) For a Group 2 process vent, the last recovery device, if any.
    (iv) For a Group 1 process vent, the identity of the transferee.
    (e) An owner or operator subject to this subpart shall submit the 
information specified in paragraphs (e)(1) through (e)(4) of this 
section with the operating permit application or as otherwise specified 
by the permitting authority. The owner or operator shall submit written 
updates as amendments to the operating permit application on the 
schedule and under the circumstances described in Sec. 63.151(j) of 
this subpart. Notwithstanding, if the owner or operator has an operating 
permit under 40 CFR part 70 or 71, the owner or operator shall follow 
the schedule and format required by the permitting authority.
    (1) The information specified in Sec. 63.151 (f) or (g) of this 
subpart for any emission points for which the owner or operator requests 
approval to monitor a unique parameter or use an alternative monitoring 
and recording system, and
    (2) The information specified in Sec. 63.151(d) of this subpart for 
points included in an emissions average.
    (3) The information specified in Sec. 63.151(e) of this subpart for 
points not included in an emissions average.
    (4) The information specified in Sec. 63.151(h) as applicable.
    (f) Owners or operators required to keep continuous records by 
Sec. Sec. 63.118, 63.130, 63.147, 63.150, or other sections of this 
subpart shall keep records as specified in paragraphs (f)(1) through 
(f)(7) of this section, unless an alternative recordkeeping system has 
been requested and approved under Sec. 63.151(f) or (g) or Sec. 
63.152(e) or under Sec. 63.8(f) of subpart A of this part, and except 
as provided in paragraph (c)(2)(ii)(C) of this section or in paragraph 
(g) of this section. If a monitoring plan for storage vessels pursuant 
to Sec. 63.120(d)(2)(i) requires continuous records, the monitoring 
plan shall specify which provisions, if any, of paragraphs (f)(1) 
through (f)(7) of this section apply.
    (1) The monitoring system shall measure data values at least once 
every 15 minutes.
    (2) The owner or operator shall record either:
    (i) Each measured data value; or
    (ii) Block average values for 15-minute or shorter periods 
calculated from all measured data values during each period or at least 
one measured data value per minute if measured more frequently than once 
per minute.
    (3) If the daily average value of a monitored parameter for a given 
operating day is within the range established in the Notification of 
Compliance Status or operating permit, the owner or operator shall 
either:
    (i) Retain block hourly average values for that operating day for 5 
years and discard, at or after the end of that operating day, the 15-
minute or more frequent average values and readings recorded under 
paragraph (f)(2) of this section; or
    (ii) Retain the data recorded in paragraph (f)(2) of this section 
for 5 years.
    (4) If the daily average value of a monitored parameter for a given 
operating day is outside the range established in the Notification of 
Compliance Status or operating permit, the owner or operator shall 
retain the data recorded that operating day under paragraph (f)(2) of 
this section for 5 years.
    (5) Daily average values of each continuously monitored parameter 
shall be calculated for each operating day, and retained for 5 years, 
except as specified in paragraphs (f)(6) and (f)(7) of this section.
    (i) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day. The 
average shall cover a 24-hour period if operation is continuous, or the 
number of hours of operation per operating day if operation is not 
continuous.
    (ii) The operating day shall be the period defined in the operating 
permit or the Notification of Compliance Status.

[[Page 356]]

It may be from midnight to midnight or another daily period.
    (6) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status or operating permit, the owner or operator may record 
that all values were within the range and retain this record for 5 years 
rather than calculating and recording a daily average for that operating 
day. For these operating days, the records required in paragraph (f)(3) 
of this section shall also be retained for 5 years.
    (7) Monitoring data recorded during periods identified in paragraphs 
(f)(7)(i) through (f)(7)(v) of this section shall not be included in any 
average computed under this subpart. Records shall be kept of the times 
and durations of all such periods and any other periods during process 
or control device operation when monitors are not operating.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (ii) Start-ups;
    (iii) Shutdowns;
    (iv) Malfunctions;
    (v) Periods of non-operation of the chemical manufacturing process 
unit (or portion thereof), resulting in cessation of the emissions to 
which the monitoring applies.
    (g) For any parameter with respect to any item of equipment, the 
owner or operator may implement the recordkeeping requirements in 
paragraph (g)(1) or (g)(2) of this section as alternatives to the 
continuous operating parameter monitoring and recordkeeping provisions 
listed in Sec. Sec. 63.114, 63.117, and 63.118 for process vents, 
Sec. Sec. 63.127, 63.129, and 63.130 for transfer operations, 
Sec. Sec. 63.143, 63.146, and 63.147 for wastewater, and/or Sec. 
63.152(f), except that Sec. 63.152(f)(7) shall apply. The owner or 
operator shall retain each record required by paragraph (g)(1) or (g)(2) 
of this section as provided in Sec. 63.103(c) of subpart F of this 
part, except as provided otherwise in paragraph (g)(1) or (g)(2) of this 
section.
    (1) The owner or operator may retain only the daily average value, 
and is not required to retain more frequent monitored operating 
parameter values, for a monitored parameter with respect to an item of 
equipment, if the requirements of paragraphs (g)(1)(i) through 
(g)(1)(vi) of this section are met. An owner or operator electing to 
comply with the requirements of paragraph (g)(1) of this section shall 
notify the Administrator in the Notification of Compliance Status or, if 
the Notification of Compliance Status has already been submitted, in the 
periodic report immediately preceding implementation of the requirements 
of paragraph (g)(1) of this section.
    (i) The monitoring system is capable of detecting unrealistic or 
impossible data during periods of operation other than startups, 
shutdowns, or malfunctions (e.g., a temperature reading of -200 [deg]C 
on a boiler), and will alert the operator by alarm or other means. The 
owner or operator shall record the occurrence. All instances of the 
alarm or other alert in an operating day constitute a single occurrence.
    (ii) The monitoring system generates, updated at least hourly 
throughout each operating day, a running average of the monitoring 
values that have been obtained during that operating day, and the 
capability to observe this average is readily available to the 
Administrator on-site during the operating day. The owner or operator 
shall record the occurrence of any period meeting the criteria in 
paragraphs (g)(1)(ii)(A) through (g)(1)(iii)(C) of this section. All 
instances in an operating day constitute a single occurrence.
    (A) The running average is above the maximum or below the minimum 
established limits;
    (B) The running average is based on at least 6 1-hour average 
values; and
    (C) The running average reflects a period of operation other than a 
startup, shutdown, or malfunction.
    (iii) The monitoring system is capable of detecting unchanging data 
during periods of operation other than startups, shutdowns, or 
malfunctions, except in circumstances where the presence of unchanging 
data is the expected operating condition based on past experience (e.g., 
pH in some scrubbers), and will alert the operator by alarm or other 
means. The owner or operator shall record the occurrence. All instances 
of the alarm or other

[[Page 357]]

alert in an operating day constitute a single occurrence.
    (iv) The monitoring system will alert the owner or operator by an 
alarm or other means, if the running average parameter value calculated 
under paragraph (g)(1)(ii) of this section reaches a set point that is 
appropriately related to the established limit for the parameter that is 
being monitored.
    (v) The owner or operator shall verify the proper functioning of the 
monitoring system, including its ability to comply with the requirements 
of paragraph (g)(1) of this section, at the times specified in 
paragraphs (g)(1)(v)(A) through (g)(1)(v)(C) of this section. The owner 
or operator shall document that the required verifications occurred.
    (A) Upon initial installation.
    (B) Annually after initial installation.
    (C) After any change to the programming or equipment constituting 
the monitoring system, which might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (vi) The owner or operator shall retain the records identified in 
paragraphs (g)(1)(vi) (A) through (C) of this section.
    (A) Identification of each parameter, for each item of equipment, 
for which the owner or operator has elected to comply with the 
requirements of paragraph (g) of this section.
    (B) A description of the applicable monitoring system(s), and of how 
compliance will be achieved with each requirement of paragraph (g)(1)(i) 
through (g)(1)(v) of this section. The description shall identify the 
location and format (e.g., on-line storage; log entries) for each 
required record. If the description changes, the owner or operator shall 
retain both the current and the most recent superseded description. The 
description, and the most recent superseded description, shall be 
retained as provided in Sec. 63.103(c) of subpart F of this part, 
except as provided in paragraph (g)(1)(vi)(D) of this section.
    (C) A description, and the date, of any change to the monitoring 
system that would reasonably be expected to affect its ability to comply 
with the requirements of paragraph (g)(1) of this section.
    (D) Owners and operators subject to paragraph (g)(1)(vi)(B) of this 
section shall retain the current description of the monitoring system as 
long as the description is current, but not less than 5 years from the 
date of its creation. The current description shall, at all times, be 
retained on-site or be accessible from a central location by computer or 
other means that provides access within 2 hours after a request. The 
owner or operator shall retain the most recent superseded description at 
least until 5 years from the date of its creation. The superseded 
description shall be retained on-site (or accessible from a central 
location by computer that provides access within 2 hours after a 
request) at least 6 months after its creation. Thereafter, the 
superseded description may be stored off-site.
    (2) If an owner or operator has elected to implement the 
requirements of paragraph (g)(1) of this section, and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (g)(2)(iv) of this section, the owner or operator is no longer 
required to record the daily average value for that parameter for that 
unit of equipment, for any operating day when the daily average value is 
less than the maximum, or greater than the minimum established limit. 
With approval by the Administrator, monitoring data generated prior to 
the compliance date of this subpart shall be credited toward the period 
of 6 consecutive months, if the parameter limit and the monitoring was 
required and/or approved by the Administrator.
    (i) If the owner or operator elects not to retain the daily average 
values, the owner or operator shall notify the Administrator in the next 
periodic report. The notification shall identify the parameter and unit 
of equipment.
    (ii) If, on any operating day after the owner or operator has ceased 
recording daily averages as provided in paragraph (g)(2) of this 
section, there is an excursion as defined in paragraph (g)(2)(iv) of 
this section, the owner or operator shall immediately resume retaining 
the daily average value for each day, and shall notify the Administrator 
in the next periodic report. The owner or

[[Page 358]]

operator shall continue to retain each daily average value until another 
period of 6 consecutive months has passed without an excursion as 
defined in paragraph (g)(2)(iv) of this section.
    (iii) The owner or operator shall retain the records specified in 
paragraphs (g)(1) (i), (ii), (iii), (iv), (v), and (vi) of this section. 
For any calendar week, if compliance with paragraphs (g)(1) (i), (ii), 
(iii), and (iv) of this section does not result in retention of a record 
of at least one occurrence or measured parameter value, the owner or 
operator shall record and retain at least one parameter value during a 
period of operation other than a startup, shutdown, or malfunction.
    (iv) For purposes of paragraph (g) of this section, an excursion 
means that the daily average value of monitoring data for a parameter is 
greater than the maximum, or less than the minimum established value, 
except as provided in paragraphs (g)(2)(iv)(A) and (g)(2)(iv)(B) of this 
section.
    (A) The daily average value during any startup, shutdown, or 
malfunction shall not be considered an excursion for purposes of this 
paragraph (g)(2), if the owner or operator operates the source during 
such periods in accordance with Sec. 63.102(a)(4).
    (B) An excused excursion, as described in Sec. 63.152(c)(2)(ii) (B) 
and (C), shall not be considered an excursion for purposes of this 
paragraph (g)(2).

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63629, Dec. 12, 1995; 
61 FR 64577, Dec. 5, 1996; 62 FR 2776, Jan. 17, 1997; 64 FR 20195, Apr. 
26, 1999; 66 FR 6934, Jan. 22, 2001; 71 FR 20456, Apr. 20, 2006]



Sec. 63.153  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.110, 63.112 through 63.113, 63.119, 63.126, 63.132 through 63.140, 
63.148 through 63.149, and 63.150(i)(1) through (4). Follow the 
requirements in Sec. 63.121 to request permission to use an alternative 
means of emission limitation for storage vessels. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart. Where 
these standards reference another subpart and modify the requirements, 
the requirements shall be modified as described in this subpart. 
Delegation of the modified requirements will also occur according to the 
delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37344, June 23, 2003]

[[Page 359]]



 Sec. Table 1 to Subpart G of Part 63--Process Vents--Coefficients for 

  Total Resource Effectiveness for Existing Source Nonhalogenated and 

                        Halogenated Vent Streams

----------------------------------------------------------------------------------------------------------------
                                                                        Values of Coefficients
         Type of Stream            Control Device   ------------------------------------------------------------
                                        Basis           a            b                 c                d
----------------------------------------------------------------------------------------------------------------
Nonhalogenated.................  Flare.............   1.935  3.660x10-1        -7.687x10-3       -7.333x10-4
                                 Thermal              1.492  6.267x10-2        3.177x10-2        -1.159x10-3
                                  Incinerator 0
                                  Percent Heat
                                  Recovery.
                                 Thermal              2.519  1.183x10-2        1.300x10-2        4.790x10-2
                                  Incinerator 70
                                  Percent Heat
                                  Recovery.
Halogenated....................  Thermal              3.995  5.200x10-2        -1.769x10-3       9.700x10-4
                                  Incinerator and
                                  Scrubber.
----------------------------------------------------------------------------------------------------------------



Sec. Table 1A to Subpart G of Part 63--Applicable 40 CFR Part 63 General 

                               Provisions

------------------------------------------------------------------------
      40 CFR part 63, subpart A, provisions applicable to subpart G
-------------------------------------------------------------------------
Sec.  63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)
Sec.  63.2
Sec.  63.5(a)(1), (a)(2), (b), (d)(1)(ii), (d)(3)(i), (d)(3)(iii)
 through (d)(3)(vi), (d)(4), (e), (f)(1), and (f)(2)
Sec.  63.6(a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5)
 through (i)(14), (i)(16) and (j)
Sec.  63.9(a)(2), (b)(4)(i)\a\, (b)(4)(ii), (b)(4)(iii), (b)(5)\a\,
 (c), (d)
Sec.  63.10(d)(4)
Sec.  63.11 (c), (d), and (e)
Sec.  63.12(b)
------------------------------------------------------------------------
\a\ The notifications specified in Sec.  63.9(b)(4)(i) and (b)(5) shall
  be submitted at the times specified in 40 CFR part 65.


[59 FR 19468, Apr. 22, 1994, as amended at 73 FR 78213, Dec. 22, 2008]



 Sec. Table 2 to Subpart G of Part 63--Process Vents--Coefficients for 

     Total Resource Effectiveness for New Source Nonhalogenated and 

                        Halogenated Vent Streams

----------------------------------------------------------------------------------------------------------------
                                                                        Values of Coefficients
         Type of stream            Control device   ------------------------------------------------------------
                                        basis           a             b                c                d
----------------------------------------------------------------------------------------------------------------
Nonhalogenated.................  Flare.............   0.5276  0.0998            -2.096x10-3      -2.000x10-4
                                 Thermal              0.4068  0.0171            8.664x10-3       -3.162x10-4
                                  Incinerator 0
                                  Percent Heat
                                  Recovery.
                                 Thermal              0.6868  3.209x10-3        3.546x10-3       1.306x10-2
                                  Incinerator 70
                                  Percent Heat
                                  Recovery.
Halogenated....................  Thermal              1.0895  1.417x10-2        -4.822x10-4      2.645x10-4
                                  Incinerator and
                                  Scrubber.
----------------------------------------------------------------------------------------------------------------



    Sec. Table 3 to Subpart G of Part 63--Process Vents--Monitoring, 

 Recordkeeping, and Reporting Requirements for Complying With 98 Weight-

Percent Reduction of Total Organic Hazardous Air Pollutants Emissions or 

                a Limit of 20 Parts Per Million by Volume

----------------------------------------------------------------------------------------------------------------
                                           Parameters to be monitored   Recordkeeping and reporting requirements
             Control device                           \a\                       for monitored parameters
----------------------------------------------------------------------------------------------------------------
Thermal incinerator.....................  Firebox temperature \b\      1. Continuous records. \c\
                                           [63.114(a)(1)(i)].          2. Record and report the firebox
                                                                        temperature averaged over the full
                                                                        period of the performance test--NCS. \d\
                                                                       3. Record the daily average firebox
                                                                        temperature for each operating day. \e\
                                                                       4. Report all daily average temperatures
                                                                        that are outside the range established
                                                                        in the NCS or operating permit and all
                                                                        operating days when insufficient
                                                                        monitoring data are collected \f\--PR.
                                                                        \g\

[[Page 360]]

 
Catalytic incinerator...................  Temperature upstream and     1. Continuous records.
                                           downstream of the catalyst  2. Record and report the upstream and
                                           bed [63.114(a)(1)(ii)].      downstream temperatures and the
                                                                        temperature difference across the
                                                                        catalyst bed averaged over the full
                                                                        period of the performance test--NCS.
                                                                       3. Record the daily average upstream
                                                                        temperature and temperature difference
                                                                        across the catalyst bed for each
                                                                        operating day. \e\
                                                                       4. Report all daily average upstream
                                                                        temperatures that are outside the range
                                                                        established in the NCS or operating
                                                                        permit--PR.
                                                                       5. Report all daily average temperature
                                                                        differences across the catalyst bed that
                                                                        are outside the range established in the
                                                                        NCS or operating permit--PR.
                                                                       6. Report all operating days when
                                                                        insufficient monitoring data are
                                                                        collected. \f\
Boiler or process heater with a design    Firebox temperature \b\      1. Continuous records.
 heat input capacity less than 44          [63.114(a)(3)].             2. Record and report the firebox
 megawatts and vent stream is not                                       temperature averaged over the full
 introduced with or as the primary fuel.                                period of the performance test--NCS.
                                                                       3. Record the daily average firebox
                                                                        temperature for each operating day. \e\
                                                                       4. Report all daily average firebox
                                                                        temperatures that are outside the range
                                                                        established in the NCS or operating
                                                                        permit and all operating days when
                                                                        insufficient monitoring data are
                                                                        collected \f\--PR.
Flare...................................  Presence of a flame at the   1. Hourly records of whether the monitor
                                           pilot light [63.114(a)(2)].  was continuously operating and whether
                                                                        the pilot flame was continuously present
                                                                        during each hour.
                                                                       2. Record and report the presence of a
                                                                        flame at the pilot light over the full
                                                                        period of the compliance determination--
                                                                        NCS.
                                                                       3. Record the times and durations of all
                                                                        periods when all pilot flames are absent
                                                                        or the monitor is not operating.
                                                                       4. Report the times and durations of all
                                                                        periods when all pilot flames of a flare
                                                                        are absent--PR.
Recapture devices.......................  The appropriate monitoring   1. The recordkeeping and reporting
                                           device identified in table   requirements for monitored parameters
                                           4 when, in the table, the    identified for the appropriate
                                           term ``recapture'' is        monitoring device in table 4 of this
                                           substituted for              subpart.
                                           ``recovery.''
                                           [63.114(a)(5)].
Scrubber for halogenated vent streams     pH of scrubber effluent      1. Continuous records.
 (Note: Controlled by a combustion         [63.114(a)(4)(i)], and.     2. Record and report the pH of the
 device other than a flare).                                            scrubber effluent averaged over the full
                                                                        period of the performance test--NCS.
                                                                       3. Record the daily average pH of the
                                                                        scrubber effluent for each operating
                                                                        day. \e\
                                                                       4. Report all daily average pH values of
                                                                        the scrubber effluent that are outside
                                                                        the range established in the NCS or
                                                                        operating permit and all operating days
                                                                        when insufficient monitoring data are
                                                                        collected \f\--PR.
Scrubber for halogenated vent streams     Scrubber liquid and gas      1. Continuous records of scrubber liquid
 (Note: Controlled by a combustion         flow rates                   flow rate.
 device other than a flare) (Continued).   [63.114(a)(4)(ii)].         2. Record and report the scrubber liquid/
                                                                        gas ratio averaged over the full period
                                                                        of the performance test--NCS.
                                                                       3. Record the daily average scrubber
                                                                        liquid/gas ratio for each operating day.
                                                                        \e\
                                                                       4. Report all daily average scrubber
                                                                        liquid/gas ratios that are outside the
                                                                        range established in the NCS or
                                                                        operating permit and all operating days
                                                                        when insufficient monitoring data are
                                                                        collected \f\--PR.
All control devices.....................  Presence of flow diverted    1. Hourly records of whether the flow
                                           to the atmosphere from the   indicator was operating and whether
                                           control device               diversion was detected at any time
                                           [63.114(d)(1)] or.           during each hour.
                                                                       2. Record and report the times and
                                                                        durations of all periods when the vent
                                                                        stream is diverted through a bypass line
                                                                        or the monitor is not operating--PR.
                                          Monthly inspections of       1. Records that monthly inspections were
                                           sealed valves                performed.
                                           [63.114(d)(2)].             2. Record and report all monthly
                                                                        inspections that show the valves are
                                                                        moved to the diverting position or the
                                                                        seal has been changed--PR.
----------------------------------------------------------------------------------------------------------------
\a\ Regulatory citations are listed in brackets.
\b\ Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any
  substantial heat exchange is encountered.
\c\``Continuous records'' is defined in Sec.  63.111 of this subpart.
\d\ NCS=Notification of Compliance Status described in Sec.  63.152 of this subpart.

[[Page 361]]

 
\e\ The daily average is the average of all recorded parameter values for the operating day. If all recorded
  values during an operating day are within the range established in the NCS or operating permit, a statement to
  this effect can be recorded instead of the daily average.
\f\ The periodic reports shall include the duration of periods when monitoring data is not collected for each
  excursion as defined in Sec.  63.152(c)(2)(ii)(A) of this subpart.
\g\ PR=Periodic Reports described in Sec.  63.152 of this subpart.



    Sec. Table 4 to Subpart G of Part 63--Process Vents--Monitoring, 

 Recordkeeping, and Reporting Requirements For Maintaining a TRE Index 

                     Value 1.0 and. <=4.0

----------------------------------------------------------------------------------------------------------------
                                           Parameters to be monitored   Recordkeeping and reporting requirements
          Final recovery device                       \a\                       for monitored parameters
----------------------------------------------------------------------------------------------------------------
Absorber \b\............................  Exit temperature of the      1. Continuous records \c\.
                                           absorbing liquid            2. Record and report the exit temperature
                                           [63.114(b)(1)], and.         of the absorbing liquid averaged over
                                                                        the full period of the TRE
                                                                        determination--NCS \d\.
                                                                       3. Record the daily average exit
                                                                        temperature of the absorbing liquid for
                                                                        each operating day \e\.
                                                                       4. Report all the daily average exit
                                                                        temperatures of the absorbing liquid
                                                                        that are outside the range established
                                                                        in the NCS or operating permit--PR \f\.
                                          Exit specific gravity        1. Continuous records.
                                           [63.114(b)(1)].             2. Record and report the exit specific
                                                                        gravity averaged over the full period of
                                                                        the TRE determination--NCS.
                                                                       3. Record the daily average exit specific
                                                                        gravity for each operating day \e\.
                                                                       4. Report all daily average exit specific
                                                                        gravity values that are outside the
                                                                        range established in the NCS or
                                                                        operating permit--PR.
Condenser \d\...........................  Exit (product side)          1. Continuous records.
                                           temperature [63.114(b)(2)]. 2. Record and report the exit temperature
                                                                        averaged over the full period of the TRE
                                                                        determination--NCS.
                                                                       3. Record the daily average exit
                                                                        temperature for each operating day \e\.
                                                                       4. Report all daily average exit
                                                                        temperatures that are outside the range
                                                                        established in the NCS or operating
                                                                        permit--PR.
Carbon adsorber \d\.....................  Total regeneration stream    1. Record of total regeneration stream
                                           mass or volumetric flow      mass or volumetric flow for each carbon
                                           during carbon bed            bed regeneration cycle.
                                           regeneration cycle(s)       2. Record and report the total
                                           [63.114(b)(3)], and.         regeneration stream mass or volumetric
                                                                        flow during each carbon bed regeneration
                                                                        cycle during the period of the TRE
                                                                        determination--NCS.
                                                                       3. Report all carbon bed regeneration
                                                                        cycles when the total regeneration
                                                                        stream mass or volumetric flow is
                                                                        outside the range established in the NCS
                                                                        or operating permit--PR.
                                          Temperature of the carbon    1. Records of the temperature of the
                                           bed after regeneration       carbon bed after each regeneration.
                                           [and within 15 minutes of   2. Record and report the temperature of
                                           completing any cooling       the carbon bed after each regeneration
                                           cycle(s)] [63.114(b)(3)].    during the period of the TRE
                                                                        determination--NCS.
                                                                       3. Report all carbon bed regeneration
                                                                        cycles during which temperature of the
                                                                        carbon bed after regeneration is outside
                                                                        the range established in the NCS or
                                                                        operating permit--PR.
All recovery devices (as an alternative   Concentration level or       1. Continuous records.
 to the above).                            reading indicated by an     2. Record and report the concentration
                                           organic monitoring device    level or reading averaged over the full
                                           at the outlet of the         period of the TRE determination--NCS.
                                           recovery device [63.114
                                           (b)].
                                                                       3. Record the daily average concentration
                                                                        level or reading for each operating day
                                                                        \e\.
                                                                       4. Report all daily average concentration
                                                                        levels or readings that are outside the
                                                                        range established in the NCS or
                                                                        operating permit--PR.
----------------------------------------------------------------------------------------------------------------
\a\Regulatory citations are listed in brackets.
\b\ Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of
  this table under ``All Recovery Devices.''
\c\ ``Continuous records'' is defined in Sec.  63.111 of this subpart.
\d\ NCS = Notification of Compliance Status described in Sec.  63.152 of this subpart.
\e\ The daily average is the average of all values recorded during the operating day. If all recorded values
  during an operating day are within the range established in the NCS or operating permit, a statement to this
  effect can be recorded instead of the daily average.
\f\ PR= Periodic Reports described in Sec.  63.152 of this subpart.


[[Page 362]]



    Sec. Table 5 to Subpart G of Part 63--Group 1 Storage Vessels at 

                            Existing Sources

------------------------------------------------------------------------
    Vessel capacity (cubic meters)      Vapor Pressure \1\ (kilopascals)
------------------------------------------------------------------------
75 <= capacity <151...................  =13.1
151 <= capacity.......................  =5.2
------------------------------------------------------------------------
\1\ Maximum true vapor pressure of total organic HAP at storage
  temperature.



  Sec. Table 6 to Subpart G of Part 63--Group 1 Storage Vessels at New 

                                 Sources

------------------------------------------------------------------------
                                                 Vapor pressure \a\
      Vessel capacity (cubic meters)               (kilopascals)
------------------------------------------------------------------------
38 <= capacity<151.......................  =13.1
151 <= capacity..........................  =0.7
------------------------------------------------------------------------
\a\ Maximum true vapor pressure of total organic HAP at storage
  temperature.



 Sec. Table 7 to Subpart G of Part 63--Transfer Operations--Monitoring, 

 Recordkeeping, and Reporting Requirements for Complying With 98 Weight-

Percent Reduction of Total Organic Hazardous Air Pollutants Emissions or 

                a Limit of 20 Parts Per Million by Volume

----------------------------------------------------------------------------------------------------------------
                                           Parameters to be monitored   Recordkeeping and reporting requirements
             Control device                           \a\                       for monitored parameters
----------------------------------------------------------------------------------------------------------------
Thermal incinerator.....................  Firebox temperature \b\      1. Continuous records \c\ during loading.
                                           [63.127(a)(1)(i)].          2. Record and report the firebox
                                                                        temperature averaged over the full
                                                                        period of the performance test--NCS. \d\
                                                                       3. Record the daily average firebox
                                                                        temperature for each operating day \e\
                                                                       4. Report daily average temperatures that
                                                                        are outside the range established in the
                                                                        NCS or operating permit and all
                                                                        operating days when insufficient
                                                                        monitoring data are collected \f\--PR\g\
Catalytic incinerator...................  Temperature upstream and     1. Continuous records during loading.
                                           downstream of the catalyst  2. Record and report the upstream and
                                           bed [63.127(a)(1)(ii)].      downstream temperatures and the
                                                                        temperature difference across the
                                                                        catalyst bed averaged over the full
                                                                        period of the performance test--NCS.
                                                                       3. Record the daily average upstream
                                                                        temperature and temperature difference
                                                                        across catalyst bed for each operating
                                                                        day. \e\
                                                                       4. Report all daily average upstream
                                                                        temperatures that are outside the range
                                                                        established in the NCS or operating
                                                                        permit--PR.
                                                                       5. Report all daily average temperature
                                                                        differences across the catalyst bed that
                                                                        are outside the range established in the
                                                                        NCS or operating permit--PR.
                                                                       6. Report all operating days when
                                                                        insufficient monitoring data are
                                                                        collected. \f\
Boiler or process heater with a design    Firebox temperature \b\      1. Continuous records during loading.
 heat input capacity less than 44          [63.127(a)(3)].             2. Record and report the firebox
 megawatts and vent stream is not                                       temperature averaged over the full
 introduced with or as the primary fuel.                                period of the performance test--NCS.
                                                                       3. Record the daily average firebox
                                                                        temperature for each operating day. \e\
                                                                       4. Report all daily average firebox
                                                                        temperatures that are outside the range
                                                                        established in the NCS or operating
                                                                        permit and all operating days when
                                                                        insufficient data are collectedf--PR.
Flare...................................  Presence of a flame at the   1. Hourly records of whether the monitor
                                           pilot light [63.127(a)(2)].  was continuously operating and whether
                                                                        the pilot flame was continuously present
                                                                        during each hour.
                                                                       2. Record and report the presence of a
                                                                        flame at the pilot light over the full
                                                                        period of the compliance determination--
                                                                        NCS.
                                                                       3. Record the times and durations of all
                                                                        periods when all pilot flames are absent
                                                                        or the monitor is not operating.
                                                                       4. Report the duration of all periods
                                                                        when all pilot flames of a flare are
                                                                        absent--PR.

[[Page 363]]

 
Scrubber for halogenated vent streams     pH of scrubber effluent      1. Continuous records during loading.
 (Note: Controlled by a combustion         [63.127(a)(4)(i)], and.     2. Record and report the pH of the
 device other than a flare).                                            scrubber effluent averaged over the full
                                                                        period of the performance test--NCS.
                                                                       3. Record the daily average pH of the
                                                                        scrubber effluent for each operating
                                                                        day. \e\
                                                                       4. Report all daily average pH values of
                                                                        the scrubber effluent that are outside
                                                                        the range established in the NCS or
                                                                        operating permit and all operating days
                                                                        when insufficient monitoring data are
                                                                        collected \f\--PR.
                                          Scrubber liquid and gas      1. Continuous records during loading of
                                           flow rates                   scrubber liquid flow rate.
                                           [63.127(a)(4)(ii)].         2. Record and report the scrubber liquid/
                                                                        gas ratio averaged over the full period
                                                                        of the performance test--NCS.
                                                                       3. Record the daily average scrubber
                                                                        liquid/gas ratio for each operating day.
                                                                        \e\
                                                                       4. Report all daily average scrubber
                                                                        liquid/gas ratios that are outside the
                                                                        range established in the NCS or
                                                                        operating permit and all operating days
                                                                        when insufficient monitoring data are
                                                                        collected \f\--PR.
Absorber \h\............................  Exit temperature of the      1. Continuous records during loading.
                                           absorbing liquid            2. Record and report the exit temperature
                                           [63.127(b)(1)], and.         of the absorbing liquid averaged over
                                                                        the full period of the performance test--
                                                                        NCS.
                                                                       3. Record the daily average exit
                                                                        temperature of the absorbing liquid for
                                                                        each operating day. \e\
                                                                       4. Report all daily average exit
                                                                        temperatures of the absorbing liquid
                                                                        that are outside the range established
                                                                        in the NCS or operating permit and all
                                                                        operating days when insufficient
                                                                        monitoring data are collected \f\--PR.
                                          Exit specific gravity        1. Continuous records during loading.
                                           [63.127(b)(1)].             2. Record and report the exit specific
                                                                        gravity averaged over the full period of
                                                                        the performance test--NCS.
                                                                       3. Record the daily average exit specific
                                                                        gravity for each operating day. \e\
                                                                       4. Report all daily average exit specific
                                                                        gravity values that are outside the
                                                                        range established in the NCS or
                                                                        operating permit and all operating days
                                                                        when insufficient monitoring data are
                                                                        collected \f\--PR.
Condenser \h\...........................  Exit (product side)          1. Continuous records during loading.
                                           temperature [63.127(b)(2)]. 2. Record and report the exit temperature
                                                                        averaged over the full period of the
                                                                        performance test--NCS.
                                                                       3. Record the daily average exit
                                                                        temperature for each operating day. \e\
                                                                       4. Report all daily average exit
                                                                        temperatures that are outside the range
                                                                        established in the NCS or operating
                                                                        permit and all operating days when
                                                                        insufficient monitoring data are
                                                                        collected \f\--PR.
Carbon adsorber \h\.....................  Total regeneration stream    1. Record of total regeneration stream
                                           mass or volumetric or        mass or volumetric flow for each carbon
                                           volumetric flow during       bed regeneration cycle.
                                           carbon bed regeneration     2. Record and report the total
                                           cycle(s) [63.127(b)(3)],     regeneration stream mass or volumetric
                                           and.                         flow during each carbon bed regeneration
                                                                        cycle during the period of the
                                                                        performance test--NCS.
                                                                       3. Report all carbon bed regeneration
                                                                        cycles when the total regeneration
                                                                        stream mass or volumetric flow is
                                                                        outside the range established in the NCS
                                                                        or operating permit and all operating
                                                                        days when insufficient monitoring data
                                                                        are collected \f\--PR.
                                          Temperature of the carbon    1. Records of the temperature of the
                                           bed after regeneration       carbon bed after each regeneration.
                                           [and within 15 minutes of   2. Record and report the temperature of
                                           completing any cooling       the carbon bed after each regeneration
                                           cycle(s)] [63.127(b)(3)].    during the period of the performance
                                                                        test--NCS.
                                                                       3. Report all the carbon bed regeneration
                                                                        cycles during which the temperature of
                                                                        the carbon bed after regeneration is
                                                                        outside the range established in the NCS
                                                                        or operating permit and all operating
                                                                        days when insufficient monitoring data
                                                                        are collected \f\--PR.
All recovery devices (as an alternative   Concentration level or       1. Continuous records during loading.
 to the above).                            reading indicated by an     2. Record and report the concentration
                                           organic monitoring device    level or reading averaged over the full
                                           at the outlet of the         period of the performance test--NCS.
                                           recovery device
                                           [63.127(b)].
                                                                       3. Record the daily average concentration
                                                                        level or reading for each operating day.
                                                                        \d\

[[Page 364]]

 
                                                                       4. Report all daily average concentration
                                                                        levels or readings that are outside the
                                                                        range established in the NCS or
                                                                        operating permit and all operating days
                                                                        when insufficient monitoring data are
                                                                        collected \f\--PR.
All control devices and vapor balancing   Presence of flow diverted    1. Hourly records of whether the flow
 systems.                                  to the atmosphere from the   indicator was operating and whether a
                                           control device               diversion was detected at any time
                                           [63.127(d)(1)] or.           during each hour.
                                                                       2. Record and report the duration of all
                                                                        periods when the vent stream is diverted
                                                                        through a bypass line or the monitor is
                                                                        not operating--PR.
                                          Monthly inspections of       1. Records that monthly inspections were
                                           sealed valves                performed.
                                           [63.127(d)(2)].             2. Record and report all monthly
                                                                        inspections that show the valves are
                                                                        moved to the diverting position or the
                                                                        seal has been changed.
----------------------------------------------------------------------------------------------------------------
\a\ Regulatory citations are listed in brackets.
\b\ Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any
  substantial heat exchange is encountered.
\c\ ``Continuous records'' is defined in Sec.  63.111 of this subpart.
\d\ NCS = Notification of Compliance Status described in Sec.  63.152 of this subpart.
\e\ The daily average is the average of all recorded parameter values for the operating day. If all recorded
  values during an operating day are within the range established in the NCS or operating permit, a statement to
  this effect can be recorded instead of the daily average.
\f\ The periodic reports shall include the duration of periods when monitoring data are not collected for each
  excursion as defined in Sec.  63.152(c)(2)(ii)(A) of this subpart.
\g\ PR = Periodic Reports described in Sec.  63.152 of this subpart.
\h\ Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of
  this table under ``All Recovery Devices.''



   Sec. Table 8 to Subpart G of Part 63--Organic HAP's Subject to the 

         Wastewater Provisions for Process Units at New Sources

------------------------------------------------------------------------
                    Chemical name                         CAS No. \a\
------------------------------------------------------------------------
Allyl chloride......................................              107051
Benzene.............................................               71432
Butadiene (1,3-)....................................              106990
Carbon disulfide....................................               75150
Carbon tetrachloride................................               56235
Cumene..............................................               98828
Ethylbenzene........................................              100414
Ethyl chloride (Chloroethane).......................               75003
Ethylidene dichloride                                              75343
 (1,1-Dichloroethane).
Hexachlorobutadiene.................................               87683
Hexachloroethane....................................               67721
Hexane..............................................              100543
Methyl bromide (Bromomethane).......................               74839
Methyl chloride (Chloromethane).....................               74873
Phosgene............................................               75445
Tetrachloroethylene (Perchloroethylene).............              127184
Toluene.............................................              108883
Trichloroethane (1,1,1-) (Methyl chloroform)........               71556
Trichloroethylene...................................               79016
Trimethylpentane (2,2,4-)...........................              540841
Vinyl chloride (chloroethylene).....................               75014
Vinylidene chloride                                                75354
 (1,1-Dichloroethylene).
Xylene (m-).........................................              108383
Xylene (p-).........................................              106423
------------------------------------------------------------------------
\a\ CAS numbers refer to the Chemical Abstracts Service registry number
  assigned to specific compounds, isomers, or mixtures of compounds.
Note. The list of organic HAP's on table 8 is a subset of the list of
  organic HAP's on table 9 of this subpart.



   Sec. Table 9 to Subpart G of Part 63--Organic HAP's Subject to the 

Wastewater Provisions for Process Units at New and Existing Sources and 

               Corresponding Fraction Removed (Fr) Values

------------------------------------------------------------------------
                                                       CAS No.
                    Chemical name                        \a\        Fr
------------------------------------------------------------------------
Acetaldehyde........................................      75070     0.95
Acetonitrile........................................      75058     0.62
Acetophenone........................................      98862     0.72

[[Page 365]]

 
Acrolein............................................     107028     0.96
Acrylonitrile.......................................     107131     0.96
Allyl chloride......................................     107051     0.99
Benzene.............................................      71432     0.99
Benzyl chloride.....................................     100447     0.99
Biphenyl............................................      92524     0.99
Bromoform...........................................      75252     0.99
Butadiene (1,3-)....................................     106990     0.99
Carbon disulfide....................................      75150     0.99
Carbon tetrachloride................................      56235     0.99
Chlorobenzene.......................................     108907     0.99
Chloroform..........................................      67663     0.99
Chloroprene (2-Chloro-1,3-butadiene)................     126998     0.99
Cumene..............................................      98828     0.99
Dichlorobenzene (p-)................................     106467     0.99
Dichloroethane (1,2-) (Ethylene dichloride).........     107062     0.99
Dichloroethyl ether (Bis(2-chloroethyl)ether).......     111444     0.87
Dichloropropene (1,3-)..............................     542756     0.99
Diethyl sulfate.....................................      64675     0.90
Dimethyl sulfate....................................      77781     0.53
Dimethylaniline (N,N-)..............................     121697     0.99
Dimethylhydrazine (1,1-)............................      57147     0.57
Dinitrophenol (2,4-)................................      51285     0.99
Dinitrotoluene (2,4-)...............................     121142     0.38
Dioxane (1,4-) (1,4-Diethyleneoxide)................     123911     0.37
Epichlorohydrin(1-Chloro-2,3-epoxypropane)..........     106898     0.91
Ethyl acrylate......................................     140885     0.99
Ethylbenzene........................................     100414     0.99
Ethyl chloride (Chloroethane).......................      75003     0.99
Ethylene dibromide (Dibromomethane).................     106934     0.99
Ethylene glycol dimethyl ether......................     110714     0.90
Ethylene glycol monobutyl ether acetate.............     112072     0.76
Ethylene glycol monomethyl ether acetate............     110496     0.28
Ethylene oxide......................................      75218     0.98
Ethylidene dichloride (1,1-Dichloroethane)..........      75343     0.99
Hexachlorobenzene...................................     118741     0.99
Hexachlorobutadiene.................................      87683     0.99
Hexachloroethane....................................      67721     0.99
Hexane..............................................     110543     0.99
Isophorone..........................................      78591     0.60
Methanol............................................      67561     0.31
Methyl bromide (Bromomethane).......................      74839     0.99
Methyl chloride (Chloromethane).....................      74873     0.99
Methyl isobutyl ketone (Hexone).....................     108101     0.99
Methyl methacrylate.................................      80626     0.98
Methyl tert-butyl ether.............................    1634044     0.99
Methylene chloride (Dichloromethane)................      75092     0.99
Naphthalene.........................................      91203     0.99
Nitrobenzene........................................      98953     0.80
Nitropropane (2-)...................................      79469     0.98
Phosgene............................................      75445     0.99
Propionaldehyde.....................................     123386     0.99
Propylene dichloride (1,2-Dichloropropane)..........      78875     0.99
Propylene oxide.....................................      75569     0.99
Styrene.............................................     100425     0.99
Tetrachloroethane (1,1,2,2-)........................      79345     0.99
Tetrachloroethylene (Perchloroethylene).............     127184     0.99
Toluene.............................................     108883     0.99
Toluidine (o-)......................................      95534     0.44
Trichlorobenzene (1,2,4-)...........................     120821     0.99
Trichloroethane (1,1,1-) (Methyl chloroform)........      71556     0.99
Trichloroethane (1,1,2-) (Vinyl trichloride)........      79005     0.99
Trichloroethylene...................................      79016     0.99
Trichlorophenol (2,4,5-)............................      95954     0.96
Triethylamine.......................................     121448     0.99
Trimethylpentane (2,2,4-)...........................     540841     0.99
Vinyl acetate.......................................     108054     0.99
Vinyl chloride (Chloroethylene).....................      75014     0.99
Vinylidene chloride (1,1-Dichloroethylene)..........      75354     0.99
Xylene (m-).........................................     108383     0.99
Xylene (o-).........................................      95476     0.99
Xylene (p-).........................................     106423     0.99
------------------------------------------------------------------------
\a\ CAS numbers refer to the Chemical Abstracts Service registry number
  assigned to specific compounds, isomers, or mixtures of compounds.


[[Page 366]]


[59 FR 19468, Apr. 22, 1994, as amended at 71 FR 76615, Dec. 21, 2006]



 Sec. Table 10 to Subpart G of Part 63--Wastewater--Compliance Options 

                          for Wastewater Tanks

------------------------------------------------------------------------
                                 Maximum
                                   true
        Capacity (m\3\)           vapor         Control requirements
                                 pressure
                                  (kPa)
------------------------------------------------------------------------
<75...........................  .........  Sec.  63.133(a)(1)
``75 and <151.................      <13.1  Sec.  63.133(a)(1)
                                   ''13.1  Sec.  63.133(a)(2)
``151.........................       <5.2  Sec.  63.133(a)(1)
                                    ''5.2  Sec.  63.133(a)(2)
------------------------------------------------------------------------



   Sec. Table 11 to Subpart G of Part 63--Wastewater--Inspection and 

           Monitoring Requirements for Waste Management Units

----------------------------------------------------------------------------------------------------------------
                                                                       Frequency of
           To comply with              Inspection or monitoring        inspection or              Method
                                             requirement                monitoring
----------------------------------------------------------------------------------------------------------------
Tanks:
    63.133(b)(1)...................  Inspect fixed roof and all   Initially Semi-         Visual.
                                      openings for leaks.          annually.
    63.133(c)......................  Inspect floating roof in     See Sec.  63.120       Visual.
                                      accordance with Sec. Sec.  (a)(2) and (a)(3).
                                        63.120 (a)(2) and (a)(3).
    63.133(d)......................  Measure floating roof seal   ......................  See Sec.  63.120
                                      gaps in accordance with                              (b)(2)(i) through
                                      Sec. Sec.  63.120                                  (b)(4).
                                      (b)(2)(i) through (b)(4).
                                     --Primary seal gaps........  Once every 5 years
                                                                   Initially Annually.
                                     --Secondary seal gaps......
63.133(f) 63.133(g)................  Inspect wastewater tank for  Initially Semi-         Visual.
                                      control equipment failures   annually.
                                      and improper work
                                      practices.
Surface impoundments:
    63.134(b)(1)...................  Inspect cover and all        Initially Semi-         Visual.
                                      openings for leaks.          annually.
    63.134(c)......................  Inspect surface impoundment  Initially Semi-         Visual.
                                      for control equipment        annually.
                                      failures and improper work
                                      practices.
Containers:
    63.135(b)(1), 63.135(b)(2) (ii)  Inspect cover and all        Initially Semi-         Visual.
                                      openings for leaks.          annually.
    63.135(d)(1)...................  Inspect enclosure and all    Initially Semi-         Visual.
                                      openings for leaks.          annually.
    63.135(e)......................  Inspect container for        Initially Semi-         Visual.
                                      control equipment failures   annually.
                                      and improper work
                                      practices.
Individual Drain Systems \a\:
    63.136(b)(1)...................  Inspect cover and all        Initially Semi-         Visual.
                                      openings to ensure there     annually.
                                      are no gaps, cracks, or
                                      holes.
    63.136(c)......................  Inspect individual drain     Initially Semi-         Visual.
                                      system for control           annually.
                                      equipment failures and
                                      improper work practices.
    63.136(e)(1)...................  Verify that sufficient       Initially Semi-         Visual.
                                      water is present to          annually.
                                      properly maintain
                                      integrity of water seals.
    63.136(e)(2), 63.136(f)(1).....  Inspect all drains using     Initially Semi-         Visual.
                                      tightly-fitted caps or       annually.
                                      plugs to ensure caps and
                                      plugs are in place and
                                      properly installed.
    63.136(f)(2)...................  Inspect all junction boxes   Initially Semi-         Visual or smoke test
                                      to ensure covers are in      annually.               or other means as
                                      place and have no visible                            specified.
                                      gaps, cracks, or holes.
    63.136(f)(3)...................  Inspect unburied portion of  Initially Semi-         Visual.
                                      all sewer lines for cracks   annually.
                                      and gaps.
Oil-water separators:
    63.137(b)(1)...................  Inspect fixed roof and all   Initially Semi-         Visual.
                                      openings for leaks.          annually.
    63.137(c)......................  Measure floating roof seal   Initially \b\.........  See 40 CFR
                                      gaps in accordance with 40                           60.696(d)(1).
                                      CFR 60.696(d)(1).
                                     --Primary seal gaps........  Once every 5 years....
    63.137(c)......................  --Secondary seal gaps......  Initially \b\ Annually
    63.137(d)......................  Inspect oil-water separator  Initially Semi-         Visual.
                                      for control equipment        annually.
                                      failures and improper work
                                      practices.
----------------------------------------------------------------------------------------------------------------
\a\ As specified in Sec.  63.136(a), the owner or operator shall comply with either the requirements of Sec.
  63.136 (b) and (c) or Sec.  63.136 (e) and (f).
\b\ Within 60 days of installation as specified in Sec.  63.137(c).


[[Page 367]]



   Sec. Table 12 to Subpart G of Part 63--Monitoring Requirements for 

                           Treatment Processes

----------------------------------------------------------------------------------------------------------------
           To comply with             Parameters to be monitored         Frequency                Methods
----------------------------------------------------------------------------------------------------------------
1. Required mass removal of Table 8  Appropriate parameters as    Appropriate frequency   Appropriate methods as
 and/or Table 9 compound(s) from      specified in Sec.           as specified in Sec.   specified in Sec.
 wastewater treated in a properly     63.143(c) and approved by     63.143 and approved    63.143 and as
 operated biological treatment        permitting authority.        by permitting           approved by
 unit, Sec.  63.138(f), and Sec.                                 authority.              permitting authority.
 63.138(g).
2. Steam stripper..................  (i) Steam flow rate; and...  Continuously..........  Integrating steam flow
                                                                                           monitoring device
                                                                                           equipped with a
                                                                                           continuous recorder.
                                     (ii) Wastewater feed mass    Continuously..........  Liquid flow meter
                                      flow rate; and                                       installed at stripper
                                                                                           influent and equipped
                                                                                           with a continuous
                                                                                           recorder.
                                     (iii) Wastewater feed        Continuously..........  (A) Liquid temperature
                                      temperature; or                                      monitoring device
                                     (iv) Column operating                                 installed at stripper
                                      temperature.                                         influent and equipped
                                                                                           with a continuous or
                                                                                           recorder; or
                                                                                          (B) Liquid temperature
                                                                                           monitoring device
                                                                                           installed in the
                                                                                           column top tray
                                                                                           liquid phase (i.e.,
                                                                                           at the downcomer) and
                                                                                           equipped with a
                                                                                           continuous recorder.
3. Other treatment processes or      Other parameters may be
 alternative monitoring parameters    monitored upon approval
 to those listed in item 2 of this    from the Administrator
 table.                               with the requirements
                                      specified in Sec.
                                      63.151(f).
----------------------------------------------------------------------------------------------------------------



     Sec. Table 13 to Subpart G of Part 63--Wastewater--Monitoring 

                    Requirements for Control Devices

----------------------------------------------------------------------------------------------------------------
                                         Monitoring equipment       Parameters to be
            Control Device                     required                monitored                Frequency
----------------------------------------------------------------------------------------------------------------
All control devices..................  1. Flow indicator        1. Presence of flow      Hourly records of
                                        installed at all         diverted from the        whether the flow
                                        bypass lines to the      control device to the    indicator was
                                        atmosphere and           atmosphere or.           operating and whether
                                        equipped with                                     a diversion was
                                        continuous recorder                               detected at any time
                                        \b\ or.                                           during each hour
                                       2. Valves sealed closed  2. Monthly inspections   Monthly.
                                        with car-seal or lock-   of sealed valves.
                                        and-key configuration.
Thermal Incinerator..................  Temperature monitoring   Firebox temperature....  Continuous.
                                        device installed in
                                        firebox or in ductwork
                                        immediately downstream
                                        of firebox \a\ and
                                        equipped with a
                                        continuous recorder
                                        \b\.
Catalytic Incinerator................  Temperature monitoring   1. Temperature upstream  Continuous.
                                        device installed in      of catalyst bed or.
                                        gas stream immediately  2. Temperature
                                        before and after         difference across
                                        catalyst bed and         catalyst bed.
                                        equipped with a
                                        continuous recorder
                                        \b\.
Flare................................  Heat sensing device      Presence of a flame at   Hourly records of
                                        installed at the pilot   the pilot light.         whether the monitor
                                        light and equipped                                was continuously
                                        with a continuous                                 operating and whether
                                        recorder \a\.                                     the pilot flame was
                                                                                          continuously present
                                                                                          during each hour.

[[Page 368]]

 
Boiler or process heater <44           Temperature monitoring   Combustion temperature.  Continuous.
 megawatts and vent stream is not       device installed in
 mixed with the primary fuel.           firebox \a\ and
                                        equipped with
                                        continuous recorder
                                        \b\.
Condenser............................  Temperature monitoring   Condenser exit (product  Continuous.
                                        device installed at      side) temperature.
                                        condenser exit and
                                        equipped with
                                        continuous recorder
                                        \b\.
Carbon adsorber (regenerative).......  Integrating              Total regeneration       For each regeneration
                                        regeneration stream      stream mass or           cycle, record the
                                        flow monitoring device   volumetric flow during   total regeneration
                                        having an accuracy of    carbon bed               stream mass or
                                        10 percent, and.
                                       Carbon bed temperature   Temperature of carbon    For each regeneration
                                        monitoring device.       bed after regeneration   cycle and within 15
                                                                 [and within 15 minutes   minutes of completing
                                                                 of completing any        any cooling cycle,
                                                                 cooling cycle(s)].       record the carbon bed
                                                                                          temperature.
Carbon adsorber (Non-regenerative)...  Organic compound         Organic compound         Daily or at intervals
                                        concentration            concentration of         no greater than 20
                                        monitoring device. \c\.  adsorber exhaust.        percent of the design
                                                                                          carbon replacement
                                                                                          interval, whichever is
                                                                                          greater.
Alternative monitoring parameters....  Other parameters may be
                                        monitored upon
                                        approval from the
                                        Administrator in
                                        accordance with the
                                        requirements in Sec.
                                        63.143(e)(3).
----------------------------------------------------------------------------------------------------------------
\a\ Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any
  substantial heat exchange is encountered.
\b\ ``Continuous recorder'' is defined in Sec.  63.111 of this subpart.
\c\ As an alternative to conducting this monitoring, an owner or operator may replace the carbon in the carbon
  adsorption system with fresh carbon at a regular predetermined time interval that is less than the carbon
  replacement interval that is determined by the maximum design flow rate and organic concentration in the gas
  stream vented to the carbon adsorption system.



          Sec. Tables 14-14b to Subpart G of Part 63 [Reserved]



Sec. Table 15 to Subpart G of Part 63--Wastewater--Information on Table 

    8 and/or Table 9 Compounds To Be Submitted With Notification of 

Compliance Status for Process Units at New and/or Existing Sources \a,b\

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Concentration of
                                        Stream          table 8 and/or                                                                     Treatment       Waste management
Process unit identification code    identification          table 9         Flow rate (lpm)   Group 1 or Group 2      Compliance          process(es)           unit(s)        Intended control
               \c\                       code         compound(s) (ppmw)         \e,f\                \g\            approach \h\     identification \i\    identification          device
                                                             \d,e\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
 
 
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 \a\ The information specified in this table must be submitted; however, it may be submitted in any format. This table presents an example format.
\b\ Other requirements for the NCS are specified in Sec.  63.152(b) of this subpart.
\c\ Also include a description of the process unit (e.g., benzene process unit).
\d\ Except when Sec.  63.132(e) is used, annual average concentration as specified in Sec.  63.132 (c) or (d) and Sec.  63.144.
\e\ When Sec.  63.132(e) is used, indicate the wastewater stream is a designated Group 1 wastewater stream.
\f\ Except when Sec.  63.132(e) is used, annual average flow rate as specified in Sec.  63.132 (c) or (d) and in Sec.  63.144.
\g\ Indicate whether stream is Group 1 or Group 2. If Group 1, indica0te whether it is Group 1 for Table 8 or Table 9 compounds or for both Table 8 and Table 9 compounds.
\h\ Cite Sec.  63.138 compliance option used.



            Sec. Table 16 to Subpart G of Part 63 [Reserved]



    Sec. Table 17 to Subpart G of Part 63--Information for Treatment 

 Processes To Be Submitted With Notification of Compliance Status \a,b\

----------------------------------------------------------------------------------------------------------------
                                                                  Wastewater stream(s)    Monitoring parameters
 Treatment process identification \c\      Description \d\            treated \e\                  \f\
----------------------------------------------------------------------------------------------------------------
 
 

[[Page 369]]

 
 
----------------------------------------------------------------------------------------------------------------
 \a\ The information specified in this table must be submitted; however, it may be submitted in any format. This
  table presents an example format.
\b\ Other requirements for the Notification of Compliance Status are specified in Sec.  63.152(b) of this
  Subpart.
\c\ Identification codes should correspond to those listed in Table 15.
\d\ Description of treatment process.
\e\ Stream identification code for each wastewater stream treated by each treatment unit. Identification codes
  should correspond to entries listed in Table 15.
\f\ Parameter(s) to be monitored or measured in accordance with Table 12 and Sec.  63.143.



Sec. Table 18 to Subpart G of Part 63--Information for Waste Management 

   Units To Be Submitted With Notification of Compliance Status \a,b\

------------------------------------------------------------------------
                                                          Wastewater
      Waste management unit         Description \d\   stream(s) received
       identification \c\                               or managed \e\
------------------------------------------------------------------------
 
 
 
------------------------------------------------------------------------
 \a\ The information specified in this table must be submitted; however,
  it may be submitted in any format. This table presents an example
  format.
\b\ Other requirements for the Notification of Compliance Status are
  specified in Sec.  63.152(b) of this Subpart.
\c\ Identification codes should correspond to those listed in Table 15.
\d\ Description of waste management unit.
\e\ Stream identification code for each wastewater stream received or
  managed by each waste management unit. Identification codes should
  correspond to entries listed in Table 15.



   Sec. Table 19 to Subpart G of Part 63--Wastewater--Information on 

 Residuals To Be Submitted With Notification of Compliance Status \a,b\

----------------------------------------------------------------------------------------------------------------
                                  Wastewater                                               Control      Control
    Residual       Residual         stream       Treatment               Control device     device      device
 identification   description   identification  process \f\   Fate \g\   identification  description  efficiency
      \c\             \d\            \e\                                      code           \h\          \i\
----------------------------------------------------------------------------------------------------------------
 
 
 
 
----------------------------------------------------------------------------------------------------------------
 \a\ The information specified in this table must be submitted; however, it may be submitted in any format. This
  table presents an example format.
\b\ Other requirements for the Notification of Compliance Status are specified in Sec.  63.152(b) of this
  subpart.
\c\ Name or identification code of residual removed from Group 1 wastewater stream.
\d\ Description of residual (e.g., steam stripper A-13 overhead condensates).
\e\ Identification of stream from which residual is removed.
\f\ Treatment process from which residual originates.
\g\ Indicate whether residual is sold, returned to production process, or returned to waste management unit or
  treatment process; or whether HAP mass of residual is destroyed by 99 percent.
\h\ If the fate of the residual is such that the HAP mass is destroyed by 99 percent, give description of device
  used for HAP destruction.
\i\ If the fate of the residual is such that the HAP mass is destroyed by 99 percent, provide an estimate of
  control device efficiency and attach substantiation in accordance with Sec.  63.146(b)(9) of this subpart.



 Sec. Table 20 to Subpart G of Part 63--Wastewater--Periodic Reporting 

Requirements for Control Devices Subject to Sec. 63.139 Used To Comply 

                  With Sec. Sec. 63.13 Through 63.139

------------------------------------------------------------------------
        Control device                   Reporting requirements
------------------------------------------------------------------------
(1) Thermal Incinerator......  Report all daily average \a\ temperatures
                                that are outside the range established
                                in the NCS \b\ or operating permit and
                                all operating days when insufficient
                                monitoring data are collected. \c\
(2) Catalytic Incinerator....  (i) Report all daily average \a\ upstream
                                temperatures that are outside the range
                                established in the NCS \b\ or operating
                                permit.
                               (ii) Report all daily average \a\
                                temperature differences across the
                                catalyst bed that are outside the range
                                established in the NCS \b\ or operating
                                permit.
                               (iii) Report all operating days when
                                insufficient monitoring data are
                                collected. \c\
(3) Boiler or Process Heater   Report all daily average \a\ firebox
 with a design heat input       temperatures that are outside the range
 capacity less than 44          established in the NCS \b\ or operating
 megawatts and vent stream is   permit and all operating days when
 not mixed with the primary     insufficient monitoring data are
 fuel.                          collected. \c\
(4) Flare....................  Report the duration of all periods when
                                all pilot flames are absent.
(5) Condenser................  Report all daily average \a\ exit
                                temperatures that are outside the range
                                established in the NCS \b\ or operating
                                permit and all operating days when
                                insufficient monitoring data are
                                collected \c\.

[[Page 370]]

 
(6) Carbon Adsorber            (i) Report all carbon bed regeneration
 (Regenerative).                cycles when the total regeneration
                                stream mass or volumetric flow is
                                outside the range established in the NCS
                                \b\ or operating permit.
                               (ii) Report all carbon bed regeneration
                                cycles during which the temperature of
                                the carbon bed after regeneration is
                                outside the range established in the NCS
                                \b\ or operating permit.
                               (iii) Report all operating days when
                                insufficient monitoring data are
                                collected \c\.
(7) Carbon Adsorber (Non-      (i) Report all operating days when
 Regenerative).                 inspections not done according to the
                                schedule developed as specified in table
                                13 of this subpart.
                               (ii) Report all operating days when
                                carbon has not been replaced at the
                                frequency specified in table 13 of this
                                subpart.
(8) All Control Devices......  (i) Report the times and durations of all
                                periods when the vent stream is diverted
                                through a bypass line or the monitor is
                                not operating, or
                               (ii) Report all monthly inspections that
                                show the valves are moved to the
                                diverting position or the seal has been
                                changed.
------------------------------------------------------------------------
\a\ The daily average is the average of all values recorded during the
  operating day, as specified in Sec.  63.147(d).
\b\ NCS = Notification of Compliance Status described in Sec.  63.152.
\c\ The periodic reports shall include the duration of periods when
  monitoring data are not collected for each excursion as defined in
  Sec.  63.152(c)(2)(ii)(A).



   Sec. Table 21 to Subpart G of Part 63--Average Storage Temperature 

            (Ts) as a Function of Tank Paint Color

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



  Sec. Table 22 to Subpart G of Part 63--Paint Factors for Fixed Roof 

                                  Tanks

----------------------------------------------------------------------------------------------------------------
                                       Tank color                                           Paint factors (Fp)
-----------------------------------------------------------------------------------------     Paint Condition
                                                                                         -----------------------
                      Roof                                        Shell                      Good        Poor
----------------------------------------------------------------------------------------------------------------
White..........................................  White..................................        1.00        1.15
Aluminum (specular)............................  White..................................        1.04        1.18
White..........................................  Aluminum (specular)....................        1.16        1.24
Aluminum (specular)............................  Aluminum (specular)....................        1.20        1.29
White..........................................  Aluminum (diffuse).....................        1.30        1.38
Aluminum (diffuse).............................  Aluminum (diffuse).....................        1.39        1.46
White..........................................  Gray...................................        1.30        1.38
Light gray.....................................  Light gray.............................        1.33        1.44
Medium gray....................................  Medium gray............................        1.40        1.58
----------------------------------------------------------------------------------------------------------------



 Sec. Table 23 to Subpart G of Part 63--Average Clingage Factors (c) \a\

------------------------------------------------------------------------
                                                   Shell condition
                                           -----------------------------
                  Liquid                      Light     Dense    Gunite
                                            rust \b\    rust      lined
------------------------------------------------------------------------
Gasoline..................................    0.0015    0.0075      0.15
Single component stocks...................    0.0015    0.0075      0.15
Crude oil.................................    0.0060     0.030      0.60
------------------------------------------------------------------------
\a\ Units for average clingage factors are barrels per 1,000 square
  feet.
\b\ If no specific information is available, these values can be assumed
  to represent the most common condition of tanks currently in use.



 Sec. Table 24 to Subpart G of Part 63--Typical Number of Columns as a 

 Function of Tank Diameter for Internal Floating Roof Tanks With Column 

                        Supported Fixed Roofs \a\

------------------------------------------------------------------------
                                                       Typical number of
           Tank diameter range (D in feet)               columns, (NC)
------------------------------------------------------------------------
0 < D <= 85.........................................                   1

[[Page 371]]

 
85 < D <= 100.......................................                   6
100 < D <= 120......................................                   7
120 < D <= 135......................................                   8
135 < D <= 150......................................                   9
150 < D <= 170......................................                  16
170 < D <= 190......................................                  19
190 < D <= 220......................................                  22
220 < D <= 235......................................                  31
235 < D <= 270......................................                  37
270 < D <= 275......................................                  43
275 < D <= 290......................................                  49
290 < D <= 330......................................                  61
330 < D <= 360......................................                  71
360 < D <= 400......................................                  81
------------------------------------------------------------------------
\a\ Data in this table should not supersede information on actual tanks.



    Sec. Table 25 to Subpart G of Part 63--Effective Column Diameter 

                             (Fc)

------------------------------------------------------------------------
                     Column type                           Fc (feet)
------------------------------------------------------------------------
9-inch by 7-inch built-up columns...................                 1.1
8-inch-diameter pipe columns........................                 0.7
No construction details known.......................                 1.0
------------------------------------------------------------------------



Sec. Table 26 to Subpart G of Part 63--Seal Related Factors for Internal 

                          Floating Roof Vessels

------------------------------------------------------------------------
                   Seal type                         KS           n
------------------------------------------------------------------------
Liquid mounted resilient seal:
  Primary seal only...........................          3.0            0
  With rim-mounted secondary seal \a\.........          1.6            0
Vapor mounted resilient seal:
  Primary seal only...........................          6.7            0
  With rim-mounted secondary seal \a\.........          2.5            0
------------------------------------------------------------------------
\a\ If vessel-specific information is not available about the secondary
  seal, assume only a primary seal is present.



Sec. Table 27 to Subpart G of Part 63--Summary of Internal Floating Deck 

  Fitting Loss Factors (KF) and Typical Number of Fittings 

                             (NF)

------------------------------------------------------------------------
                                  Deck fitting loss   Typical number of
        Deck fitting type          factor (KF) \a\      fittings (NF)
------------------------------------------------------------------------
Access hatch....................  .................  1.
    Bolted cover, gasketed......                1.6
    Unbolted cover, gasketed....                 11
    Unbolted cover, ungasketed..             \b\ 25
Automatic gauge float well......  .................  1.
  Bolted cover, gasketed........                5.1
  Unbolted cover, gasketed......                 15
  Unbolted cover, ungasketed....             \b\ 28
Column well.....................  .................  (see Table 24).
    Builtup column-sliding                       33
     cover, gasketed.
    Builtup column-sliding                   \b\ 47
     cover, ungasketed.                          10
    Pipe column-flexible fabric                  19
     sleeve seal.
    Pipe column-sliding cover,                   32
     gasketed.
    Pipe column-sliding cover,
     ungasketed.
Ladder well.....................  .................  1.
    Sliding cover, gasketed.....                 56
    Sliding cover, ungasketed...             \b\ 76
Roof leg or hanger well.........  .................  (5+D/10+D \2\/600)
                                                      \c\.
    Adjustable..................            \b\ 7.9
    Fixed.......................                  0
Sample pipe or well.............  .................  1.
    Slotted pipe-sliding cover,                  44
     gasketed.
    Slotted pipe-sliding cover,                  57
     ungasketed.
    Sample well-slit fabric                  \b\ 12
     seal, 10 percent open area.
Stub drain, 1-in diameter \d\...                1.2  (D \2\/125) \c\.
Vacuum breaker..................  .................  1.

[[Page 372]]

 
    Weighted mechanical                     \b\ 0.7
     actuation, gasketed.
    Weighted mechanical                         0.9
     actuation, ungasketed.
------------------------------------------------------------------------
\a\ Units for KF are pound-moles per year.
\b\ If no specific information is available, this value can be assumed
  to represent the most common/typical deck fittings currently used.
\c\ D=Tank diameter (feet).
\d\ Not used on welded contact internal floating decks.



  Sec. Table 28 to Subpart G of Part 63--Deck Seam Length Factors \a\ 

            (SD) for Internal Floating Roof Tanks

------------------------------------------------------------------------
                                                      Typical deck seam
                 Deck construction                      length factor
------------------------------------------------------------------------
Continuous sheet construction \b\:
  5-feet wide sheets...............................                 0.2
  6-feet wide sheets...............................                 0.17
  7-feet wide sheets...............................                 0.14
Panel construction \d\:
  5 x 7.5 feet rectangular.........................                 0.33
  5 x 12 feet rectangular..........................                 0.28
------------------------------------------------------------------------
\a\ Deck seam loss applies to bolted decks only. Units for S\D\ are feet
  per square feet.
\b\ SD=1/W, where W = sheet width (feet).
\c\ If no specific information is available, these factors can be
  assumed to represent the most common bolted decks currently in use.
\d\ SD=(L+W)/LW, where W = panel width (feet), and L = panel length
  (feet).



Sec. Table 29 to Subpart G of Part 63--Seal Related Factors for External 

                          Floating Roof Vessels

------------------------------------------------------------------------
                                          Welded vessels      Riveted
                                         ----------------     vessels
                Seal type                                ---------------
                                            KS       N      KS       N
------------------------------------------------------------------------
Metallic shoe seal:
    Primary seal only...................     1.2     1.5     1.3     1.5
    With shoe-mounted secondary seal....     0.8     1.2     1.4     1.2
    With rim-mounted secondary seal.....     0.2     1.0     0.2     1.6
Liquid mounted resilient seal:
    Primary seal only...................     1.1     1.0  \a\ NA      NA
    With weather shield.................     0.8     0.9      NA      NA
    With rim-mounted secondary seal.....     0.7     0.4      NA      NA
Vapor mounted resilient seal:
    Primary seal only...................     1.2     2.3      NA      NA
    With weather shield.................     0.9     2.2      NA      NA
    With rim-mounted secondary seal.....     0.2     2.6      NA      NA
------------------------------------------------------------------------
\a\ NA=Not applicable.



   Sec. Table 30 to Subpart G of Part 63--Roof Fitting Loss Factors, 

    KFa, KFb, and m, \a\ and Typical Number of 

                         Fittings, NT

----------------------------------------------------------------------------------------------------------------
                                                  Loss factors \b\
                                   ----------------------------------------------
   Fitting type and construction                  KFb (lb-mole/                   Typical number of fittings, NT
              details               KFa (lb-mole/  [mi/hr]\m\-          m
                                         yr)           yr)       (dimensionless)
----------------------------------------------------------------------------------------------------------------
Access hatch (24-in-diameter well)  ............  .............  ...............  1.
    Bolted cover, gasketed........          0             0            \c\ 0
    Unbolted cover, ungasketed....          2.7           7.1              1.0
    Unbolted cover, gasketed......          2.9           0.41             1.0
Unslotted guide-pole well (8-in-    ............  .............  ...............  1.
 diameter unslotted pole, 21-in-
 diameter well).
    Ungasketed sliding cover......          0            67            \c\ 0.98
    Gasketed sliding cover........          0             3.0              1.4
Slotted guide-pole/sample well (8-  ............  .............  ...............  (\d\).
 in-diameter unslotted pole, 21-in-
 diameter well).
    Ungasketed sliding cover,               0           310                1.2
     without float.
    Ungasketed sliding cover, with          0            29                2.0
     float.
    Gasketed sliding cover,                 0           260                1.2
     without float.
    Gasketed sliding cover, with            0             8.5              1.4
     float.
Gauge-float well (20-inch           ............  .............  ...............  1.
 diameter).

[[Page 373]]

 
    Unbolted cover, ungasketed....          2.3           5.9          \c\ 1.0
    Unbolted cover, gasketed......          2.4           0.34             1.0
    Bolted cover, gasketed........          0             0                0
Gauge-hatch/sample well (8-inch     ............  .............  ...............  1.
 diameter).
    Weighted mechanical actuation,          0.95          0.14         \c\ 1.0
     gasketed.
    Weighted mechanical actuation,          0.91          2.4              1.0
     ungasketed.
Vacuum breaker (10-in-diameter      ............  .............  ...............  NF6 (Table 31).
 well).
    Weighted mechanical actuation,          1.2           0.17         \c\ 1.0
     gasketed.
    Weighted mechanical actuation,          1.2           3.0              1.0
     ungasketed.
Roof drain (3-in-diameter)........  ............  .............  ...............  NF7 (Table 31).
    Open..........................          0             7.0          \e\ 1.4    NF8 (Table 32 \f\).
    90 percent closed.............          0.51          0.81             1.0
Roof leg (3-in-diameter)..........  ............  .............  ...............  NF8 (Table 32 \f\).
    Adjustable, pontoon area......          1.5           0.20         \c\ 1.0
    Adjustable, center area.......          0.25          0.067        \c\ 1.0
    Adjustable, double-deck roofs.          0.25          0.067            1.0
    Fixed.........................          0             0                0
Roof leg (2\1/2\-in-diameter).....  ............  .............  ...............  NF8 (Table 32 \f\).
    Adjustable, pontoon area......          1.7           0                0
    Adjustable, center area.......          0.41          0                0
    Adjustable, double-deck roofs.          0.41          0                0
    Fixed.........................          0             0                0
Rim vent (6-in-diameter)..........  ............  .............  ...............  1 \g\.
    Weighted mechanical actuation,          0.71          0.10         \c\ 1.0
     gasketed.
    Weighted mechanical actuation,          0.68          1.8              1.0
     ungasketed.
----------------------------------------------------------------------------------------------------------------
\a\ The roof fitting loss factors, KFa, KFb, and m, may only be used for wind speeds from 2 to 15 miles per
  hour.
\b\ Unit abbreviations are as follows: lb = pound; mi = miles; hr = hour; yr = year.
\c\ If no specific information is available, this value can be assumed to represent the most common or typical
  roof fittings currently in use.
\d\ A slotted guide-pole/sample well is an optional fitting and is not typically used.
\e\ Roof drains that drain excess rainwater into the product are not used on pontoon floating roofs. They are,
  however, used on double-deck floating roofs and are typically left open.
\f\ The most common roof leg diameter is 3 inches. The loss factors for 2\1/2\-inch diameter roof legs are
  provided for use if this smaller size roof is used on a particular floating roof.
\g\ Rim vents are used only with mechanical-shoe primary seals.



    Sec. Table 31 to Subpart G of Part 63--Typical Number of Vacuum 

      Breakers, NF6 and Roof Drains, \a\ NF7

----------------------------------------------------------------------------------------------------------------
                                                                    No. of vacuum breakers, NF6     No. of roof
                                                                 --------------------------------  drains, N F7
                   Tank diameter D (feet) \b\                                       Double-deck     double-deck
                                                                   Pontoon roof        roof          roof \c\
----------------------------------------------------------------------------------------------------------------
50..............................................................               1               1               1
100.............................................................               1               1               1
150.............................................................               2               2               2
200.............................................................               3               2               3
250.............................................................               4               3               5
300.............................................................               5               3               7
350.............................................................               6               4             \d\
400.............................................................               7               4             \d\
----------------------------------------------------------------------------------------------------------------
\a\ This table should not supersede information based on actual tank data.
\b\ If the actual diameter is between the diameters listed, the closest diameter listed should be used. If the
  actual diameter is midway between the diameters listed, the next larger diameter should be used.
\c\ Roof drains that drain excess rainwater into the product are not used on pontoon floating roofs. They are,
  however, used on double-deck floating roofs, and are typically left open.
\d\ For tanks more than 300 feet in diameter, actual tank data or the manufacturer's recommendations may be
  needed for the number of roof drains.


[[Page 374]]



Sec. Table 32 to Subpart G of Part 63--Typical Number of Roof Legs, \a\ 

                             NF8

----------------------------------------------------------------------------------------------------------------
                                                                           Pontoon roof
                                                                 -------------------------------- No. of legs on
                   Tank diameter D (feet) \b\                     No. of pontoon   No. of center    double-deck
                                                                       legs            legs            roof
----------------------------------------------------------------------------------------------------------------
30..............................................................               4               2               6
40..............................................................               4               4               7
50..............................................................               6               6               8
60..............................................................               9               7              10
70..............................................................              13               9              13
80..............................................................              15              10              16
90..............................................................              16              12              20
100.............................................................              17              16              25
110.............................................................              18              20              29
120.............................................................              19              24              34
130.............................................................              20              28              40
140.............................................................              21              33              46
150.............................................................              23              38              52
160.............................................................              26              42              58
170.............................................................              27              49              66
180.............................................................              28              56              74
190.............................................................              29              62              82
200.............................................................              30              69              90
210.............................................................              31              77              98
220.............................................................              32              83             107
230.............................................................              33              92             115
240.............................................................              34             101             127
250.............................................................              34             109             138
260.............................................................              36             118             149
270.............................................................              36             128             162
280.............................................................              37             138             173
290.............................................................              38             148             186
300.............................................................              38             156             200
310.............................................................              39             168             213
320.............................................................              39             179             226
330.............................................................              40             190             240
340.............................................................              41             202             255
350.............................................................              42             213             270
360.............................................................              44             226             285
370.............................................................              45             238             300
380.............................................................              46             252             315
390.............................................................              47             266             330
400.............................................................              48             281             345
----------------------------------------------------------------------------------------------------------------
\a\ This table should not supersede information based on actual tank data.
\b\ If the actual diameter is between the diameters listed, the closest diameter listed should be used. If the
  actual diameter is midway between the diameters listed, the next larger diameter should be used.



        Sec. Table 33 to Subpart G of Part 63--Saturation Factors

------------------------------------------------------------------------
          Cargo carrier                Mode of operation       S factor
------------------------------------------------------------------------
Tank trucks and rail tank cars...  Submerged loading of a           0.50
                                    clean cargo tank.
                                   Submerged loading:               0.60
                                    dedicated normal
                                    service.
                                   Submerged loading:               1.00
                                    dedicated vapor balance
                                    service.
                                   Splash loading of a              1.45
                                    clean cargo tank.
                                   Splash loading:                  1.45
                                    dedicated normal
                                    service.
                                   Splash loading:                  1.00
                                    dedicated vapor balance
                                    service.
------------------------------------------------------------------------



Sec. Table 34 to Subpart G of Part 63--Fraction Measured (Fm) 

  and Fraction Emitted (Fe) For HAP Compounds in Wastewater 

                                 Streams

------------------------------------------------------------------------
                                            CAS
             Chemical name                 Number       Fm         Fe
                                            \a\
------------------------------------------------------------------------
Acetaldehyde...........................      75070   1.00       0.48
Acetonitrile...........................      75058   0.99       0.36
Acetophenone...........................      98862   0.31       0.14
Acrolein...............................     107028   1.00       0.43
Acrylonitrile..........................     107131   1.00       0.43
Allyl chloride.........................     107051   1.00       0.89
Benzene................................      71432   1.00       0.80
Benzyl chloride........................     100447   1.00       0.47

[[Page 375]]

 
Biphenyl...............................      92524   0.86       0.45
Bromoform..............................      75252   1.00       0.49
Butadiene (1,3-).......................     106990   1.00       0.98
Carbon disulfide.......................      75150   1.00       0.92
Carbon tetrachloride...................      56235   1.00       0.94
Chlorobenzene..........................     108907   1.00       0.73
Chloroform.............................      67663   1.00       0.78
Chloroprene (2-Chloro-1,3-butadiene)...     126998   1.00       0.68
Cumene.................................      98828   1.00       0.88
Dichlorobenzene (p-)...................     106467   1.00       0.72
Dichloroethane (1,2-) (Ethylene             107062   1.00       0.64
 dichloride)...........................
Dichloroethyl ether (Bis(2-Chloroethyl      111444   0.76       0.21
 ether))...............................
Dichloropropene (1,3-).................     542756   1.00       0.76
Diethyl sulfate........................      64675   0.0025     0.11
Dimethyl sulfate.......................      77781   0.086      0.079
Dimethylaniline (N,N-).................     121697   0.00080    0.34
Dimethylhydrazine (1,1-)...............      57147   0.38       0.054
Dinitrophenol (2,4-)...................      51285   0.0077     0.060
Dinitrotoluene (2,4-)..................     121142   0.085      0.18
Dioxane (1,4-) (1,4-Diethyleneoxide)...     123911   0.87       0.18
Epichlorohydrin(1-Chloro-2,3-               106898   0.94       0.35
 epoxypropane).........................
Ethyl acrylate.........................     140885   1.00       0.48
Ethylbenzene...........................     100414   1.00       0.83
Ethyl chloride (Chloroethane)..........      75003   1.00       0.90
Ethylene dibromide (Dibromomethane)....     106934   1.00       0.57
Ethylene glycol dimethyl ether.........     110714   0.86       0.32
Ethylene glycol monobutyl ether acetate     112072   0.043      0.067
Ethylene glycol monomethyl ether            110496   0.093      0.048
 acetate...............................
Ethylene oxide.........................      75218   1.00       0.50
Ethylidene dichloride (1,1-                  75343   1.00       0.79
 Dichloroethane).......................
Hexachlorobenzene......................     118741   0.97       0.64
Hexachlorobutadiene....................      87683   0.88       0.86
Hexachloroethane.......................      67721   0.50       0.85
Hexane.................................     110543   1.00       1.00
Isophorone.............................      78591   0.51       0.11
Methanol...............................      67561   0.85       0.17
Methyl bromide (Bromomethane)..........      74839   1.00       0.85
Methyl chloride (Chloromethane)........      74873   1.00       0.84
Methyl isobutyl ketone (Hexone)........     108101   0.98       0.53
Methyl methacrylate....................      80626   1.00       0.37
Methyl tert-butyl ether................    1634044   1.00       0.57
Methylene chloride (Dichloromethane)...      75092   1.00       0.77
Naphthalene............................      91203   0.99       0.51
Nitrobenzene...........................      98953   0.39       0.23
Nitropropane (2-)......................      79469   0.99       0.44
Phosgene...............................      75445   1.00       0.87
Propionaldehyde........................     123386   1.00       0.41
Propylene dichloride (1,2-                   78875   1.00       0.72
 Dichloropropane)......................
Propylene oxide........................      75569   1.00       0.60
Styrene................................     100425   1.00       0.80
Tetrachloroethane (1,1,2,2-)...........      79345   1.00       0.46
Tetrachloroethylene (Perchloroethylene)     127184   1.00       0.92
Toluene................................     108883   1.00       0.80
Toluidine (o-).........................      95534   0.15       0.052
Trichlorobenzene (1,2,4-)..............     120821   1.00       0.64
Trichloroethane (1,1,1-) (Methyl             71556   1.00       0.91
 chloroform)...........................
Trichloroethane (1,1,2-) (Vinyl              79005   1.00       0.60
 Trichloride)..........................
Trichloroethylene......................      79016   1.00       0.87
Trichlorophenol (2,4,5-)...............      95954   0.11       0.086
Triethylamine..........................     121448   1.00       0.38
Trimethylpentane (2,2,4-)..............     540841   1.00       1.00
Vinyl acetate..........................     108054   1.00       0.59
Vinyl chloride (Chloroethylene)........      75014   1.00       0.97
Vinylidene chloride (1,1-                    75354   1.00       0.94
 Dichloroethylene).....................
Xylene (m-)............................     108383   1.00       0.82
Xylene (o-)............................      95476   1.00       0.79
Xylene (p-)............................     106423   1.00       0.82
------------------------------------------------------------------------
\a\ CAS numbers refer to the Chemical Abstracts Service registry number
  assigned to specific compounds, isomers, or mixtures of compounds.


[59 FR 19468, Apr. 22, 1994, as amended at 71 FR 76615, Dec. 21, 2006]

[[Page 376]]



Sec. Table 35 to Subpart G of Part 63--Control Requirements for Items of 

      Equipment That Meet the Criteria of Sec. 63.149 of Subpart G

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



     Sec. Table 36 to Subpart G of Part 63--Compound Lists Used for 

 Compliance Demonstrations for Enhanced Biological Treatment Processes 

                          (See Sec. 63.145(h))

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

[[Page 377]]

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


[59 FR 19468, Apr. 22, 1994, as amended at 71 FR 76615, Dec. 21, 2006]



   Sec. Table 37 to Subpart G of Part 63--Default Biorates for List 1 

                                Compounds

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


[[Page 378]]



  Sec. Figure 1 to Subpart G of Part 63--Definitions of Terms Used in 

                          Wastewater Equations

                               Main Terms

AMR=Actual mass removal of Table 8 and/or Table 9 compounds achieved by 
treatment process or a series of treatment processes, kg/hr.
C=Concentration of Table 8 and/or Table 9 compounds in wastewater, ppmw.
CG=Concentration of TOC (minus methane and ethane) or total organic 
hazardous air pollutants, in vented gas stream, dry basis, ppmv.
CGc=Concentration of TOC or organic hazardous air pollutants 
corrected to 3-percent oxygen, in vented gas stream, dry basis, ppmv.
CGS=Concentration of sample compounds in vented gas stream, dry basis, 
ppmv.
E=Removal or destruction efficiency, percent.
Fbio=Site-specific fraction of Table 8 and/or Table 9 
compounds biodegraded, unitless.
f\bio\=Site-specific fraction of an individual Table 8 or Table 9 
compound biodegraded, unitless.
Fm=Compound-specific fraction measured factor, unitless (listed in table 
34).
Fr=Fraction removal value for Table 8 and/or Table 9 compounds, unitless 
(listed in Table 9).
Fravg=Flow-weighted average of the Fr values.
i=Identifier for a compound.
j=Identifier for a sample.
k=Identifier for a run.
K2=Constant, 41.57 * 10-9, (ppm)-1 
(gram-mole per standard m\3\) (kg/g), where standard temperature (gram-
mole per standard m\3\) is 20 [deg]C.
m=Number of samples.
M=Mass, kg.
MW=Molecular weight, kg/kg-mole.
n=Number of compounds.
p=Number of runs.
%O2d=Concentration of oxygen, dry basis, percent by volume.
Q=Volumetric flowrate of wastewater, m\3\/hr.
QG=Volumetric flow rate of vented gas stream, dry standard, m\3\/min.
QMG=Mass flowrate of TOC (minus methane and ethane) or organic hazardous 
air pollutants, in vented gas stream, kg/hr.
QMW=Mass flowrate of Table 8 and/or Table 9 compounds in wastewater, kg/
hr.
[rho]=Density, kg/m\3\.
RMR=Required mass removal achieved by treatment process or a series of 
treatment processes, kg/hr.
tT=Total time of all runs, hr.

                               Subscripts

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

[59 FR 19468, Apr. 22, 1994, as amended at 59 FR 29201, June 6, 1994; 61 
FR 63629-63630, Dec. 12, 1995; 62 FR 2779, Jan. 17, 1997; 63 FR 67793, 
Dec. 9, 1998; 64 FR 20195, Apr. 26, 1999; 65 FR 78284, Dec. 14, 2000; 66 
FR 6935, Jan. 22, 2001]



    Subpart H_National Emission Standards for Organic Hazardous Air 

                     Pollutants for Equipment Leaks

    Source: 59 FR 19568, Apr. 22, 1994, unless otherwise noted.



Sec. 63.160  Applicability and designation of source.

    (a) The provisions of this subpart apply to pumps, compressors, 
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, surge control vessels, 
bottoms receivers, instrumentation systems, and control devices or 
closed vent systems required by this subpart that are intended to 
operate in organic hazardous air pollutant service 300 hours or more 
during the calendar year within a source subject to the provisions of a 
specific subpart in 40 CFR part 63 that references this subpart.
    (b) After the compliance date for a process unit, equipment to which 
this subpart applies that are also subject to the provisions of:
    (1) 40 CFR part 60 will be required to comply only with the 
provisions of this subpart.
    (2) 40 CFR part 61 will be required to comply only with the 
provisions of this subpart.
    (c) If a process unit subject to the provisions of this subpart has 
equipment to which this subpart does not apply, but which is subject to 
a standard identified in paragraph (c)(1), (c)(2), or (c)(3) of this 
section, the owner or operator may elect to apply this subpart to all 
such equipment in the process unit. If the owner or operator elects this 
method of compliance, all VOC in such equipment shall be considered, for

[[Page 379]]

purposes of applicability and compliance with this subpart, as if it 
were organic hazardous air pollutant (HAP). Compliance with the 
provisions of this subpart, in the manner described in this paragraph, 
shall be deemed to constitute compliance with the standard identified in 
paragraph (c)(1), (c)(2), or (c)(3) of this section.
    (1) 40 CFR part 60, subpart VV, GGG, or KKK; (2) 40 CFR part 61, 
subpart F or J; or (3) 40 CFR part 264, subpart BB or 40 CFR part 265, 
subpart BB.
    (2) [Reserved]
    (d) The provisions in Sec. 63.1(a)(3) of subpart A of this part do 
not alter the provisions in paragraph (b) of this section.
    (e) Except as provided in any subpart that references this subpart, 
lines and equipment not containing process fluids are not subject to the 
provisions of this subpart. Utilities, and other non-process lines, such 
as heating and cooling systems which do not combine their materials with 
those in the processes they serve, are not considered to be part of a 
process unit.
    (f) The provisions of this subpart do not apply to research and 
development facilities or to bench-scale batch processes, regardless of 
whether the facilities or processes are located at the same plant site 
as a process subject to the provisions of this subpart.
    (g) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators of CMPU that are subject to Sec. 63.100 may 
choose to comply with the provisions of 40 CFR part 65 for all Group 1 
and Group 2 process vents, Group 1 storage vessels, Group 1 transfer 
operations, and equipment that are subject to Sec. 63.100, that are 
part of the CMPU. Other provisions applying to an owner or operator who 
chooses to comply with 40 CFR part 65 are provided in 40 CFR 65.1.
    (i) For equipment, 40 CFR part 65 satisfies the requirements of 
Sec. Sec. 63.102, 63.103, and 63.162 through 63.182. When choosing to 
comply with 40 CFR part 65, the requirements of Sec. 63.180(d) continue 
to apply.
    (ii) For Group 1 and Group 2 process vents, Group 1 storage vessels, 
and Group 1 transfer operations, comply with Sec. 63.110(i)(1).
    (2) Part 65, subpart C or F. For owners or operators choosing to 
comply with 40 CFR part 65, each surge control vessel and bottoms 
receiver subject to Sec. 63.100 that meets the conditions specified in 
table 2 or table 3 of this subpart shall meet the requirements for 
storage vessels in 40 CFR part 65, subpart C; all other equipment 
subject to Sec. 63.100 shall meet the requirements in 40 CFR part 65, 
subpart F.
    (3) Part 63, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C or F, for equipment subject to Sec. 
63.100 must also comply with the applicable general provisions of this 
part 63 listed in table 4 of this subpart. All sections and paragraphs 
of subpart A of this part that are not mentioned in table 4 of this 
subpart do not apply to owners or operators of equipment subject to 
Sec. 63.100 of subpart F complying with 40 CFR part 65, subpart C or F, 
except that provisions required to be met prior to implementing 40 CFR 
part 65 still apply. Owners and operators who choose to comply with 40 
CFR part 65, subpart C or F, must comply with 40 CFR part 65, subpart A.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
59 FR 53360, Oct. 24, 1994; 60 FR 18029, Apr. 10, 1995; 61 FR 31439, 
June 20, 1996; 64 FR 20198, Apr. 26, 1999; 65 FR 78285, Dec. 14, 2000]



Sec. 63.161  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in this section as follows, except as provided in any 
subpart that references this subpart.
    Batch process means a process in which the equipment is fed 
intermittently or discontinuously. Processing then occurs in this 
equipment after which the equipment is generally emptied. Examples of 
industries that use batch processes include pharmaceutical production 
and pesticide production.
    Batch product-process equipment train means the collection of 
equipment (e.g., connectors, reactors, valves, pumps, etc.) configured 
to produce a specific product or intermediate by a batch process.
    Bench-scale batch process means a batch process (other than a 
research

[[Page 380]]

and development facility) that is operated on a small scale, such as one 
capable of being located on a laboratory bench top. This bench-scale 
equipment will typically include reagent feed vessels, a small reactor 
and associated product separator, recovery and holding equipment. These 
processes are only capable of producing small quantities of product.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    Closed-loop system means an enclosed system that returns process 
fluid to the process and is not vented to the atmosphere except through 
a closed-vent system.
    Closed-purge system means a system or combination of system and 
portable containers, to capture purged liquids. Containers must be 
covered or closed when not being filled or emptied.
    Closed-vent system means a system that is not open to the atmosphere 
and that is composed of hard-piping, ductwork, connections and, if 
necessary, flow-inducing devices that transport gas or vapor from a 
piece or pieces of equipment to a control device or back into a process.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic hazardous air pollutant emissions.
    Compliance date means the dates specified in Sec. 63.100(k) or 
Sec. 63.100(l)(3) of subpart F of this part for process units subject 
to subpart F of this part; the dates specified in Sec. 63.190(e) of 
subpart I of this part for process units subject to subpart I of this 
part. For sources subject to other subparts in 40 CFR part 63 that 
reference this subpart, compliance date will be defined in those 
subparts. However, the compliance date for Sec. 63.170 shall be no 
later than 3 years after the effective date of those subparts unless 
otherwise specified in such other subparts.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are not 
inaccessible, glass, or glass-lined as described in Sec. 63.174(h) of 
this subpart.
    Control device means any equipment used for recovering, recapturing, 
or oxidizing organic hazardous air pollutant vapors. Such equipment 
includes, but is not limited to, absorbers, carbon adsorbers, 
condensers, flares, boilers, and process heaters.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Equipment means each pump, compressor, agitator, pressure relief 
device, sampling connection system, open-ended valve or line, valve, 
connector, surge control vessel, bottoms receiver, and instrumentation 
system in organic hazardous air pollutant service; and any control 
devices or systems required by this subpart.
    First attempt at repair means to take action for the purpose of 
stopping or reducing leakage of organic material to the atmosphere, 
followed by monitoring as specified in Sec. 63.180 (b) and (c), as 
appropriate, to verify whether the leak is repaired, unless the owner or 
operator determines by other means that the leak is not repaired.
    Flow indicator means a device which indicates whether gas flow is, 
or whether the valve position would allow gas flow to be, present in a 
line.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and control 
system that gathers gaseous stream(s) generated by onsite operations, 
may blend them with other sources of gas, and transports the gaseous 
stream for use as fuel gas in combustion devices or in in-process 
combustion equipment such as furnaces and gas turbines, either singly or 
in combination.

[[Page 381]]

    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgement and standards, such as ANSI 
B31-3.
    In food/medical service means that a piece of equipment in organic 
hazardous air pollutant service contacts a process stream used to 
manufacture a Food and Drug Administration regulated product where 
leakage of a barrier fluid into the process stream would cause any of 
the following:
    (1) A dilution of product quality so that the product would not meet 
written specifications,
    (2) An exothermic reaction which is a safety hazard,
    (3) The intended reaction to be slowed down or stopped, or
    (4) An undesired side reaction to occur.
    In gas/vapor service means that a piece of equipment in organic 
hazardous air pollutant service contains a gas or vapor at operating 
conditions.
    In heavy liquid service means that a piece of equipment in organic 
hazardous air pollutant service is not in gas/vapor service or in light 
liquid service.
    In light liquid service means that a piece of equipment in organic 
hazardous air pollutant service contains a liquid that meets the 
following conditions:
    (1) The vapor pressure of one or more of the organic compounds is 
greater than 0.3 kilopascals at 20 [deg]C,
    (2) The total concentration of the pure organic compounds 
constituents having a vapor pressure greater than 0.3 kilopascals at 20 
[deg]C is equal to or greater than 20 percent by weight of the total 
process stream, and
    (3) The fluid is a liquid at operating conditions.
    Note: Vapor pressures may be determined by the methods described in 
40 CFR 60.485(e)(1).
    In liquid service means that a piece of equipment in organic 
hazardous air pollutant service is not in gas/vapor service.
    In organic hazardous air pollutant or in organic HAP service means 
that a piece of equipment either contains or contacts a fluid (liquid or 
gas) that is at least 5 percent by weight of total organic HAP's as 
determined according to the provisions of Sec. 63.180(d) of this 
subpart. The provisions of Sec. 63.180(d) of this subpart also specify 
how to determine that a piece of equipment is not in organic HAP 
service.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    In volatile organic compound or in VOC service means, for the 
purposes of this subpart, that:
    (1) The piece of equipment contains or contacts a process fluid that 
is at least 10 percent VOC by weight (see 40 CFR 60.2 for the definition 
of VOC, and 40 CFR 60.485(d) to determine whether a piece of equipment 
is not in VOC service); and
    (2) The piece of equipment is not in heavy liquid service as defined 
in 40 CFR 60.481.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    Initial start-up means the first time a new or reconstructed source 
begins production. Initial start-up does not include operation solely 
for testing equipment. Initial start-up does not include subsequent 
start-ups (as defined in this section) of process units following 
malfunctions or process unit shutdowns.
    Instrumentation system means a group of equipment components used to 
condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(e.g., composition, pressure, flow, etc.). Valves and connectors are the 
predominant type of equipment used in instrumentation systems; however, 
other types of equipment may also be included in these systems. Only 
valves nominally 0.5 inches and smaller, and connectors nominally 0.75 
inches and smaller in diameter are considered instrumentation systems 
for the purposes of this subpart. Valves greater than nominally 0.5 
inches and connectors greater than nominally 0.75 inches associated with 
instrumentation systems are not considered part of instrumentation 
systems and must be monitored individually.

[[Page 382]]

    Liquids dripping means any visible leakage from the seal including 
dripping, spraying, misting, clouding, and ice formation. Indications of 
liquid dripping include puddling or new stains that are indicative of an 
existing evaporated drip.
    Nonrepairable means that it is technically infeasible to repair a 
piece of equipment from which a leak has been detected without a process 
unit shutdown.
    On-site or On site means, with respect to records required to be 
maintained by this subpart, that the records are stored at a location 
within a major source which encompasses the affected source. On-site 
includes, but is not limited to, storage at the chemical manufacturing 
process unit to which the records pertain, or storage in central files 
elsewhere at the major source.
    Open-ended valve or line means any valve, except pressure relief 
valves, having one side of the valve seat in contact with process fluid 
and one side open to atmosphere, either directly or through open piping.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Polymerizing monomer means a molecule or compound usually containing 
carbon and of relatively low molecular weight and simple structure 
(e.g., hydrogen cyanide, acrylonitrile, styrene), which is capable of 
conversion to polymers, synthetic resins, or elastomers by combination 
with itself due to heat generation caused by a pump mechanical seal 
surface, contamination by a seal fluid (e.g., organic peroxides or 
chemicals that will form organic peroxides), or a combination of both 
with the resultant polymer buildup causing rapid mechanical seal 
failure.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the pressure 
relief device. This release can be one release or a series of releases 
over a short time period due to a malfunction in the process.
    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable working 
pressure of the process equipment. A common pressure relief device is a 
spring-loaded pressure relief valve. Devices that are actuated either by 
a pressure of less than or equal to 2.5 psig or by a vacuum are not 
pressure relief devices.
    Process unit means a chemical manufacturing process unit as defined 
in subpart F of this part, a process subject to the provisions of 
subpart I of this part, or a process subject to another subpart in 40 
CFR part 63 that references this subpart.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit or part of a process unit 
during which it is technically feasible to clear process material from a 
process unit or part of a process unit consistent with safety 
constraints and during which repairs can be effected. An unscheduled 
work practice or operational procedure that stops production from a 
process unit or part of a process unit for less than 24 hours is not a 
process unit shutdown. An unscheduled work practice or operational 
procedure that would stop production from a process unit or part of a 
process unit for a shorter period of time than would be required to 
clear the process unit or part of the process unit of materials and 
start up the unit, and would result in greater emissions than delay of 
repair of leaking components until the next scheduled process unit 
shutdown, is not a process unit shutdown. The use of spare equipment and 
technically feasible bypassing of equipment without stopping production 
are not process unit shutdowns.
    Recapture device means an individual unit of equipment capable of 
and used for the purpose of recovering chemicals, but not normally for 
use, reuse, or sale. Recapture devices include, but are not limited to, 
absorbers, carbon absorbers, and condensers.
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals for fuel value 
(i.e., net positive heating value), use, reuse, or

[[Page 383]]

for sale for fuel value, use or reuse. Recovery devices include, but are 
not limited to, absorbers, carbon absorbers, and condensers. For 
purposes of the monitoring, recordkeeping, and reporting requirements of 
this subpart, recapture devices are considered recovery devices.
    Repaired means that equipment:
    (1) Is adjusted, or otherwise altered, to eliminate a leak as 
defined in the applicable sections of this subpart, and
    (2) Unless otherwise specified in applicable provisions of this 
subpart, is monitored as specified in Sec. 63.180 (b) and (c), as 
appropriate, to verify that emissions from the equipment are below the 
applicable leak definition.
    Routed to a process or route to a process means the emissions are 
conveyed by hard-piping or a closed vent system to any enclosed portion 
of a process unit where the emissions are predominately recycled and/or 
consumed in the same manner as a material that fulfills the same 
function in the process; and/or transformed by chemical reaction into 
materials that are not organic hazardous air pollutants; and/or 
incorporated into a product; and/or recovered.
    Sampling connection system means an assembly of equipment within a 
process unit used during periods of representative operation to take 
samples of the process fluid. Equipment used to take non-routine grab 
samples is not considered a sampling connection system.
    Screwed connector means a threaded pipe fitting where the threads 
are cut on the pipe wall and the fitting requires only two pieces to 
make the connection (i.e., the pipe and the fitting).
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow rate, 
pH, or liquid level.
    Set pressure means the pressure at which a properly operating 
pressure relief device begins to open to relieve atypical process system 
operating pressure.
    Start-up means the setting in operation of a piece of equipment or a 
control device that is subject to this subpart.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a process 
unit (as defined in the specific subpart that references this subpart) 
when in-process storage, mixing, or management of flow rates or volumes 
is needed to assist in production of a product.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
60 FR 18024, 18029, Apr. 10, 1995; 61 FR 31439, June 20, 1996; 62 FR 
2788, Jan. 17, 1997]



Sec. 63.162  Standards: General.

    (a) Compliance with this subpart will be determined by review of the 
records required by Sec. 63.181 of this subpart and the reports 
required by Sec. 63.182 of this subpart, review of performance test 
results, and by inspections.
    (b)(1) An owner or operator may request a determination of 
alternative means of emission limitation to the requirements of 
Sec. Sec. 63.163 through 63.170, and Sec. Sec. 63.172 through 63.174 
of this subpart as provided in Sec. 63.177.
    (2) If the Administrator makes a determination that a means of 
emission limitation is a permissible alternative to the requirements of 
Sec. Sec. 63.163 through 63.170, and Sec. Sec. 63.172 through 63.174 
of this subpart, the owner or operator shall comply with the 
alternative.
    (c) Each piece of equipment in a process unit to which this subpart 
applies shall be identified such that it can be distinguished readily 
from equipment that is not subject to this subpart. Identification of 
the equipment does not require physical tagging of the equipment. For 
example, the equipment may be identified on a plant site plan, in log 
entries, or by designation of process unit boundaries by some form of 
weatherproof identification.
    (d) Equipment that is in vacuum service is excluded from the 
requirements of this subpart.
    (e) Equipment that is in organic HAP service less than 300 hours per 
calendar year is excluded from the requirements of Sec. Sec. 63.163 
through 63.174 of this subpart and Sec. 63.178 of this subpart if it is 
identified as required in Sec. 63.181(j) of this subpart.
    (f) When each leak is detected as specified in Sec. Sec. 63.163 and 
63.164; Sec. Sec. 63.168 and 63.169; and Sec. Sec. 63.172 through 
63.174 of

[[Page 384]]

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

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
62 FR 2789, Jan. 17, 1997; 68 FR 37345, June 23, 2003]



Sec. 63.163  Standards: Pumps in light liquid service.

    (a) The provisions of this section apply to each pump that is in 
light liquid service.
    (1) The provisions are to be implemented on the dates specified in 
the specific subpart in 40 CFR part 63 that references this subpart in 
the phases specified below:
    (i) For each group of existing process units at existing sources 
subject to the

[[Page 385]]

provisions of subparts F or I of this part, the phases of the standard 
are:
    (A) Phase I, beginning on the compliance date;
    (B) Phase II, beginning no later than 1 year after the compliance 
date; and
    (C) Phase III, beginning no later than 2\1/2\ years after the 
compliance date.
    (ii) For new sources subject to the provisions of subparts F or I of 
this part, the applicable phases of the standard are:
    (A) After initial start-up, comply with the Phase II requirements; 
and
    (B) Beginning no later than 1 year after initial start-up, comply 
with the Phase III requirements.
    (2) The owner or operator of a source subject to the provisions of 
subparts F or I of this part may elect to meet the requirements of a 
later phase during the time period specified for an earlier phase.
    (3) Sources subject to other subparts in 40 CFR part 63 that 
reference this subpart shall comply on the dates specified in the 
applicable subpart.
    (b)(1) The owner or operator of a process unit subject to this 
subpart shall monitor each pump monthly to detect leaks by the method 
specified in Sec. 63.180(b) of this subpart and shall comply with the 
requirements of paragraphs (a) through (d) of this section, except as 
provided in Sec. 63.162(b) of this subpart and paragraphs (e) through 
(j) of this section.
    (2) The instrument reading, as determined by the method as specified 
in Sec. 63.180(b) of this subpart, that defines a leak in each phase of 
the standard is:
    (i) For Phase I, an instrument reading of 10,000 parts per million 
or greater.
    (ii) For Phase II, an instrument reading of 5,000 parts per million 
or greater.
    (iii) For Phase III, an instrument reading of:
    (A) 5,000 parts per million or greater for pumps handling 
polymerizing monomers;
    (B) 2,000 parts per million or greater for pumps in food/medical 
service; and
    (C) 1,000 parts per million or greater for all other pumps.
    (3) Each pump shall be checked by visual inspection each calendar 
week for indications of liquids dripping from the pump seal. If there 
are indications of liquids dripping from the pump seal, a leak is 
detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in paragraph (c)(3) of this section or Sec. 63.171 
of this subpart.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected. First attempts at repair include, but 
are not limited to, the following practices where practicable:
    (i) Tightening of packing gland nuts.
    (ii) Ensuring that the seal flush is operating at design pressure 
and temperature.
    (3) For pumps in Phase III to which a 1,000 parts per million leak 
definition applies, repair is not required unless an instrument reading 
of 2,000 parts per million or greater is detected.
    (d)(1) The owner or operator shall decide no later than the first 
monitoring period whether to calculate percent leaking pumps on a 
process unit basis or on a source-wide basis. Once the owner or operator 
has decided, all subsequent percent calculations shall be made on the 
same basis.
    (2) If, in Phase III, calculated on a 6-month rolling average, the 
greater of either 10 percent of the pumps in a process unit or three 
pumps in a process unit leak, the owner or operator shall implement a 
quality improvement program for pumps that complies with the 
requirements of Sec. 63.176 of this subpart.
    (3) The number of pumps at a process unit shall be the sum of all 
the pumps in organic HAP service, except that pumps found leaking in a 
continuous process unit within 1 month after start-up of the pump shall 
not count in the percent leaking pumps calculation for that one 
monitoring period only.
    (4) Percent leaking pumps shall be determined by the following 
equation:

%PL=((PL-PS)/(PT-
PS))x100

where:

%PL=Percent leaking pumps
PL=Number of pumps found leaking as determined through 
          monthly monitoring as required in paragraphs (b)(1) and (b)(2) 
          of this section.

[[Page 386]]

PT=Total pumps in organic HAP service, including those 
          meeting the criteria in paragraphs (e) and (f) of this 
          section.
PS=Number of pumps leaking within 1 month of start-up during 
          the current monitoring period.

    (e) Each pump equipped with a dual mechanical seal system that 
includes a barrier fluid system is exempt from the requirements of 
paragraphs (a) through (d) of this section, provided the following 
requirements are met:
    (1) Each dual mechanical seal system is:
    (i) Operated with the barrier fluid at a pressure that is at all 
times greater than the pump stuffing box pressure; or
    (ii) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed-vent 
system to a control device that complies with the requirements of Sec. 
63.172 of this subpart; or
    (iii) Equipped with a closed-loop system that purges the barrier 
fluid into a process stream.
    (2) The barrier fluid is not in light liquid service.
    (3) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (4) Each pump is checked by visual inspection each calendar week for 
indications of liquids dripping from the pump seal.
    (i) If there are indications of liquids dripping from the pump seal 
at the time of the weekly inspection, the pump shall be monitored as 
specified in Sec. 63.180(b) of this subpart to determine if there is a 
leak of organic HAP in the barrier fluid.
    (ii) If an instrument reading of 1,000 parts per million or greater 
is measured, a leak is detected.
    (5) Each sensor as described in paragraph (e)(3) of this section is 
observed daily or is equipped with an alarm unless the pump is located 
within the boundary of an unmanned plant site.
    (6)(i) The owner or operator determines, based on design 
considerations and operating experience, criteria applicable to the 
presence and frequency of drips and to the sensor that indicates failure 
of the seal system, the barrier fluid system, or both.
    (ii) If indications of liquids dripping from the pump seal exceed 
the criteria established in paragraph (e)(6)(i) of this section, or if, 
based on the criteria established in paragraph (e)(6)(i) of this 
section, the sensor indicates failure of the seal system, the barrier 
fluid system, or both, a leak is detected.
    (iii) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 63.171 of this subpart.
    (iv) A first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (f) Any pump that is designed with no externally actuated shaft 
penetrating the pump housing is exempt from the requirements of 
paragraphs (a) through (c) of this section.
    (g) Any pump equipped with a closed-vent system capable of capturing 
and transporting any leakage from the seal or seals to a process or to a 
fuel gas system or to a control device that complies with the 
requirements of Sec. 63.172 of this subpart is exempt from the 
requirements of paragraphs (b) through (e) of this section.
    (h) Any pump that is located within the boundary of an unmanned 
plant site is exempt from the weekly visual inspection requirement of 
paragraphs (b)(3) and (e)(4) of this section, and the daily requirements 
of paragraph (e)(5) of this section, provided that each pump is visually 
inspected as often as practicable and at least monthly.
    (i) If more than 90 percent of the pumps at a process unit meet the 
criteria in either paragraph (e) or (f) of this section, the process 
unit is exempt from the requirements of paragraph (d) of this section.
    (j) Any pump that is designated, as described in Sec. 
63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor pump is exempt 
from the requirements of paragraphs (b) through (e) of this section if:
    (1) The owner or operator of the pump determines that the pump is 
unsafe to monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraphs (b) 
through (d) of this section; and
    (2) The owner or operator of the pump has a written plan that 
requires

[[Page 387]]

monitoring of the pump as frequently as practical during safe-to-monitor 
times, but not more frequently than the periodic monitoring schedule 
otherwise applicable.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
61 FR 31439, June 20, 1996; 62 FR 2789, Jan. 17, 1997; 64 FR 20198, Apr. 
26, 1999]



Sec. 63.164  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that 
includes a barrier fluid system and that prevents leakage of process 
fluid to the atmosphere, except as provided in Sec. 63.162(b) of this 
subpart and paragraphs (h) and (i) of this section.
    (b) Each compressor seal system as required in paragraph (a) of this 
section shall be:
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure; or
    (2) Equipped with a barrier fluid system degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed-vent 
system to a control device that complies with the requirements of Sec. 
63.172 of this subpart; or
    (3) Equipped with a closed-loop system that purges the barrier fluid 
directly into a process stream.
    (c) The barrier fluid shall not be in light liquid service.
    (d) Each barrier fluid system as described in paragraphs (a) through 
(c) of this section shall be equipped with a sensor that will detect 
failure of the seal system, barrier fluid system, or both.
    (e)(1) Each sensor as required in paragraph (d) of this section 
shall be observed daily or shall be equipped with an alarm unless the 
compressor is located within the boundary of an unmanned plant site.
    (2) The owner or operator shall determine, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (f) If the sensor indicates failure of the seal system, the barrier 
fluid system, or both based on the criterion determined under paragraph 
(e)(2) of this section, a leak is detected.
    (g)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 63.171 of this subpart.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (h) A compressor is exempt from the requirements of paragraphs (a) 
through (g) of this section if it is equipped with a closed-vent system 
to capture and transport leakage from the compressor drive shaft seal 
back to a process or a fuel gas system or to a control device that 
complies with the requirements of Sec. 63.172 of this subpart.
    (i) Any compressor that is designated, as described in Sec. 
63.181(b)(2)(ii) of this subpart, to operate with an instrument reading 
of less than 500 parts per million above background, is exempt from the 
requirements of paragraphs (a) through (h) of this section if the 
compressor:
    (1) Is demonstrated to be operating with an instrument reading of 
less than 500 parts per million above background, as measured by the 
method specified in Sec. 63.180(c) of this subpart; and
    (2) Is tested for compliance with paragraph (i)(1) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
62 FR 2790, Jan. 17, 1997; 64 FR 20198, Apr. 26, 1999]



Sec. 63.165  Standards: Pressure relief devices in gas/vapor service.

    (a) Except during pressure releases, each pressure relief device in 
gas/vapor service shall be operated with an instrument reading of less 
than 500 parts per million above background except as provided in 
paragraph (b) of this section, as measured by the method specified in 
Sec. 63.180(c) of this subpart.
    (b)(1) After each pressure release, the pressure relief device shall 
be returned to a condition indicated by an instrument reading of less 
than 500 parts per million above background, as soon as practicable, but 
no later than 5 calendar days after each pressure release, except as 
provided in Sec. 63.171 of this subpart.

[[Page 388]]

    (2) No later than 5 calendar days after the pressure release and 
being returned to organic HAP service, the pressure relief device shall 
be monitored to confirm the condition indicated by an instrument reading 
of less than 500 parts per million above background, as measured by the 
method specified in Sec. 63.180(c) of this subpart.
    (c) Any pressure relief device that is routed to a process or fuel 
gas system or equipped with a closed-vent system capable of capturing 
and transporting leakage from the pressure relief device to a control 
device as described in Sec. 63.172 of this subpart is exempt from the 
requirements of paragraphs (a) and (b) of this section.
    (d)(1) Any pressure relief device that is equipped with a rupture 
disk upstream of the pressure relief device is exempt from the 
requirements of paragraphs (a) and (b) of this section, provided the 
owner or operator complies with the requirements in paragraph (d)(2) of 
this section.
    (2) After each pressure release, a rupture disk shall be installed 
upstream of the pressure relief device as soon as practicable, but no 
later than 5 calendar days after each pressure release, except as 
provided in Sec. 63.171 of this subpart.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
62 FR 2790, Jan. 17, 1997]



Sec. 63.166  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a closed-
purge, closed-loop, or closed-vent system, except as provided in Sec. 
63.162(b) of this subpart. Gases displaced during filling of the sample 
container are not required to be collected or captured.
    (b) Each closed-purge, closed-loop, or closed-vent system as 
required in paragraph (a) of this section shall:
    (1) Return the purged process fluid directly to the process line; or
    (2) Collect and recycle the purged process fluid to a process; or
    (3) Be designed and operated to capture and transport the purged 
process fluid to a control device that complies with the requirements of 
Sec. 63.172 of this subpart; or
    (4) Collect, store, and transport the purged process fluid to a 
system or facility identified in paragraph (b)(4)(i), (ii), or (iii) of 
this section.
    (i) A waste management unit as defined in Sec. 63.111 of subpart G 
of this part, if the waste management unit is subject to, and operated 
in compliance with the provisions of subpart G of this part applicable 
to group 1 wastewater streams. If the purged process fluid does not 
contain any organic HAP listed in Table 9 of subpart G of part 63, the 
waste management unit need not be subject to, and operated in compliance 
with the requirements of 40 CFR part 63, subpart G applicable to group 1 
wastewater streams provided the facility has an NPDES permit or sends 
the wastewater to an NPDES permitted facility.
    (ii) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR part 262, 264, 265, or 266; or
    (iii) A facility permitted, licensed, or registered by a State to 
manage municipal or industrial solid waste, if the process fluids are 
not hazardous waste as defined in 40 CFR part 261.
    (c) In-situ sampling systems and sampling systems without purges are 
exempt from the requirements of paragraphs (a) and (b) of this section.

[59 FR 19568, Apr. 22, 1994, as amended at 61 FR 31439, June 20, 1996]



Sec. 63.167  Standards: Open-ended valves or lines.

    (a)(1) Each open-ended valve or line shall be equipped with a cap, 
blind flange, plug, or a second valve, except as provided in Sec. 
63.162(b) of this subpart and paragraphs (d) and (e) of this section.
    (2) The cap, blind flange, plug, or second valve shall seal the open 
end at all times except during operations requiring process fluid flow 
through the open-ended valve or line, or during maintenance or repair.
    (b) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the process fluid end is 
closed before the second valve is closed.
    (c) When a double block and bleed system is being used, the bleed 
valve or

[[Page 389]]

line may remain open during operations that require venting the line 
between the block valves but shall comply with paragraph (a) of this 
section at all other times.
    (d) Open-ended valves or lines in an emergency shutdown system which 
are designed to open automatically in the event of a process upset are 
exempt from the requirements of paragraphs (a), (b) and (c) of this 
section.
    (e) Open-ended valves or lines containing materials which would 
autocatalytically polymerize or, would present an explosion, serious 
overpressure, or other safety hazard if capped or equipped with a double 
block and bleed system as specified in paragraphs (a) through (c) of 
this section are exempt from the requirements of paragraph (a) through 
(c) of this section.

[59 FR 19568, Apr. 22, 1994, as amended at 61 FR 31440, June 20, 1996]



Sec. 63.168  Standards: Valves in gas/vapor service and in light liquid 

service.

    (a) The provisions of this section apply to valves that are either 
in gas service or in light liquid service.
    (1) The provisions are to be implemented on the dates set forth in 
the specific subpart in 40 CFR part 63 that references this subpart as 
specified in paragraph (a)(1)(i), (a)(1)(ii), or (a)(1)(iii) of this 
section.
    (i) For each group of existing process units at existing sources 
subject to the provisions of subpart F or I of this part, the phases of 
the standard are:
    (A) Phase I, beginning on the compliance date;
    (B) Phase II, beginning no later than 1 year after the compliance 
date; and
    (C) Phase III, beginning no later than 2\1/2\ years after the 
compliance date.
    (ii) For new sources subject to the provisions of subpart F or I of 
this part, the applicable phases of the standard are:
    (A) After initial start-up, comply with the Phase II requirements; 
and
    (B) Beginning no later than 1 year after initial start-up, comply 
with the Phase III requirements.
    (iii) Sources subject to other subparts in 40 CFR part 63 that 
reference this subpart shall comply on the dates specified in the 
applicable subpart.
    (2) The owner or operator of a source subject to this subpart may 
elect to meet the requirements of a later phase during the time period 
specified for an earlier phase.
    (3) The use of monitoring data generated before April 22, 1994 to 
qualify for less frequent monitoring is governed by the provisions of 
Sec. 63.180(b)(6) of this subpart.
    (b) The owner or operator of a source subject to this subpart shall 
monitor all valves, except as provided in Sec. 63.162(b) of this 
subpart and paragraphs (h) and (i) of this section, at the intervals 
specified in paragraphs (c) and (d) of this section and shall comply 
with all other provisions of this section, except as provided in 
Sec. Sec. 63.171, 63.177, 63.178, and 63.179 of this subpart.
    (1) The valves shall be monitored to detect leaks by the method 
specified in Sec. 63.180(b) of this subpart.
    (2) The instrument reading that defines a leak in each phase of the 
standard is:
    (i) For Phase I, an instrument reading of 10,000 parts per million 
or greater.
    (ii) For Phase II, an instrument reading of 500 parts per million or 
greater.
    (iii) For Phase III, an instrument reading of 500 parts per million 
or greater.
    (c) In Phases I and II, each valve shall be monitored quarterly.
    (d) In Phase III, the owner or operator shall monitor valves for 
leaks at the intervals specified below:
    (1) At process units with 2 percent or greater leaking valves, 
calculated according to paragraph (e) of this section, the owner or 
operator shall either:
    (i) Monitor each valve once per month; or
    (ii) Within the first year after the onset of Phase III, implement a 
quality improvement program for valves that complies with the 
requirements of Sec. 63.175 (d) or (e) of this subpart and monitor 
quarterly.
    (2) At process units with less than 2 percent leaking valves, the 
owner or operator shall monitor each valve once each quarter, except as 
provided in paragraphs (d)(3) and (d)(4) of this section.
    (3) At process units with less than 1 percent leaking valves, the 
owner or

[[Page 390]]

operator may elect to monitor each valve once every 2 quarters.
    (4) At process units with less than 0.5 percent leaking valves, the 
owner or operator may elect to monitor each valve once every 4 quarters.
    (e)(1) Percent leaking valves at a process unit shall be determined 
by the following equation:

%VL=(VL/(VT+VC))x100

where:

%VL=Percent leaking valves as determined through periodic 
          monitoring required in paragraphs (b) through (d) of this 
          section.
VL=Number of valves found leaking excluding nonrepairables as 
          provided in paragraph (e)(3)(i) of this section.
VT=Total valves monitored, in a monitoring period excluding 
          valves monitored as required by (f)(3) of this section.
VC=Optional credit for removed valves=0.67 x net number 
          (i.e., total removed-total added) of valves in organic HAP 
          service removed from process unit after the date set forth in 
          Sec. 63.100(k) of subpart F for existing process units, and 
          after the date of initial start-up for new sources. If credits 
          are not taken, then VC=0.

    (2) For use in determining monitoring frequency, as specified in 
paragraph (d) of this section, the percent leaking valves shall be 
calculated as a rolling average of two consecutive monitoring periods 
for monthly, quarterly, or semiannual monitoring programs; and as an 
average of any three out of four consecutive monitoring periods for 
annual monitoring programs.
    (3)(i) Nonrepairable valves shall be included in the calculation of 
percent leaking valves the first time the valve is identified as leaking 
and nonrepairable and as required to comply with paragraph (e)(3)(ii) of 
this section. Otherwise, a number of nonrepairable valves (identified 
and included in the percent leaking calculation in a previous period) up 
to a maximum of 1 percent of the total number of valves in organic HAP 
service at a process unit may be excluded from calculation of percent 
leaking valves for subsequent monitoring periods.
    (ii) If the number of nonrepairable valves exceeds 1 percent of the 
total number of valves in organic HAP service at a process unit, the 
number of nonrepairable valves exceeding 1 percent of the total number 
of valves in organic HAP service shall be included in the calculation of 
percent leaking valves.
    (f)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected, except as provided in Sec. 63.171 of this subpart.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (3) When a leak has been repaired, the valve shall be monitored at 
least once within the first 3 months after its repair.
    (i) The monitoring shall be conducted as specified in Sec. 63.180 
(b) and (c), as appropriate, to determine whether the valve has resumed 
leaking.
    (ii) Periodic monitoring required by paragraphs (b) through (d) of 
this section may be used to satisfy the requirements of this paragraph 
(f)(3), if the timing of the monitoring period coincides with the time 
specified in this paragraph (f)(3). Alternatively, other monitoring may 
be performed to satisfy the requirements of this paragraph (f)(3), 
regardless of whether the timing of the monitoring period for periodic 
monitoring coincides with the time specified in this paragraph (f)(3).
    (iii) If a leak is detected by monitoring that is conducted pursuant 
to paragraph (f)(3) of this section, the owner or operator shall follow 
the provisions of paragraphs (f)(3)(iii)(A) and (f)(3)(iii)(B) of this 
section, to determine whether that valve must be counted as a leaking 
valve for purposes of Sec. 63.168(e) of this subpart.
    (A) If the owner or operator elected to use periodic monitoring 
required by paragraphs (b) through (d) of this section to satisfy the 
requirements of paragraph (f)(3) of this section, then the valve shall 
be counted as a leaking valve.
    (B) If the owner or operator elected to use other monitoring, prior 
to the periodic monitoring required by paragraphs (b) through (d) of 
this section, to satisfy the requirements of paragraph (f)(3) of this 
section, then the valve shall be counted as a leaking valve unless it is 
repaired and shown by periodic monitoring not to be leaking.

[[Page 391]]

    (g) First attempts at repair include, but are not limited to, the 
following practices where practicable:
    (1) Tightening of bonnet bolts,
    (2) Replacement of bonnet bolts,
    (3) Tightening of packing gland nuts, and
    (4) Injection of lubricant into lubricated packing.
    (h) Any valve that is designated, as described in Sec. 
63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor valve is exempt 
from the requirements of paragraphs (b) through (f) of this section if:
    (1) The owner or operator of the valve determines that the valve is 
unsafe to monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraphs (b) 
through (d) of this section; and
    (2) The owner or operator of the valve has a written plan that 
requires monitoring of the valve as frequently as practicable during 
safe-to-monitor times, but not more frequently than the periodic 
monitoring schedule otherwise applicable.
    (i) Any valve that is designated, as described in Sec. 
63.181(b)(7)(ii) of this subpart, as a difficult-to-monitor valve is 
exempt from the requirements of paragraphs (b) through (d) of this 
section if:
    (1) The owner or operator of the valve determines that the valve 
cannot be monitored without elevating the monitoring personnel more than 
2 meters above a support surface or it is not accessible at anytime in a 
safe manner;
    (2) The process unit within which the valve is located is an 
existing source or the owner or operator designates less than 3 percent 
of the total number of valves in a new source as difficult-to-monitor; 
and
    (3) The owner or operator of the valve follows a written plan that 
requires monitoring of the valve at least once per calendar year.
    (j) Any equipment located at a plant site with fewer than 250 valves 
in organic HAP service is exempt from the requirements for monthly 
monitoring and a quality improvement program specified in paragraph 
(d)(1) of this section. Instead, the owner or operator shall monitor 
each valve in organic HAP service for leaks once each quarter, or comply 
with paragraph (d)(3) or (d)(4) of this section except as provided in 
paragraphs (h) and (i) of this section.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
61 FR 31440, June 20, 1996; 62 FR 2790, Jan. 17, 1997]



Sec. 63.169  Standards: Pumps, valves, connectors, and agitators in heavy 

liquid service; instrumentation systems; and pressure relief devices in liquid 

service.

    (a) Pumps, valves, connectors, and agitators in heavy liquid 
service, pressure relief devices in light liquid or heavy liquid 
service, and instrumentation systems shall be monitored within 5 
calendar days by the method specified in Sec. 63.180(b) of this subpart 
if evidence of a potential leak to the atmosphere is found by visual, 
audible, olfactory, or any other detection method. If such a potential 
leak is repaired as required in paragraphs (c) and (d) of this section, 
it is not necessary to monitor the system for leaks by the method 
specified in Sec. 63.180(b) of this subpart.
    (b) If an instrument reading of 10,000 parts per million or greater 
for agitators, 5,000 parts per million or greater for pumps handling 
polymerizing monomers, 2,000 parts per million or greater for all other 
pumps (including pumps in food/medical service), or 500 parts per 
million or greater for valves, connectors, instrumentation systems, and 
pressure relief devices is measured, a leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 63.171 of this subpart.
    (2) The first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (3) For equipment identified in paragraph (a) of this section that 
is not monitored by the method specified in Sec. 63.180(b), repaired 
shall mean that the visual, audible, olfactory, or other indications of 
a leak to the atmosphere have been eliminated; that no bubbles are 
observed at potential leak sites during a leak check using soap 
solution; or that the system will hold a test pressure.
    (d) First attempts at repair include, but are not limited to, the 
practices described under Sec. Sec. 63.163(c)(2) and 63.168(g)

[[Page 392]]

of this subpart, for pumps and valves, respectively.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 
60 FR 18029, Apr. 10, 1995; 62 FR 2790, Jan. 17, 1997; 65 FR 78285, Dec. 
14, 2000]



Sec. 63.170  Standards: Surge control vessels and bottoms receivers.

    Each surge control vessel or bottoms receiver that is not routed 
back to the process and that meets the conditions specified in table 2 
or table 3 of this subpart shall be equipped with a closed-vent system 
that routes the organic vapors vented from the surge control vessel or 
bottoms receiver back to the process or to a control device that 
complies with the requirements in Sec. 63.172 of this subpart, except 
as provided in Sec. 63.162(b) of this subpart, or comply with the 
requirements of Sec. 63.119(b) or (c) of subpart G of this part.

[60 FR 18024, Apr. 10, 1995]



Sec. 63.171  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected 
is allowed if repair within 15 days is technically infeasible without a 
process unit shutdown. Repair of this equipment shall occur by the end 
of the next process unit shutdown.
    (b) Delay of repair of equipment for which leaks have been detected 
is allowed for equipment that is isolated from the process and that does 
not remain in organic HAP service.
    (c) Delay of repair for valves, connectors, and agitators is also 
allowed if:
    (1) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair, and
    (2) When repair procedures are effected, the purged material is 
collected and destroyed or recovered in a control device complying with 
Sec. 63.172 of this subpart.
    (d) Delay of repair for pumps is also allowed if:
    (1) Repair requires replacing the existing seal design with a new 
system that the owner or operator has determined under the provisions of 
Sec. 63.176(d) of this subpart will provide better performance or:
    (i) A dual mechanical seal system that meets the requirements of 
Sec. 63.163(e) of this subpart,
    (ii) A pump that meets the requirements of Sec. 63.163(f) of this 
subpart, or
    (iii) A closed-vent system and control device that meets the 
requirements of Sec. 63.163(g) of this subpart; and
    (2) Repair is completed as soon as practicable, but not later than 6 
months after the leak was detected.
    (e) Delay of repair beyond a process unit shutdown will be allowed 
for a valve if valve assembly replacement is necessary during the 
process unit shutdown, valve assembly supplies have been depleted, and 
valve assembly supplies had been sufficiently stocked before the 
supplies were depleted. Delay of repair beyond the second process unit 
shutdown will not be allowed unless the third process unit shutdown 
occurs sooner than 6 months after the first process unit shutdown.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 
65 FR 78285, Dec. 14, 2000]



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

    (a) Owners or operators of closed-vent systems and control devices 
used to comply with provisions of this subpart shall comply with the 
provisions of this section, except as provided in Sec. 63.162(b) of 
this subpart.
    (b) Recovery or recapture devices (e.g., condensers and absorbers) 
shall be designed and operated to recover the organic hazardous air 
pollutant emissions or volatile organic compounds emissions vented to 
them with an efficiency of 95 percent or greater, or to an exit 
concentration of 20 parts par million by volume, whichever is less 
stringent. The 20 parts per million by volume performance standard is 
not applicable to the provisions of Sec. 63.179.
    (c) Enclosed combustion devices shall be designed and operated to 
reduce the organic hazardous air pollutant emissions or volatile organic 
compounds emissions vented to them with an efficiency of 95 percent or 
greater, or to an exit concentration of 20 parts per million by volume, 
on a dry basis, corrected to 3 percent oxygen, whichever

[[Page 393]]

is less stringent, or to provide a minimum residence time of 0.50 
seconds at a minimum temperature of 760 [deg]C.
    (d) Flares used to comply with this subpart shall comply with the 
requirements of Sec. 63.11(b) of subpart A of this part.
    (e) Owners or operators of control devices that are used to comply 
with the provisions of this subpart shall monitor these control devices 
to ensure that they are operated and maintained in conformance with 
their design.
    Note: The intent of this provision is to ensure proper operation and 
maintenance of the control device.
    (f) Except as provided in paragraphs (k) and (l) of this section, 
each closed-vent system shall be inspected according to the procedures 
and schedule specified in paragraphs (f)(1) and (f)(2) of this section.
    (1) If the closed-vent system is constructed of hard-piping, the 
owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
paragraph (g) of this section, and
    (ii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (2) If the vapor collection system or closed-vent system is 
constructed of duct work, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
paragraph (g) of this section, and
    (ii) Conduct annual inspections according to the procedures in 
paragraph (g) of this section.
    (g) Each closed-vent system shall be inspected according to the 
procedures in Sec. 63.180(b) of this subpart.
    (h) Leaks, as indicated by an instrument reading greater than 500 
parts per million above background or by visual inspections, shall be 
repaired as soon as practicable, except as provided in paragraph (i) of 
this section.
    (1) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (2) Repair shall be completed no later than 15 calendar days after 
the leak is detected, except as provided in paragraph (i) of this 
section.
    (i) Delay of repair of a closed-vent system for which leaks have 
been detected is allowed if the repair is technically infeasible without 
a process unit shutdown or if the owner or operator determines that 
emissions resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair. Repair of such 
equipment shall be complete by the end of the next process unit 
shutdown.
    (j) For each closed-vent system that contains bypass lines that 
could divert a vent stream away from the control device and to the 
atmosphere, the owner or operator shall comply with the provisions of 
either paragraph (j)(1) or (j)(2) of this section, except as provided in 
paragraph (j)(3) of this section.
    (1) Install, set or adjust, maintain, and operate a flow indicator 
that takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.118(a)(3) of subpart G of this part. 
The flow indicator shall be installed at the entrance to any bypass 
line; or
    (2) Secure the bypass line valve in the non-diverting position with 
a car-seal or a lock-and-key type configuration. A visual inspection of 
the seal or closure mechanism shall be performed at least once every 
month to ensure the valve is maintained in the non-diverting position 
and the vent stream is not diverted through the bypass line.
    (3) Equipment such as low leg drains, high point bleeds, analyzer 
vents, open-ended valves or lines, and pressure relief valves needed for 
safety purposes are not subject to this paragraph.
    (k) Any parts of the closed-vent system that are designated, as 
described in paragraph 63.181(b)(7)(i), as unsafe to inspect are exempt 
from the inspection requirements of paragraphs (f)(1) and (f)(2) of this 
section if:
    (1) The owner or operator determines that the equipment is unsafe to 
inspect because inspecting personnel would be exposed to an imminent or 
potential danger as a consequence of complying with paragraph (f)(1) or 
(f)(2) of this section; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times, but not more frequently than annually.
    (l) Any parts of the closed-vent system that are designated, as 
described in Sec. 63.181 (b)(7)(i) of this subpart, as

[[Page 394]]

difficult to inspect are exempt from the inspection requirements of 
paragraphs (f)(1) and (f)(2) of this section if:
    (1) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (m) Whenever organic HAP emissions are vented to a closed-vent 
system or control device used to comply with the provisions of this 
subpart, such system or control device shall be operating.
    (n) After the compliance dates specified in Sec. 63.100 of subpart 
F of this part, the owner or operator of any control device subject to 
this subpart that is also subject to monitoring, recordkeeping, and 
reporting requirements in 40 CFR part 264, subpart BB, or is subject to 
monitoring and recordkeeping requirements in 40 CFR part 265, subpart 
BB, may elect to comply either with the monitoring, recordkeeping, and 
reporting requirements of this subpart, or with the monitoring, 
recordkeeping, and reporting requirements in 40 CFR parts 264 and/or 
265, as described in this paragraph, which shall constitute compliance 
with the monitoring, recordkeeping and reporting requirements of this 
subpart. The owner or operator shall identify which option has been 
chosen, in the next periodic report required by Sec. 63.182(d).

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



Sec. 63.173  Standards: Agitators in gas/vapor service and in light liquid 

service.

    (a)(1) Each agitator shall be monitored monthly to detect leaks by 
the methods specified in Sec. 63.180(b) of this subpart, except as 
provided in Sec. 63.162(b) of this subpart.
    (2) If an instrument reading of 10,000 parts per million or greater 
is measured, a leak is detected.
    (b)(1) Each agitator shall be checked by visual inspection each 
calendar week for indications of liquids dripping from the agitator.
    (2) If there are indications of liquids dripping from the agitator, 
a leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 63.171 of this subpart.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (d) Each agitator equipped with a dual mechanical seal system that 
includes a barrier fluid system is exempt from the requirements of 
paragraph (a) of this section, provided the requirements specified in 
paragraphs (d)(1) through (d)(6) of this section are met:
    (1) Each dual mechanical seal system is:
    (i) Operated with the barrier fluid at a pressure that is at all 
times greater than the agitator stuffing box pressure; or
    (ii) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed-vent 
system to a control device that complies with the requirements of Sec. 
63.172 of this subpart; or
    (iii) Equipped with a closed-loop system that purges the barrier 
fluid into a process stream.
    (2) The barrier fluid is not in light liquid organic HAP service.
    (3) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (4) Each agitator is checked by visual inspection each calendar week 
for indications of liquids dripping from the agitator seal.
    (i) If there are indications of liquids dripping from the agitator 
seal at the time of the weekly inspection, the agitator shall be 
monitored as specified in Sec. 63.180(b) of this subpart to determine 
the presence of organic HAP in the barrier fluid.
    (ii) If an instrument reading of 10,000 parts per million or greater 
is measured, a leak is detected.
    (5) Each sensor as described in paragraph (d)(3) of this section is 
observed daily or is equipped with an alarm unless the agitator is 
located within the boundary of an unmanned plant site.

[[Page 395]]

    (6)(i) The owner or operator determines, based on design 
considerations and operating experience, criteria applicable to the 
presence and frequency of drips and to the sensor that indicates failure 
of the seal system, the barrier fluid system, or both.
    (ii) If indications of liquids dripping from the agitator seal 
exceed the criteria established in paragraph (d)(6)(i) of this section, 
or if, based on the criteria established in paragraph (d)(6)(i) of this 
section, the sensor indicates failure of the seal system, the barrier 
fluid system, or both, a leak is detected.
    (iii) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 63.171 of this subpart.
    (iv) A first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (e) Any agitator that is designed with no externally actuated shaft 
penetrating the agitator housing is exempt from paragraphs (a) through 
(c) of this section.
    (f) Any agitator equipped with a closed-vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
process or fuel gas system or to a control device that complies with the 
requirements of Sec. 63.172 of this subpart is exempt from the 
requirements of paragraphs (a) through (c) of the section.
    (g) Any agitator that is located within the boundary of an unmanned 
plant site is exempt from the weekly visual inspection requirement of 
paragraphs (b)(1) and (d)(4) of this section, and the daily requirements 
of paragraph (d)(5) of this section, provided that each agitator is 
visually inspected as often as practical and at least monthly.
    (h) Any agitator that is difficult-to-monitor is exempt from the 
requirements of paragraphs (a) through (d) of this section if:
    (1) The owner or operator determines that the agitator cannot be 
monitored without elevating the monitoring personnel more than two 
meters above a support surface or it is not accessible at anytime in a 
safe manner;
    (2) The process unit within which the agitator is located is an 
existing source or the owner or operator designates less than three 
percent of the total number of agitators in a new source as difficult-
to-monitor; and
    (3) The owner or operator follows a written plan that requires 
monitoring of the agitator at least once per calendar year.
    (i) Any agitator that is obstructed by equipment or piping that 
prevents access to the agitator by a monitor probe is exempt from the 
monitoring requirements of paragraphs (a) through (d) of this section.
    (j) Any agitator that is designated, as described in Sec. 
63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor agitator is 
exempt from the requirements of paragraphs (a) through (d) of this 
section if:
    (1) The owner or operator of the agitator determines that the 
agitator is unsafe to monitor because monitoring personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraphs (a) through (d) of this section; and
    (2) The owner or operator of the agitator has a written plan that 
requires monitoring of the agitator as frequently as practical during 
safe-to-monitor times, but not more frequently than the periodic 
monitoring schedule otherwise applicable.

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



Sec. 63.174  Standards: Connectors in gas/vapor service and in light liquid 

service.

    (a) The owner or operator of a process unit subject to this subpart 
shall monitor all connectors in gas/vapor and light liquid service, 
except as provided in Sec. 63.162(b) of this subpart, and in paragraphs 
(f) through (h) of this section, at the intervals specified in paragraph 
(b) of this section.
    (1) The connectors shall be monitored to detect leaks by the method 
specified in Sec. 63.180(b) of this subpart.
    (2) If an instrument reading greater than or equal to 500 parts per 
million is measured, a leak is detected.
    (b) The owner or operator shall monitor for leaks at the intervals 
specified in either paragraph (b)(1) or (b)(2) of

[[Page 396]]

this section and in paragraph (b)(3) of this section.
    (1) For each group of existing process units within an existing 
source, by no later than 12 months after the compliance date, the owner 
or operator shall monitor all connectors, except as provided in 
paragraphs (f) through (h) of this section.
    (2) For new sources, within the first 12 months after initial start-
up or by no later than 12 months after the date of promulgation of a 
specific subpart that references this subpart, whichever is later, the 
owner or operator shall monitor all connectors, except as provided in 
paragraphs (f) through (h) of this section.
    (3) After conducting the initial survey required in paragraph (b)(1) 
or (b)(2) of this section, the owner or operator shall perform all 
subsequent monitoring of connectors at the frequencies specified in 
paragraphs (b)(3)(i) through (b)(3)(v) of this section, except as 
provided in paragraph (c)(2) of this section:
    (i) Once per year (i.e., 12-month period), if the percent leaking 
connectors in the process unit was 0.5 percent or greater during the 
last required annual or biennial monitoring period.
    (ii) Once every 2 years, if the percent leaking connectors was less 
than 0.5 percent during the last required monitoring period. An owner or 
operator may comply with this paragraph by monitoring at least 40 
percent of the connectors in the first year and the remainder of the 
connectors in the second year. The percent leaking connectors will be 
calculated for the total of all monitoring performed during the 2-year 
period.
    (iii) If the owner or operator of a process unit in a biennial leak 
detection and repair program calculates less than 0.5 percent leaking 
connectors from the 2-year monitoring period, the owner or operator may 
monitor the connectors one time every 4 years. An owner or operator may 
comply with the requirements of this paragraph by monitoring at least 20 
percent of the connectors each year until all connectors have been 
monitored within 4 years.
    (iv) If a process unit complying with the requirements of paragraph 
(b) of this section using a 4-year monitoring interval program has 
greater than or equal to 0.5 percent but less than 1 percent leaking 
connectors, the owner or operator shall increase the monitoring 
frequency to one time every 2 years. An owner or operator may comply 
with the requirements of this paragraph by monitoring at least 40 
percent of the connectors in the first year and the remainder of the 
connectors in the second year. The owner or operator may again elect to 
use the provisions of paragraph (b)(3)(iii) of this section when the 
percent leaking connectors decreases to less than 0.5 percent.
    (v) If a process unit complying with requirements of paragraph 
(b)(3)(iii) of this section using a 4-year monitoring interval program 
has 1 percent or greater leaking connectors, the owner or operator shall 
increase the monitoring frequency to one time per year. The owner or 
operator may again elect to use the provisions of paragraph (b)(3)(iii) 
of this section when the percent leaking connectors decreases to less 
than 0.5 percent.
    (4) The use of monitoring data generated before April 22, 1994 to 
qualify for less frequent monitoring is governed by the provisions of 
Sec. 63.180(b)(6).
    (c)(1)(i) Except as provided in paragraph (c)(1)(ii) of this 
section, each connector that has been opened or has otherwise had the 
seal broken shall be monitored for leaks when it is reconnected or 
within the first 3 months after being returned to organic hazardous air 
pollutants service. If the monitoring detects a leak, it shall be 
repaired according to the provisions of paragraph (d) of this section, 
unless it is determined to be nonrepairable, in which case it is counted 
as a nonrepairable connector for the purposes of paragraph (i)(2) of 
this section.
    (ii) As an alternative to the requirements in paragraph (c)(1)(i) of 
this section, an owner or operator may choose not to monitor connectors 
that have been opened or otherwise had the seal broken. In this case, 
the owner or operator may not count nonrepairable connectors for the 
purposes of paragraph (i)(2) of this section. The owner or operator 
shall calculate the percent leaking connectors for the monitoring 
periods described in paragraph (b) of this

[[Page 397]]

section, by setting the nonrepairable component, CAN, in the 
equation in paragraph (i)(2) of this section to zero for all monitoring 
periods.
    (iii) An owner or operator may switch alternatives described in 
paragraphs (c)(1) (i) and (ii) of this section at the end of the current 
monitoring period he is in, provided that it is reported as required in 
Sec. 63.182 of this subpart and begin the new alternative in annual 
monitoring. The initial monitoring in the new alternative shall be 
completed no later than 12 months after reporting the switch.
    (2) As an alternative to the requirements of paragraph (b)(3) of 
this section, each screwed connector 2 inches or less in nominal inside 
diameter installed in a process unit before the dates specified in 
paragraph (c)(2)(iii) or (c)(2)(iv) of this section may:
    (i) Comply with the requirements of Sec. 63.169 of this subpart, 
and
    (ii) Be monitored for leaks within the first 3 months after being 
returned to organic hazardous air pollutants service after having been 
opened or otherwise had the seal broken. If that monitoring detects a 
leak, it shall be repaired according to the provisions of paragraph (d) 
of this section.
    (iii) For sources subject to subparts F and I of this part, the 
provisions of paragraph (c)(2) of this section apply to screwed 
connectors installed before December 31, 1992.
    (iv) For sources not identified in paragraph (c)(2)(iii) of this 
section, the provisions of paragraph (c)(2) of this section apply to 
screwed connectors installed before the date of proposal of the 
applicable subpart of this part that references this subpart.
    (d) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected, except as provided in paragraph (g) of this section and in 
Sec. 63.171 of this subpart. A first attempt at repair shall be made no 
later than 5 calendar days after the leak is detected.
    (e) [Reserved]
    (f) Any connector that is designated, as described in Sec. 
63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor connector is 
exempt from the requirements of paragraph (a) of this section if:
    (1) The owner or operator determines that the connector is unsafe to 
monitor because personnel would be exposed to an immediate danger as a 
result of complying with paragraphs (a) through (e) of this section; and
    (2) The owner or operator has a written plan that requires 
monitoring of the connector as frequently as practicable during safe to 
monitor periods, but not more frequently than the periodic schedule 
otherwise applicable.
    (g) Any connector that is designated, as described in Sec. 
63.181(b)(7)(iii) of this subpart, as an unsafe-to-repair connector is 
exempt from the requirements of paragraphs (a), (d), and (e) of this 
section if:
    (1) The owner or operator determines that repair personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraph (d) of this section; and
    (2) The connector will be repaired before the end of the next 
scheduled process unit shutdown.
    (h)(1) Any connector that is inaccessible or is ceramic or ceramic-
lined (e.g., porcelain, glass, or glass-lined), is exempt from the 
monitoring requirements of paragraphs (a) and (c) of this section and 
from the recordkeeping and reporting requirements of Sec. 63.181 and 
Sec. 63.182 of this subpart. An inaccessible connector is one that is:
    (i) Buried;
    (ii) Insulated in a manner that prevents access to the connector by 
a monitor probe;
    (iii) Obstructed by equipment or piping that prevents access to the 
connector by a monitor probe;
    (iv) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold which would allow access to connectors up to 7.6 meters 
(25 feet) above the ground;
    (v) Inaccessible because it would require elevating the monitoring 
personnel more than 2 meters above a permanent support surface or would 
require the erection of scaffold; or
    (vi) Not able to be accessed at any time in a safe manner to perform 
monitoring. Unsafe access includes, but is not limited to, the use of a 
wheeled

[[Page 398]]

scissor-lift on unstable or uneven terrain, the use of a motorized man-
lift basket in areas where an ignition potential exists, or access would 
require near proximity to hazards such as electrical lines, or would 
risk damage to equipment.
    (2) If any inaccessible or ceramic or ceramic-lined connector is 
observed by visual, audible, olfactory, or other means to be leaking, 
the leak shall be repaired as soon as practicable, but no later than 15 
calendar days after the leak is detected, except as provided in Sec. 
63.171 of this subpart and paragraph (g) of this section.
    (3) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (i) For use in determining the monitoring frequency, as specified in 
paragraph (b) of this section, the percent leaking connectors shall be 
calculated as specified in paragraphs (i)(1) and (i)(2) of this section.
    (1) For the first monitoring period, use the following equation:

% CL = CL/(Ct + CC) x 100

where:

% CL= Percent leaking connectors as determined through 
          periodic monitoring required in paragraphs (a) and (b) of this 
          section.
CL= Number of connectors measured at 500 parts per million or 
          greater, by the method specified in Sec. 63.180(b) of this 
          subpart.
Ct= Total number of monitored connectors in the process unit.
CC= Optional credit for removed connectors = 0.67 x net 
          (i.e., total removed--total added) number of connectors in 
          organic hazardous air pollutants service removed from the 
          process unit after the compliance date set forth in the 
          applicable subpart for existing process units, and after the 
          date of initial start-up for new process units. If credits are 
          not taken, then CC= 0.

    (2) For subsequent monitoring periods, use the following equation:

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

where:

% CL= Percent leaking connectors as determined through 
          periodic monitoring required in paragraphs (a) and (b) of this 
          section.
CL= Number of connectors, including nonrepairables, measured 
          at 500 parts per million or greater, by the method specified 
          in Sec. 63.180(b) of this subpart.
CAN= Number of allowable nonrepairable connectors, as 
          determined by monitoring required in paragraphs (b)(3) and (c) 
          of this section, not to exceed 2 percent of the total 
          connector population, Ct.
Ct= Total number of monitored connectors, including 
          nonrepairables, in the process unit.
CC= Optional credit for removed connectors = 0.67 x net 
          number (i.e., total removed--total added) of connectors in 
          organic hazardous air pollutants service removed from the 
          process unit after the compliance date set forth in the 
          applicable subpart for existing process units, and after the 
          date of initial start-up for new process units. If credits are 
          not taken, then CC= 0.

    (j) Optional credit for removed connectors. If an owner or operator 
eliminates a connector subject to monitoring under paragraph (b) of this 
section, the owner or operator may receive credit for elimination of the 
connector, as described in paragraph (i) of this section, provided the 
requirements in paragraphs (j)(1) through (j)(4) are met.
    (1) The connector was welded after the date of proposal of the 
specific subpart that references this subpart.
    (2) The integrity of the weld is demonstrated by monitoring it 
according to the procedures in Sec. 63.180(b) of this subpart or by 
testing using X-ray, acoustic monitoring, hydrotesting, or other 
applicable method.
    (3) Welds created after the date of proposal but before the date of 
promulgation of a specific subpart that references this subpart are 
monitored or tested by 3 months after the compliance date specified in 
the applicable subpart.
    (4) Welds created after promulgation of the subpart that references 
this subpart are monitored or tested within 3 months after being welded.
    (5) If an inadequate weld is found or the connector is not welded 
completely around the circumference, the connector is not considered a 
welded connector and is therefore not exempt from the provisions of this 
subpart.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 
61 FR 31440, June 20, 1996; 62 FR 2791, Jan. 17, 1997]

[[Page 399]]



Sec. 63.175  Quality improvement program for valves.

    (a) In Phase III, an owner or operator may elect to comply with one 
of the alternative quality improvement programs specified in paragraphs 
(d) and (e) of this section. The decision to use one of these 
alternative provisions to comply with the requirements of Sec. 
63.168(d)(1)(ii) of this subpart must be made during the first year of 
Phase III for existing process units and for new process units.
    (b) An owner or operator of a process unit subject to the 
requirements of paragraph (d) or (e) of this section shall comply with 
those requirements until the process unit has fewer than 2 percent 
leaking valves, calculated as a rolling average of 2 consecutive 
quarters, as specified in Sec. 63.168(e) of this subpart.
    (c) After the process unit has fewer than 2 percent leaking valves, 
the owner or operator may elect to comply with the requirements in Sec. 
63.168 of this subpart, to continue to comply with the requirements in 
paragraph (e) (or (d), if appropriate) of this section, or comply with 
both the requirements in Sec. Sec. 63.168 and 63.175.
    (1) If the owner or operator elects to continue the quality 
improvement program, the owner or operator is exempt from the 
requirements for performance trials as specified in paragraph (e)(6) of 
this section, or further progress as specified in paragraph (d)(4) of 
this section, as long as the process unit has fewer than 2 percent 
leaking valves calculated according to Sec. 63.168(e).
    (2) If the owner or operator elects to comply with both paragraph 
(e) of this section and Sec. 63.168 of this subpart, he may also take 
advantage of the lower monitoring frequencies associated with lower leak 
rates in Sec. 63.168 (d)(2), (d)(3), and (d)(4) of this subpart.
    (3) If the owner or operator elects not to continue the quality 
improvement program, the program is no longer an option if the process 
unit again exceeds 2 percent leaking valves, and in such case, monthly 
monitoring will be required.
    (d) The following requirements shall be met if an owner or operator 
elects to use a quality improvement program to demonstrate further 
progress:
    (1) The owner or operator shall continue to comply with the 
requirements in Sec. 63.168 of this subpart except each valve shall be 
monitored quarterly.
    (2) The owner or operator shall collect the following data, and 
maintain records as required in Sec. 63.181(h)(1) of this subpart, for 
each valve in each process unit subject to the quality improvement 
program:
    (i) The maximum instrument reading observed in each monitoring 
observation before repair, the response factor for the stream if 
appropriate, the instrument model number, and date of the observation.
    (ii) Whether the valve is in gas or light liquid service.
    (iii) If a leak is detected, the repair methods used and the 
instrument readings after repair.
    (3) The owner or operator shall continue to collect data on the 
valves as long as the process unit remains in the quality improvement 
program.
    (4) The owner or operator must demonstrate progress in reducing the 
percent leaking valves each quarter the process unit is subject to the 
requirements of paragraph (d) of this section, except as provided in 
paragraphs (d)(4)(ii) and (d)(4)(iii) of this section.
    (i) Demonstration of progress shall mean that for each quarter there 
is at least a 10-percent reduction in the percent leaking valves from 
the percent leaking valves determined for the preceding monitoring 
period. The percent leaking valves shall be calculated as a rolling 
average of two consecutive quarters of monitoring data. The percent 
reduction shall be calculated using the rolling average percent leaking 
valves, according to the following:

%LVR = (%LVAVG1 - %LVAVG2 / 
%LVAVG1 x 100

where:

%LVR=Percent leaking valve reduction.
%LVAVG1=(%VLi + %VLi=1)/2.
%LVAVG2=(%VLi=1 + %VLi=2)/2.

where:

%VLi, %VLi=1, %VLi=2 are percent 
          leaking valves calculated for subsequent monitoring periods, 
          i, i+1, i+2.

    (ii) An owner or operator who fails for two consecutive rolling 
averages to

[[Page 400]]

demonstrate at least a 10-percent reduction per quarter in percent 
leaking valves, and whose overall average percent reduction based on two 
or more rolling averages is less than 10 percent per quarter, shall 
either comply with the requirements in Sec. 63.168(d)(1)(i) of this 
subpart using monthly monitoring or shall comply using a quality 
improvement program for technology review as specified in paragraph (e) 
of this section. If the owner or operator elects to comply with the 
requirements of paragraph (e) of this section, the schedule for 
performance trials and valve replacements remains as specified in 
paragraph (e) of this section.
    (iii) As an alternative to the provisions in paragraph (d)(4)(i), an 
owner or operator may use the procedure specified in paragraphs 
(d)(4)(iii)(A) and (d)(4)(iii)(B) of this section to demonstrate 
progress in reducing the percent leaking valves.
    (A) The percent reduction that must be achieved each quarter shall 
be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.293

%RR = percent reduction required each quarter, as calculated according 
          to Sec. 63.168(e)
%VL = percent leaking valves, calculated according to Sec. 
          63.168(e), at the time elected to use provisions of Sec. 
          63.168(d)(1)(ii)

    (B) The owner or operator shall achieve less than 2 percent leaking 
valves no later than 2 years after electing to use the demonstration of 
progress provisions in Sec. 63.175(d) of this subpart.
    (e) The following requirements shall be met if an owner or operator 
elects to use a quality improvement program of technology review and 
improvement:
    (1) The owner or operator shall comply with the requirements in 
Sec. 63.168 of this subpart except the requirement for monthly 
monitoring in Sec. 63.168(d)(1)(i) of this subpart does not apply.
    (2) The owner or operator shall collect the data specified below, 
and maintain records as required in Sec. 63.181(h)(2), for each valve 
in each process unit subject to the quality improvement program. The 
data may be collected and the records may be maintained on a process 
unit or group of process units basis. The data shall include the 
following:
    (i) Valve type (e.g., ball, gate, check); valve manufacturer; valve 
design (e.g., external stem or actuating mechanism, flanged body); 
materials of construction; packing material; and year installed.
    (ii) Service characteristics of the stream such as operating 
pressure, temperature, line diameter, and corrosivity.
    (iii) Whether the valve is in gas or light liquid service.
    (iv) The maximum instrument readings observed in each monitoring 
observation before repair, response factor for the stream if adjusted, 
instrument model number, and date of the observation.
    (v) If a leak is detected, the repair methods used and the 
instrument readings after repair.
    (vi) If the data will be analyzed as part of a larger analysis 
program involving data from other plants or other types of process 
units, a description of any maintenance or quality assurance programs 
used in the process unit that are intended to improve emission 
performance.
    (3) The owner or operator shall continue to collect data on the 
valves as long as the process unit remains in the quality improvement 
program.
    (4) The owner or operator shall inspect all valves removed from the 
process unit due to leaks. The inspection shall determine which parts of 
the valve have failed and shall include recommendations, as appropriate, 
for design changes or changes in specifications to reduce leak 
potential.
    (5)(i) The owner or operator shall analyze the data collected to 
comply with the requirements of paragraph (e)(2) of this section to 
determine the services, operating or maintenance practices, and valve 
designs or technologies that have poorer than average emission 
performance and those that have better than average emission 
performance. The analysis shall determine if specific trouble areas can 
be identified on the basis of service, operating conditions or 
maintenance practices, equipment design, or other process specific 
factors.

[[Page 401]]

    (ii) The analysis shall also be used to identify any superior 
performing valve technologies that are applicable to the service(s), 
operating conditions, or valve designs associated with poorer than 
average emission performance. A superior performing valve technology is 
one for which a group of such valves has a leak frequency of less than 2 
percent for specific applications in such a process unit. A candidate 
superior performing valve technology is one demonstrated or reported in 
the available literature or through a group study as having low emission 
performance and as being capable of achieving less than 2 percent 
leaking valves in the process unit.
    (iii) The analysis shall include consideration of:
    (A) The data obtained from the inspections of valves removed from 
the process unit due to leaks,
    (B) Information from the available literature and from the 
experience of other plant sites that will identify valve designs or 
technologies and operating conditions associated with low emission 
performance for specific services, and
    (C) Information on limitations on the service conditions for the 
valve design and operating conditions as well as information on 
maintenance procedures to ensure continued low emission performance.
    (iv) The data analysis may be conducted through an inter- or intra-
company program (or through some combination of the two approaches) and 
may be for a single process unit, a company, or a group of process 
units.
    (v) The first analysis of the data shall be completed no later than 
18 months after the start of Phase III. The first analysis shall be 
performed using a minimum of two quarters of data. An analysis of the 
data shall be done each year the process unit is in the quality 
improvement program.
    (6) A trial evaluation program shall be conducted at each plant site 
for which the data analysis does not identify superior performing valve 
designs or technologies that can be applied to the operating conditions 
and services identified as having poorer than average performance, 
except as provided in paragraph (e)(6)(v) of this section. The trial 
program shall be used to evaluate the feasibility of using in the 
process unit the valve designs or technologies that have been identified 
by others as having low emission performance.
    (i) The trial program shall include on-line trials of valves or 
operating and maintenance practices that have been identified in the 
available literature or in analysis by others as having the ability to 
perform with leak rates below 2 percent in similar services, as having 
low probability of failure, or as having no external actuating mechanism 
in contact with the process fluid. If any of the candidate superior 
performing valve technologies is not included in the performance trials, 
the reasons for rejecting specific technologies from consideration shall 
be documented as required in Sec. 63.181(h)(5)(ii) of this subpart.
    (ii) The number of valves in the trial evaluation program shall be 
the lesser of 1 percent or 20 valves for programs involving single 
process units and the lesser of 1 percent or 50 valves for programs 
involving groups of process units.
    (iii) The trial evaluation program shall specify and include 
documentation of:
    (A) The candidate superior performing valve designs or technologies 
to be evaluated, the stages for evaluating the identified candidate 
valve designs or technologies, including the estimated time period 
necessary to test the applicability;
    (B) The frequency of monitoring or inspection of the equipment;
    (C) The range of operating conditions over which the component will 
be evaluated; and
    (D) Conclusions regarding the emission performance and the 
appropriate operating conditions and services for the trial valves.
    (iv) The performance trials shall initially be conducted for, at 
least, a 6-month period beginning not later than 18 months after the 
start of Phase III. Not later than 24 months after the start of Phase 
III, the owner or operator shall have identified valve designs or 
technologies that, combined with appropriate process, operating, and 
maintenance practices, operate with low emission performance for 
specific

[[Page 402]]

applications in the process unit. The owner or operator shall continue 
to conduct performance trials as long as no superior performing design 
or technology has been identified, except as provided in paragraph 
(e)(6)(vi) of this section. The compilation of candidate and 
demonstrated superior emission performance valve designs or technologies 
shall be amended in the future, as appropriate, as additional 
information and experience is obtained.
    (v) Any plant site with fewer than 400 valves and owned by a 
corporation with fewer than 100 total employees shall be exempt from 
trial evaluations of valves. Plant sites exempt from the trial 
evaluations of valves shall begin the program at the start of the fourth 
year of Phase III.
    (vi) An owner or operator who has conducted performance trials on 
all candidate superior emission performance technologies suitable for 
the required applications in the process unit may stop conducting 
performance trials provided that a superior performing design or 
technology has been demonstrated or there are no technically feasible 
candidate superior technologies remaining. The owner or operator shall 
prepare an engineering evaluation documenting the physical, chemical, or 
engineering basis for the judgment that the superior emission 
performance technology is technically infeasible or demonstrating that 
it would not reduce emissions.
    (7) Each owner or operator who elects to use a quality improvement 
program for technology review and improvement shall prepare and 
implement a valve quality assurance program that details purchasing 
specifications and maintenance procedures for all valves in the process 
unit. The quality assurance program may establish any number of 
categories, or classes, of valves as needed to distinguish among 
operating conditions and services associated with poorer than average 
emission performance as well as those associated with better than 
average emission performance. The quality assurance program shall be 
developed considering the findings of the data analysis required under 
paragraph (e)(5) of this section, if applicable, the findings of the 
trial evaluation required in paragraph (e)(6) of this section, and the 
operating conditions in the process unit. The quality assurance program 
shall be reviewed and, as appropriate, updated each year as long as the 
process unit has 2 percent or more leaking valves.
    (i) The quality assurance program shall:
    (A) Establish minimum design standards for each category of valves. 
The design standards shall specify known critical parameters such as 
tolerance, manufacturer, materials of construction, previous usage, or 
other applicable identified critical parameters;
    (B) Require that all equipment orders specify the design standard 
(or minimum tolerances) for the valve;
    (C) Include a written procedure for bench testing of valves that 
specifies performance criteria for acceptance of valves and specifies 
criteria for the precision and accuracy of the test apparatus. All 
valves repaired off-line after preparation of the quality assurance plan 
shall be bench-tested for leaks. This testing may be conducted by the 
owner or operator of the process unit, by the vendor, or by a designated 
representative. The owner or operator shall install only those valves 
that have been documented through bench-testing to be nonleaking.
    (D) Require that all valves repaired on-line be monitored using the 
method specified in Sec. 63.180(b) of this subpart for leaks for 2 
successive months, after repair.
    (E) Provide for an audit procedure for quality control of purchased 
equipment to ensure conformance with purchase specifications. The audit 
program may be conducted by the owner or operator of the process unit or 
by a designated representative.
    (F) Detail off-line valve maintenance and repair procedures. These 
procedures shall include provisions to ensure that rebuilt or 
refurbished valves will meet the design specifications for the valve 
type and will operate such that emissions are minimized.
    (ii) The quality assurance program shall be established no later 
than the start of the third year of Phase III for plant sites with 400 
or more valves or owned by a corporation with 100 or more employees; and 
no later than the start of the fourth year of Phase III for

[[Page 403]]

plant sites with less than 400 valves and owned by a corporation with 
less than 100 employees.
    (8) Beginning at the start of the third year of Phase III for plant 
sites with 400 or more valves or owned by a corporation with 100 or more 
employees and at the start of the fourth year of Phase III for plant 
sites with less than 400 valves and owned by a corporation with less 
than 100 employees, each valve that is replaced for any reason shall be 
replaced with a new or modified valve that complies with the quality 
assurance standards for the valve category and that is identified as 
superior emission performance technology. Superior emission performance 
technology means valves or valve technologies identified with emission 
performance that, combined with appropriate process, operating, and 
maintenance practices, will result in less than 2 percent leaking valves 
for specific applications in a large population, except as provided in 
paragraph (e)(8)(ii) of this section.
    (i) The valves shall be maintained as specified in the quality 
assurance program.
    (ii) If a superior emission performance technology cannot be 
identified, then valve replacement shall be with one of (if several) the 
lowest emission performance technologies that has been identified for 
the specific application.

[59 FR 19568, Apr. 22, 1994, as amended at 60 FR 63631, Dec. 12, 1995]



Sec. 63.176  Quality improvement program for pumps.

    (a) In Phase III, if, on a 6-month rolling average, the greater of 
either 10 percent of the pumps in a process unit (or plant site) or 
three pumps in a process unit (or plant site) leak, the owner or 
operator shall comply with the requirements of this section as specified 
below:
    (1) Pumps that are in food/medical service or in polymerizing 
monomer service shall comply with all requirements except for those 
specified in paragraph (d)(8) of this section.
    (2) Pumps that are not in food/medical or polymerizing monomer 
service shall comply with all requirements of this section.
    (b) The owner or operator shall comply with the requirements of this 
section until the number of leaking pumps is less than the greater of 
either 10 percent of the pumps or three pumps, calculated as a 6-month 
rolling average, in the process unit (or plant site). Once the 
performance level is achieved, the owner or operator shall comply with 
the requirements in Sec. 63.163 of this subpart.
    (c) If in a subsequent monitoring period, the process unit (or plant 
site) has greater than 10 percent of the pumps leaking or three pumps 
leaking (calculated as a 6-month rolling average), the owner or operator 
shall resume the quality improvement program starting at performance 
trials.
    (d) The quality improvement program shall include the following:
    (1) The owner or operator shall comply with the requirements in 
Sec. 63.163 of this subpart.
    (2) The owner or operator shall collect the following data, and 
maintain records as required in Sec. 63.181(h)(3), for each pump in 
each process unit (or plant site) subject to the quality improvement 
program. The data may be collected and the records may be maintained on 
a process unit or plant site basis.
    (i) Pump type (e.g., piston, horizontal or vertical centrifugal, 
gear, bellows); pump manufacturer; seal type and manufacturer; pump 
design (e.g., external shaft, flanged body); materials of construction; 
if applicable, barrier fluid or packing material; and year installed.
    (ii) Service characteristics of the stream such as discharge 
pressure, temperature, flow rate, corrosivity, and annual operating 
hours.
    (iii) The maximum instrument readings observed in each monitoring 
observation before repair, response factor for the stream if 
appropriate, instrument model number, and date of the observation.
    (iv) If a leak is detected, the repair methods used and the 
instrument readings after repair.
    (v) If the data will be analyzed as part of a larger analysis 
program involving data from other plants or other types of process 
units, a description of any maintenance or quality assurance

[[Page 404]]

programs used in the process unit that are intended to improve emission 
performance.
    (3) The owner or operator shall continue to collect data on the 
pumps as long as the process unit (or plant site) remains in the quality 
improvement program.
    (4) The owner or operator shall inspect all pumps or pump seals 
which exhibited frequent seal failures and were removed from the process 
unit due to leaks. The inspection shall determine the probable cause of 
the pump seal failure or of the pump leak and shall include 
recommendations, as appropriate, for design changes or changes in 
specifications to reduce leak potential.
    (5)(i) The owner or operator shall analyze the data collected to 
comply with the requirements of paragraph (d)(2) of this section to 
determine the services, operating or maintenance practices, and pump or 
pump seal designs or technologies that have poorer than average emission 
performance and those that have better than average emission 
performance. The analysis shall determine if specific trouble areas can 
be identified on the basis of service, operating conditions or 
maintenance practices, equipment design, or other process specific 
factors.
    (ii) The analysis shall also be used to determine if there are 
superior performing pump or pump seal technologies that are applicable 
to the service(s), operating conditions, or pump or pump seal designs 
associated with poorer than average emission performance. A superior 
performing pump or pump seal technology is one with a leak frequency of 
less than 10 percent for specific applications in the process unit or 
plant site. A candidate superior performing pump or pump seal technology 
is one demonstrated or reported in the available literature or through a 
group study as having low emission performance and as being capable of 
achieving less than 10 percent leaking pumps in the process unit (or 
plant site).
    (iii) The analysis shall include consideration of:
    (A) The data obtained from the inspections of pumps and pump seals 
removed from the process unit due to leaks;
    (B) Information from the available literature and from the 
experience of other plant sites that will identify pump designs or 
technologies and operating conditions associated with low emission 
performance for specific services; and
    (C) Information on limitations on the service conditions for the 
pump seal technology operating conditions as well as information on 
maintenance procedures to ensure continued low emission performance.
    (iv) The data analysis may be conducted through an inter- or intra-
company program (or through some combination of the two approaches) and 
may be for a single process unit, a plant site, a company, or a group of 
process units.
    (v) The first analysis of the data shall be completed no later than 
18 months after the start of the quality improvement program. The first 
analysis shall be performed using a minimum of 6 months of data. An 
analysis of the data shall be done each year the process unit is in the 
quality improvement program.
    (6) A trial evaluation program shall be conducted at each plant site 
for which the data analysis does not identify use of superior performing 
pump seal technology or pumps that can be applied to the areas 
identified as having poorer than average performance, except as provided 
in paragraph (d)(6)(v) of this section. The trial program shall be used 
to evaluate the feasibility of using in the process unit (or plant site) 
the pump designs or seal technologies, and operating and maintenance 
practices that have been identified by others as having low emission 
performance.
    (i) The trial program shall include on-line trials of pump seal 
technologies or pump designs and operating and maintenance practices 
that have been identified in the available literature or in analysis by 
others as having the ability to perform with leak rates below 10 percent 
in similar services, as having low probability of failure, or as having 
no external actuating mechanism in contact with the process fluid.

[[Page 405]]

If any of the candidate superior performing pump seal technologies or 
pumps is not included in the performance trials, the reasons for 
rejecting specific technologies from consideration shall be documented 
as required in Sec. 63.181(h)(5)(ii).
    (ii) The number of pump seal technologies or pumps in the trial 
evaluation program shall be the lesser of 1 percent or two pumps for 
programs involving single process units and the lesser of 1 percent or 
five pumps for programs involving a plant site or groups of process 
units. The minimum number of pumps or pump seal technologies in a trial 
program shall be one.
    (iii) The trial evaluation program shall specify and include 
documentation of:
    (A) The candidate superior performing pump seal designs or 
technologies to be evaluated, the stages for evaluating the identified 
candidate pump designs or pump seal technologies, including the time 
period necessary to test the applicability;
    (B) The frequency of monitoring or inspection of the equipment;
    (C) The range of operating conditions over which the component will 
be evaluated; and
    (D) Conclusions regarding the emission performance and the 
appropriate operating conditions and services for the trial pump seal 
technologies or pumps.
    (iv) The performance trials shall initially be conducted, at least, 
for a 6-month period beginning not later than 18 months after the start 
of the quality improvement program. No later than 24 months after the 
start of the quality improvement program, the owner or operator shall 
have identified pump seal technologies or pump designs that, combined 
with appropriate process, operating, and maintenance practices, operate 
with low emission performance for specific applications in the process 
unit. The owner or operator shall continue to conduct performance trials 
as long as no superior performing design or technology has been 
identified, except as provided in paragraph (d)(6)(vi) of this section. 
The initial list of superior emission performance pump designs or pump 
seal technologies shall be amended in the future, as appropriate, as 
additional information and experience is obtained.
    (v) Any plant site with fewer than 400 valves and owned by a 
corporation with fewer than 100 employees shall be exempt from trial 
evaluations of pump seals or pump designs. Plant sites exempt from the 
trial evaluations of pumps shall begin the pump seal or pump replacement 
program at the start of the fourth year of the quality improvement 
program.
    (vi) An owner or operator who has conducted performance trials on 
all alternative superior emission performance technologies suitable for 
the required applications in the process unit may stop conducting 
performance trials provided that a superior performing design or 
technology has been demonstrated or there are no technically feasible 
alternative superior technologies remaining. The owner or operator shall 
prepare an engineering evaluation documenting the physical, chemical, or 
engineering basis for the judgment that the superior emission 
performance technology is technically infeasible or demonstrating that 
it would not reduce emissions.
    (7) Each owner or operator shall prepare and implement a pump 
quality assurance program that details purchasing specifications and 
maintenance procedures for all pumps and pump seals in the process unit. 
The quality assurance program may establish any number of categories, or 
classes, of pumps as needed to distinguish among operating conditions 
and services associated with poorer than average emission performance as 
well as those associated with better than average emission performance. 
The quality assurance program shall be developed considering the 
findings of the data analysis required under paragraph (d)(5) of this 
section, if applicable, the findings of the trial evaluation required in 
paragraph (d)(6) of this section, and the operating conditions in the 
process unit. The quality assurance program shall be updated each year 
as long as the process unit has the greater of either 10 percent or more 
leaking pumps or has three leaking pumps.
    (i) The quality assurance program shall:

[[Page 406]]

    (A) Establish minimum design standards for each category of pumps or 
pump seal technology. The design standards shall specify known critical 
parameters such as tolerance, manufacturer, materials of construction, 
previous usage, or other applicable identified critical parameters;
    (B) Require that all equipment orders specify the design standard 
(or minimum tolerances) for the pump or the pump seal;
    (C) Provide for an audit procedure for quality control of purchased 
equipment to ensure conformance with purchase specifications. The audit 
program may be conducted by the owner or operator of the plant site or 
process unit or by a designated representative; and
    (D) Detail off-line pump maintenance and repair procedures. These 
procedures shall include provisions to ensure that rebuilt or 
refurbished pumps and pump seals will meet the design specifications for 
the pump category and will operate such that emissions are minimized.
    (ii) The quality assurance program shall be established no later 
than the start of the third year of the quality improvement program for 
plant sites with 400 or more valves or 100 or more employees; and no 
later than the start of the fourth year of the quality improvement 
program for plant sites with less than 400 valves and less than 100 
employees.
    (8) Beginning at the start of the third year of the quality 
improvement program for plant sites with 400 or more valves or 100 or 
more employees and at the start of the fourth year of the quality 
improvement program for plant sites with less than 400 valves and less 
than 100 employees, the owner or operator shall replace, as described in 
paragraphs (d)(8)(i) and (d)(8)(ii) of this section, the pumps or pump 
seals that are not superior emission performance technology with pumps 
or pump seals that have been identified as superior emission performance 
technology and that comply with the quality assurance standards for the 
pump category. Superior emission performance technology is that category 
or design of pumps or pump seals with emission performance which, when 
combined with appropriate process, operating, and maintenance practices, 
will result in less than 10 percent leaking pumps for specific 
applications in the process unit or plant site. Superior emission 
performance technology includes material or design changes to the 
existing pump, pump seal, seal support system, installation of multiple 
mechanical seals or equivalent, or pump replacement.
    (i) Pumps or pump seals shall be replaced at the rate of 20 percent 
per year based on the total number of pumps in light liquid service. The 
calculated value shall be rounded to the nearest nonzero integer value. 
The minimum number of pumps or pump seals shall be one. Pump replacement 
shall continue until all pumps subject to the requirements of Sec. 
63.163 of this subpart are pumps determined to be superior performance 
technology.
    (ii) The owner or operator may delay replacement of pump seals or 
pumps with superior technology until the next planned process unit 
shutdown, provided the number of pump seals and pumps replaced is 
equivalent to the 20 percent or greater annual replacement rate.
    (iii) The pumps shall be maintained as specified in the quality 
assurance program.



Sec. 63.177  Alternative means of emission limitation: General.

    (a) Permission to use an alternative means of emission limitation 
under section 112(h)(3) of the Act shall be governed by the following 
procedures in paragraphs (b) through (e) of this section.
    (b) Where the standard is an equipment, design, or operational 
requirement:
    (1) Each owner or operator applying for permission to use an 
alternative means of emission limitation under Sec. 63.6(g) of subpart 
A of this part shall be responsible for collecting and verifying 
emission performance test data for an alternative means of emission 
limitation.
    (2) The Administrator will compare test data for the means of 
emission limitation to test data for the equipment, design, and 
operational requirements.
    (3) The Administrator may condition the permission on requirements 
that

[[Page 407]]

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



Sec. 63.178  Alternative means of emission limitation: Batch processes.

    (a) As an alternative to complying with the requirements of 
Sec. Sec. 63.163 through 63.171 and Sec. Sec. 63.173 through 63.176, 
an owner or operator of a batch process that operates in organic HAP 
service during the calendar year may comply with one of the standards 
specified in paragraphs (b) and (c) of this section, or the owner or 
operator may petition for approval of an alternative standard under the 
provisions of Sec. 63.177 of this subpart. The alternative standards of 
this section provide the options of pressure testing or monitoring the 
equipment for leaks. The owner or operator may switch among the 
alternatives provided the change is documented as specified in Sec. 
63.181.
    (b) The following requirements shall be met if an owner or operator 
elects to use pressure testing of batch product-process equipment to 
demonstrate compliance with this subpart. An owner or operator who 
complies with the provisions of this paragraph is exempt from the 
monitoring provisions of Sec. 63.163, Sec. Sec. 63.168 and 63.169, and 
Sec. Sec. 63.173 through 63.176 of this subpart.
    (1) Each time equipment is reconfigured for production of a 
different product or intermediate, the batch product-process equipment 
train shall be pressure-tested for leaks before organic HAP is first fed 
to the equipment and the equipment is placed in organic HAP service.
    (i) When the batch product-process train is reconfigured to produce 
a different product, pressure testing is required only for the new or 
disturbed equipment.
    (ii) Each batch product process that operates in organic HAP service 
during a calendar year shall be pressure tested at least once during 
that calendar year.
    (iii) Pressure testing is not required for routine seal breaks, such 
as changing hoses or filters, which are not part of the reconfiguration 
to produce a different product or intermediate.
    (2) The batch product process equipment shall be tested either using 
the procedures specified in Sec. 63.180(f) of this

[[Page 408]]

subpart for pressure or vacuum loss or with a liquid using the 
procedures specified in Sec. 63.180(g) of this subpart.
    (3)(i) For pressure or vacuum tests, a leak is detected if the rate 
of change in pressure is greater than 6.9 kilopascals (1 psig) in 1 hour 
or if there is visible, audible, or olfactory evidence of fluid loss.
    (ii) For pressure tests using a liquid, a leak is detected if there 
are indications of liquids dripping or if there is other evidence of 
fluid loss.
    (4)(i) If a leak is detected, it shall be repaired and the batch 
product-process equipment shall be retested before start-up of the 
process.
    (ii) If a batch product-process fails the retest or the second of 
two consecutive pressure tests, it shall be repaired as soon as 
practicable, but not later than 30 calendar days after the second 
pressure test, provided the conditions specified in paragraph (d) of 
this section are met.
    (c) The following requirements shall be met if an owner or operator 
elects to monitor the equipment to detect leaks by the method specified 
in Sec. 63.180(b) of this subpart to demonstrate compliance with this 
subpart.
    (1) The owner or operator shall comply with the requirements of 
Sec. Sec. 63.163 through 63.170, and Sec. Sec. 63.172 through 63.176 
of this subpart.
    (2) The equipment shall be monitored for leaks by the method 
specified in Sec. 63.180(b) of this subpart when the equipment is in 
organic HAP service, in use with an acceptable surrogate volatile 
organic compound which is not an organic HAP, or is in use with any 
other detectable gas or vapor.
    (3) The equipment shall be monitored for leaks as specified below:
    (i) Each time the equipment is reconfigured for the production of a 
new product, the reconfigured equipment shall be monitored for leaks 
within 30 days of start-up of the process. This initial monitoring of 
reconfigured equipment shall not be included in determining percent 
leaking equipment in the process unit.
    (ii) Connectors shall be monitored in accordance with the 
requirements in Sec. 63.174 of this subpart.
    (iii) Equipment other than connectors shall be monitored at the 
frequencies specified in table 1 of this subpart. The operating time 
shall be determined as the proportion of the year the batch product-
process that is subject to the provisions of this subpart is operating.
    (iv) The monitoring frequencies specified in table 1 of this subpart 
are not requirements for monitoring at specific intervals and can be 
adjusted to accommodate process operations. An owner or operator may 
monitor anytime during the specified monitoring period (e.g., month, 
quarter, year), provided the monitoring is conducted at a reasonable 
interval after completion of the last monitoring campaign. For example, 
if the equipment is not operating during the scheduled monitoring 
period, the monitoring can be done during the next period when the 
process is operating.
    (4) If a leak is detected, it shall be repaired as soon as 
practicable but not later than 15 calendar days after it is detected, 
except as provided in paragraph (d) of this section.
    (d) Delay of repair of equipment for which leaks have been detected 
is allowed if the replacement equipment is not available providing the 
following conditions are met:
    (1) Equipment supplies have been depleted and supplies had been 
sufficiently stocked before the supplies were depleted.
    (2) The repair is made no later than 10 calendar days after delivery 
of the replacement equipment.



Sec. 63.179  Alternative means of emission limitation: Enclosed-vented process 

units.

    Process units enclosed in such a manner that all emissions from 
equipment leaks are vented through a closed-vent system to a control 
device meeting the requirements of Sec. 63.172 of this subpart are 
exempt from the requirements of Sec. 63.163, through 63.171, and 
Sec. Sec. 63.173 and 63.174 of this subpart. The enclosure shall be 
maintained under a negative pressure at all times while the process unit 
is in operation to ensure that all emissions are routed to a control 
device.

[[Page 409]]



Sec. 63.180  Test methods and procedures.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the test methods and procedures requirements provided 
in this section.
    (b) Monitoring, as required under this subpart, shall comply with 
the following requirements:
    (1) Monitoring shall comply with Method 21 of 40 CFR part 60, 
appendix A.
    (2)(i) Except as provided for in paragraph (b)(2)(ii) of this 
section, the detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in Section 3.1.2(a) of Method 21 shall be for the 
average composition of the process fluid not each individual VOC in the 
stream. For process streams that contain nitrogen, water, air, or other 
inerts which are not organic HAP's or VOC's, the average stream response 
factor may be calculated on an inert-free basis. The response factor may 
be determined at any concentration for which monitoring for leaks will 
be conducted.
    (ii) If no instrument is available at the plant site that will meet 
the performance criteria specified in paragraph (b)(2)(i) of this 
section, the instrument readings may be adjusted by multiplying by the 
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (b)(2)(i) of this section.
    (3) The instrument shall be calibrated before use on each day of its 
use by the procedures specified in Method 21 of 40 CFR part 60, appendix 
A.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 parts per million of hydrocarbon in air); 
and
    (ii) Mixtures of methane in air at the concentrations specified in 
paragraphs (b)(4)(ii)(A) through (b)(4)(ii)(C) of this section. A 
calibration gas other than methane in air may be used if the instrument 
does not respond to methane or if the instrument does not meet the 
performance criteria specified in paragraph (b)(2)(i) of this section. 
In such cases, the calibration gas may be a mixture of one or more of 
the compounds to be measured in air.
    (A) For Phase I, a mixture of methane or other compounds, as 
applicable, in air at a concentration of approximately, but less than, 
10,000 parts per million.
    (B) For Phase II, a mixture of methane or other compounds, as 
applicable, and air at a concentration of approximately, but less than, 
10,000 parts per million for agitators, 5,000 parts per million for 
pumps, and 500 parts per million for all other equipment, except as 
provided in paragraph (b)(4)(iii) of this section.
    (C) For Phase III, a mixture of methane or other compounds, as 
applicable, and air at a concentration of approximately, but less than, 
10,000 parts per million methane for agitators; 2,000 parts per million 
for pumps in food/medical service; 5,000 parts per million for pumps in 
polymerizing monomer service; 1,000 parts per million for all other 
pumps; and 500 parts per million for all other equipment, except as 
provided in paragraph (b)(4)(iii) of this section.
    (iii) The instrument may be calibrated at a higher methane 
concentration than the concentration specified for that piece of 
equipment. The concentration of the calibration gas may exceed the 
concentration specified as a leak by no more than 2,000 parts per 
million. If the monitoring instrument's design allows for multiple 
calibration scales, then the lower scale shall be calibrated with a 
calibration gas that is no higher than 2,000 parts per million above the 
concentration specified as a leak and the highest scale shall be 
calibrated with a calibration gas that is approximately equal to 10,000 
parts per million. If only one scale on an instrument will be used 
during monitoring, the owner or operator need not calibrate the scales 
that will not be used during that day's monitoring.
    (5) Monitoring shall be performed when the equipment is in organic 
HAP service, in use with an acceptable surrogate volatile organic 
compound which is not an organic HAP, or is in use with any other 
detectable gas or vapor.
    (6) Monitoring data that do not meet the criteria specified in 
paragraphs (b)(1) through (b)(5) of this section may be used to qualify 
for less frequent

[[Page 410]]

monitoring under the provisions in Sec. 63.168(d)(2) and (d)(3) or 
Sec. 63.174(b)(3)(ii) or (b)(3)(iii) of this subpart provided the data 
meet the conditions specified in paragraphs (b)(6)(i) and (b)(6)(ii) of 
this section.
    (i) The data were obtained before April 22, 1994.
    (ii) The departures from the criteria specified in paragraphs (b)(1) 
through (b)(5) of this section or from the specified monitoring 
frequency of Sec. 63.168(c) are minor and do not significantly affect 
the quality of the data. Examples of minor departures are monitoring at 
a slightly different frequency (such as every six weeks instead of 
monthly or quarterly), following the performance criteria of section 
3.1.2(a) of Method 21 of appendix A of 40 CFR part 60 instead of 
paragraph (b)(2) of this section, or monitoring at a different leak 
definition if the data would indicate the presence or absence of a leak 
at the concentration specified in this subpart. Failure to use a 
calibrated instrument is not considered a minor departure.
    (c) When equipment is monitored for compliance as required in 
Sec. Sec. 63.164(i), 63.165(a), and 63.172(f) or when equipment subject 
to a leak definition of 500 ppm is monitored for leaks as required by 
this subpart, the owner or operator may elect to adjust or not to adjust 
the instrument readings for background. If an owner or operator elects 
to not adjust instrument readings for background, the owner or operator 
shall monitor the equipment according to the procedures specified in 
paragraphs (b)(1) through (b)(4) of this section. In such case, all 
instrument readings shall be compared directly to the applicable leak 
definition to determine whether there is a leak. If an owner or operator 
elects to adjust instrument readings for background, the owner or 
operator shall monitor the equipment according to the procedures 
specified in paragraphs (c)(1) through (c)(4) of this section.
    (1) The requirements of paragraphs (b) (1) through (4) of this 
section shall apply.
    (2) The background level shall be determined, using the same 
procedures that will be used to determine whether the equipment is 
leaking.
    (3) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Method 21 of 40 CFR part 60, appendix A.
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level is compared with 
500 parts per million for determining compliance.
    (d)(1) Each piece of equipment within a process unit that can 
reasonably be expected to contain equipment in organic HAP service is 
presumed to be in organic HAP service unless an owner or operator 
demonstrates that the piece of equipment is not in organic HAP service. 
For a piece of equipment to be considered not in organic HAP service, it 
must be determined that the percent organic HAP content can be 
reasonably expected not to exceed 5 percent by weight on an annual 
average basis. For purposes of determining the percent organic HAP 
content of the process fluid that is contained in or contacts equipment, 
Method 18 of 40 CFR part 60, appendix A shall be used.
    (2)(i) An owner or operator may use good engineering judgment rather 
than the procedures in paragraph (d)(1) of this section to determine 
that the percent organic HAP content does not exceed 5 percent by 
weight. When an owner or operator and the Administrator do not agree on 
whether a piece of equipment is not in organic HAP service, however, the 
procedures in paragraph (d)(1) of this section shall be used to resolve 
the disagreement.
    (ii) Conversely, the owner or operator may determine that the 
organic HAP content of the process fluid does not exceed 5 percent by 
weight by, for example, accounting for 98 percent of the content and 
showing that organic HAP is less than 3 percent.
    (3) If an owner or operator determines that a piece of equipment is 
in organic HAP service, the determination can be revised after following 
the procedures in paragraph (d)(1) of this section, or by documenting 
that a change in the process or raw materials no longer causes the 
equipment to be in organic HAP service.
    (4) Samples used in determining the percent organic HAP content 
shall be representative of the process fluid that

[[Page 411]]

is contained in or contacts the equipment.
    (e) When a flare is used to comply with Sec. 63.172(d), the owner 
or operator shall comply with paragraphs (e)(1) through (3) of this 
section. The owner or operator is not required to conduct a performance 
test to determine percent emission reduction or outlet organic HAP or 
TOC concentration.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4).
    (2) Determine the net heating value of the gas being combusted using 
the techniques specified in Sec. 63.11(b)(6).
    (3) Determine the exit velocity using the techniques specified in 
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where 
applicable) or Sec. 63.11(b)(8), as appropriate.
    (f) The following procedures shall be used to pressure test batch 
product-process equipment for pressure or vacuum loss to demonstrate 
compliance with the requirements of Sec. 63.178(b)(3)(i) of this 
subpart.
    (1) The batch product-process equipment train shall be pressurized 
with a gas to a pressure less than the set pressure of any safety relief 
devices or valves or to a pressure slightly above the operating pressure 
of the equipment, or alternatively, the equipment shall be placed under 
a vacuum.
    (2) Once the test pressure is obtained, the gas source or vacuum 
source shall be shut off.
    (3) The test shall continue for not less than 15 minutes unless it 
can be determined in a shorter period of time that the allowable rate of 
pressure drop or of pressure rise was exceeded. The pressure in the 
batch product-process equipment shall be measured after the gas or 
vacuum source is shut off and at the end of the test period. The rate of 
change in pressure in the batch product-process equipment shall be 
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.294

where:

[Delta] P/t=Change in pressure, psig/hr.
Pf=Final pressure, psig.
Pi=Initial pressure, psig.
tf-ti=Elapsed time, hours.

    (4) The pressure shall be measured using a pressure measurement 
device (gauge, manometer, or equivalent) which has a precision of 2.5 millimeter mercury in the range of test pressure and 
is capable of measuring pressures up to the relief set pressure of the 
pressure relief device. If such a pressure measurement device is not 
reasonably available, the owner or operator shall use a pressure 
measurement device with a precision of at least +10 percent of the test 
pressure of the equipment and shall extend the duration of the test for 
the time necessary to detect a pressure loss or rise that equals a rate 
of one psig per hour.
    (5) An alternative procedure may be used for leak testing the 
equipment if the owner or operator demonstrates the alternative 
procedure is capable of detecting a pressure loss or rise.
    (g) The following procedures shall be used to pressure-test batch 
product-process equipment using a liquid to demonstrate compliance with 
the requirements of Sec. 63.178(b)(3)(ii) of this subpart.
    (1) The batch product-process equipment train, or section of the 
train, shall be filled with the test liquid (e.g., water, alcohol) until 
normal operating pressure is obtained. Once the equipment is filled, the 
liquid source shall be shut off.
    (2) The test shall be conducted for a period of at least 60 minutes, 
unless it can be determined in a shorter period of time that the test is 
a failure.
    (3) Each seal in the equipment being tested shall be inspected for 
indications of liquid dripping or other indications of fluid loss. If 
there are any indications of liquids dripping or of fluid loss, a leak 
is detected.
    (4) An alternative procedure may be used for leak testing the 
equipment, if the owner or operator demonstrates the alternative 
procedure is capable of detecting losses of fluid.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 
61 FR 31440, June 20, 1996; 62 FR 2792, Jan. 17, 1997; 66 FR 6936, Jan. 
22, 2001]



Sec. 63.181  Recordkeeping requirements.

    (a) An owner or operator of more than one process unit subject to 
the provisions of this subpart may comply

[[Page 412]]

with the recordkeeping requirements for these process units in one 
recordkeeping system if the system identifies each record by process 
unit and the program being implemented (e.g., quarterly monitoring, 
quality improvement) for each type of equipment. All records and 
information required by this section shall be maintained in a manner 
that can be readily accessed at the plant site. This could include 
physically locating the records at the plant site or accessing the 
records from a central location by computer at the plant site.
    (b) Except as provided in paragraph (e) of this section, the 
following information pertaining to all equipment in each process unit 
subject to the requirements in Sec. Sec. 63.162 through 63.174 of this 
subpart shall be recorded:
    (1)(i) A list of identification numbers for equipment (except 
connectors exempt from monitoring and recordkeeping identified in Sec. 
63.174 of this subpart and instrumentation systems) subject to the 
requirements of this subpart. Connectors need not be individually 
identified if all connectors in a designated area or length of pipe 
subject to the provisions of this subpart are identified as a group, and 
the number of connectors subject is indicated. With respect to 
connectors, the list shall be complete no later than the completion of 
the initial survey required by Sec. 63.174 (b)(1) or (b)(2) of this 
subpart.
    (ii) A schedule by process unit for monitoring connectors subject to 
the provisions of Sec. 63.174(a) of this subpart and valves subject to 
the provisions of Sec. 63.168(d) of this subpart.
    (iii) Physical tagging of the equipment to indicate that it is in 
organic HAP service is not required. Equipment subject to the provisions 
of this subpart may be identified on a plant site plan, in log entries, 
or by other appropriate methods.
    (2)(i) A list of identification numbers for equipment that the owner 
or operator elects to equip with a closed-vent system and control 
device, under the provisions of Sec. 63.163(g), Sec. 63.164(h), Sec. 
63.165(c), or Sec. 63.173(f) of this subpart.
    (ii) A list of identification numbers for compressors that the owner 
or operator elects to designate as operating with an instrument reading 
of less than 500 parts per million above background, under the 
provisions of Sec. 63.164(i) of this subpart.
    (iii) Identification of surge control vessels or bottoms receivers 
subject to the provisions of this subpart that the owner or operator 
elects to equip with a closed-vent system and control device, under the 
provisions of Sec. 63.170 of this subpart.
    (3)(i) A list of identification numbers for pressure relief devices 
subject to the provisions in Sec. 63.165(a) of this subpart.
    (ii) A list of identification numbers for pressure relief devices 
equipped with rupture disks, under the provisions of Sec. 63.165(d) of 
this subpart.
    (4) Identification of instrumentation systems subject to the 
provisions of this subpart. Individual components in an instrumentation 
system need not be identified.
    (5) Identification of screwed connectors subject to the requirements 
of Sec. 63.174(c)(2) of this subpart. Identification can be by area or 
grouping as long as the total number within each group or area is 
recorded.
    (6) The following information shall be recorded for each dual 
mechanical seal system:
    (i) Design criteria required in Sec. Sec. 63.163(e)(6)(i), 
63.164(e)(2), and 63.173(d)(6)(i) of this subpart and an explanation of 
the design criteria; and
    (ii) Any changes to these criteria and the reasons for the changes.
    (7) The following information pertaining to all pumps subject to the 
provisions of Sec. 63.163(j), valves subject to the provisions of Sec. 
63.168(h) and (i) of this subpart, agitators subject to the provisions 
of Sec. 63.173(h) through (j), and connectors subject to the provisions 
of Sec. 63.174(f) and (g) of this subpart shall be recorded:
    (i) Identification of equipment designated as unsafe to monitor, 
difficult to monitor, or unsafe to inspect and the plan for monitoring 
or inspecting this equipment.
    (ii) A list of identification numbers for the equipment that is 
designated as difficult to monitor, an explanation of why the equipment 
is difficult to monitor, and the planned schedule for monitoring this 
equipment.

[[Page 413]]

    (iii) A list of identification numbers for connectors that are 
designated as unsafe to repair and an explanation why the connector is 
unsafe to repair.
    (8)(i) A list of valves removed from and added to the process unit, 
as described in Sec. 63.168(e)(1) of this subpart, if the net credits 
for removed valves is expected to be used.
    (ii) A list of connectors removed from and added to the process 
unit, as described in Sec. 63.174(i)(1) of this subpart, and 
documentation of the integrity of the weld for any removed connectors, 
as required in Sec. 63.174(j) of this subpart. This is not required 
unless the net credits for removed connectors is expected to be used.
    (9)(i) For batch process units that the owner or operator elects to 
monitor as provided under Sec. 63.178(c) of this subpart, a list of 
equipment added to batch product process units since the last monitoring 
period required in Sec. 63.178(c)(3)(ii) and (3)(iii) of this subpart.
    (ii) Records demonstrating the proportion of the time during the 
calendar year the equipment is in use in a batch process that is subject 
to the provisions of this subpart. Examples of suitable documentation 
are records of time in use for individual pieces of equipment or average 
time in use for the process unit. These records are not required if the 
owner or operator does not adjust monitoring frequency by the time in 
use, as provided in Sec. 63.178(c)(3)(iii) of this subpart.
    (10) For any leaks detected as specified in Sec. Sec. 63.163 and 
63.164; Sec. Sec. 63.168 and 63.169; and Sec. Sec. 63.172 through 
63.174 of this subpart, a weatherproof and readily visible 
identification, marked with the equipment identification number, shall 
be attached to the leaking equipment.
    (c) For visual inspections of equipment subject to the provisions of 
this subpart (e.g., Sec. 63.163(b)(3), Sec. 63.163(e)(4)(i)), the 
owner or operator shall document that the inspection was conducted and 
the date of the inspection. The owner or operator shall maintain records 
as specified in paragraph (d) of this section for leaking equipment 
identified in this inspection, except as provided in paragraph (e) of 
this section. These records shall be retained for 2 years.
    (d) When each leak is detected as specified in Sec. Sec. 63.163 and 
63.164; Sec. Sec. 63.168 and 63.169; and Sec. Sec. 63.172 through 
63.174 of this subpart, the following information shall be recorded and 
kept for 2 years:
    (1) The instrument and the equipment identification number and the 
operator name, initials, or identification number.
    (2) The date the leak was detected and the date of first attempt to 
repair the leak.
    (3) The date of successful repair of the leak.
    (4) Maximum instrument reading measured by Method 21 of 40 CFR part 
60, appendix A after it is successfully repaired or determined to be 
nonrepairable.
    (5) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (i) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. The written 
procedures may be included as part of the startup/shutdown/malfunction 
plan, required by Sec. 63.6(e)(3), for the source or may be part of a 
separate document that is maintained at the plant site. In such cases, 
reasons for delay of repair may be documented by citing the relevant 
sections of the written procedure.
    (ii) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked on-site before depletion and the reason for depletion.
    (6) Dates of process unit shutdowns that occur while the equipment 
is unrepaired.
    (7)(i) Identification, either by list, location (area or grouping), 
or tagging of connectors that have been opened or otherwise had the seal 
broken since the last monitoring period required in Sec. 63.174(b) of 
this subpart, as described in Sec. 63.174(c)(1) of this subpart, unless 
the owner or operator elects to comply with the provisions of Sec. 
63.174(c)(1)(ii) of this subpart.
    (ii) The date and results of monitoring as required in Sec. 
63.174(c) of this subpart. If identification of connectors that have 
been opened or otherwise had

[[Page 414]]

the seal broken is made by location under paragraph (d)(7)(i) of this 
section, then all connectors within the designated location shall be 
monitored.
    (8) The date and results of the monitoring required in Sec. 
63.178(c)(3)(i) of this subpart for equipment added to a batch process 
unit since the last monitoring period required in Sec. 63.178 
(c)(3)(ii) and (c)(3)(iii) of this subpart. If no leaking equipment is 
found in this monitoring, the owner or operator shall record that the 
inspection was performed. Records of the actual monitoring results are 
not required.
    (9) Copies of the periodic reports as specified in Sec. 63.182(d) 
of this subpart, if records are not maintained on a computerized 
database capable of generating summary reports from the records.
    (e) The owner or operator of a batch product process who elects to 
pressure test the batch product process equipment train to demonstrate 
compliance with this subpart is exempt from the requirements of 
paragraphs (b), (c), (d), and (f) of this section. Instead, the owner or 
operator shall maintain records of the following information:
    (1) The identification of each product, or product code, produced 
during the calendar year. It is not necessary to identify individual 
items of equipment in a batch product process equipment train.
    (2) [Reserved]
    (3) Physical tagging of the equipment to identify that it is in 
organic HAP service and subject to the provisions of this subpart is not 
required. Equipment in a batch product process subject to the provisions 
of this subpart may be identified on a plant site plan, in log entries, 
or by other appropriate methods.
    (4) The dates of each pressure test required in Sec. 63.178(b) of 
this subpart, the test pressure, and the pressure drop observed during 
the test.
    (5) Records of any visible, audible, or olfactory evidence of fluid 
loss.
    (6) When a batch product process equipment train does not pass two 
consecutive pressure tests, the following information shall be recorded 
in a log and kept for 2 years:
    (i) The date of each pressure test and the date of each leak repair 
attempt.
    (ii) Repair methods applied in each attempt to repair the leak.
    (iii) The reason for the delay of repair.
    (iv) The expected date for delivery of the replacement equipment and 
the actual date of delivery of the replacement equipment.
    (v) The date of successful repair.
    (f) The dates and results of each compliance test required for 
compressors subject to the provisions in Sec. 63.164(i) and the dates 
and results of the monitoring following a pressure release for each 
pressure relief device subject to the provisions in Sec. Sec. 63.165 
(a) and (b) of this subpart. The results shall include:
    (1) The background level measured during each compliance test.
    (2) The maximum instrument reading measured at each piece of 
equipment during each compliance test.
    (g) The owner or operator shall maintain records of the information 
specified in paragraphs (g)(1) through (g)(3) of this section for 
closed-vent systems and control devices subject to the provisions of 
Sec. 63.172 of this subpart. The records specified in paragraph (g)(1) 
of this section shall be retained for the life of the equipment. The 
records specified in paragraphs (g)(2) and (g)(3) of this section shall 
be retained for 2 years.
    (1) The design specifications and performance demonstrations 
specified in paragraphs (g)(1)(i) through (g)(1)(iv) of this section.
    (i) Detailed schematics, design specifications of the control 
device, and piping and instrumentation diagrams.
    (ii) The dates and descriptions of any changes in the design 
specifications.
    (iii) The flare design (i.e., steam-assisted, air-assisted, or non-
assisted) and the results of the compliance demonstration required by 
Sec. 63.11(b) of subpart A of this part.
    (iv) A description of the parameter or parameters monitored, as 
required in Sec. 63.172(e) of this subpart, to ensure that control 
devices are operated and maintained in conformance with their design and 
an explanation of why that parameter (or parameters) was selected for 
the monitoring.
    (2) Records of operation of closed-vent systems and control devices, 
as

[[Page 415]]

specified in paragraphs (g)(2)(i) through (g)(2)(iii) of this section.
    (i) Dates and durations when the closed-vent systems and control 
devices required in Sec. Sec. 63.163 through 63.166, and Sec. 63.170 
of this subpart are not operated as designed as indicated by the 
monitored parameters, including periods when a flare pilot light system 
does not have a flame.
    (ii) Dates and durations during which the monitoring system or 
monitoring device is inoperative.
    (iii) Dates and durations of start-ups and shutdowns of control 
devices required in Sec. Sec. 63.163 through 63.166, and Sec. 63.170 
of this subpart.
    (3) Records of inspections of closed-vent systems subject to the 
provisions of Sec. 63.172 of this subpart, as specified in paragraphs 
(g)(3)(i) and (g)(3)(ii) of this section.
    (i) For each inspection conducted in accordance with the provisions 
of Sec. 63.172(f)(1) or (f)(2) of this subpart during which no leaks 
were detected, a record that the inspection was performed, the date of 
the inspection, and a statement that no leaks were detected.
    (ii) For each inspection conducted in accordance with the provisions 
of Sec. 63.172(f)(1) or (f)(2) of this subpart during which leaks were 
detected, the information specified in paragraph (d) of this section 
shall be recorded.
    (h) Each owner or operator of a process unit subject to the 
requirements of Sec. Sec. 63.175 and 63.176 of this subpart shall 
maintain the records specified in paragraphs (h)(1) through (h)(9) of 
this section for the period of the quality improvement program for the 
process unit.
    (1) For owners or operators who elect to use a reasonable further 
progress quality improvement program, as specified in Sec. 63.175(d) of 
this subpart:
    (i) All data required in Sec. 63.175(d)(2) of this subpart.
    (ii) The percent leaking valves observed each quarter and the 
rolling average percent reduction observed in each quarter.
    (iii) The beginning and ending dates while meeting the requirements 
of Sec. 63.175(d) of this subpart.
    (2) For owners or operators who elect to use a quality improvement 
program of technology review and improvement, as specified in Sec. 
63.175(e) of this subpart:
    (i) All data required in Sec. 63.175(e)(2) of this subpart.
    (ii) The percent leaking valves observed each quarter.
    (iii) Documentation of all inspections conducted under the 
requirements of Sec. 63.175(e)(4) of this subpart, and any 
recommendations for design or specification changes to reduce leak 
frequency.
    (iv) The beginning and ending dates while meeting the requirements 
of Sec. 63.175(e) of this subpart.
    (3) For owners or operators subject to the requirements of the pump 
quality improvement program as specified in Sec. 63.176 of this 
subpart:
    (i) All data required in Sec. 63.176(d)(2) of this subpart.
    (ii) The rolling average percent leaking pumps.
    (iii) Documentation of all inspections conducted under the 
requirements of Sec. 63.176(d)(4) of this subpart, and any 
recommendations for design or specification changes to reduce leak 
frequency.
    (iv) The beginning and ending dates while meeting the requirements 
of Sec. 63.176(d) of this subpart.
    (4) If a leak is not repaired within 15 calendar days after 
discovery of the leak, the reason for the delay and the expected date of 
successful repair.
    (5) Records of all analyses required in Sec. Sec. 63.175(e) and 
63.176(d) of this subpart. The records will include the following:
    (i) A list identifying areas associated with poorer than average 
performance and the associated service characteristics of the stream, 
the operating conditions and maintenance practices.
    (ii) The reasons for rejecting specific candidate superior emission 
performing valve or pump technology from performance trials.
    (iii) The list of candidate superior emission performing valve or 
pump technologies, and documentation of the performance trial program 
items required under Sec. Sec. 63.175(e)(6)(iii) and 63.176(d)(6)(iii) 
of this subpart.
    (iv) The beginning date and duration of performance trials of each 
candidate superior emission performing technology.

[[Page 416]]

    (6) All records documenting the quality assurance program for valves 
or pumps as specified in Sec. Sec. 63.175(e)(7) and 63.176(d)(7) of 
this subpart.
    (7) Records indicating that all valves or pumps replaced or modified 
during the period of the quality improvement program are in compliance 
with the quality assurance requirements in Sec. Sec. 63.175(e)(7) and 
63.176(d)(7) of this subpart.
    (8) Records documenting compliance with the 20 percent or greater 
annual replacement rate for pumps as specified in Sec. 63.176(d)(8) of 
this subpart.
    (9) Information and data to show the corporation has fewer than 100 
employees, including employees providing professional and technical 
contracted services.
    (i) The owner or operator of equipment in heavy liquid service shall 
comply with the requirements of either paragraph (i)(1) or (i)(2) of 
this section, as provided in paragraph (i)(3) of this section.
    (1) Retain information, data, and analyses used to determine that a 
piece of equipment is in heavy liquid service.
    (2) When requested by the Administrator, demonstrate that the piece 
of equipment or process is in heavy liquid service.
    (3) A determination or demonstration that a piece of equipment or 
process is in heavy liquid service shall include an analysis or 
demonstration that the process fluids do not meet the definition of ``in 
light liquid service.'' Examples of information that could document this 
include, but are not limited to, records of chemicals purchased for the 
process, analyses of process stream composition, engineering 
calculations, or process knowledge.
    (j) Identification, either by list, location (area or group) of 
equipment in organic HAP service less than 300 hours per year within a 
process unit subject to the provisions of this subpart under Sec. 
63.160 of this subpart.
    (k) Owners and operators choosing to comply with the requirements of 
Sec. 63.179 of this subpart shall maintain the following records:
    (1) Identification of the process unit(s) and the organic HAP's they 
handle.
    (2) A schematic of the process unit, enclosure, and closed-vent 
system.
    (3) A description of the system used to create a negative pressure 
in the enclosure to ensure that all emissions are routed to the control 
device.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 
60 FR 18030, Apr. 10, 1995; 61 FR 31441, June 20, 1996; 62 FR 2792, Jan. 
17, 1997; 64 FR 20198, Apr. 26, 1999; 68 FR 37344, June 23, 2003]



Sec. 63.182  Reporting requirements.

    (a) Each owner or operator of a source subject to this subpart shall 
submit the reports listed in paragraphs (a)(1) through (a)(5) of this 
section. Owners or operators requesting an extension of compliance shall 
also submit the report listed in paragraph (a)(6) of this section.
    (1) An Initial Notification described in paragraph (b) of this 
section, and
    (2) A Notification of Compliance Status described in paragraph (c) 
of this section,
    (3) Periodic Reports described in paragraph (d) of this section, and
    (4)-(5) [Reserved]
    (6) Pursuant to section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing an existing source up to 1 
additional year beyond the compliance date specified in the subpart that 
references this subpart.
    (i) For purposes of this subpart, a request for an extension shall 
be submitted to the operating permit authority as part of the operating 
permit application. If the State in which the source is located does not 
have an approved operating permit program, a request for an extension 
shall be submitted to the Administrator as a separate submittal. The 
dates specified in Sec. 63.6(i) of subpart A of this part for submittal 
of requests for extensions shall not apply to sources subject to this 
subpart.
    (ii) A request for an extension of compliance must include the data 
described in Sec. 63.6(i)(6)(i) (A), (B), and (D) of subpart A of this 
part.
    (iii) The requirements in Sec. 63.6(i)(8) through (i)(14) of 
subpart A of this part will govern the review and approval of requests 
for extensions of compliance with this subpart.

[[Page 417]]

    (b) Each owner or operator of an existing or new source subject to 
the provisions of this subpart shall submit a written Initial 
Notification to the Administrator, containing the information described 
in paragraph (b)(1), according to the schedule in paragraph (b)(2) of 
this section. The Initial Notification provisions in Sec. 63.9(b)(1) 
through (b)(3) of subpart A of this part shall not apply to owners or 
operators of sources subject to this subpart.
    (1) The Initial Notification shall include the following 
information:
    (i) The name and address of the owner or operator;
    (ii) The address (physical location) of the affected source;
    (iii) An identification of the chemical manufacturing processes 
subject to this subpart; and
    (iv) A statement of whether the source can achieve compliance by the 
applicable compliance date specified in the subpart in 40 CFR part 63 
that references this subpart.
    (2) The Initial Notification shall be submitted according to the 
schedule in paragraph (b)(2)(i), (b)(2)(ii), or (b)(2)(iii) of this 
section, as applicable.
    (i) For an existing source, the Initial Notification shall be 
submitted within 120 days after the date of promulgation of the subpart 
that references this subpart.
    (ii) For a new source that has an initial start-up 90 days after the 
date of promulgation of this subpart or later, the application for 
approval of construction or reconstruction required by Sec. 63.5(d) of 
subpart A of this part shall be submitted in lieu of the Initial 
Notification. The application shall be submitted as soon as practicable 
before the construction or reconstruction is planned to commence (but it 
need not be sooner than 90 days after the date of promulgation of the 
subpart that references this subpart).
    (iii) For a new source that has an initial start-up prior to 90 days 
after the date of promulgation of the applicable subpart, the Initial 
Notification shall be submitted within 90 days after the date of 
promulgation of the subpart that references this subpart.
    (c) Each owner or operator of a source subject to this subpart shall 
submit a Notification of Compliance Status within 90 days after the 
compliance dates specified in the subpart in 40 CFR part 63 that 
references this subpart, except as provided in paragraph (c)(4) of this 
section.
    (1) The notification shall provide the information listed in 
paragraphs (c)(1)(i) through (c)(1)(iv) of this section for each process 
unit subject to the requirements of Sec. 63.163 through Sec. 63.174 of 
this subpart.
    (i) Process unit identification.
    (ii) Number of each equipment type (e.g., valves, pumps) excluding 
equipment in vacuum service.
    (iii) Method of compliance with the standard (for example, ``monthly 
leak detection and repair'' or ``equipped with dual mechanical seals'').
    (iv) Planned schedule for each phase of the requirements in Sec. 
63.163 and Sec. 63.168 of this subpart.
    (2) The notification shall provide the information listed in 
paragraphs (c)(2)(i) and (c)(2)(ii) of this section for each process 
unit subject to the requirements of Sec. 63.178(b) of this subpart.
    (i) Batch products or product codes subject to the provisions of 
this subpart, and
    (ii) Planned schedule for pressure testing when equipment is 
configured for production of products subject to the provisions of this 
subpart.
    (3) The notification shall provide the information listed in 
paragraphs (c)(3)(i) and (c)(3)(ii) of this section for each process 
unit subject to the requirements in Sec. 63.179 of this subpart.
    (i) Process unit identification.
    (ii) A description of the system used to create a negative pressure 
in the enclosure and the control device used to comply with the 
requirements of Sec. 63.172 of this subpart.
    (4) For existing sources subject to subpart F of this part, the 
Notification of Compliance Status shall be submitted for the group of 
process units with the earliest compliance date specified in Sec. 
63.100(k) of subpart F of this part, by no later than 90 days after the 
compliance date for that group. The Notification of Compliance Status 
for each subsequent group shall be submitted as part of the first 
periodic report that is due not less than 90 days after the compliance 
date for that group.

[[Page 418]]

    (d) The owner or operator of a source subject to this subpart shall 
submit Periodic Reports.
    (1) A report containing the information in paragraphs (d)(2), 
(d)(3), and (d)(4) of this section shall be submitted semiannually 
starting 6 months after the Notification of Compliance Status, as 
required in paragraph (c) of this section. The first periodic report 
shall cover the first 6 months after the compliance date specified in 
Sec. 63.100(k)(3) of subpart F. Each subsequent periodic report shall 
cover the 6 month period following the preceding period.
    (2) For each process unit complying with the provisions of Sec. 
63.163 through Sec. 63.174 of this subpart, the summary information 
listed in paragraphs (i) through (xvi) of this paragraph for each 
monitoring period during the 6-month period.
    (i) The number of valves for which leaks were detected as described 
in Sec. 63.168(b) of this subpart, the percent leakers, and the total 
number of valves monitored;
    (ii) The number of valves for which leaks were not repaired as 
required in Sec. 63.168(f) of this subpart, identifying the number of 
those that are determined nonrepairable;
    (iii) The number of pumps for which leaks were detected as described 
in Sec. 63.163(b) of this subpart, the percent leakers, and the total 
number of pumps monitored;
    (iv) The number of pumps for which leaks were not repaired as 
required in Sec. 63.163(c) of this subpart;
    (v) The number of compressors for which leaks were detected as 
described in Sec. 63.164(f) of this subpart;
    (vi) The number of compressors for which leaks were not repaired as 
required in Sec. 63.164(g) of this subpart;
    (vii) The number of agitators for which leaks were detected as 
described in Sec. 63.173(a) and (b) of this subpart;
    (viii) The number of agitators for which leaks were not repaired as 
required in Sec. 63.173(c) of this subpart;
    (ix) The number of connectors for which leaks were detected as 
described in Sec. 63.174(a) of this subpart, the percent of connectors 
leaking, and the total number of connectors monitored;
    (x) [Reserved]
    (xi) The number of connectors for which leaks were not repaired as 
required in Sec. 63.174(d) of this subpart, identifying the number of 
those that are determined nonrepairable;
    (xii) [Reserved]
    (xiii) The facts that explain any delay of repairs and, where 
appropriate, why a process unit shutdown was technically infeasible.
    (xiv) The results of all monitoring to show compliance with 
Sec. Sec. 63.164(i), 63.165(a), and 63.172(f) of this subpart conducted 
within the semiannual reporting period.
    (xv) If applicable, the initiation of a monthly monitoring program 
under Sec. 63.168(d)(1)(i) of this subpart, or a quality improvement 
program under either Sec. Sec. 63.175 or 63.176 of this subpart.
    (xvi) If applicable, notification of a change in connector 
monitoring alternatives as described in Sec. 63.174(c)(1) of this 
subpart.
    (xvii) If applicable, the compliance option that has been selected 
under Sec. 63.172(n).
    (3) For owners or operators electing to meet the requirements of 
Sec. 63.178(b) of this subpart, the report shall include the 
information listed in paragraphs (i) through (v) of this paragraph for 
each process unit.
    (i) Batch product process equipment train identification;
    (ii) The number of pressure tests conducted;
    (iii) The number of pressure tests where the equipment train failed 
the pressure test;
    (iv) The facts that explain any delay of repairs; and
    (v) The results of all monitoring to determine compliance with Sec. 
63.172(f) of this subpart.
    (4) The information listed in paragraph (c) of this section for the 
Notification of Compliance Status for process units with later 
compliance dates. Any revisions to items reported in earlier 
Notification of Compliance Status, if the method of compliance has 
changed since the last report.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994; 
60 FR 18030, Apr. 10, 1995; 60 FR 63631, Dec. 12, 1995; 62 FR 2792, Jan. 
17, 1997]

[[Page 419]]



Sec. 63.183  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.160, 63.162 through 63.176, 63.178 through 63.179. Follow the 
applicable procedures of Sec. 63.177 to request an alternative means of 
emission limitation for batch processes and enclosed-vented process 
units. Where these standards reference another subpart, the cited 
provisions will be delegated according to the delegation provisions of 
the referenced subpart. Where these standards reference another subpart 
and modify the requirements, the requirements shall be modified as 
described in this subpart. Delegation of the modified requirements will 
also occur according to the delegation provisions of the referenced 
subpart.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37345, June 23, 2003]



          Sec. Table 1 to Subpart H of Part 63--Batch Processes

                            Monitoring Frequency for Equipment Other than Connectors
----------------------------------------------------------------------------------------------------------------
                                          Equivalent continuous process monitoring frequency time in use
   Operating time (% of year)   --------------------------------------------------------------------------------
                                        Monthly                  Quarterly                   Semiannually
----------------------------------------------------------------------------------------------------------------
0 to <25.......................  Quarterly............  Annually...................  Annually.
25 to <50......................  Quarterly............  Semiannually...............  Annually.
50 to <75......................  Bimonthly............  Three times................  Semiannually.
75 to 100......................  Monthly..............  Quarterly..................  Semiannually.
----------------------------------------------------------------------------------------------------------------



Sec. Table 2 to Subpart H of Part 63--Surge Control Vessels and Bottoms 

                      Receivers at Existing Sources

------------------------------------------------------------------------
                                                  Vapor pressure \1\
       Vessel capacity (cubic meters)               (kilopascals)
------------------------------------------------------------------------
75 <= capacity < 151.......................  =13.1
151 <= capacity............................  = 5.2 \a\
------------------------------------------------------------------------
\1\ Maximum true vapor pressure of total organic HAP at operating
  temperature as defined in subpart G of this part.


[60 FR 18025, Apr. 10, 1995]



Sec. Table 3 to Subpart H of Part 63--Surge Control Vessels and Bottoms 

                        Receivers at New Sources

------------------------------------------------------------------------
                                                  Vapor pressure \1\
       Vessel capacity (cubic meters)               (kilopascals)
------------------------------------------------------------------------
38 <= capacity < 151.......................  = 13.1
151 <= capacity............................  = 0.7
------------------------------------------------------------------------
\1\ Maximum true vapor pressure of total organic HAP at operating
  temperature as defined in subpart G of this part.


[60 FR 18025, Apr. 10, 1995]

[[Page 420]]



Sec. Table 4 to Subpart H of Part 63--Applicable 40 CFR Part 63 General 

                               Provisions

------------------------------------------------------------------------
      40 CFR part 63, subpart A, provisions applicable to subpart H
-------------------------------------------------------------------------
Sec.  63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)
Sec.  63.2
Sec.  63.5(a)(1), (a)(2), (b), (d)(1)(ii), (d)(4), (e), (f)(1) and
 (f)(2)
Sec.  63.6(a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5)
 through (i)(14), (i)(16) and (j)
Sec.  63.9(a)(2), (b)(4)(i)\a\, (b)(4)(ii), (b)(4)(iii), (b)(5)a, (c)
 and (d)
Sec.  63.10(d)(4)
Sec.  63.11 (c), (d), and (e)
Sec.  63.12(b)
------------------------------------------------------------------------
\a\ The notifications specified in Sec.  63.9(b)(4)(i) and (b)(5) shall
  be submitted at the times specified in 40 CFR part 65.


[65 FR 78285, Dec. 14, 2000, as amended at 73 FR 78213, Dec. 22, 2008]



    Subpart I_National Emission Standards for Organic Hazardous Air 

 Pollutants for Certain Processes Subject to the Negotiated Regulation 

                           for Equipment Leaks

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



Sec. 63.190  Applicability and designation of source.

    (a) This subpart provides applicability provisions, definitions, and 
other general provisions that are applicable to sources subject to this 
subpart.
    (b) Except as provided in paragraph (b)(7) of this section, the 
provisions of subparts I and H of this part apply to emissions of the 
designated organic HAP from the processes specified in paragraphs (b)(1) 
through (b)(6) of this section that are located at a plant site that is 
a major source as defined in section 112(a) of the Act. The specified 
processes are further defined in Sec. 63.191.
    (1) Styrene-butadiene rubber production (butadiene and styrene 
emissions only).
    (2) Polybutadiene rubber production (butadiene emissions only).
    (3) The processes producing the agricultural chemicals listed in 
paragraphs (b)(3)(i) through (b)(3)(v) of this section (butadiene, 
carbon tetrachloride, methylene chloride, and ethylene dichloride 
emissions only).
    (i) Captafol [supreg],
    (ii) Captan [supreg],
    (iii) Chlorothalonil,
    (iv) Dacthal, and
    (v) Tordon [supreg] acid.
    (4) Processes producing the polymers/resins or other chemical 
products listed in paragraphs (b)(4)(i) through (b)(4)(vi) of this 
section (carbon tetrachloride, methylene chloride, tetrachloroethylene, 
chloroform, and ethylene dichloride emissions only).
    (i) Hypalon [supreg],
    (ii) Oxybisphenoxarsine/1,3-diisocyanate (OBPA [supreg]),
    (iii) Polycarbonates,
    (iv) Polysulfide rubber,
    (v) Chlorinated paraffins, and
    (vi) Symmetrical tetrachloropyridine.
    (5) Pharmaceutical production processes using carbon tetrachloride 
or methylene chloride (carbon tetrachloride and methylene chloride 
emissions only).
    (6) Processes producing the polymers/resins or other chemical 
products listed in paragraphs (b)(6)(i) through (b)(6)(v) of this 
section (butadiene emissions only).
    (i) [Reserved]
    (ii) Methylmethacrylate-butadiene-styrene resins (MBS)
    (iii) Butadiene-furfural cotrimer,
    (iv) Methylmethacrylate-acrylonitrile-butadiene-styrene (MABS) 
resins, and
    (v) Ethylidene norbornene.
    (7) The owner or operator of a plant site at which a process 
specified in paragraphs (b)(1) through (b)(6) of this section is located 
is exempt from all requirements of this subpart I until not later than 
April 22, 1997 if the owner or operator certifies, in a notification to 
the appropriate EPA Regional Office, not later than May 14, 1996, that 
the plant site at which the process is located emits, and will continue 
to emit,

[[Page 421]]

during any 12-month period, less than 10 tons per year of any individual 
HAP, and less than 25 tons per year of any combination of HAP.
    (i) If such a determination is based on limitations and conditions 
that are not federally enforceable (as defined in subpart A of this 
part), the owner or operator shall document the basis for the 
determination as specified in paragraphs (b)(7)(i)(A) through 
(b)(7)(i)(C).
    (A) The owner or operator shall identify all HAP emission points at 
the plant site, including those emission points subject to and emission 
points not subject to subparts F, G, and H of this part;
    (B) The owner or operator shall calculate the amount of annual HAP 
emissions released from each emission point at the plant site, using 
acceptable measurement or estimating techniques for maximum expected 
operating conditions at the plant site. Examples of estimating 
procedures that are considered acceptable include the calculation 
procedures in Sec. 63.150 of subpart G, the early reduction 
demonstration procedures specified in Sec. Sec. 63.74(c)(2), (c)(3), 
(d)(2), (d)(3), and (g), or accepted engineering practices. If the total 
annual HAP emissions for the plant site are annually reported under 
EPCRA section 313, then such reported annual emissions may be used to 
satisfy the requirements of this paragraph.
    (C) The owner or operator shall sum the amount of annual HAP 
emissions from all emission points on the plant site. If the total 
emissions of any one HAP are less than 10 tons per year and the total 
emissions of any combination of HAP are less than 25 tons per year, the 
plant site qualifies for the exemption described in paragraph (b)(7) of 
this section, provided that emissions are kept below these thresholds.
    (ii) If such a determination is based on limitations and conditions 
that are federally enforceable, and the plant site is not a major source 
(as defined in subpart A of this part), the owner or operator is not 
subject to the provisions of paragraph (b)(7) of this section.
    (c) The owner or operator of a process listed in paragraph (b) of 
this section that does not have the designated organic hazardous air 
pollutants present in the process shall comply only with the 
requirements of Sec. 63.192(k) of this subpart. To comply with this 
subpart, such processes shall not be required to comply with the 
provisions of subpart A of this part.
    (d) For the purposes of subparts I and H of this part, the source 
includes pumps, compressors, agitators, pressure relief devices, 
sampling connection systems, open-ended valves or lines, valves, 
connectors, surge control vessels, bottoms receivers, and 
instrumentation systems that are associated with the processes 
identified in paragraph (b) of this section and are intended to operate 
in organic hazardous air pollutant service (as defined in Sec. 63.191 
of this subpart) for 300 hours or more during the calendar year. If 
specific items of equipment, comprising part of a process unit subject 
to this subpart, are managed by different administrative organizations 
(e.g., different companies, affiliates, departments, divisions, etc.) 
those items of equipment may be aggregated with any process unit within 
the source for all purposes under subpart H of this part, providing 
there is no delay in the applicable compliance date in paragraph (e) of 
this section.
    (e) The owner or operator of a process subject to this subpart is 
required to comply with the provisions of subpart H of this part on or 
before the dates specified in paragraph (e)(1) or (e)(2) of this 
section, unless the owner or operator eliminates the use or production 
of all HAP's that cause the process to be subject to this rule no later 
than 18 months after April 22, 1994.
    (1) New sources that commence construction or reconstruction after 
December 31, 1992 shall comply upon initial start-up or April 22, 1994.
    (2) Existing sources shall comply no later than October 24, 1994, 
except as provided in paragraphs (e)(3) through (e)(6) of this section 
or unless an extension has been granted by the EPA Regional Office or 
operating permit authority, as provided in Sec. 63.6(i) of subpart A of 
this part.
    (3) Existing process units shall be in compliance with the 
requirements of Sec. 63.164 of subpart H no later than May 10, 1995, 
for any compressor meeting

[[Page 422]]

one or more of the criteria in paragraphs (e)(3)(i) through (e)(3)(iv) 
of this section, if the work can be accomplished without a process unit 
shutdown, as defined in Sec. 63.161.
    (i) The seal system will be replaced;
    (ii) A barrier fluid system will be installed;
    (iii) A new barrier fluid will be utilized which requires changes to 
the existing barrier fluid system; or
    (iv) The compressor must be modified to permit connecting the 
compressor to a closed vent system.
    (4) Existing process units shall be in compliance with the 
requirements of Sec. 63.164 of subpart H no later than January 23, 
1996, for any compressor meeting the criteria in paragraphs (e)(4)(i) 
through (e)(4)(iv) of this section.
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (e)(3) (i) through (iv) of this section;
    (ii) The work can be accomplished without a process unit shutdown as 
defined in Sec. 63.161;
    (iii) The additional time is actually necessary due to the 
unavailability of parts beyond the control of the owner or operator; and
    (iv) The owner or operator submits a request to the appropriate EPA 
Regional Office at the addresses listed in Sec. 63.13 of subpart A of 
this part no later than May 10, 1995. The request shall include the 
information specified in paragraphs (e)(4)(iv)(A) through (e)(4)(iv)(E) 
of this section. Unless the EPA Regional Office objects to the request 
within 30 days after receipt, the request shall be deemed approved.
    (A) The name and address of the owner or operator and the address of 
the existing source if it differs from the address of the owner or 
operator;
    (B) The name, address, and telephone number of a contact person for 
further information;
    (C) An identification of the process unit, and of the specific 
equipment for which additional compliance time is required;
    (D) The reason compliance cannot reasonably be achieved by May 10, 
1995; and
    (E) The date by which the owner or operator expects to achieve 
compliance.
    (5)(i) If compliance with the compressor provisions of Sec. 63.164 
of subpart H of this part cannot reasonably be achieved without a 
process unit shutdown, as defined in Sec. 63.161 of subpart H, the 
owner or operator shall achieve compliance no later than April 22, 1996, 
except as provided in paragraph (e)(5)(ii) of this section. The owner or 
operator who elects to use this provision shall also comply with the 
requirements of Sec. 63.192(m) of this subpart.
    (ii) If compliance with the compressor provisions of Sec. 63.164 of 
subpart H of this part cannot be achieved without replacing the 
compressor or recasting the distance piece, the owner or operator shall 
achieve compliance no later than April 22, 1997. The owner or operator 
who elects to use this provision shall also comply with the requirements 
of Sec. 63.192(m) of this subpart.
    (6) Existing sources shall be in compliance with the provisions of 
Sec. 63.170 of subpart H no later than April 22, 1997.
    (f) The provisions of subparts I and H of this part do not apply to 
research and development facilities or to bench-scale batch processes, 
regardless of whether the facilities or processes are located at the 
same plant site as a process subject to the provisions of subpart I and 
H of this part.
    (g)(1) If an additional process unit specified in paragraph (b) of 
this section is added to a plant site that is a major source as defined 
in Section 112(a) of the CAA, the addition shall be subject to the 
requirements for a new source in subparts H and I of this part if:
    (i) It is an addition that meets the definition of construction in 
Sec. 63.2 of subpart A of this part;
    (ii) Such construction commenced after December 31, 1992; and
    (iii) The addition has the potential to emit 10 tons per year or 
more of any HAP or 25 tons per year or more of any combination of HAP's, 
unless the Administrator establishes a lesser quantity.
    (2) If any change is made to a process subject to this subpart, the 
change shall be subject to the requirements for a new source in subparts 
H and I of this part if:

[[Page 423]]

    (i) It is a change that meets the definition of reconstruction in 
Sec. 63.2 of subpart A of this part;
    (ii) Such reconstruction commenced after December 31, 1992.
    (3) If an additional process unit is added to a plant site or a 
change is made to a process unit and the addition or change is 
determined to be subject to the new source requirements according to 
paragraphs (g)(1) or (g)(2) of this section:
    (i) The new or reconstructed source shall be in compliance with the 
new source requirements of subparts H and I of this part upon initial 
start-up of the new or reconstructed source or by April 22, 1994, 
whichever is later; and
    (ii) The owner or operator of the new or reconstructed source shall 
comply with the reporting and recordkeeping requirements in subparts H 
and I of this part that are applicable to new sources. The applicable 
reports include, but are not limited to:
    (A) Reports required by Sec. 63.182(b), if not previously 
submitted, Sec. 63.182 (c) and (d) of subpart H of this part; and
    (B) Reports and notifications required by sections of subpart A of 
this part that are applicable to subparts H and I of this part, as 
identified in Sec. 63.192(a) of this subpart.
    (4) If an additional process unit is added to a plant site, if a 
surge control vessel or bottoms receiver becomes subject to Sec. 63.170 
of subpart H, or if a compressor becomes subject to Sec. 63.164 of 
subpart H, and if the addition or change is not subject to the new 
source requirements as determined according to paragraphs (g)(1) or 
(g)(2) of this section, the requirements in paragraphs (g)(4)(i) through 
(g)(4)(iii) of this section shall apply. Examples of process changes 
include, but are not limited to, changes in production capacity, 
feedstock type, or catalyst type, or whenever there is replacement, 
removal, or addition of recovery equipment. For purposes of this 
paragraph, process changes do not include: process upsets, unintentional 
temporary process changes, and changes that are within the equipment 
configuration and operating conditions documented in the Notification of 
Compliance Status required by Sec. 63.182(c) of subpart H of this part.
    (i) The added emission point(s) and any emission point(s) within the 
added or changed process unit are subject to the requirements of 
subparts H and I of this part for an existing source;
    (ii) The added emission point(s) and any emission point(s) within 
the added or changed process unit shall be in compliance with subparts H 
and I of this part by the dates specified in paragraphs (g)(4)(ii)(A) or 
(g)(4)(ii)(B) of this section, as applicable.
    (A) If a process unit is added to a plant site or an emission 
point(s) is added to an existing process unit, the added process unit or 
emission point(s) shall be in compliance upon initial start-up of the 
added process unit or emission point(s) or by April 22, 1997, whichever 
is later.
    (B) If a surge control vessel or bottoms receiver becomes subject to 
Sec. 63.170 of subpart H, if a compressor becomes subject to Sec. 
63.164 of subpart H, or if a deliberate operational process change 
causes equipment to become subject to subpart H of this part, the owner 
or operator shall be in compliance upon initial start-up or by April 22, 
1997, whichever is later, unless the owner or operator demonstrates to 
the Administrator that achieving compliance will take longer than making 
the change. The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule. The Administrator shall approve the compliance schedule or 
request changes within 120 calendar days of receipt of the compliance 
schedule and justification.
    (iii) The owner or operator of a process unit or emission point that 
is added to a plant site and is subject to the requirements for existing 
sources shall comply with the reporting and recordkeeping requirements 
of subparts H and I of this part that are applicable to existing 
sources, including, but not limited to, the reports listed in paragraphs 
(g)(4)(iii)(A) and (g)(4)(iii)(B) of this section.
    (A) Reports required by Sec. 63.182 of subpart H of this part; and
    (B) Reports and notifications required by sections of subpart A of 
this part that are applicable to subparts H

[[Page 424]]

and I of this part, as identified in Sec. 63.192(a) of this subpart.
    (h) Rules stayed for reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of subpart I is stayed from 
October 24, 1994, to April 24, 1995, only as applied to those sources 
for which the owner or operator makes a representation in writing to the 
Administrator that the resolution of the area source definition issues 
could have an effect on the compliance status of the source with respect 
to subpart I.
    (i) Sections stayed for reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of Sec. Sec. 63.164 and 
63.170 of subpart H is stayed from October 28, 1994, to April 24, 1995, 
only as applied to those sources subject to Sec. 63.190(e)(2).
    (j) If a change that does not meet the criteria in paragraph (g)(4) 
of this section is made to a process unit subject to subparts H and I of 
this part, and the change causes equipment to become subject to the 
provisions of subpart H of this part, then the owner or operator shall 
comply with the requirements of subpart H of this part for the equipment 
as expeditiously as practical, but in no event later than three years 
after the equipment becomes subject.
    (1) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (2) The Administrator shall approve the compliance schedule or 
request changes within 120 calendar days of receipt of the compliance 
schedule and justification.

[59 FR 19587, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994; 
59 FR 53360, Oct. 24, 1994; 59 FR 54132, Oct. 28, 1994; 60 FR 5321, Jan. 
27, 1995; 60 FR 18025, Apr. 10, 1995; 61 FR 7718, Feb. 29, 1996; 61 FR 
31441, June 20, 1996; 62 FR 2792, Jan. 17, 1997]



Sec. 63.191  Definitions.

    (a) The following terms as used in subparts I and H of this part 
shall have the meaning given them in subpart A of this part: Act, 
Administrator, approved permit program, commenced, compliance date, 
construction, effective date, EPA, equivalent emission limitation, 
existing source, Federally enforceable, hazardous air pollutant, lesser 
quantity, major source, malfunction, new source, owner or operator, 
performance evaluation, performance test, permit program, permitting 
authority, reconstruction, relevant standard, responsible official, run, 
standard conditions, State, and stationary source.
    (b) All other terms used in this subpart and in subpart H of this 
part shall have the meaning given them in the Act and in this section. 
If the same term is defined in subpart A or H of this part and in this 
section, it shall have the meaning given in this section for purposes of 
subparts I and H of this part.
    Bench-scale batch process means a batch process (other than a 
research and development facility) that is operated on a small scale, 
such as one capable of being located on a laboratory bench top. This 
bench-scale equipment will typically include reagent feed vessels, a 
small reactor and associated product separator, recovery and holding 
equipment. These processes are only capable of producing small 
quantities of product.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    Butadiene-furfural cotrimer (R-11) means the product of reaction of 
butadiene with excess furfural in a liquid phase reactor. R-11 is 
usually used as an insect repellant and as a delousing agent for cows in 
the dairy industry.
    Captafol [supreg] means the fungicide Captafol ([cis-N(1,1,2,2-
tetrachloroethyl)-thio]-4-cylcohexene-1,2-dicarboximide). The category 
includes any production process units that store, react, or otherwise 
process 1,3-butadiene in the production of Captafol.
    Captan [supreg] means the fungicide Captan. The production process 
typically includes, but is not limited to, the reaction of 
tetrahydrophthalimide and perchloromethyl mercaptan with caustic.
    Chlorinated paraffins means dry chlorinated paraffins, which are 
mainly straight-chain, saturated hydrocarbons. The category includes, 
but is not limited to, production of

[[Page 425]]

chlorinated paraffins by passing gaseous chlorine into a paraffin 
hydrocarbon or by chlorination by using solvents, such as carbon 
tetrachloride, under reflux.
    Chlorothalonil means the agricultural fungicide, bactericide and 
nematocide Chlorothalonil (Daconil). The category includes any process 
units utilized to dissolve tetrachlorophthalic acid chloride in an 
organic solvent, typically carbon tetrachloride, with the subsequent 
addition of ammonia.
    Dacthal \TM\ means the pre-emergent herbicide Dacthal \TM\, also 
known as DCPA, DAC, and dimethyl ester 2,3,5,6-tetrachloroterephthalic 
acid. The category includes, but is not limited to, chlorination 
processes and the following production process units: photochlorination 
reactors, thermal chlorination reactors, and condensers.
    Ethylidene Norbornene means the diene with CAS number 16219-75-3. 
Ethylidene norbornene is used in the production of ethylene-propylene 
rubber products.
    Hypalon \TM\ (chlorosulfonated polyethylene) means a synthetic 
rubber produced by reacting polyethylene with chloric and sulfur 
dioxide, transforming the thermoplastic polyethylene into a vulcanized 
elastomer. The reaction is conducted in a solvent (carbon tetrachloride) 
reaction medium.
    Initial start-up means the first time a new or reconstructed source 
begins production. Initial start-up does not include operation solely 
for testing equipment. For purposes of subpart H of this part, initial 
start-up does not include subsequent start-ups (as defined in Sec. 
63.161 of subpart H of this part) of process units (as defined in Sec. 
63.161 of subpart H of this part) following malfunctions or process unit 
shutdowns.
    In organic hazardous air pollutant service or in organic HAP service 
means that a piece of equipment either contains or contacts a fluid 
(liquid or gas) that is at least 5 percent by weight of the designated 
organic HAP's listed in Sec. 63.190(b) of this subpart.
    Methyl Methacrylate-Acrylonitrile-Butadiene-Styrene (MABS) Resins 
means styrenic polymers containing methyl methacrylate, acrylonitrile, 
1,3-butadiene, and styrene. The MABS copolymers are prepared by 
dissolving or dispersing polybutadiene rubber in a mixture of methyl 
methacrylate- acrylonitrile-styrene and butadiene monomer. The graft 
polymerization is carried out by a bulk or a suspension process.
    Methyl Methacrylate-Butadiene-Styrene (MBS) Resins means styrenic 
polymers containing methyl methacrylate, 1,3-butadiene, and styrene. 
Production of MBS terpolymers is achieved using an emulsion process in 
which methyl methacrylate and styrene are grafted onto a styrene- 
butadiene rubber.
    On-site or On site means, with respect to records required to be 
maintained by this subpart, that the records are stored at a location 
within a major source which encompasses the affected source. On-site 
includes, but is not limited to, storage at the process unit to which 
the records pertain, or storage in central files elsewhere at the major 
source.
    Oxybisphenoxarsine (OBPA)/1,3-Diisocyanate means the chemical with 
CAS number 58-36-6. The chemical is primarily used for fungicidal and 
bactericidal protection of plastics. The process uses chloroform as a 
solvent.
    Pharmaceutical production process means a process that synthesizes 
one or more pharmaceutical intermediate or final products using carbon 
tetrachloride or methylene chloride as a reactant or process solvent. 
Pharmaceutical production process does not mean process operations 
involving formulation activities, such as tablet coating or spray 
coating of drug particles, or solvent recovery or waste management 
operations.
    Polybutadiene production means a process that produces polybutadiene 
through the polymerization of 1,3-butadiene.
    Polycarbonates means a special class of polyester formed from any 
dihydroxy compound and any carbonate diester or by ester interchange. 
Polycarbonates may be produced by solution or emulsion polymerization, 
although other methods may be used. A typical method for the manufacture 
of polycarbonates includes the reaction of bisphenol-A with phosgene in 
the presence of pyridine to form a

[[Page 426]]

polycarbonate. Methylene chloride is used as a solvent in this 
polymerization reaction.
    Polysulfide rubber means a synthetic rubber produced by reaction of 
sodium sulfide and p-dichlorobenzene at an elevated temperature in a 
polar solvent. This rubber is resilient and has low temperature 
flexibility.
    Process Unit means the group of equipment items used to process raw 
materials and to manufacture a product. For the purposes of this 
subpart, process unit includes all unit operations and associated 
equipment (e.g., reactors and associated product separators and recovery 
devices), associated unit operations (e.g., extraction columns), any 
feed and product storage vessels, and any transfer racks for 
distribution of final product.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products except in a deminimis manner.
    Source means the collection of equipment listed in Sec. 63.190(d) 
to which this subpart applies as determined by the criteria in Sec. 
63.190. For purposes of subparts H and I of this part, the term affected 
source as used in subpart A of this part has the same meaning as the 
term source defined here.
    Styrene-butadiene rubber production means a process that produces 
styrene-butadiene copolymers, whether in solid (elastomer) or emulsion 
(latex) form.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a process 
unit when in-process storage, mixing, or management of flow rates or 
volumes is needed to assist in production of a product.
    Symmetrical tetrachloropyridine means the chemical with CAS number 
2402-79-1.
    Tordon acid \TM\ means the synthetic herbicide 4-amino-3,5,6-
trichloropicolinic acid, picloram. The category includes, but is not 
limited to, chlorination processes utilized in Tordon \TM\ acid 
production.

[59 FR 19587, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994; 
60 FR 18026, 18030, Apr. 10, 1995; 61 FR 31442, June 20, 1996; 62 FR 
2792, Jan. 17, 1997]



Sec. 63.192  Standard.

    (a)(1) The owner or operator of a source subject to this subpart 
shall comply with the requirements of subpart H of this part for the 
processes and designated organic HAP's listed in Sec. 63.190(b) of this 
subpart.
    (2) The owner or operator of a pharmaceutical production process 
subject to this subpart may define a process unit as a set of 
operations, within a source, producing a product, as all operations 
collocated within a building or structure or as all affected operations 
at the source.
    (b) All provisions in Sec. Sec. 63.1 through 63.15 of subpart A of 
this part which apply to owners and operators of sources subject to 
subparts I and H of this part, are:
    (1) The applicability provisions of Sec. 63.1 (a)(1), (a)(2), 
(a)(10), (a)(12) through (a)(14);
    (2) The definitions of Sec. 63.2 unless changed or modified by 
specific entry in Sec. 63.191 or Sec. 63.161;
    (3) The units and abbreviations in Sec. 63.3;
    (4) The prohibited activities and circumvention provisions of Sec. 
63.4 (a)(1), (a)(2), (a)(3), (a)(5), and (b);
    (5) The construction and reconstruction provisions of Sec. 63.5(a), 
(b)(1), (b)(3), (d) (except the review is limited to the equipment 
subject to the provisions of subpart H), (e), and (f);
    (6)(i) The compliance with standards and maintenance requirements of 
Sec. 63.6(a), (b)(3), (c)(5), (e), (i)(1), (i)(2), (i)(4)(i)(A), 
(i)(6)(i), (i)(8) through (i)(10), (i)(12) through (i)(14), (i)(16), and 
(j);
    (ii) The operational and maintenance requirements of Sec. 63.6(e). 
The startup, shutdown, and malfunction plan requirement of Sec. 
63.6(e)(3) is limited to control devices subject to the provisions of 
subpart H of part 63 and is optional for other equipment subject to 
subpart H. The startup, shutdown, and malfunction plan may include 
written procedures that identify conditions that justify a delay of 
repair.

[[Page 427]]

    (7) With respect to flares, the performance testing requirements of 
Sec. 63.7(a)(3), (d), (e)(1), (e)(2), (e)(4), and (h);
    (8) The notification requirements of Sec. 63.9 (a)(1), (a)(3), 
(a)(4), (b)(1)(i), (b)(4), (b)(5) (except, use the schedule specified in 
subpart H), (c), (d), and (i);
    (9) The recordkeeping and reporting requirements of Sec. 63.10(a) 
and (f);
    (10) The control device requirements of Sec. 63.11(b); and
    (11) The provisions of Sec. 63.12 through Sec. 63.15.
    (c) Initial performance tests and initial compliance determinations 
shall be required only as specified in subpart H of this part.
    (1) Performance tests and compliance determinations shall be 
conducted according to the applicable sections of subpart H.
    (2) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 days before the 
performance test is scheduled to allow the Administrator the opportunity 
to have an observer present during the test.

    Note: This requirement does not apply to equipment subject to 
monitoring using Method 21 of part 60, appendix A.

    (3) Performance tests shall be conducted according to the provisions 
of Sec. 63.7(e) of subpart A of this part, except that performance 
tests shall be conducted at maximum representative operating conditions 
for the process. During the performance test, an owner or operator may 
operate the control or recovery device at maximum or minimum 
representative operating conditions for monitored control or recovery 
device parameters, whichever results in lower emission reduction.
    (4) Data shall be reduced in accordance with the EPA-approved 
methods specified in the applicable subpart, or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301 of appendix A of this part.
    (d) An application for approval of construction or reconstruction, 
40 CFR 63.5 of this chapter, will not be required if:
    (1) The new process unit complies with the applicable standards in 
Sec. 63.162 or Sec. 63.178 of subpart H of this part; and
    (2) In the next semiannual report required by Sec. 63.182(d) of 
subpart H of this part, the information in Sec. 63.182(c) of subpart H 
of this part is reported.
    (e) If an owner or operator of a process plans to eliminate the use 
or production of all HAP's that cause the process to be subject to the 
provisions of subparts I and H of this part no later than 18 months 
after April 22, 1994, the owner or operator shall submit to the 
Administrator a brief description of the change, identify the HAP's 
eliminated, and the expected date of cessation of operation of the 
current process, by no later than January 23, 1995.
    (f) Each owner or operator of a source subject to subparts I and H 
of this part shall keep copies of all applicable reports and records 
required by subpart H for at least 2 years, except as otherwise 
specified in subpart H. If an owner or operator submits copies of 
reports to the applicable EPA Regional Office, the owner or operator is 
not required to maintain copies of reports. If the EPA Regional Office 
has waived the requirement of Sec. 63.10(a)(4)(ii) for submittal of 
copies of reports, the owner or operator is not required to maintain 
copies of reports.
    (1) All applicable records shall be maintained in such a manner that 
they can be readily accessed. The most recent 6 months of records shall 
be retained on site or shall be accessible from a central location by 
computer or other means that provides access within 2 hours after a 
request.
    (2) The owner or operator subject to subparts I and H of this part 
shall keep the records specified in this paragraph, as well as records 
specified in subpart H of this part.
    (i) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of operation of a process subject to this 
subpart as specified in Sec. 63.190(b) of this subpart.
    (ii) Records of the occurrence and duration of each malfunction of 
air pollution control equipment or continuous monitoring systems used to 
comply with subparts I and H of this part.

[[Page 428]]

    (iii) For each start-up, shutdown, and malfunction, records that the 
procedures specified in the source's start-up, shutdown, and malfunction 
plan were followed, and documentation of actions taken that are not 
consistent with the plan. These records may take the form of a 
``checklist,'' or other form of recordkeeping that confirms conformance 
with the startup, shutdown, and malfunction plan for the event.
    (g) All reports required under subpart H shall be sent to the 
Administrator at the addresses listed in Sec. 63.13 of subpart A of 
this part.
    (1) Wherever subpart A specifies ``postmark'' dates, submittals may 
be sent by methods other than the U.S. Mail (e.g., by fax or courier). 
Submittals shall be sent on or before the specified date.
    (2) If acceptable to both the Administrator and the owner or 
operator of a source, reports may be submitted on electronic media.
    (h) If, in the judgment of the Administrator, an alternative means 
of emission limitation will achieve a reduction in organic HAP emissions 
at least equivalent to the reduction in organic HAP emissions from that 
source achieved under any design, equipment, work practice, or 
operational standards in subpart H of this part, the Administrator will 
publish in the Federal Register a notice permitting the use of the 
alternative means for purposes of compliance with that requirement.
    (1) The notice may condition the permission on requirements related 
to the operation and maintenance of the alternative means.
    (2) Any notice under paragraph (h) of this section shall be 
published only after public notice and an opportunity for a hearing.
    (3) Any person seeking permission to use an alternative means of 
compliance under this section shall collect, verify, and submit to the 
Administrator information showing that the alternative means achieves 
equivalent emission reductions.
    (i) Each owner or operator of a source subject to this subpart shall 
obtain a permit under 40 CFR part 70 or part 71 from the appropriate 
permitting authority.
    (1) If EPA has approved a State operating permit program under 40 
CFR part 70, the permit shall be obtained from the State authority.
    (2) If the State operating permit program has not been approved, the 
source shall apply to the EPA regional office pursuant to 40 CFR part 
71.
    (j) The requirements in subparts I and H of this part are Federally 
enforceable under section 112 of the Act on and after the dates 
specified in Sec. 63.190(d) of this subpart.
    (k) The owner or operator of a process unit which meets the criteria 
of Sec. 63.190 (c), shall comply with the requirements of either 
paragraph (k)(1) or (k)(2) of this section.
    (1) Retain information, data, and analysis used to determine that 
the process unit does not have the designated organic hazardous air 
pollutant present in the process. Examples of information that could 
document this include, but are not limited to, records of chemicals 
purchased for the process, analyses of process stream composition, 
engineering calculations, or process knowledge.
    (2) When requested by the Administrator, demonstrate that the 
chemical manufacturing process unit does not have the designated organic 
hazardous air pollutant present in the process.
    (l) To qualify for the exemption specified in Sec. 63.190(b)(7) of 
this subpart, the owner or operator shall maintain the documentation of 
the information required pursuant to Sec. 63.190(b)(7)(i), and 
documentation of any update of this information requested by the EPA 
Regional Office, and shall provide the documentation to the EPA Regional 
Office upon request. The EPA Regional Office will notify the owner or 
operator, after reviewing such documentation, whether, in the EPA 
Regional Office's judgement, the source does not qualify for the 
exemption specified in Sec. 63.190(b)(7) of this subpart. In such 
cases, compliance with this subpart shall be required no later than 90 
days after the date of such notification by the EPA Regional Office.
    (m) An owner or operator who elects to use the compliance extension 
provisions of Sec. 63.190(e)(5) (i) or (ii) shall submit a compliance 
extension request to the appropriate EPA Regional Office no

[[Page 429]]

later than May 10, 1995. The request shall contain the information 
specified in Sec. 63.190(e)(4)(iv) and the reason compliance cannot 
reasonably be achieved without a process unit shutdown, as defined in 
Sec. 63.161 of subpart H or replacement of the compressor or recasting 
of the distance piece.

[59 FR 19587, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994; 
60 FR 18026, 18030, Apr. 10, 1995; 61 FR 31442, June 20, 1996; 62 FR 
2793, Jan. 17, 1997]



Sec. 63.193  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.190 and 63.192(a) through (b), (e), and (h) through (j). Where these 
standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37345, June 23, 2003]



 Subpart J_National Emission Standards for Hazardous Air Pollutants for 

              Polyvinyl Chloride and Copolymers Production

    Source: 67 FR 45891, July 10, 2002 unless otherwise noted.

                        What This Subpart Covers



Sec. 63.210  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for polyvinyl chloride (PVC) and copolymers 
production.



Sec. 63.211  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a PVC 
plant, as defined in 40 CFR 61.61(c) of this chapter, 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) You are a major source of HAP emissions if you own or operate 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.



Sec. 63.212  What parts of my facility does this subpart cover?

    (a) This subpart applies to each new or existing affected source at 
PVC and copolymers production operations.
    (b) The affected source subject to this subpart is the collection of 
all equipment and activities in vinyl chloride service necessary to 
produce PVC and copolymers. This subpart applies to the PVC and 
copolymers production operations that meet the applicability criteria at 
40 CFR 61.60(a)(3) of this chapter.
    (c) An affected source is a new affected source if you commenced 
construction or reconstruction of the affected source after July 10, 
2002.

[[Page 430]]

    (d) An affected source is existing if it is not new.
    (e) This subpart does not apply to research and development 
facilities, as defined in section 112(c)(7) of the Clean Air Act.



Sec. 63.213  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 startup your affected source before July 10, 2002, then 
you must comply with the standards in this subpart no later than July 
10, 2002.
    (2) If you startup your affected source after July 10, 2002, then 
you must comply with the standards in this subpart upon startup of your 
affected source.
    (b) If you have an existing affected source, you must be in 
compliance with the standards in this subpart by July 10, 2002.
    (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) An area source that meets the criteria of a new affected source 
as specified at Sec. 63.212(d) must be in compliance with this subpart 
upon becoming a major source.
    (2) An area source that meets the criteria of an existing affected 
source as specified at Sec. 63.212(e) must be in compliance with this 
subpart upon becoming a major source.

                  Standards and Compliance Requirements



Sec. 63.214  What are the requirements I must comply with?

    (a) You must meet all the requirements in 40 CFR part 61, subpart F 
of this chapter, as they pertain to processes that manufacture 
polymerized vinyl chloride, except as specified in paragraphs (a)(1) and 
(2) of this section. These requirements include the emission standards 
and compliance, testing, monitoring, notification, recordkeeping, and 
reporting requirements.
    (1) Where 40 CFR part 61, subpart F, references 40 CFR part 61, 
subpart V, a new source must comply with the provisions of 40 CFR part 
63, subpart UU, instead of the provisions of 40 CFR part 61, subpart V.
    (2) Where 40 CFR part 61, subpart F, references 40 CFR part 61, 
subpart V, an existing source must comply with either the provisions of 
40 CFR part 63, subpart UU, or the provisions of 40 CFR part 61, subpart 
V.
    (b) Sources that comply with all of the provisions of 40 CFR part 
63, subpart UU, are not required to meet any of the provisions of 40 CFR 
part 61, subpart V.

                   Other Requirements and Information



Sec. 63.215  What General Provisions apply to me?

    (a) All the provisions in 40 CFR part 61, subpart A of this chapter, 
apply to this subpart.
    (b) The provisions in subpart A of this part also apply to this 
subpart as specified in (b)(1) through (3) of this section.
    (1) The general applicability provisions in Sec. 63.1(a)(1) through 
(8) and (13) through (14).
    (2) The specific applicability provisions in Sec. 63.1(b) through 
(e) except for the reference to Sec. 63.10 for recordkeeping 
procedures.
    (3) The construction and reconstruction provisions in Sec. 63.5 
except for the references to Sec. 63.6 for compliance procedures and 
the references to Sec. 63.9 for notification procedures.



Sec. 63.216  Who administers this subpart?

    (a) This subpart can be administered 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 has the primary authority to administer and 
enforce this subpart. You should contact your EPA Regional Office to 
find out if the authority to implement and enforce 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

[[Page 431]]

under subpart E of this part, the authorities contained in paragraphs 
(b)(1) through (5) of this section are retained by the Administrator of 
EPA and are not transferred to the State, local, or tribal agency.
    (1) Approval of alternatives to the non-opacity emissions standards 
in Sec. Sec. 63.211, 63.212 and 63.214 under 40 CFR 61.12(d) of this 
chapter. Where these standards reference another subpart, the cited 
provisions will be delegated according to the delegation provisions of 
the referenced subpart.
    (2) [Reserved]
    (3) Approval of major alternatives to test methods under 40 CFR 
61.13(h) of this chapter and as defined in Sec. 63.90.
    (4) Approval of major alternatives to monitoring under 40 CFR 
61.14(g) of this chapter and as defined in Sec. 63.90.
    (5) Approval of major alternatives to recordkeeping and reporting 
under 40 CFR 61.10 of this chapter and as defined in Sec. 63.90.



Sec. 63.217  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act; 40 CFR 
61.02 of this chapter, the NESHAP General Provisions; 40 CFR 61.61 of 
this chapter, the Vinyl Chloride NESHAP; and, Sec. 63.2, in regard to 
terms used in Sec. Sec. 63.1 and 63.5.

Subpart K [Reserved]



      Subpart L_National Emission Standards for Coke Oven Batteries

    Source: 58 FR 57911, Oct. 27, 1993, unless otherwise noted.



Sec. 63.300  Applicability.

    (a) Unless otherwise specified in Sec. Sec. 63.306, 63.307, and 
63.311, the provisions of this subpart apply to existing by-product coke 
oven batteries at a coke plant and to existing nonrecovery coke oven 
batteries at a coke plant on and after the following dates:
    (1) December 31, 1995, for existing by-product coke oven batteries 
subject to emission limitations in Sec. 63.302(a)(1) or existing 
nonrecovery coke oven batteries subject to emission limitations in Sec. 
63.303(a);
    (2) January 1, 2003, for existing by-product coke oven batteries 
subject to emission limitations in Sec. 63.302(a)(2);
    (3) July 14, 2005, for existing by-product coke oven batteries 
subject to emission limitations in Sec. 63.302(a)(3) and for 
nonrecovery coke oven batteries subject to the emission limitations and 
requirements in Sec. 63.303(b)(3) or (c);
    (4) Upon startup for a new nonrecovery coke oven battery subject to 
the emission limitations and requirements in Sec. 63.303(b), (c), and 
(d). A new nonrecovery coke oven battery subject to the requirements in 
Sec. 63.303(d) is one for which construction or reconstruction 
commenced on or after August 9, 2004;
    (5) November 15, 1993, for existing by-product and nonrecovery coke 
oven batteries subject to emission limitations in Sec. 63.304(b)(1) or 
63.304(c);
    (6) January 1, 1998, for existing by-product coke oven batteries 
subject to emission limitations in Sec. 63.304(b)(2) or 63.304(b)(7); 
and
    (7) January 1, 2010, for existing by-product coke oven batteries 
subject to emission limitations in Sec. 63.304(b)(3) or 63.304(b)(7).
    (b) The provisions for new sources in Sec. Sec. 63.302(b), 
63.302(c), and 63.303(b) apply to each greenfield coke oven battery and 
to each new or reconstructed coke oven battery at an existing coke plant 
if the coke oven battery results in an increase in the design capacity 
of the coke plant as of November 15, 1990, (including any capacity 
qualifying under Sec. 63.304(b)(6), and the capacity of any coke oven 
battery subject to a construction permit on November 15, 1990, which 
commenced operation before October 27, 1993.
    (c) The provisions of this subpart apply to each brownfield coke 
oven battery, each padup rebuild, and each cold-idle coke oven battery 
that is restarted.
    (d) The provisions of Sec. Sec. 63.304(b)(2)(i)(A) and 
63.304(b)(3)(i) apply to each foundry coke producer as follows:
    (1) A coke oven battery subject to Sec. 63.304(b)(2)(i)(A) or Sec. 
63.304(b)(3)(i) must be a coke oven battery that on January 1, 1992, was 
owned or operated by a foundry coke producer; and

[[Page 432]]

    (2)(i) A coke oven battery owned or operated by an integrated steel 
producer on January 1, 1992, and listed in paragraph (d)(2)(ii) of this 
section, that was sold to a foundry coke producer before November 15, 
1993, shall be deemed for the purposes of paragraph (d)(1) of this 
section to be owned or operated by a foundry coke producer on January 1, 
1992.
    (ii) The coke oven batteries that may qualify under this provision 
are the following:
    (A) The coke oven batteries at the Bethlehem Steel Corporation's 
Lackawanna, New York facility; and
    (B) The coke oven batteries at the Rouge Steel Company's Dearborn, 
Michigan facility.
    (e) The emission limitations set forth in this subpart shall apply 
at all times except during a period of startup, shutdown, or 
malfunction. The startup period shall be determined by the Administrator 
and shall not exceed 180 days.
    (f) After October 28, 1992, rules of general applicability 
promulgated under section 112 of the Act, including the General 
Provisions, may apply to coke ovens provided that the topic covered by 
such a rule is not addressed in this subpart.

[58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20012, Apr. 15, 2005]



Sec. 63.301  Definitions.

    Terms used in this subpart are defined in the Act or in this section 
as follows:
    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative 
(e.g., a State that has been delegated the authority to implement the 
provisions of this subpart or its designated agent).
    Brownfield coke oven battery means a new coke oven battery that 
replaces an existing coke oven battery or batteries with no increase in 
the design capacity of the coke plant as of November 15, 1990 (including 
capacity qualifying under Sec. 63.304(b)(6), and the capacity of any 
coke oven battery subject to a construction permit on November 15, 1990, 
which commenced operation before October 27, 1993.
    Bypass/bleeder stack means a stack, duct, or offtake system that is 
opened to the atmosphere and used to relieve excess pressure by venting 
raw coke oven gas from the collecting main to the atmosphere from a by-
product coke oven battery, usually during emergency conditions.
    By-product coke oven battery means a source consisting of a group of 
ovens connected by common walls, where coal undergoes destructive 
distillation under positive pressure to produce coke and coke oven gas, 
from which by-products are recovered. Coke oven batteries in operation 
as of April 1, 1992, are identified in appendix A to this subpart.
    Certified observer means a visual emission observer, certified under 
(if applicable) Method 303 and Method 9 (if applicable) and employed by 
the Administrator, which includes a delegated enforcement agency or its 
designated agent. For the purpose of notifying an owner or operator of 
the results obtained by a certified observer, the person does not have 
to be certified.
    Charge or charging period means, for a by-product coke oven battery, 
the period of time that commences when coal begins to flow into an oven 
through a topside port and ends when the last charging port is recapped. 
For a nonrecovery coke oven battery, charge or charging period means the 
period of time that commences when coal begins to flow into an oven and 
ends when the push side door is replaced.
    Coke oven battery means either a by-product or nonrecovery coke oven 
battery.
    Coke oven door means each end enclosure on the pusher side and the 
coking side of an oven. The chuck, or leveler-bar, door is part of the 
pusher side door. A coke oven door includes the entire area on the 
vertical face of a coke oven between the bench and the top of the 
battery between two adjacent buckstays.
    Cold-idle coke oven battery means an existing coke oven battery that 
has been shut down, but is not dismantled.
    Collecting main means any apparatus that is connected to one or more 
offtake systems and that provides a passage for conveying gases under 
positive pressure from the by-product coke oven battery to the by-
product recovery system.

[[Page 433]]

    Collecting main repair means any measure to stop a collecting main 
leak on a long-term basis. A repair measure in general is intended to 
restore the integrity of the collecting main by returning the main to 
approximately its design specifications or its condition before the leak 
occurred. A repair measure may include, but is not limited to, replacing 
a section of the collecting main or welding the source of the leak.
    Consecutive charges means charges observed successively, excluding 
any charge during which the observer's view of the charging system or 
topside ports is obscured.
    Design capacity means the original design capacity of a coke oven 
battery, expressed in megagrams per year of furnace coke.
    Foundry coke producer means a coke producer that is not and was not 
on January 1, 1992, owned or operated by an integrated steel producer 
and had on January 1, 1992, an annual design capacity of less than 1.25 
million megagrams per year (1.38 million tons per year) (not including 
any capacity satisfying the requirements of Sec. 63.300(d)(2) or Sec. 
63.304(b)(6)).
    Greenfield coke oven battery means a coke oven battery for which 
construction is commenced at a plant site (where no coke oven batteries 
previously existed) after December 4, 1992.
    Integrated steel producer means a company or corporation that 
produces coke, uses the coke in a blast furnace to make iron, and uses 
the iron to produce steel. These operations may be performed at 
different plant sites within the corporation.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner which 
causes, or has the potential to cause, the emission limitations in an 
applicable standard to be exceeded. Failures caused in part by poor 
maintenance or careless operation are not malfunctions.
    New shed means a shed for which construction commenced after 
September 15, 1992. The shed at Bethlehem Steel Corporation's Bethlehem 
plant on Battery A is deemed not to be a new shed.
    Nonrecovery coke oven battery means a source consisting of a group 
of ovens connected by common walls and operated as a unit, where coal 
undergoes destructive distillation under negative pressure to produce 
coke, and which is designed for the combustion of the coke oven gas from 
which by-products are not recovered.
    Offtake system means any individual oven apparatus that is 
stationary and provides a passage for gases from an oven to a coke oven 
battery collecting main or to another oven. Offtake system components 
include the standpipe and standpipe caps, goosenecks, stationary jumper 
pipes, mini-standpipes, and standpipe and gooseneck connections.
    Oven means a chamber in the coke oven battery in which coal 
undergoes destructive distillation to produce coke.
    Padup rebuild means a coke oven battery that is a complete 
reconstruction of an existing coke oven battery on the same site and pad 
without an increase in the design capacity of the coke plant as of 
November 15, 1990 (including any capacity qualifying under Sec. 
63.304(b)(6), and the capacity of any coke oven battery subject to a 
construction permit on November 15, 1990, which commenced operation 
before October 27, 1993. The Administrator may determine that a project 
is a padup rebuild if it effectively constitutes a replacement of the 
battery above the pad, even if some portion of the brickwork above the 
pad is retained.
    Pushing, for the purposes of Sec. 63.305, means that coke oven 
operation that commences when the pushing ram starts into the oven to 
push out coke that has completed the coking cycle and ends when the 
quench car is clear of the coke side shed.
    Run means the observation of visible emissions from topside port 
lids, offtake systems, coke oven doors, or the charging of a coke oven 
that is made in accordance with and is valid under Methods 303 or 303A 
in appendix A to this part.
    Shed means a structure for capturing coke oven emissions on the coke 
side or pusher side of the coke oven battery, which routes the emissions 
to a control device or system.

[[Page 434]]

    Short coke oven battery means a coke oven battery with ovens less 
than 6 meters (20 feet) in height.
    Shutdown means the operation that commences when pushing has 
occurred on the first oven with the intent of pushing the coke out of 
all of the ovens in a coke oven battery without adding coal, and ends 
when all of the ovens of a coke oven battery are empty of coal or coke.
    Standpipe cap means an apparatus used to cover the opening in the 
gooseneck of an offtake system.
    Startup means that operation that commences when the coal begins to 
be added to the first oven of a coke oven battery that either is being 
started for the first time or that is being restarted and ends when the 
doors have been adjusted for maximum leak reduction and the collecting 
main pressure control has been stabilized. Except for the first startup 
of a coke oven battery, a startup cannot occur unless a shutdown has 
occurred.
    Tall coke oven battery means a coke oven battery with ovens 6 meters 
(20 feet) or more in height.
    Temporary seal means any measure, including but not limited to, 
application of luting or packing material, to stop a collecting main 
leak until the leak is repaired.
    Topside port lid means a cover, removed during charging or 
decarbonizing, that is placed over the opening through which coal can be 
charged into the oven of a by-product coke oven battery.

[58 FR 57911, Oct. 27, 1993, as amended at 65 FR 62215, Oct. 17, 2000; 
71 FR 20456, Apr. 20, 2006]



Sec. 63.302  Standards for by-product coke oven batteries.

    (a) Except as provided in Sec. 63.304 or Sec. 63.305, on and after 
the dates specified in this paragraph, no owner or operator shall cause 
to be discharged or allow to be discharged to the atmosphere, coke oven 
emissions from each affected existing by-product coke oven battery that 
exceed any of the following emission limitations or requirements:
    (1) On and after December 31, 1995;
    (i) For coke oven doors;
    (A) 6.0 percent leaking coke oven doors for each tall by-product 
coke oven battery, as determined according to the procedures in Sec. 
63.309(d)(1); and
    (B) 5.5 percent leaking coke oven doors for each short by-product 
coke oven battery, as determined according to the procedures in Sec. 
63.309(d)(1);
    (ii) 0.6 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1);
    (iii) 3.0 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1); and
    (iv) 12 seconds of visible emissions per charge, as determined by 
the procedures in Sec. 63.309(d)(2).
    (2) On and after January 1, 2003, unless the Administrator 
promulgates more stringent limits pursuant to section 112(f) of the Act;
    (i) 5.5 percent leaking coke oven doors for each tall by-product 
coke oven battery, as determined by the procedures in Sec. 
63.309(d)(1); and
    (ii) 5.0 percent leaking coke oven doors for each short by-product 
coke oven battery, as determined by the procedures in Sec. 
63.309(d)(1).
    (3) On and after July 14, 2005;
    (i) 4.0 percent leaking coke oven doors for each tall by-product 
coke oven battery and for each by-product coke oven battery owned or 
operated by a foundry coke producer, as determined by the procedures in 
Sec. 63.309(d)(1);
    (ii) 3.3 percent leaking coke oven doors for each by-product coke 
oven battery not subject to the emission limitation in paragraph 
(a)(3)(i) of this section, as determined by the procedures in Sec. 
63.309(d)(1);
    (iii) 0.4 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1);
    (iv) 2.5 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1); and
    (v) 12 seconds of visible emissions per charge, as determined by the 
procedures in Sec. 63.309(d)(2).
    (b) Except as provided in paragraph (c) of this section, no owner or 
operator shall cause to be discharged or allow to be discharged to the 
atmosphere, coke oven emissions from a by-product coke oven battery 
subject to the applicability requirements in Sec. 63.300(b) that exceed 
any of the following emission limitations:

[[Page 435]]

    (1) 0.0 percent leaking coke oven doors, as determined by the 
procedures in Sec. 63.309(d)(1);
    (2) 0.0 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1);
    (3) 0.0 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1); and
    (4) 34 seconds of visible emissions per charge, as determined by the 
procedures in Sec. 63.309(d)(2).
    (c) The emission limitations in paragraph (b) of this section do not 
apply to the owner or operator of a by-product coke oven battery that 
utilizes a new recovery technology, including but not limited to larger 
size ovens, operation under negative pressure, and processes with 
emission points different from those regulated under this subpart. An 
owner or operator constructing a new by-product coke oven battery or 
reconstructing an existing by-product recovery battery that utilizes a 
new recovery technology shall:
    (1) Notify the Administrator of the intention to do so, as required 
in Sec. 63.311(c); and
    (2) Submit, for the determination under section 112(g)(2)(B) of the 
Act, and as part of the application for permission to construct or 
reconstruct, all information and data requested by the Administrator for 
the determination of applicable emission limitations and requirements 
for that by-product coke oven battery.
    (d) Emission limitations and requirements applied to each coke oven 
battery utilizing a new recovery technology shall be less than the 
following emission limitations or shall result in an overall annual 
emissions rate for coke oven emissions for the battery that is lower 
than that obtained by the following emission limitations:
    (1) 4.0 percent leaking coke oven doors on tall by-product coke oven 
batteries, as determined by the procedures in Sec. 63.309(d)(1);
    (2) 3.3 percent leaking coke oven doors on short by-product coke 
oven batteries, as determined by the procedures in Sec. 63.309(d)(1);
    (3) 2.5 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1);
    (4) 0.4 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1); and
    (5) 12 seconds of visible emissions per charge, as determined by the 
procedures in Sec. 63.309(d)(2).

[58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20013, Apr. 15, 2005]



Sec. 63.303  Standards for nonrecovery coke oven batteries.

    (a) Except as provided in Sec. 63.304, on and after December 31, 
1995, no owner or operator shall cause to be discharged or allow to be 
discharged to the atmosphere coke oven emissions from each affected 
existing nonrecovery coke oven battery that exceed any of the following 
emission limitations or requirements:
    (1) For coke oven doors;
    (i) 0.0 percent leaking coke oven doors, as determined by the 
procedures in Sec. 63.309(d)(1); or
    (ii) The owner or operator shall monitor and record, once per day 
for each day of operation, the pressure in each oven or in a common 
battery tunnel to ensure that the ovens are operated under a negative 
pressure.
    (2) For charging operations, the owner or operator shall implement, 
for each day of operation, the work practices specified in Sec. 
63.306(b)(6) and record the performance of the work practices as 
required in Sec. 63.306(b)(7).
    (b) No owner or operator shall cause to be discharged or allow to be 
discharged to the atmosphere coke oven emissions from each affected new 
nonrecovery coke oven battery subject to the applicability requirements 
in Sec. 63.300(b) that exceed any of the following emission limitations 
or requirements:
    (1) For coke oven doors;
    (i) 0.0 percent leaking coke oven doors, as determined by the 
procedures in Sec. 63.309(d)(1); or
    (ii) The owner or operator shall monitor and record, once per day 
for each day of operation, the pressure in each oven or in a common 
battery tunnel to ensure that the ovens are operated under a negative 
pressure;
    (2) For charging operations, the owner or operator shall install, 
operate, and maintain an emission control system for the capture and 
collection

[[Page 436]]

of emissions in a manner consistent with good air pollution control 
practices for minimizing emissions from the charging operation;
    (3) For charging operations, the owner or operator shall implement, 
for each day of operation, the work practices specified in Sec. 
63.306(b)(6) and record the performance of the work practices as 
required in Sec. 63.306(b)(7).
    (4) 0.0 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1) (if applicable to the new nonrecovery 
coke oven battery); and
    (5) 0.0 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1) (if applicable to the new nonrecovery 
coke oven battery).
    (c) Except as provided in Sec. 63.304, the owner or operator of any 
nonrecovery coke oven battery shall meet the work practice standards in 
paragraphs (c)(1) and (2) of this section.
    (1) The owner or operator shall observe each coke oven door after 
charging and record the oven number of any door from which visible 
emissions occur. Emissions from coal spilled during charging or from 
material trapped within the seal area of the door are not considered to 
be a door leak if the owner or operator demonstrates that the oven is 
under negative pressure, and that no emissions are visible from the top 
of the door or from dampers on the door.
    (2) Except as provided in paragraphs (c)(2)(i) and (ii) of this 
section, if a coke oven door leak is observed at any time during the 
coking cycle, the owner or operator shall take corrective action and 
stop the leak within 15 minutes from the time the leak is first 
observed. No additional leaks are allowed from doors on that oven for 
the remainder of that oven's coking cycle.
    (i) Except as provided in paragraph (c)(2)(ii) of this section, the 
owner or operator may take corrective action and stop the leak within 45 
minutes (instead of 15 minutes) from the time the leak is first observed 
for a maximum of two times per battery in any semiannual reporting 
period.
    (ii) If a worker must enter a cokeside shed to stop a leaking door 
under the cokeside shed, the owner or operator shall take corrective 
action and stop the door leak within 45 minutes (instead of 15 minutes) 
from the time the leak is first observed. The evacuation system and 
control device for the cokeside shed must be operated at all times there 
is a leaking door under the cokeside shed.
    (d) The owner or operator of a new nonrecovery coke oven battery 
shall meet the emission limitations and work practice standards in 
paragraphs (d)(1) through (4) of this section.
    (1) The owner or operator shall not discharge or cause to be 
discharged to the atmosphere from charging operations any fugitive 
emissions that exhibit an opacity greater than 20 percent, as determined 
by the procedures in Sec. 63.309(j).
    (2) The owner or operator shall not discharge or cause to be 
discharged to the atmosphere any emissions of particulate matter (PM) 
from a charging emissions control device that exceed 0.0081 pounds per 
ton (lbs/ton) of dry coal charged, as determined by the procedures in 
Sec. 63.309(k).
    (3) The owner or operator shall observe the exhaust stack of each 
charging emissions control device at least once each day of operation 
during charging to determine if visible emissions are present and shall 
record the results of each daily observation or the reason why 
conditions did not permit a daily observation. If any visible emissions 
are observed, the owner or operator must:
    (i) Take corrective action to eliminate the presence of visible 
emissions;
    (ii) Record the cause of the problem creating the visible emissions 
and the corrective action taken;
    (iii) Conduct visible emission observations according to the 
procedures in Sec. 63.309(m) within 24 hours after detecting the 
visible emissions; and
    (iv) Report any 6-minute average, as determined according to the 
procedures in Sec. 63.309(m), that exceeds 10 percent opacity as a 
deviation in the semiannual compliance report required by Sec. 
63.311(d).
    (4) The owner or operator shall develop and implement written 
procedures for adjusting the oven uptake damper to maximize oven draft 
during charging and for monitoring the oven

[[Page 437]]

damper setting during each charge to ensure that the damper is fully 
open.

[58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20013, Apr. 15, 2005]



Sec. 63.304  Standards for compliance date extension.

    (a) An owner or operator of an existing coke oven battery (including 
a cold-idle coke oven battery), a padup rebuild, or a brownfield coke 
oven battery, may elect an extension of the compliance date for emission 
limits to be promulgated pursuant to section 112(f) of the Act in 
accordance with section 112(i)(8). To receive an extension of the 
compliance date from January 1, 2003, until January 1, 2020, the owner 
or operator shall notify the Administrator as described in Sec. 
63.311(c) that the battery will comply with the emission limitations and 
requirements in this section in lieu of the applicable emission 
limitations in Sec. 63.302 or 63.303.
    (b) Except as provided in paragraphs (b)(4), (b)(5), and (b)(7) of 
this section and in Sec. 63.305, on and after the dates specified in 
this paragraph, no owner or operator shall cause to be discharged or 
allow to be discharged to the atmosphere coke oven emissions from a by-
product coke oven battery that exceed any of the following emission 
limitations:
    (1) On and after November 15, 1993;
    (i) 7.0 percent leaking coke oven doors, as determined by the 
procedures in Sec. 63.309(d)(1);
    (ii) 0.83 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1);
    (iii) 4.2 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1); and
    (iv) 12 seconds of visible emissions per charge, as determined by 
the procedures in Sec. 63.309(d)(2).
    (2) On and after January 1, 1998;
    (i) For coke oven doors:
    (A) 4.3 percent leaking coke oven doors for each tall by-product 
coke oven battery and for each by-product coke oven battery owned or 
operated by a foundry coke producer, as determined by the procedures in 
Sec. 63.309(d)(1); and
    (B) 3.8 percent leaking coke oven doors on each by-product coke oven 
battery not subject to the emission limitation in paragraph (b)(2)(i)(A) 
of this section, as determined by the procedures in Sec. 63.309(d)(1);
    (ii) 0.4 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1);
    (iii) 2.5 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1); and
    (iv) 12 seconds of visible emissions per charge, as determined by 
the procedures in Sec. 63.309(d)(2).
    (3) On and after January 1, 2010, unless the Administrator 
promulgates more stringent limits pursuant to section 112(i)(8)(C) of 
the Act;
    (i) 4.0 percent leaking coke oven doors on each tall by-product coke 
oven battery and for each by-product coke oven battery owned or operated 
by a foundry coke producer, as determined by the procedures in Sec. 
63.309(d)(1); and
    (ii) 3.3 percent leaking coke oven doors for each by-product coke 
oven battery not subject to the emission limitation in paragraph 
(b)(3)(i) of this section, as determined by the procedures in Sec. 
63.309(d)(1).
    (4) No owner or operator shall cause to be discharged or allow to be 
discharged to the atmosphere coke oven emissions from a brownfield or 
padup rebuild by-product coke oven battery, other than those specified 
in paragraph (b)(4)(v) of this section, that exceed any of the following 
emission limitations:
    (i) For coke oven doors;
    (A) 4.0 percent leaking coke oven doors for each tall by-product 
coke oven battery, as determined by the procedures in Sec. 
63.309(d)(1); and
    (B) 3.3 percent leaking coke oven doors on each short by-product 
coke oven battery, as determined by the procedures in Sec. 
63.309(d)(1);
    (ii) 0.4 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1);
    (iii) 2.5 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1); and
    (iv) 12 seconds of visible emissions per charge, as determined by 
the procedures in Sec. 63.309(d)(2).
    (v) The requirements of paragraph (b)(4) of this section shall not 
apply and the requirements of paragraphs

[[Page 438]]

(b)(1), (b)(2), and (b)(3) of this section do apply to the following 
brownfield or padup rebuild coke oven batteries:
    (A) Bethlehem Steel-Burns Harbor, Battery No. 2;
    (B) National Steel-Great Lakes, Battery No. 4; and
    (C) Koppers-Woodward, Battery No. 3.
    (vi) To retain the exclusion provided in paragraph (b)(4)(v) of this 
section, a coke oven battery specified in paragraph (b)(4)(v) of this 
section shall commence construction not later than July 1, 1996, or 1 
year after obtaining a construction permit, whichever is earlier.
    (5) The owner or operator of a cold-idle coke oven battery that shut 
down on or after November 15, 1990, shall comply with the following 
emission limitations:
    (i) For a brownfield coke oven battery or a padup rebuild coke oven 
battery, coke oven emissions shall not exceed the emission limitations 
in paragraph (b)(4) of this section; and
    (ii) For a cold-idle battery other than a brownfield or padup 
rebuild coke oven battery, coke oven emissions shall not exceed the 
emission limitations in paragraphs (b)(1) through (b)(3) of this 
section.
    (6) The owner or operator of a cold-idle coke oven battery that shut 
down prior to November 15, 1990, shall submit a written request to the 
Administrator to include the battery in the design capacity of a coke 
plant as of November 15, 1990. A copy of the request shall also be sent 
to Director, Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711. The 
Administrator will review and approve or disapprove a request according 
to the following procedures:
    (i) Requests will be reviewed for completeness in the order 
received. A complete request shall include:
    (A) Battery identification;
    (B) Design information, including the design capacity and number and 
size of ovens; and
    (C) A brief description of the owner or operator's plans for the 
cold-idle battery, including a statement whether construction of a padup 
rebuild or a brownfield coke oven battery is contemplated.
    (ii) A complete request shall be approved if the design capacity of 
the battery and the design capacity of all previous approvals does not 
exceed the capacity limit in paragraph (b)(6)(iii) of this section.
    (iii) The total nationwide coke capacity of coke oven batteries that 
receive approval under paragraph (b)(6) of this section shall not exceed 
2.7 million Mg/yr (3.0 million ton/yr).
    (iv) If a construction permit is required, an approval shall lapse 
if a construction permit is not issued within 3 years of the approval 
date, or if the construction permit lapses.
    (v) If a construction permit is not required, an approval will lapse 
if the battery is not restarted within 2 years of the approval date.


The owner or operator of a by-product coke oven battery with fewer than 
30 ovens may elect to comply with an emission limitation of 2 or fewer 
leaking coke oven doors, as determined by the procedures in Sec. 
63.309(d)(4), as an alternative to the emission limitation for coke oven 
doors in paragraphs (b)(2)(i), (b)(3) (i) through (ii), (b)(4)(i), 
(b)(5), and (b)(6) of this section.
    (c) On and after November 15, 1993, no owner or operator shall cause 
to be discharged or allow to be discharged to the atmosphere coke oven 
emissions from an existing nonrecovery coke oven battery that exceed any 
of the emission limitations or requirements in Sec. 63.303(a).
    (d) Each owner or operator of an existing coke oven battery 
qualifying for a compliance date extension pursuant to this section 
shall make available, no later than January 1, 2000, to the surrounding 
communities the results of any risk assessment performed by the 
Administrator to determine the appropriate level of any emission 
standard established by the Administrator according to section 112(f) of 
the Act.

[58 FR 57911, Oct. 27, 1993, as amended at 65 FR 62215, Oct. 17, 2000]



Sec. 63.305  Alternative standards for coke oven doors equipped with sheds.

    (a) The owner or operator of a new or existing coke oven battery 
equipped with a shed for the capture of coke oven emissions from coke 
oven doors

[[Page 439]]

and an emission control device for the collection of the emissions may 
comply with an alternative to the applicable visible emission 
limitations for coke oven doors in Sec. Sec. 63.302 and 63.304 
according to the procedures and requirements in this section.
    (b) To qualify for approval of an alternative standard, the owner or 
operator shall submit to the Administrator a test plan for the 
measurement of emissions. A copy of the request shall also be sent to 
the Director, Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711. The 
plan shall describe the procedures to be used for the measurement of 
particulate matter; the parameters to be measured that affect the shed 
exhaust rate (e.g., damper settings, fan power) and the procedures for 
measuring such parameters; and if applicable under paragraph (c)(5)(ii) 
of this section, the procedures to be used for the measurement of 
benzene soluble organics, benzene, toluene, and xylene emitted from the 
control device for the shed. The owner or operator shall notify the 
Administrator at least 30 days before any performance test is conducted.
    (c) A complete test plan is deemed approved if no disapproval is 
received within 60 days of the submittal to the Administrator. After 
approval of the test plan, the owner or operator shall;
    (1) Determine the efficiency of the control device for removal of 
particulate matter by conducting measurements at the inlet and the 
outlet of the emission control device using Method 5 in appendix A to 
part 60 of this chapter, with the filter box operated at ambient 
temperature and in a manner to avoid condensation, with a backup filter;
    (2) Measure the visible emissions from coke oven doors that escape 
capture by the shed using Method 22 in appendix A to part 60 of this 
chapter. For the purpose of approval of an alternative standard, no 
visible emissions may escape capture from the shed.
    (i) Visible emission observations shall be taken during conditions 
representative of normal operations, except that pushing shall be 
suspended and pushing emissions shall have cleared the shed; and
    (ii) Method 22 observations shall be performed by an observer 
certified according to the requirements of Method 9 in appendix A to 
part 60 of this chapter. The observer shall allow pushing emissions to 
be evacuated (typically 1 to 2 minutes) before making observations;
    (3) Measure the opacity of emissions from the control device using 
Method 9 in appendix A to part 60 of this chapter during conditions 
representative of normal operations, including pushing; and
    (i) If the control device has multiple stacks, the owner or operator 
shall use an evaluation based on visible emissions and opacity to select 
the stack with the highest opacity for testing under this section;
    (ii) The highest opacity, expressed as a 6-minute average, shall be 
used as the opacity standard for the control device.
    (4) Thoroughly inspect all compartments of each air cleaning device 
prior to the performance test for proper operation and for changes that 
signal the potential for malfunction, including the presence of tears, 
holes, and abrasions in filter bags; damaged seals; and for dust 
deposits on the clean side of bags; and
    (5) Determine the allowable percent leaking doors under the shed 
using either of the following procedures:
    (i) Calculate the allowable percent leaking doors using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR27OC93.000

where

PLD=Allowable percent leaking doors for alternative standard.
PLDstd=Applicable visible emission limitation of percent 
          leaking doors under this subpart that would otherwise apply to 
          the coke oven battery, converted to the single-run limit 
          according to Table 1.
eff=Percent control efficiency for particulate matter for emission 
          control device as determined according to paragraph (c)(1) of 
          this section.

[[Page 440]]



                 Table 1--Conversion to Single-Run Limit
------------------------------------------------------------------------
                                                                 Single-
                                                                  pass
                                                                  limit
                         30-run limit                              (98
                                                                 percent
                                                                 level)
------------------------------------------------------------------------
7.0...........................................................      11.0
6.0...........................................................       9.5
5.5...........................................................       8.7
5.0...........................................................       8.1
4.3...........................................................       7.2
4.0...........................................................       6.7
3.8...........................................................       6.4
3.3...........................................................       5.8
------------------------------------------------------------------------


or;
    (ii) Calculate the allowable percent leaking doors using the 
following procedures:
    (A) Measure the total emission rate of benzene, toluene, and xylene 
exiting the control device using Method 18 in appendix A to part 60 of 
this chapter and the emission rate of benzene soluble organics entering 
the control device as described in the test plan submitted pursuant to 
paragraph (b) of this section; or
    (B) Measure benzene, toluene, xylene, and benzene soluble organics 
in the gas in the collector main as described in the test plan submitted 
pursuant to paragraph (b) of this section; and
    (C) Calculate the ratio (R) of benzene, toluene, and xylene to 
benzene soluble organics for the gas in the collector main, or as the 
sum of the outlet emission rates of benzene, toluene, and xylene, 
divided by the emission rate of benzene soluble organics as measured at 
the inlet to the control device; and
    (D) Calculate the allowable percent leaking doors limit under the 
shed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR27OC93.001

where

R=Ratio of measured emissions of benzene, toluene, and xylene to 
          measured emissions of benzene soluble organics.

    (iii) If the allowable percent leaking coke oven doors is calculated 
to exceed 15 percent leaking coke oven doors under paragraphs (c)(5)(i) 
or (c)(5)(ii) of this section, the owner or operator shall use 15 
percent leaking coke oven doors for the purposes of this section.
    (6) Monitor the parameters that affect the shed exhaust flow rate.
    (7) The owner or operator may request alternative sampling 
procedures to those specified in paragraph (c)(5)(ii) (A) and (B) of 
this section by submitting details on the procedures and the rationale 
for their use to the Administrator. Alternative procedures shall not be 
used without approval from the Administrator.
    (8) The owner or operator shall inform the Administrator of the 
schedule for conducting testing under the approved test plan and give 
the Administrator the opportunity to observe the tests.
    (d) After calculating the alternative standard for allowable percent 
leaking coke oven doors, the owner or operator shall submit the 
following information to the Administrator:
    (1) Identity of the coke oven battery;
    (2) Visible emission limitation(s) for percent leaking doors 
currently applicable to the coke oven battery under this subpart and 
known future limitations for percent leaking coke oven doors;
    (3) A written report including:
    (i) Appropriate measurements and calculations used to derive the 
allowable percent leaking coke oven doors requested as the alternative 
standard;
    (ii) Appropriate visible emission observations for the shed and 
opacity observations for the control device for the shed, including an 
alternative opacity standard, if applicable, as described in paragraph 
(c)(3) of this section based on the highest 6-minute average; and
    (iii) The parameter or parameters (e.g., fan power, damper position, 
or other) to be monitored and recorded to demonstrate that the exhaust 
flow rate measured during the test required by paragraph (c)(1) of this 
section is maintained, and the monitoring plan for such parameter(s).
    (iv) If the application is for a new shed, one of the following 
demonstrations:
    (A) A demonstration, using modeling procedures acceptable to the 
Administrator, that the expected concentrations of particulate emissions 
(including benzene soluble organics) under the

[[Page 441]]

shed at the bench level, when the proposed alternative standard was 
being met, would not exceed the expected concentrations of particulate 
emissions (including benzene soluble organics) if the shed were not 
present, the regulations under this subpart were met, and the battery 
was in compliance with federally enforceable limitations on pushing 
emissions; or
    (B) A demonstration that the shed (including the evacuation system) 
has been designed in accordance with generally accepted engineering 
principles for the effective capture and control of particulate 
emissions (including benzene soluble organics) as measured at the shed's 
perimeter, its control device, and at the bench level.
    (e) The Administrator will review the information and data submitted 
according to paragraph (d) of this section and may request additional 
information and data within 60 days of receipt of a complete request.
    (1) Except for applications subject to paragraph (e)(3) of this 
section, the Administrator shall approve or disapprove an alternative 
standard as expeditiously as practicable. The Administrator shall 
approve an alternative standard, unless the Administrator determines 
that the approved test plan has not been followed, or any required 
calculations are incorrect, or any demonstration required under 
paragraph (d)(3)(iv) of this section does not satisfy the applicable 
criteria under that paragraph. If the alternative standard is 
disapproved, the Administrator will issue a written notification to the 
owner or operator within the 60-day period.
    (2) The owner or operator shall comply with the applicable visible 
emission limitation for coke oven doors and all other requirements in 
this subpart prior to approval of an alternative standard. The owner or 
operator may apply for an alternative standard at any time after 
December 4, 1992.
    (3) An application for an alternative standard to the standard in 
Sec. 63.304(b)(1)(i) for any shed that is not a new shed that is filed 
on or before June 15, 1993, is deemed approved if a notice of 
disapproval has not been received 60 days after submission of a complete 
request. An approval under paragraph (e)(3) of this section shall be 
valid for a period of 1 year.
    (4) Notwithstanding the provisions of paragraph (e) of this section, 
no alternative standard shall be approved that exceeds 15 percent 
leaking coke oven doors (yard equivalent).
    (f) After approval of an alternative standard, the owner or operator 
shall comply with the following requirements:
    (1) The owner or operator shall not discharge or allow to be 
discharged to the atmosphere coke oven emissions from coke oven doors 
under sheds that exceed an approved alternative standard for percent 
leaking coke oven doors under sheds.
    (i) All visible emission observations for compliance determinations 
shall be performed by a certified observer.
    (ii) Compliance with the alternative standard for doors shall be 
determined by a weekly performance test conducted according to the 
procedures and requirements in Sec. 63.309(d)(5) and Method 303 in 
appendix A to this part.
    (iii) If the visible emission limitation is achieved for 12 
consecutive observations, compliance shall be determined by monthly 
rather than weekly performance tests. If any exceedance occurs during a 
performance test, weekly performance tests shall be resumed.
    (iv) Observations taken at times other than those specified in 
paragraphs (f)(1)(ii) and (f)(1)(iii) of this section shall be subject 
to the provisions of Sec. 63.309(f).
    (2) The certified observer shall monitor the visible coke oven 
emissions escaping capture by the shed on a weekly basis. The provision 
in paragraph (f)(6) of this section is applicable if visible coke oven 
emissions are observed during periods when pushing emissions have 
cleared the shed.
    (3) The owner or operator shall not discharge or allow to be 
discharged to the atmosphere any visible emissions from the shed's 
control device exhibiting more than 0 percent opacity unless an 
alternative limit has been approved under paragraph (e) of this section.
    (4) The opacity of emissions from the control device for the shed 
shall be monitored in accordance with the requirements of either 
paragraph (f)(4)(i)

[[Page 442]]

or (f)(4)(ii) of this section, at the election of the owner or operator.
    (i) The owner or operator shall install, operate, and maintain a 
continuous opacity monitor, and record the output of the system, for the 
measurement of the opacity of emissions discharged from the emission 
control system.
    (A) Each continuous opacity monitoring system shall meet the 
requirements of Performance Specification 1 in appendix B to part 60 of 
this chapter; and
    (B) Each continuous opacity monitoring system shall be operated, 
calibrated, and maintained according to the procedures and requirements 
specified in part 52 of this chapter; or
    (ii) A certified observer shall monitor and record at least once 
each day during daylight hours, opacity observations for the control 
device for the shed using Method 9 in appendix A to part 60 of this 
chapter.
    (5) The owner or operator shall visually inspect the structural 
integrity of the shed at least once a quarter for defects, such as 
deterioration of sheet metal (e.g., holes in the shed), that may allow 
the escape of visible emissions.
    (i) The owner or operator shall record the time and date a defect is 
first observed, the time and date the defect is corrected or repaired, 
and a brief description of repairs or corrective actions taken;
    (ii) The owner or operator shall temporarily repair the defect as 
soon as possible, but no later than 5 days after detection of the 
defect;
    (iii) Unless a major repair is required, the owner or operator shall 
perform a complete repair of the defect within 15 days of detection of 
the defect. If a major repair is required (e.g., replacement of large 
sections of the shed), the owner or operator shall submit a repair 
schedule to the enforcement agency.
    (6) If the no visible emission limit for the shed specified in 
paragraph (f)(2) of this section is exceeded, the Administrator may 
require another test for the shed according to the approved test plan as 
specified in paragraph (c) of this section. If the certified observer 
observes visible coke oven emissions from the shed, except during 
periods of pushing or when pushing emissions have not cleared the shed, 
the owner or operator shall check to ensure that the shed and control 
device are working properly.
    (7) The owner or operator shall monitor the parameter(s) affecting 
shed exhaust flow rate, and record data, in accordance with the approved 
monitoring plan for these parameters.
    (8) The owner or operator shall not operate the exhaust system of 
the shed at an exhaust flow rate lower than that measured during the 
test required under paragraph (c)(1) of this section, as indicated by 
the monitored parameters.
    (g) Each side of a battery subject to an alternative standard for 
doors under this section shall be treated separately for purposes of 
Sec. Sec. 63.306(c) (plan implementation) and 63.306(d) (plan 
revisions) of this subpart. In making determinations under these 
provisions for the side of the battery subject to an alternative 
standard, the requirement that exceedances be independent shall not 
apply. During any period when work practices for doors for both sides of 
the battery are required to be implemented, Sec. 63.306(a)(3) shall 
apply in the same manner as if the provisions of a plan for a single 
emissions point were required to be implemented. Exceedances of the 
alternative standard for percent leaking doors under a shed is the only 
provision in this section implicating implementation of work practice 
requirements.
    (h) Multiple exceedances of the visible emission limitation for door 
leaks and/or the provisions of an alternative standard under this 
section for door leaks at a battery on a single day shall be considered 
a single violation.



Sec. 63.306  Work practice standards.

    (a) Work practice plan. On or before November 15, 1993, each owner 
or operator shall prepare and submit a written emission control work 
practice plan for each coke oven battery. The plan shall be designed to 
achieve compliance with visible emission limitations for coke oven 
doors, topside port lids, offtake systems, and charging operations under 
this subpart, or, for a coke oven battery not subject to visible 
emission limitations under this subpart, other

[[Page 443]]

federally enforceable visible emission limitations for these emission 
points.
    (1) The work practice plan must address each of the topics specified 
in paragraph (b) of this section in sufficient detail and with 
sufficient specificity to allow the reviewing authority to evaluate the 
plan for completeness and enforceability.
    (2) The initial plan and any revisions shall be submitted to the 
Administrator or the delegated State, local, or Tribal authority. The 
Administrator (or delegated State, local, or Tribal authority) may 
require revisions to the initial plan only where the Administrator (or 
delegated State, local, or Tribal authority) finds either that the plan 
does not address each subject area listed in paragraph (b) of this 
section for each emission point subject to a visible emission standard 
under this subpart, or that the plan in unenforceable because it 
contains requirements that are unclear.
    (3) During any period of time that an owner or operator is required 
to implement the provisions of a plan for a particular emission point, 
the failure to implement one or more obligations under the plan and/or 
any recordkeeping requirement(s) under Sec. 63.311(f)(4) for the 
emission point during a particular day is a single violation.
    (b) Plan components. The owner or operator shall organize the work 
practice plan to indicate clearly which parts of the plan pertain to 
each emission point subject to visible emission standards under this 
subpart. Each of the following provisions, at a minimum, shall be 
addressed in the plan:
    (1) An initial and refresher training program for all coke plant 
operating personnel with responsibilities that impact emissions, 
including contractors, in job requirements related to emission control 
and the requirements of this subpart, including work practice 
requirements. Contractors with responsibilities that impact emission 
control may be trained by the owner or operator or by qualified 
contractor personnel; however, the owner or operator shall ensure that 
the contractor training program complies with the requirements of this 
section. The training program in the plan must include:
    (i) A list, by job title, of all personnel that are required to be 
trained and the emission point(s) associated with each job title;
    (ii) An outline of the subjects to be covered in the initial and 
refresher training for each group of personnel;
    (iii) A description of the training method(s) that will be used 
(e.g., lecture, video tape);
    (iv) A statement of the duration of initial training and the 
duration and frequency of refresher training;
    (v) A description of the methods to be used at the completion of 
initial or refresher training to demonstrate and document successful 
completion of the initial and refresher training; and
    (vi) A description of the procedure to be used to document 
performance of plan requirements pertaining to daily operation of the 
coke oven battery and its emission control equipment, including a copy 
of the form to be used, if applicable, as required under the plan 
provisions implementing paragraph (b)(7) of this section.
    (2) Procedures for controlling emissions from coke oven doors on by-
product coke oven batteries, including:
    (i) A program for the inspection, adjustment, repair, and 
replacement of coke oven doors and jambs, and any other equipment for 
controlling emissions from coke oven doors, including a defined 
frequency of inspections, the method to be used to evaluate conformance 
with operating specifications for each type of equipment, and the method 
to be used to audit the effectiveness of the inspection and repair 
program for preventing exceedances;
    (ii) Procedures for identifying leaks that indicate a failure of the 
emissions control equipment to function properly, including a clearly 
defined chain of command for communicating information on leaks and 
procedures for corrective action;
    (iii) Procedures for cleaning all sealing surfaces of each door and 
jamb, including identification of the equipment that will be used and a 
specified schedule or frequency for the cleaning of sealing surfaces;
    (iv) For batteries equipped with self-sealing doors, procedures for 
use of supplemental gasketing and luting materials, if the owner or 
operator elects

[[Page 444]]

to use such procedures as part of the program to prevent exceedances;
    (v) For batteries equipped with hand-luted doors, procedures for 
luting and reluting, as necessary to prevent exceedances;
    (vi) Procedures for maintaining an adequate inventory of the number 
of spare coke oven doors and jambs located onsite; and
    (vii) Procedures for monitoring and controlling collecting main back 
pressure, including corrective action if pressure control problems 
occur.
    (3) Procedures for controlling emissions from charging operations on 
by-product coke oven batteries, including:
    (i) Procedures for equipment inspection, including the frequency of 
inspections, and replacement or repair of equipment for controlling 
emissions from charging, the method to be used to evaluate conformance 
with operating specifications for each type of equipment, and the method 
to be used to audit the effectiveness of the inspection and repair 
program for preventing exceedances;
    (ii) Procedures for ensuring that the larry car hoppers are filled 
properly with coal;
    (iii) Procedures for the alignment of the larry car over the oven to 
be charged;
    (iv) Procedures for filling the oven (e.g., procedures for staged or 
sequential charging);
    (v) Procedures for ensuring that the coal is leveled properly in the 
oven; and
    (vi) Procedures and schedules for inspection and cleaning of offtake 
systems (including standpipes, standpipe caps, goosenecks, dampers, and 
mains), oven roofs, charging holes, topside port lids, the steam supply 
system, and liquor sprays.
    (4) Procedures for controlling emissions from topside port lids on 
by-product coke oven batteries, including:
    (i) Procedures for equipment inspection and replacement or repair of 
topside port lids and port lid mating and sealing surfaces, including 
the frequency of inspections, the method to be used to evaluate 
conformance with operating specifications for each type of equipment, 
and the method to be used to audit the effectiveness of the inspection 
and repair program for preventing exceedances; and
    (ii) Procedures for sealing topside port lids after charging, for 
identifying topside port lids that leak, and procedures for resealing.
    (5) Procedures for controlling emissions from offtake system(s) on 
by-product coke oven batteries, including:
    (i) Procedures for equipment inspection and replacement or repair of 
offtake system components, including the frequency of inspections, the 
method to be used to evaluate conformance with operating specifications 
for each type of equipment, and the method to be used to audit the 
effectiveness of the inspection and repair program for preventing 
exceedances;
    (ii) Procedures for identifying offtake system components that leak 
and procedures for sealing leaks that are detected; and
    (iii) Procedures for dampering off ovens prior to a push.
    (6) Procedures for controlling emissions from nonrecovery coke oven 
batteries including:
    (i) Procedures for charging coal into the oven, including any 
special procedures for minimizing air infiltration during charging, 
maximizing the draft on the oven, and for replacing the door promptly 
after charging;
    (ii) If applicable, procedures for the capture and control of 
charging emissions;
    (iii) Procedures for cleaning coke from the door sill area for both 
sides of the battery after completing the pushing operation and before 
replacing the coke oven door;
    (iv) Procedures for cleaning coal from the door sill area after 
charging and before replacing the push side door;
    (v) Procedures for filling gaps around the door perimeter with 
sealant material, if applicable; and
    (vi) Procedures for detecting and controlling emissions from 
smoldering coal.
    (7) Procedures for maintaining, for each emission point subject to 
visible emission limitations under this subpart, a daily record of the 
performance of plan requirements pertaining to the daily operation of 
the coke oven battery and its emission control equipment, including:

[[Page 445]]

    (i) Procedures for recording the performance of such plan 
requirements; and
    (ii) Procedures for certifying the accuracy of such records by the 
owner or operator.
    (8) Any additional work practices or requirements specified by the 
Administrator according to paragraph (d) of this section.
    (c) Implementation of work practice plans. On and after November 15, 
1993, the owner or operator of a coke oven battery shall implement the 
provisions of the coke oven emission control work practice plan 
according to the following requirements:
    (1) The owner or operator of a coke oven battery subject to visible 
emission limitations under this subpart on and after November 15, 1993, 
shall:
    (i) Implement the provisions of the work practice plan pertaining to 
a particular emission point following the second independent exceedance 
of the visible emission limitation for the emission point in any 
consecutive 6-month period, by no later than 3 days after receipt of 
written notification of the second such exceedance from the certified 
observer. For the purpose of this paragraph (c)(1)(i), the second 
exceedance is ``independent'' if either of the following criteria is 
met:
    (A) The second exceedance occurs 30 days or more after the first 
exceedance;
    (B) In the case of coke oven doors, topside port lids, and offtake 
systems, the 29-run average, calculated by excluding the highest value 
in the 30-day period, exceeds the value of the applicable emission 
limitation; or
    (C) In the case of charging emissions, the 29-day logarithmic 
average, calculated in accordance with Method 303 in appendix A to this 
part by excluding the valid daily set of observations in the 30-day 
period that had the highest arithmetic average, exceeds the value of the 
applicable emission limitation.
    (ii) Continue to implement such plan provisions until the visible 
emission limitation for the emission point is achieved for 90 
consecutive days if work practice requirements are implemented pursuant 
to paragraph (c)(1)(i) of this section. After the visible emission 
limitation for a particular emission point is achieved for 90 
consecutive days, any exceedances prior to the beginning of the 90 days 
are not included in making a determination under paragraph (c)(1)(i) of 
this section.
    (2) The owner or operator of a coke oven battery not subject to 
visible emission limitations under this subpart until December 31, 1995, 
shall:
    (i) Implement the provisions of the work practice plan pertaining to 
a particular emission point following the second exceedance in any 
consecutive 6-month period of a federally enforceable emission 
limitation for that emission point for coke oven doors, topside port 
lids, offtake systems, or charging operations by no later than 3 days 
after receipt of written notification from the applicable enforcement 
agency; and
    (ii) Continue to implement such plan provisions for 90 consecutive 
days after the most recent written notification from the enforcement 
agency of an exceedance of the visible emission limitation.
    (d) Revisions to plan. Revisions to the work practice emission 
control plan will be governed by the provisions in this paragraph (d) 
and in paragraph (a)(2) of this section. The reviewing authority is the 
Administrator or the delegated State, local, or Tribal authority.
    (1) The reviewing authority may request the owner or operator to 
review and revise as needed the work practice emission control plan for 
a particular emission point if there are 2 exceedances of the applicable 
visible emission limitation in the 6-month period that starts 30 days 
after the owner or operator is required to implement work practices 
under paragraph (c) of this section. In the case of a coke oven battery 
subject to visual emission limitations under this subpart, the second 
exceedance must be independent of the criteria in paragraph (c)(1)(i) of 
this section.
    (2) The reviewing authority may not request the owner or operator to 
review and revise the plan more than twice in any 12 consecutive month 
period for any particular emission point unless the reviewing authority 
disapproves the plan according to the provisions in paragraph (d)(6) of 
this section.

[[Page 446]]

    (3) If the certified observer calculates that a second exceedance 
(or, if applicable, a second independent exceedance) has occurred, the 
certified observer shall notify the owner or operator. No later than 10 
days after receipt of such a notification, the owner or operator shall 
notify the reviewing authority of any finding of whether work practices 
are related to the cause or the solution of the problem. The 
notification is subject to review by the reviewing authority according 
to the provisions in paragraph (d)(6) of this section.
    (4) The owner or operator shall submit a revised work practice plan 
within 60 days of notification from the reviewing authority under 
paragraph (d)(1) of this section, unless the reviewing authority grants 
an extension of time to submit the revised plan.
    (5) If the reviewing authority requires a plan revision, the 
reviewing authority may require the plan to address a subject area or 
areas in addition to those in paragraph (b) of this section, if the 
reviewing authority determines that without plan coverage of such an 
additional subject area, there is a reasonable probability of further 
exceedances of the visible emission limitation for the emission point 
for which a plan revision is required.
    (6) The reviewing authority may disapprove a plan revision required 
under paragraph (d) of this section if the reviewing authority 
determines that the revised plan is inadequate to prevent exceedances of 
the visible emission limitation under this subpart for the emission 
point for which a plan revision is required or, in the case of a battery 
not subject to visual emission limitations under this subpart, other 
federally enforceable emission limitations for such emission point. The 
reviewing authority may also disapprove the finding that may be 
submitted pursuant to paragraph (d)(3) of this section if the reviewing 
authority determines that a revised plan is needed to prevent 
exceedances of the applicable visible emission limitations.

[58 FR 57911, Oct. 27, 1993, as amended at 68 FR 37345, June 23, 2003]



Sec. 63.307  Standards for bypass/bleeder stacks.

    (a)(1) Except as otherwise provided in this section, on or before 
March 31, 1994, the owner or operator of an existing by-product recovery 
battery for which a notification was not submitted under paragraph 
(e)(1) of this section shall install a bypass/bleeder stack flare system 
that is capable of controlling 120 percent of the normal gas flow 
generated by the battery, which shall thereafter be operated and 
maintained.
    (2) Coke oven emissions shall not be vented to the atmosphere 
through bypass/bleeder stacks, except through the flare system or the 
alternative control device as described in paragraph (d) of this 
section.
    (3) The owner or operator of a brownfield coke oven battery or a 
padup rebuild shall install such a flare system before startup, and 
shall properly operate and maintain the flare system.
    (b) Each flare installed pursuant to this section shall meet the 
following requirements:
    (1) Each flare shall be designed for a net heating value of 8.9 MJ/
scm (240 Btu/scf) if a flare is steam-assisted or air-assisted, or a net 
value of 7.45 MJ/scm (200 Btu/scf) if the flare is non-assisted.
    (2) Each flare shall have either a continuously operable pilot flame 
or an electronic igniter that meets the requirements of paragraphs 
(b)(3) and (b)(4) of this section.
    (3) Each electronic igniter shall meet the following requirements:
    (i) Each flare shall be equipped with at least two igniter plugs 
with redundant igniter transformers;
    (ii) The ignition units shall be designed failsafe with respect to 
flame detection thermocouples (i.e., any flame detection thermocouples 
are used only to indicate the presence of a flame, are not interlocked 
with the ignition unit, and cannot deactivate the ignition system); and
    (iii) Integral battery backup shall be provided to maintain active 
ignition operation for a minimum of 15 minutes during a power failure.
    (iv) Each electronic igniter shall be operated to initiate ignition 
when the

[[Page 447]]

bleeder valve is not fully closed as indicated by an ``OPEN'' limit 
switch.
    (4) Each flare installed to meet the requirements of this paragraph 
(b) that does not have an electronic igniter shall be operated with a 
pilot flame present at all times as determined by Sec. 63.309(h)(2).
    (c) Each flare installed to meet the requirements of this section 
shall be operated with no visible emissions, as determined by the 
methods specified in Sec. 63.309(h)(1), except for periods not to 
exceed a total of 5 minutes during any 2 consecutive hours.
    (d) As an alternative to the installation, operation, and 
maintenance of a flare system as required in paragraph (a) of this 
section, the owner or operator may petition the Administrator for 
approval of an alternative control device or system that achieves at 
least 98 percent destruction or control of coke oven emissions vented to 
the alternative control device or system.
    (e) The owner or operator of a by-product coke oven battery is 
exempt from the requirements of this section if the owner or operator:
    (1) Submits to the Administrator, no later than November 10, 1993, a 
formal commitment to close the battery permanently; and
    (2) Closes the battery permanently no later than December 31, 1995. 
In no case may the owner or operator continue to operate a battery for 
which a closure commitment is submitted, past December 31, 1995.
    (f) Any emissions resulting from the installation of flares (or 
other pollution control devices or systems approved pursuant to 
paragraph (d) of this section) shall not be used in making new source 
review determinations under part C and part D of title I of the Act.



Sec. 63.308  Standards for collecting mains.

    (a) On and after November 15, 1993, the owner or operator of a by-
product coke oven battery shall inspect the collecting main for leaks at 
least once daily according to the procedures in Method 303 in appendix A 
to this part.
    (b) The owner or operator shall record the time and date a leak is 
first observed, the time and date the leak is temporarily sealed, and 
the time and date of repair.
    (c) The owner or operator shall temporarily seal any leak in the 
collecting main as soon as possible after detection, but no later than 4 
hours after detection of the leak.
    (d) The owner or operator shall initiate a collecting main repair as 
expeditiously as possible, but no later than 5 calendar days after 
initial detection of the leak. The repair shall be completed within 15 
calendar days after initial detection of the leak unless an alternative 
schedule is approved by the Administrator.



Sec. 63.309  Performance tests and procedures.

    (a) Except as otherwise provided, a daily performance test shall be 
conducted each day, 7 days per week for each new and existing coke oven 
battery, the results of which shall be used in accordance with 
procedures specified in this subpart to determine compliance with each 
of the applicable visible emission limitations for coke oven doors, 
topside port lids, offtake systems, and charging operations in this 
subpart. If a facility pushes and charges only at night, then that 
facility must, at its option, change their schedule and charge during 
daylight hours or provide adequate lighting so that visible emission 
inspections can be made at night. ``Adequate lighting'' will be 
determined by the enforcement agency.
    (1) Each performance test is to be conducted according to the 
procedures and requirements in this section and in Method 303 or 303A in 
appendix A to this part or Methods 9 and 22 in appendix A to part 60 of 
this chapter (where applicable).
    (2) Each performance test is to be conducted by a certified 
observer.
    (3) The certified observer shall complete any reasonable safety 
training program offered by the owner or operator prior to conducting 
any performance test at a coke oven battery.
    (4) Except as otherwise provided in paragraph (a)(5) of this 
section, the owner or operator shall pay an inspection fee to the 
enforcement agency each calendar quarter to defray the

[[Page 448]]

costs of the daily performance tests required under paragraph (a) of 
this section.
    (i) The inspection fee shall be determined according to the 
following formula:
[GRAPHIC] [TIFF OMITTED] TR27OC93.002

where

F=Fees to be paid by owner or operator.
H=Total person hours for inspections: 4 hours for 1 coke oven battery, 
          6.25 hours for 2 coke oven batteries, 8.25 hours for 3 coke 
          oven batteries. For more than 3 coke oven batteries, use these 
          hours to calculate the appropriate estimate of person hours.
S=Current average hourly rate for private visible emission inspectors in 
          the relevant market.

    (ii) The enforcement agency may revise the value for H in equation 3 
within 3 years after October 27, 1993 to reflect the amount of time 
actually required to conduct the inspections required under paragraph 
(a) of this section.
    (iii) The owner or operator shall not be required to pay an 
inspection fee (or any part thereof) under paragraph (a)(4) of this 
section, for any monitoring or inspection services required by paragraph 
(a) of this section that the owner or operator can demonstrate are 
covered by other fees collected by the enforcement agency.
    (iv) Upon request, the enforcement agency shall provide the owner or 
operator information concerning the inspection services covered by any 
other fees collected by the enforcement agency, and any information 
relied upon under paragraph (a)(4)(ii) of this section.
    (5)(i) The EPA shall be the enforcement agency during any period of 
time that a delegation of enforcement authority is not in effect or a 
withdrawal of enforcement authority under Sec. 63.313 is in effect, and 
the Administrator is responsible for performing the inspections required 
by this section, pursuant to Sec. 63.313(c).
    (ii) Within thirty (30) days of receiving notification from the 
Administrator that the EPA is the enforcement agency for a coke oven 
battery, the owner or operator shall enter into a contract providing for 
the inspections and performance tests required under this section to be 
performed by a Method 303 certified observer. The inspections and 
performance tests will be conducted at the expense of the owner or 
operator, during the period that the EPA is the implementing agency.
    (b) The enforcement agency shall commence daily performance tests on 
the applicable date specified in Sec. 63.300 (a) or (c).
    (c) The certified observer shall conduct each performance test 
according to the requirements in this paragraph:
    (1) The certified observer shall conduct one run each day to observe 
and record visible emissions from each coke oven door (except for doors 
covered by an alternative standard under Sec. 63.305), topside port 
lid, and offtake system on each coke oven battery. The certified 
observer also shall conduct five runs to observe and record the seconds 
of visible emissions per charge for five consecutive charges from each 
coke oven battery. The observer may perform additional runs as needed to 
obtain and record a visible emissions value (or set of values) for an 
emission point that is valid under Method 303 or Method 303A in appendix 
A to this part. Observations from fewer than five consecutive charges 
shall constitute a valid set of charging observations only in accordance 
with the procedures and conditions specified in sections 3.8 and 3.9 of 
Method 303 in appendix A to this part.
    (2) If a valid visible emissions value (or set of values) is not 
obtained for a performance test, there is no compliance determination 
for that day. Compliance determinations will resume on the next day that 
a valid visible emissions value (or set of values) is obtained.
    (3) After each performance test for a by-product coke oven battery, 
the certified observer shall check and record the collecting main 
pressure according to the procedures in section 6.3 of Method 303 in 
appendix A to this part.
    (i) The owner or operator shall demonstrate pursuant to Method 303 
in appendix A to this part the accuracy of the pressure measurement 
device upon request of the certified observer;
    (ii) The owner or operator shall not adjust the pressure to a level 
below the

[[Page 449]]

range of normal operation during or prior to the inspection;
    (4) The certified observer shall monitor visible emissions from coke 
oven doors subject to an alternative standard under Sec. 63.305 on the 
schedule specified in Sec. 63.305(f).
    (5) If applicable, the certified observer shall monitor the opacity 
of any emissions escaping the control device for a shed covering doors 
subject to an alternative standard under Sec. 63.305 on the schedule 
specified in Sec. 63.305(f).
    (6) In no case shall the owner or operator knowingly block a coke 
oven door, or any portion of a door for the purpose of concealing 
emissions or preventing observations by the certified observer.
    (d) Using the observations obtained from each performance test, the 
enforcement agency shall compute and record, in accordance with the 
procedures and requirements of Method 303 or 303A in appendix A to this 
part, for each day of operations on which a valid emissions value (or 
set of values) is obtained:
    (1) The 30-run rolling average of the percent leaking coke oven 
doors, topside port lids, and offtake systems on each coke oven battery, 
using the equations in sections 4.5.3.2, 5.6.5.2, and 5.6.6.2 of Method 
303 (or section 3.4.3.2 of Method 303A) in appendix A to this part;
    (2) For by-product coke oven battery charging operations, the 
logarithmic 30-day rolling average of the seconds of visible emissions 
per charge for each battery, using the equation in section 3.9 of Method 
303 in appendix A to this part;
    (3) For a battery subject to an alternative emission limitation for 
coke oven doors on by-product coke oven batteries pursuant to Sec. 
63.305, the 30-run rolling average of the percent leaking coke oven 
doors for any side of the battery not subject to such alternative 
emission limitation;
    (4) For a by-product coke oven battery subject to the small battery 
emission limitation for coke oven doors pursuant to Sec. 63.304(b)(7), 
the 30-run rolling average of the number of leaking coke oven doors;
    (5) For an approved alternative emission limitation for coke oven 
doors according to Sec. 63.305, the weekly or monthly observation of 
the percent leaking coke oven doors using Method 303 in appendix A to 
this part, the percent opacity of visible emissions from the control 
device for the shed using Method 9 in appendix A to part 60 of this 
chapter, and visible emissions from the shed using Method 22 in appendix 
A to part 60 of this chapter;
    (e) The certified observer shall make available to the implementing 
agency as well as to the owner or operator, a copy of the daily 
inspection results by the end of the day and shall make available the 
calculated rolling average for each emission point to the owner or 
operator as soon as practicable following each performance test. The 
information provided by the certified observer is not a compliance 
determination. For the purpose of notifying an owner or operator of the 
results obtained by a certified observer, the person does not have to be 
certified.
    (f) Compliance shall not be determined more often than the schedule 
provided for performance tests under this section. If additional valid 
emissions observations are obtained (or in the case of charging, valid 
sets of emission observations), the arithmetic average of all valid 
values (or valid sets of values) obtained during the day shall be used 
in any computations performed to determine compliance under paragraph 
(d) of this section or determinations under Sec. 63.306.
    (g) Compliance with the alternative standards for nonrecovery coke 
oven batteries in Sec. 63.303; shed inspection, maintenance 
requirements, and monitoring requirements for parameters affecting the 
shed exhaust flow rate for batteries subject to alternative standards 
for coke oven doors under Sec. 63.305; work practice emission control 
plan requirements in Sec. 63.306; standards for bypass/bleeder stacks 
in Sec. 63.307; and standards for collecting mains in Sec. 63.308 is 
to be determined by the enforcement agency based on review of records 
and inspections.
    (h) For a flare installed to meet the requirements of Sec. 
63.307(b):
    (1) Compliance with the provisions in Sec. 63.307(c) (visible 
emissions from flares) shall be determined using Method 22 in appendix A 
to part 60 of this

[[Page 450]]

chapter, with an observation period of 2 hours; and
    (2) Compliance with the provisions in Sec. 63.307(b)(4) (flare 
pilot light) shall be determined using a thermocouple or any other 
equivalent device.
    (i) No observations obtained during any program for training or for 
certifying observers under this subpart shall be used to determine 
compliance with the requirements of this subpart or any other federally 
enforceable standard.
    (j) The owner or operator of a new nonrecovery coke oven battery 
shall conduct a performance test once each week to demonstrate 
compliance with the opacity limit in Sec. 63.303(d)(1). The owner or 
operator shall conduct each performance test according to the procedures 
and requirements in paragraphs (j)(1) through (3) of this section.
    (1) Using a certified observer, determine the average opacity of 
five consecutive charges per week for each charging emissions capture 
system if charges can be observed according to the requirements of 
Method 9 (40 CFR part 60, appendix A), except as specified in paragraphs 
(j)(1)(i) and (ii) of this section.
    (i) Instead of the procedures in section 2.4 of Method 9 (40 CFR 
part 60, appendix A), record observations to the nearest 5 percent at 
15-second intervals for at least five consecutive charges.
    (ii) Instead of the procedures in section 2.5 of Method 9 (40 CFR 
part 60, appendix A), determine and record the highest 3-minute average 
opacity for each charge from the consecutive observations recorded at 
15-second intervals.
    (2) Opacity observations are to start when the door is removed for 
charging and end when the door is replaced.
    (3) Using the observations recorded from each performance test, the 
certified observer shall compute and record the average of the highest 
3-minute averages for five consecutive charges.
    (k) The owner or operator of a new nonrecovery coke oven battery 
shall conduct a performance test to demonstrate initial compliance with 
the emission limitations for a charging emissions control device in 
Sec. 63.303(d)(2) within 180 days of the compliance date that is 
specified for the affected source in Sec. 63.300(a)(4) and report the 
results in the notification of compliance status. The owner or operator 
shall prepare a site-specific test plan according to the requirements in 
Sec. 63.7(c) and shall conduct each performance test according to the 
requirements in Sec. 63.7(e)(1) and paragraphs (k)(1) through (4) of 
this section.
    (1) Determine the concentration of PM 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. You may also use as an alternative to Method 3B, the 
manual method for measuring the oxygen, carbon dioxide, and carbon 
monoxide content of exhaust gas, ANSI/ASME PTC 19.10-1981, ``Flue and 
Exhaust Gas Analyses'' (incorporated by reference, see Sec. 63.14).
    (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 PM in the stack gas.
    (2) During each PM test run, sample only during periods of actual 
charging when the capture system fan and control device are engaged. 
Collect a minimum sample volume of 30 dry standard cubic feet (dscf) 
during each test run. Three valid test runs are needed to comprise a 
performance test. Each run must start at the beginning of a charge and 
finish at the end of a charge (i.e., sample for an integral number of 
charges).
    (3) Determine and record the total combined weight of tons of dry 
coal charged during the duration of each test run.
    (4) Compute the process-weighted mass emissions (Ep) for 
each test run using Equation 1 of this section as follows:

[[Page 451]]

[GRAPHIC] [TIFF OMITTED] TR15AP05.000

Where:

Ep = Process weighted mass emissions of PM, lb/ton;
C = Concentration of PM, grains per dry standard cubic foot (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 charging, hr;
P = Total amount of dry coal charged during the test run, tons; and
K = Conversion factor, 7,000 grains per pound (gr/lb).

    (l) The owner or operator of a new nonrecovery coke oven battery 
shall conduct subsequent performance tests for each charging emissions 
control device subject to the PM emissions limit in Sec. 63.303(d)(2) 
at least once during each term of their title V operating permit.
    (m) Visible emission observations of a charging emissions control 
device required by Sec. 63.303(d)(3)(iii) must be performed by a 
certified observer according to Method 9 (40 CFR part 60, appendix A) 
for one 6-minute period.

[58 FR 57911, Oct. 27, 1993, as amended at 68 FR 37345, June 23, 2003; 
70 FR 20013, Apr. 15, 2005]



Sec. 63.310  Requirements for startups, shutdowns, and malfunctions.

    (a) At all times including periods of startup, shutdown, and 
malfunction, the owner or operator shall operate and maintain the coke 
oven battery and its pollution control equipment required under this 
subpart, in a manner consistent with good air pollution control 
practices for minimizing emissions to the levels required by any 
applicable performance standards under this subpart. Failure to adhere 
to the requirement of this paragraph shall not constitute a separate 
violation if a violation of an applicable performance or work practice 
standard has also occurred.
    (b) Each owner or operator of a coke oven battery shall develop, 
according to paragraph (c) of this section, a written startup, shutdown, 
and malfunction plan that describes procedures for operating the 
battery, including associated air pollution control equipment, during a 
period of a startup, shutdown, or malfunction in a manner consistent 
with good air pollution control practices for minimizing emissions, and 
procedures for correcting malfunctioning process and air pollution 
control equipment as quickly as practicable.
    (c) Malfunctions shall be corrected as soon as practicable after 
their occurrence.
    (d) In order for the provisions of paragraph (i) of this section to 
apply with respect to the observation (or set of observations) for a 
particular day, notification of a startup, shutdown, or a malfunction 
shall be made by the owner or operator:
    (1) If practicable, to the certified observer if the observer is at 
the facility during the occurrence; or
    (2) To the enforcement agency, in writing, within 24 hours of the 
occurrence first being documented by a company employee, and if the 
notification under paragraph (d)(1) of this section was not made, an 
explanation of why no such notification was made.
    (e) Within 14 days of the notification made under paragraph (d) of 
this section, or after a startup or shutdown, the owner or operator 
shall submit a written report to the applicable permitting authority 
that:
    (1) Describes the time and circumstances of the startup, shutdown, 
or malfunction; and
    (2) Describes actions taken that might be considered inconsistent 
with the startup, shutdown, or malfunction plan.
    (f) The owner or operator shall maintain a record of internal 
reports which form the basis of each malfunction notification under 
paragraph (d) of this section.
    (g) To satisfy the requirements of this section to develop a 
startup, shutdown, and malfunction plan, the owner or operator may use 
the standard operating procedures manual for the battery, provided the 
manual meets all the requirements for this section and is made available 
for inspection at reasonable times when requested by the Administrator.

[[Page 452]]

    (h) The Administrator may require reasonable revisions to a startup, 
shutdown, and malfunction plan, if the Administrator finds that the 
plan:
    (1) Does not address a startup, shutdown, or malfunction event that 
has occurred;
    (2) Fails to provide for the operation of the source (including 
associated air pollution control equipment) during a startup, shutdown, 
or malfunction event in a manner consistent with good air pollution 
control practices for minimizing emissions; or
    (3) Does not provide adequate procedures for correcting 
malfunctioning process and/or air pollution control equipment as quickly 
as practicable.
    (i) If the owner or operator demonstrates to the satisfaction of the 
Administrator that a startup, shutdown, or malfunction has occurred, 
then an observation occurring during such startup, shutdown, or 
malfunction shall not:
    (1) Constitute a violation of relevant requirements of this subpart;
    (2) Be used in any compliance determination under Sec. 63.309; or
    (3) Be considered for purposes of Sec. 63.306, until the 
Administrator has resolved the claim that a startup, shutdown, or 
malfunction has occurred. If the Administrator determines that a 
startup, shutdown, or malfunction has not occurred, such observations 
may be used for purposes of Sec. 63.306, regardless of whether the 
owner or operator further contests such determination. The owner's or 
operator's receipt of written notification from the Administrator that a 
startup, shutdown, or malfunction has not occurred will serve, where 
applicable under Sec. 63.306, as written notification from the 
certified observer that an exceedance has occurred.
    (j) The owner or operator of a nonrecovery coke oven battery subject 
to the work practice standards for door leaks in Sec. 63.303(c) shall 
include the information specified in paragraphs (j)(1) and (2) of this 
section in the startup, shutdown, and malfunction plan.
    (1) Identification of potential malfunctions that will cause a door 
to leak, preventative maintenance procedures to minimize their 
occurrence, and corrective action procedures to stop the door leak.
    (2) Identification of potential malfunctions that affect charging 
emissions, preventative maintenance procedures to minimize their 
occurrence, and corrective action procedures.

[58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20014, Apr. 15, 2005; 
71 FR 20456, Apr. 20, 2006]



Sec. 63.311  Reporting and recordkeeping requirements.

    (a) After the effective date of an approved permit in a State under 
part 70 of this chapter, the owner or operator shall submit all 
notifications and reports required by this subpart to the State 
permitting authority. Use of information provided by the certified 
observer shall be a sufficient basis for notifications required under 
Sec. 70.5(c)(9) of this chapter and the reasonable inquiry requirement 
of Sec. 70.5(d) of this chapter.
    (b) Initial compliance certification. The owner or operator of an 
existing or new coke oven battery shall provide a written statement(s) 
to certify compliance to the Administrator within 45 days of the 
applicable compliance date for the emission limitations or requirements 
in this subpart. The owner or operator shall include the following 
information in the initial compliance certification:
    (1) Statement signed by the owner or operator, certifying that a 
bypass/bleeder stack flare system or an approved alternative control 
device or system has been installed as required in Sec. 63.307.
    (2) Statement, signed by the owner or operator, certifying that a 
written startup, shutdown, and malfunction plan has been prepared as 
required in Sec. 63.310.
    (3) Statement, signed by the owner or operator, certifying that all 
work practice standards for charging operations have been met as 
required in Sec. 63.303(b)(3).
    (4) Statement, signed by the owner or operator, certifying that all 
work practice standards for door leaks have been met as required in 
Sec. 63.303(c).
    (5) Statement, signed by the owner or operator, certifying that the 
information on potential malfunctions has been added to the startup, 
shutdown and malfunction plan as required in Sec. 63.310(j).

[[Page 453]]

    (6) Statement, signed by the owner or operator, that all applicable 
emission limitations in Sec. 63.303(d)(1) and (2) for a new nonrecovery 
coke oven battery have been met. The owner or operator shall also 
include the results of the PM performance test required in Sec. 
63.309(k).
    (7) Statement, signed by the owner or operator, certifying that all 
work practice standards in Sec. 63.303(d)(3) and (4) for a new 
nonrecovery coke oven battery have been met.
    (c) Notifications. The owner or operator shall provide written 
notification(s) to the Administrator of:
    (1) Intention to construct a new coke oven battery (including 
reconstruction of an existing coke oven battery and construction of a 
greenfield coke oven battery), a brownfield coke oven battery, or a 
padup rebuild coke oven battery, including the anticipated date of 
startup.
    (2) Election to meet emission limitation(s) in this subpart as 
follows:
    (i) Notification of election to meet the emission limitations in 
Sec. 63.304(b)(1) or Sec. 63.304(c) either in lieu of or in addition 
to the applicable emission limitations in Sec. 63.302(a) or Sec. 
63.303(a) must be received by the Administrator on or before November 
15, 1993; or
    (ii) Notification of election to meet the emission limitations in 
Sec. 63.302(a)(1) or Sec. 63.303(a), as applicable, must be received 
by the Administrator on or before December 31, 1995; and
    (iii) Notification of election to meet the emission limitations in 
Sec. 63.304(b) (2) through (4) and Sec. 63.304(c) or election to meet 
residual risk standards to be developed according to section 112(f) of 
the Act in lieu of the emission standards in Sec. 63.304 must be 
received on or before January 1, 1998.
    (3) Intention to conduct a PM performance test for a new nonrecovery 
coke oven battery subject to the requirements in Sec. 63.303(d)(2). The 
owner or operator shall provide written notification according to the 
requirements in Sec. 63.7(b).
    (d) Semiannual compliance certification. The owner or operator of a 
coke oven battery shall include the following information in the 
semiannual compliance certification:
    (1) Certification, signed by the owner or operator, that no coke 
oven gas was vented, except through the bypass/bleeder stack flare 
system of a by-product coke oven battery during the reporting period or 
that a venting report has been submitted according to the requirements 
in paragraph (e) of this section.
    (2) Certification, signed by the owner or operator, that a startup, 
shutdown, or malfunction event did not occur for a coke oven battery 
during the reporting period or that a startup, shutdown, and malfunction 
event did occur and a report was submitted according to the requirements 
in Sec. 63.310(e).
    (3) Certification, signed by the owner or operator, that work 
practices were implemented if applicable under Sec. 63.306.
    (4) Certification, signed by the owner or operator, that all work 
practices for nonrecovery coke oven batteries were implemented as 
required in Sec. 63.303(b)(3).
    (5) Certification, signed by the owner or operator, that all coke 
oven door leaks on a nonrecovery battery were stopped according to the 
requirements in Sec. 63.303(c)(2) and (3). If a coke oven door leak was 
not stopped according to the requirements in Sec. 63.303(c)(2) and (3), 
or if the door leak occurred again during the coking cycle, the owner or 
operator must report the information in paragraphs (d)(5)(i) through 
(iii) of this section.
    (i) The oven number of each coke oven door for which a leak was not 
stopped according to the requirements in Sec. 63.303(c)(2) and (3) or 
for a door leak that occurred again during the coking cycle.
    (ii) The total duration of the leak from the time the leak was first 
observed.
    (iii) The cause of the leak (including unknown cause, if applicable) 
and the corrective action taken to stop the leak.
    (6) Certification, signed by the owner or operator, that the opacity 
of emissions from charging operations for a new nonrecovery coke oven 
battery did not exceed 20 percent. If the opacity limit in Sec. 
63.303(d)(1) was exceeded, the owner or operator must report the number, 
duration, and cause of the deviation (including unknown cause, if

[[Page 454]]

applicable), and the corrective action taken.
    (7) Results of any PM performance test for a charging emissions 
control device for a new nonrecovery coke oven battery conducted during 
the reporting period as required in Sec. 63.309(l).
    (8) Certification, signed by the owner or operator, that all work 
practices for a charging emissions control device for a new nonrecovery 
coke oven battery were implemented as required in Sec. 63.303(d)(3). If 
a Method 9 (40 CFR part 60, appendix A) visible emissions observation 
exceeds 10 percent, the owner or operator must report the duration and 
cause of the deviation (including unknown cause, if applicable), and the 
corrective action taken.
    (9) Certification, signed by the owner or operator, that all work 
practices for oven dampers on a new nonrecovery coke oven battery were 
implemented as required in Sec. 63.303(d)(4).
    (e) Report for the venting of coke oven gas other than through a 
flare system. The owner or operator shall report any venting of coke 
oven gas through a bypass/bleeder stack that was not vented through the 
bypass/bleeder stack flare system to the Administrator as soon as 
practicable but no later than 24 hours after the beginning of the event. 
A written report shall be submitted within 30 days of the event and 
shall include a description of the event and, if applicable, a copy of 
the notification for a hazardous substance release required pursuant to 
Sec. 302.6 of this chapter.
    (f) Recordkeeping. The owner or operator shall maintain files of all 
required information in a permanent form suitable for inspection at an 
onsite location for at least 1 year and must thereafter be accessible 
within 3 working days to the Administrator for the time period specified 
in Sec. 70.6(a)(3)(ii)(B) of this chapter. Copies of the work practice 
plan developed under Sec. 63.306 and the startup, shutdown, and 
malfunction plan developed under Sec. 63.310 shall be kept onsite at 
all times. The owner or operator shall maintain the following 
information:
    (1) For nonrecovery coke oven batteries,
    (i) Records of daily pressure monitoring, if applicable according to 
Sec. 63.303(a)(1)(ii) or Sec. 63.303(b)(1)(ii).
    (ii) Records demonstrating the performance of work practice 
requirements according to Sec. 63.306(b)(7). This requirement applies 
to nonrecovery coke oven batteries subject to the work practice 
requirements in Sec. 63.303(a)(2) or Sec. 63.303(b)(3).
    (iii) Design characteristics of each emission control system for the 
capture and collection of charging emissions, as required by Sec. 
63.303(b)(2).
    (iv) Records to demonstrate compliance with the work practice 
requirement for door leaks in Sec. 63.303(c). These records must 
include the oven number of each leaking door, total duration of the leak 
from the time the leak was first observed, the cause of the leak 
(including unknown cause, if applicable), the corrective action taken, 
and the amount of time taken to stop the leak from the time the leak was 
first observed.
    (v) Records to demonstrate compliance with the work practice 
requirements for oven uptake damper monitoring and adjustments in Sec. 
63.303(c)(1)(iv).
    (vi) Records of weekly performance tests to demonstrate compliance 
with the opacity limit for charging operations in Sec. 63.303(d)(1). 
These records must include calculations of the highest 3-minute averages 
for each charge, the average opacity of five charges, and, if 
applicable, records demonstrating why five consecutive charges were not 
observed (e.g., the battery was charged only at night).
    (vii) Records of all PM performance tests for a charging emissions 
control device to demonstrate compliance with the limit in Sec. 
63.303(d)(2).
    (viii) Records of all daily visible emission observations for a 
charging emission control device to demonstrate compliance with the 
requirements limit in Sec. 63.303(d)(3).
    (ix) Records to demonstrate compliance with the work practice 
requirements for oven uptake damper monitoring and adjustments in Sec. 
63.303(d)(4).
    (2) For an approved alternative emission limitation according to 
Sec. 63.305;

[[Page 455]]

    (i) Monitoring records for parameter(s) that indicate the exhaust 
flow rate is maintained;
    (ii) If applicable under Sec. 63.305(f)(4)(i);
    (A) Records of opacity readings from the continuous opacity monitor 
for the control device for the shed; and
    (B) Records that demonstrate the continuous opacity monitoring 
system meets the requirements of Performance Specification 1 in appendix 
B to part 60 of this chapter and the operation and maintenance 
requirements in part 52 of this chapter; and
    (iii) Records of quarterly visual inspections as specified in Sec. 
63.305(f)(5), including the time and date a defect is detected and 
repaired.
    (3) A copy of the work practice plan required by Sec. 63.306 and 
any revision to the plan;
    (4) If the owner or operator is required under Sec. 63.306(c) to 
implement the provisions of a work practice plan for a particular 
emission point, the following records regarding the implementation of 
plan requirements for that emission point during the implementation 
period;
    (i) Copies of all written and audiovisual materials used in the 
training, the dates of each class, the names of the participants in each 
class, and documentation that all appropriate personnel have 
successfully completed the training required under Sec. 63.306(b)(1);
    (ii) The records required to be maintained by the plan provisions 
implementing Sec. 63.306(b)(7);
    (iii) Records resulting from audits of the effectiveness of the work 
practice program for the particular emission point, as required under 
Sec. 63.306(b)(2)(i), 63.306(b)(3)(i), 63.306(b)(4)(i), or 
63.306(b)(5)(i); and
    (iv) If the plan provisions for coke oven doors must be implemented, 
records of the inventory of doors and jambs as required under Sec. 
63.306(b)(2)(vi); and
    (5) The design drawings and engineering specifications for the 
bypass/bleeder stack flare system or approved alternative control device 
or system as required under Sec. 63.307.
    (6) Records specified in Sec. 63.310(f) regarding the basis of each 
malfunction notification.
    (g) Records required to be maintained and reports required to be 
filed with the Administrator under this subpart shall be made available 
in accordance with the requirements of this paragraph by the owner or 
operator to the authorized collective bargaining representative of the 
employees at a coke oven battery, for inspection and copying.
    (1) Requests under paragraph (g) of this section shall be submitted 
in writing, and shall identify the records or reports that are subject 
to the request with reasonable specificity;
    (2) The owner or operator shall produce the reports for inspection 
and copying within a reasonable period of time, not to exceed 30 days. A 
reasonable fee may be charged for copying (except for the first copy of 
any document), which shall not exceed the copying fee charged by the 
Administrator under part 2 of this chapter;
    (3) Nothing in paragraph (g) of this section shall require the 
production for inspection or copying of any portion of a document that 
contains trade secrets or confidential business information that the 
Administrator would be prohibited from disclosing to the public under 
part 2 of this chapter; and
    (4) The inspection or copying of a document under paragraph (g) of 
this section shall not in any way affect any property right of the owner 
or operator in such document under laws for the protection of 
intellectual property, including the copyright laws.

[58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20014, Apr. 15, 2005]



Sec. 63.312  Existing regulations and requirements.

    (a) The owner or operator shall comply with all applicable State 
implementation plan emission limits and (subject to any expiration date) 
all federally enforceable emission limitations which are contained in an 
order, decree, permit, or settlement agreement for the control of 
emissions from offtake systems, topside port lids, coke oven doors, and 
charging operations in effect on September 15, 1992, or which have been 
modified according to the provisions of paragraph (c) of this section.

[[Page 456]]

    (b) Nothing in this subpart shall affect the enforcement of such 
State implementation plan emission limitations (or, subject to any 
expiration date, such federally enforceable emission limitations 
contained in an order, decree, permit, or settlement agreement) in 
effect on September 15, 1992, or which have been modified according to 
the provisions in paragraph (c) of this section.
    (c) No such State implementation plan emission limitation (or, 
subject to any expiration date, such federally enforceable emission 
limitation contained in an order, decree, permit, or settlement 
agreement) in effect on September 15, 1992, may be modified under the 
Act unless:
    (1) Such modification is consistent with all requirements of section 
110 of the Act; and either
    (i) Such modification ensures that the applicable emission 
limitations and format (e.g., single pass v. multiday average) in effect 
on September 15, 1992, will continue in effect; or
    (ii) Such modification includes a change in the method of monitoring 
(except frequency unless frequency was indicated in the State 
implementation plan, or subject to any expiration date, other federally 
enforceable requirements contained in an order, decree, permit, or 
settlement agreement) that is more stringent than the method of 
monitoring in effect on September 15, 1992, and that ensures coke oven 
emission reductions greater than the emission reductions required on 
September 15, 1992. The burden of proof in demonstrating the stringency 
of the methods of monitoring is borne by the party requesting the 
modification and must be made to the satisfaction of the Administrator; 
or
    (iii) Such modification makes the emission limitations more 
stringent while holding the format unchanged, makes the format more 
stringent while holding the emission limitations unchanged, or makes 
both more stringent.
    (2) Any industry application to make a State implementation plan 
revision or other adjustment to account for differences between Method 
303 in appendix A to this part and the State's method based on paragraph 
(c)(1)(ii) of this section shall be submitted within 12 months after 
October 27, 1993.
    (d) Except as specified in Sec. 63.307(f), nothing in this subpart 
shall limit or affect any authority or obligation of Federal, State, or 
local agencies to establish emission limitations or other requirements 
more stringent than those specified in this subpart.
    (e) Except as provided in Sec. 63.302(c), section 112(g) of the Act 
shall not apply to sources subject to this subpart.



Sec. 63.313  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (d) of this section are 
retained by the Administrator and cannot be transferred to the State, 
local, or Tribal agency.
    (c) Withdrawal of authority:
    (1) Whenever the Administrator learns that a delegated agency has 
not fully carried out the inspections and performance tests required 
under Sec. 63.309 for each applicable emission point of each battery 
each day, the Administrator shall immediately notify the agency. Unless 
the delegated agency demonstrates to the Administrator's satisfaction 
within 15 days of notification that the agency is consistently carrying 
out the inspections and performance tests required under Sec. 63.309 in 
the manner specified in the preceding sentence, the Administrator shall 
notify the coke oven battery owner or operator that inspections and 
performance tests shall be carried out

[[Page 457]]

according to Sec. 63.309(a)(5). When the Administrator determines that 
the delegated agency is prepared to consistently perform all the 
required inspections and performance tests each day, the Administrator 
shall give the coke oven battery owner or operator at least 15 days 
notice that implementation will revert to the previously delegated 
agency.
    (2) In addition to the provisions in paragraph (c)(1) of this 
section, the Administrator may also withdraw delegation of authority 
pursuant to the provisions of Sec. 63.96 of subpart E of this part.
    (d) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (d)(1) through (5) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.300 and 63.302 through 63.308 (except the authorities in 63.306(a)(2) 
and (d)).
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of any changes to section 2 of Method 303 in appendix A 
of this part.
    (4) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (5) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37346, June 23, 2003]



 Sec. Appendix A to Subpart L of Part 63--Operating Coke Oven Batteries 

                           as of April 1, 1992

------------------------------------------------------------------------
        No.                     Plant                     Battery
------------------------------------------------------------------------
1.................  ABC Coke, Tarrant, AL.......  A
                                                  5
                                                  6
2.................  Acme Steel, Chicago, IL.....  1
                                                  2
3.................  Armco, Inc., Middletown, OH.  1
                                                  2
                                                  3
4.................  Armco, Inc., Ashland, KY....  3
                                                  4
5.................  Bethlehem Steel, Bethlehem,   A
                     PA.
                                                  2
                                                  3
6.................  Bethlehem Steel, Burns        1
                     Harbor, IN.
                                                  2
7.................  Bethlehem Steel, Lackawanna,  7
                     NY.
                                                  8
8.................  Citizens Gas, Indianapolis,   E
                     IN.
                                                  H
                                                  1
9.................  Empire Coke, Holt, AL.......  1
                                                  2
10................  Erie Coke, Erie, PA.........  A
                                                  B
11................  Geneva Steel, Provo, UT.....  1
                                                  2
                                                  3
                                                  4
12................  Gulf States Steel, Gadsden,   2
                     AL.
                                                  3
13................  Inland Steel, East Chicago,   6
                     IN.
                                                  7
                                                  9
                                                  10
                                                  11
14................  Jewell Coal and Coke,         2
                     Vansant, VA.
                                                  3A
                                                  3B
                                                  3C
15................  Koppers, Woodward, AL.......  1
                                                  2A
                                                  2B
                                                  4A
                                                  4B
                                                  5
16................  LTV Steel, Cleveland, OH....  6
                                                  7
17................  LTV Steel, Pittsburgh, PA...  P1
                                                  P2
                                                  P3N
                                                  P3S
                                                  P4
18................  LTV Steel, Chicago, IL......  2
19................  LTV Steel, Warren, OH.......  4
20................  National Steel, Ecorse, MI..  5
21................  National Steel, Granite       A
                     City, IL.
                                                  B
22................  New Boston Coke, Portsmouth,  1
                     OH.
23................  Sharon Steel, Monessen, PA..  1B
                                                  2
24................  Shenango, Pittsburgh, PA....  1
                                                  4
25................  Sloss Industries,             3
                     Birmingham, AL.
                                                  4
                                                  5
26................  Toledo Coke, Toledo, OH.....  C
27................  Tonawanda Coke, Buffalo, NY.  1
28................  USX, Clairton, PA...........  1
                                                  2
                                                  3
                                                  7
                                                  8
                                                  9
                                                  13
                                                  14
                                                  15
                                                  19
                                                  20
                                                  B
29................  USX, Gary, IN...............  2
                                                  3
                                                  5
                                                  7
30................  Wheeling-Pittsburgh, E.       1
                     Steubenville, WV.            2
                                                  3
                                                  8
------------------------------------------------------------------------


[58 FR 57911, Oct. 27, 1993; 59 FR 1992, Jan. 13, 1994]

[[Page 458]]



  Subpart M_National Perchloroethylene Air Emission Standards for Dry 

                           Cleaning Facilities

    Source: 58 FR 49376, Sept. 22, 1993, unless otherwise noted.



Sec. 63.320  Applicability.

    (a) The provisions of this subpart apply to the owner or operator of 
each dry cleaning facility that uses perchloroethylene.
    (b) The compliance date for a new dry cleaning system depends on the 
date that construction or reconstruction commences.
    (1) Each dry cleaning system that commences construction or 
reconstruction on or after December 9, 1991 and before December 21, 
2005, shall be in compliance with the provisions of this subpart except 
Sec. 63.322(o) beginning on September 22, 1993 or immediately upon 
startup, whichever is later, except for dry cleaning systems complying 
with section 112(i)(2) of the Clean Air Act; and shall be in compliance 
with the provisions of Sec. 63.322(o) beginning on July 28, 2008, 
except as provided by Sec. 63.6(b)(4), as applicable.
    (2)(i) Each dry cleaning system that commences construction or 
reconstruction on or after December 21, 2005 shall be in compliance with 
the provisions of this subpart, except Sec. 63.322(o), immediately upon 
startup; and shall be in compliance with the provisions of Sec. 
63.322(o) beginning on July 27, 2006 or immediately upon startup, 
whichever is later.
    (ii) Each dry cleaning system that commences construction or 
reconstruction on or after December 21, 2005, but before July 13, 2006, 
and is located in a building with a residence, shall be in compliance 
with the provisions of this subpart, except Sec. 63.322(o), immediately 
upon startup; shall be in compliance with the provisions of Sec. 
63.322(o)(5)(ii) beginning on July 27, 2006; and shall be in compliance 
with the provisions of Sec. 63.322(o)(5)(i) beginning on July 27, 2009.
    (3) Each dry cleaning system that commences construction or 
reconstruction on or after July 27, 2006, shall be in compliance with 
the provisions of this subpart, including Sec. 63.322(o), immediately 
upon startup.
    (c) Each dry cleaning system that commenced construction or 
reconstruction before December 9, 1991, and each new transfer machine 
system and its ancillary equipment that commenced construction or 
reconstruction on or after December 9, 1991 and before September 22, 
1993, shall comply with Sec. Sec. 63.322(c), (d), (i), (j), (k), (l), 
and (m); 63.323(d); and 63.324(a), (b), (d)(1), (d)(2), (d)(3), (d)(4), 
and (e) beginning on December 20, 1993, and shall comply with other 
provisions of this subpart except Sec. 63.322(o) by September 23, 1996; 
and shall comply with Sec. 63.322(o) by July 28, 2008.
    (d) Each existing dry-to-dry machine and its ancillary equipment 
located in a dry cleaning facility that includes only dry-to-dry 
machines, and each existing transfer machine system and its ancillary 
equipment, and each new transfer machine system and its ancillary 
equipment installed between December 9, 1991, and September 22, 1993, as 
well as each existing dry-to-dry machine and its ancillary equipment, 
located in a dry cleaning facility that includes both transfer machine 
system(s) and dry-to-dry machine(s) is exempt from Sec. Sec. 63.322, 
63.323, and 63.324, except Sec. Sec. 63.322(c), (d), (i), (j), (k), 
(l), (m), (o)(1), (o)(3), (o)(4) and (o)(5)(i); 63.323(d); and 
63.324(a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and (e) if the total PCE 
consumption of the dry cleaning facility is less than 530 liters (140 
gallons) per year. Consumption is determined according to Sec. 
63.323(d).
    (e) Each existing transfer machine system and its ancillary 
equipment, and each new transfer machine system and its ancillary 
equipment installed between December 9, 1991, and September 22, 1993, 
located in a dry cleaning facility that includes only transfer machine 
system(s), is exempt from Sec. Sec. 63.322, 63.323, and 63.324, except 
Sec. Sec. 63.322(c), (d), (i), (j), (k), (l), (m), (o)(1), (o)(3) and 
(o)(4); 63.323(d); and 63.324(a), (b), (d)(1), (d)(2), (d)(3), (d)(4), 
and (e) if the PCE consumption of the dry cleaning facility is less than 
760 liters (200 gallons) per year. Consumption is determined according 
to Sec. 63.323(d).

[[Page 459]]

    (f) If the total yearly perchloroethylene consumption of a dry 
cleaning facility determined according to Sec. 63.323(d) is initially 
less than the amounts specified in paragraph (d) or (e) of this section, 
but later exceeds those amounts, the existing dry cleaning system(s) and 
new transfer machine system(s) and its (their) ancillary equipment 
installed between December 9, 1991 and September 22, 1993 in the dry 
cleaning facility must comply with Sec. 63.322, Sec. 63.323, and Sec. 
63.324 by 180 calendar days from the date that the facility determines 
it has exceeded the amounts specified, or by September 23, 1996, 
whichever is later.
    (g) A dry cleaning facility is a major source if the facility emits 
or has the potential to emit more than 9.1 megagrams per year (10 tons 
per year) of perchloroethylene to the atmosphere. In lieu of measuring a 
facility's potential to emit perchloroethylene emissions or determining 
a facility's potential to emit perchloroethylene emissions, a dry 
cleaning facility is a major source if:
    (1) It includes only dry-to-dry machine(s) and has a total yearly 
perchloroethylene consumption greater than 8,000 liters (2,100 gallons) 
as determined according to Sec. 63.323(d); or
    (2) It includes only transfer machine system(s) or both dry-to-dry 
machine(s) and transfer machine system(s) and has a total yearly 
perchloroethylene consumption greater than 6,800 liters (1,800 gallons) 
as determined according to Sec. 63.323(d).
    (h) A dry cleaning facility is an area source if it does not meet 
the conditions of paragraph (g) of this section.
    (i) If the total yearly perchloroethylene consumption of a dry 
cleaning facility determined according to Sec. 63.323(d) is initially 
less than the amounts specified in paragraph (g) of this section, but 
then exceeds those amounts, the dry cleaning facility becomes a major 
source and all dry cleaning systems located at that dry cleaning 
facility must comply with the appropriate requirements for major sources 
under Sec. Sec. 63.322, 63.323, and 63.324 by 180 calendar days from 
the date that the facility determines it has exceeded the amount 
specified, or by September 23, 1996, whichever is later.
    (j) All coin-operated dry cleaning machines are exempt from the 
requirements of this subpart.
    (k) If you are an owner or operator of an area source subject to 
this subpart, you are exempt from 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 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 applicable to area sources.

[58 FR 49376, Sept. 22, 1993, as amended at 58 FR 66289, Dec. 20, 1993; 
61 FR 27788, June 3, 1996; 61 FR 49265, Sept. 19, 1996; 64 FR 69643, 
Dec. 14, 1999; 70 FR 75345, Dec. 19, 2005; 71 FR 42743, July 27, 2006; 
73 FR 39874, July 11, 2008]



Sec. 63.321  Definitions.

    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative 
(e.g., a State that has been delegated the authority to implement the 
provisions of this part).
    Ancillary equipment means the equipment used with a dry cleaning 
machine in a dry cleaning system including, but not limited to, emission 
control devices, pumps, filters, muck cookers, stills, solvent tanks, 
solvent containers, water separators, exhaust dampers, diverter valves, 
interconnecting piping, hoses, and ducts.
    Area source means any perchloroethylene dry cleaning facility that 
meets the conditions of Sec. 63.320(h).
    Articles mean clothing, garments, textiles, fabrics, leather goods, 
and the like, that are dry cleaned.
    Biweekly means any 14-day period of time.
    Carbon adsorber means a bed of activated carbon into which an air-
perchloroethylene gas-vapor stream is routed and which adsorbs the 
perchloroethylene on the carbon.
    Coin-operated dry cleaning machine means a dry cleaning machine that 
is operated by the customer (that is, the customer places articles into 
the machine, turns the machine on, and removes articles from the 
machine).

[[Page 460]]

    Colorimetric detector tube means a glass tube (sealed prior to use), 
containing material impregnated with a chemical that is sensitive to 
perchloroethylene and is designed to measure the concentration of 
perchloroethylene in air.
    Construction, for purposes of this subpart, means the fabrication 
(onsite), erection, or installation of a dry cleaning system subject to 
this subpart.
    Desorption means regeneration of a carbon adsorber by removal of the 
perchloroethylene adsorbed on the carbon.
    Diverter valve means a flow control device that prevents room air 
from passing through a refrigerated condenser when the door of the dry 
cleaning machine is open.
    Dry cleaning means the process of cleaning articles using 
perchloroethylene.
    Dry cleaning cycle means the washing and drying of articles in a 
dry-to-dry machine or transfer machine system.
    Dry cleaning facility means an establishment with one or more dry 
cleaning systems.
    Dry cleaning machine means a dry-to-dry machine or each machine of a 
transfer machine system.
    Dry cleaning machine drum means the perforated container inside the 
dry cleaning machine that holds the articles during dry cleaning.
    Dry cleaning system means a dry-to-dry machine and its ancillary 
equipment or a transfer machine system and its ancillary equipment.
    Dryer means a machine used to remove perchloroethylene from articles 
by tumbling them in a heated air stream (see reclaimer).
    Dry-to-dry machine means a one-machine dry cleaning operation in 
which washing and drying are performed in the same machine.
    Exhaust damper means a flow control device that prevents the air-
perchloroethylene gas-vapor stream from exiting the dry cleaning machine 
into a carbon adsorber before room air is drawn into the dry cleaning 
machine.
    Existing means commenced construction or reconstruction before 
December 9, 1991.
    Filter means a porous device through which PCE is passed to remove 
contaminants in suspension. Examples include, but are not limited to, 
lint filter, button trap, cartridge filter, tubular filter, regenerative 
filter, prefilter, polishing filter, and spin disc filter.
    Halogenated hydrocarbon detector means a portable device capable of 
detecting vapor concentrations of PCE of 25 parts per million by volume 
and indicating a concentration of 25 parts per million by volume or 
greater by emitting an audible or visual signal that varies as the 
concentration changes.
    Heating coil means the device used to heat the air stream circulated 
from the dry cleaning machine drum, after perchloroethylene has been 
condensed from the air stream and before the stream reenters the dry 
cleaning machine drum.
    Major source means any dry cleaning facility that meets the 
conditions of Sec. 63.320(g).
    Muck cooker means a device for heating perchloroethylene-laden waste 
material to volatilize and recover perchloroethylene.
    New means commenced construction or reconstruction on or after 
December 9, 1991.
    PCE gas analyzer means a flame ionization detector, photoionization 
detector, or infrared analyzer capable of detecting vapor concentrations 
of PCE of 25 parts per million by volume.
    Perceptible leaks mean any perchloroethylene vapor or liquid leaks 
that are obvious from:
    (1) The odor of perchloroethylene;
    (2) Visual observation, such as pools or droplets of liquid; or
    (3) The detection of gas flow by passing the fingers over the 
surface of equipment.
    Perchloroethylene consumption means the total volume of 
perchloroethylene purchased based upon purchase receipts or other 
reliable measures.
    Reclaimer means a machine used to remove perchloroethylene from 
articles by tumbling them in a heated air stream (see dryer).
    Reconstruction, for purposes of this subpart, means replacement of a 
washer, dryer, or reclaimer; or replacement of any components of a dry 
cleaning system to such an extent that the fixed

[[Page 461]]

capital cost of the new components exceeds 50 percent of the fixed 
capital cost that would be required to construct a comparable new 
source.
    Refrigerated condenser means a vapor recovery system into which an 
air-perchloroethylene gas-vapor stream is routed and the 
perchloroethylene is condensed by cooling the gas-vapor stream.
    Refrigerated condenser coil means the coil containing the chilled 
liquid used to cool and condense the perchloroethylene.
    Residence means any dwelling or housing in which people reside 
excluding short-term housing that is occupied by the same person for a 
period of less than 180 days (such as a hotel room).
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice 
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more dry cleaning facilities;
    (2) For a partnership: A general partner;
    (3) For a sole proprietorship: The owner; or
    (4) For a municipality, State, Federal, or other public agency: 
Either a principal executive officer or ranking official.
    Room enclosure means a stationary structure that encloses a transfer 
machine system, and is vented to a carbon adsorber or an equivalent 
control device during operation of the transfer machine system.
    Source, for purposes of this subpart, means each dry cleaning 
system.
    Still means any device used to volatilize and recover 
perchloroethylene from contaminated perchloroethylene.
    Temperature sensor means a thermometer or thermocouple used to 
measure temperature.
    Transfer machine system means a multiple-machine dry cleaning 
operation in which washing and drying are performed in different 
machines. Examples include, but are not limited to:
    (1) A washer and dryer(s);
    (2) A washer and reclaimer(s); or
    (3) A dry-to-dry machine and reclaimer(s).
    Vapor barrier enclosure means a room that encloses a dry cleaning 
system and is constructed of vapor barrier material that is impermeable 
to perchloroethylene. The enclosure shall be equipped with a ventilation 
system that exhausts outside the building and is completely separate 
from the ventilation system for any other area of the building. The 
exhaust system shall be designed and operated to maintain negative 
pressure and a ventilation rate of at least one air change per five 
minutes. The vapor barrier enclosure shall be constructed of glass, 
plexiglass, polyvinyl chloride, PVC sheet 22 mil thick (0.022 in.), 
sheet metal, metal foil face composite board, or other materials that 
are impermeable to perchloroethylene vapor. The enclosure shall be 
constructed so that all joints and seams are sealed except for inlet 
make-up air and exhaust openings and the entry door.
    Vapor leak means a PCE vapor concentration exceeding 25 parts per 
million by volume (50 parts per million by volume as methane) as 
indicated by a halogenated hydrocarbon detector or PCE gas analyzer.
    Washer means a machine used to clean articles by immersing them in 
perchloroethylene. This includes a dry-to-dry machine when used with a 
reclaimer.
    Water separator means any device used to recover perchloroethylene 
from a water-perchloroethylene mixture.
    Year or Yearly means any consecutive 12-month period of time.

[58 FR 49376, Sept. 22, 1993, as amended at 71 FR 42744, July 27, 2006]



Sec. 63.322  Standards.

    (a) The owner or operator of each existing dry cleaning system and 
of each new transfer machine system and its ancillary equipment 
installed between December 9, 1991 and September 22, 1993 shall comply 
with either paragraph (a)(1) or (a)(2) of this section and shall comply 
with paragraph (a)(3) of this section if applicable.
    (1) Route the air-perchloroethylene gas-vapor stream contained 
within

[[Page 462]]

each dry cleaning machine through a refrigerated condenser or an 
equivalent control device.
    (2) Route the air-perchloroethylene gas-vapor stream contained 
within each dry cleaning machine through a carbon adsorber installed on 
the dry cleaning machine prior to September 22, 1993.
    (3) Contain the dry cleaning machine inside a room enclosure if the 
dry cleaning machine is a transfer machine system located at a major 
source. Each room enclosure shall be:
    (i) Constructed of materials impermeable to perchloroethylene; and
    (ii) Designed and operated to maintain a negative pressure at each 
opening at all times that the machine is operating.
    (b) The owner or operator of each new dry-to-dry machine and its 
ancillary equipment and of each new transfer machine system and its 
ancillary equipment installed after September 22, 1993:
    (1) Shall route the air-perchloroethylene gas-vapor stream contained 
within each dry cleaning machine through a refrigerated condenser or an 
equivalent control device;
    (2) Shall eliminate any emission of perchloroethylene during the 
transfer of articles between the washer and dryer(s); and
    (3) Shall pass the air-perchloroethylene gas-vapor stream from 
inside the dry cleaning machine drum through a carbon adsorber or 
equivalent control device immediately before or as the door of the dry 
cleaning machine is opened if the dry cleaning machine is located at a 
major source.
    (c) The owner or operator shall close the door of each dry cleaning 
machine immediately after transferring articles to or from the machine, 
and shall keep the door closed at all other times.
    (d) The owner or operator of each dry cleaning system shall operate 
and maintain the system according to the manufacturers' specifications 
and recommendations.
    (e) Each refrigerated condenser used for the purposes of complying 
with paragraph (a) or (b) of this section and installed on a dry-to-dry 
machine, dryer, or reclaimer:
    (1) Shall be operated to not vent or release the air-
perchloroethylene gas-vapor stream contained within the dry cleaning 
machine to the atmosphere while the dry cleaning machine drum is 
rotating;
    (2) Shall be monitored according to Sec. 63.323(a)(1); and
    (3) Shall prevent air drawn into the dry cleaning machine when the 
door of the machine is open from passing through the refrigerated 
condenser.
    (f) Each refrigerated condenser used for the purpose of complying 
with paragraph (a) of this section and installed on a washer:
    (1) Shall be operated to not vent the air-perchloroethylene gas-
vapor contained within the washer to the atmosphere until the washer 
door is opened;
    (2) Shall be monitored according to Sec. 63.323(a)(2); and
    (3) Shall not use the same refrigerated condenser coil for the 
washer that is used by a dry-to-dry machine, dryer, or reclaimer.
    (g) Each carbon adsorber used for the purposes of complying with 
paragraph (a) or (b) of this section:
    (1) Shall not be bypassed to vent or release any air-
perchloroethylene gas-vapor stream to the atmosphere at any time; and
    (2) Shall be monitored according to the applicable requirements in 
Sec. 63.323 (b) or (c).
    (h) Each room enclosure used for the purposes of complying with 
paragraph (a)(3) of this section:
    (1) Shall be operated to vent all air from the room enclosure 
through a carbon adsorber or an equivalent control device; and
    (2) Shall be equipped with a carbon adsorber that is not the same 
carbon adsorber used to comply with paragraph (a)(2) or (b)(3) of this 
section.
    (i) The owner or operator of an affected facility shall drain all 
cartridge filters in their housing, or other sealed container, for a 
minimum of 24 hours, or shall treat such filters in an equivalent 
manner, before removal from the dry cleaning facility.
    (j) The owner or operator of an affected facility shall store all 
PCE and wastes that contain PCE in solvent tanks or solvent containers 
with no perceptible leaks. The exception to this

[[Page 463]]

requirement is that containers for separator water may be uncovered, as 
necessary, for proper operation of the machine and still.
    (k) The owner or operator of a dry cleaning system shall inspect the 
system weekly for perceptible leaks while the dry cleaning system is 
operating. Inspection with a halogenated hydrocarbon detector or PCE gas 
analyzer also fulfills the requirement for inspection for perceptible 
leaks. The following components shall be inspected:
    (1) Hose and pipe connections, fittings, couplings, and valves;
    (2) Door gaskets and seatings;
    (3) Filter gaskets and seatings;
    (4) Pumps;
    (5) Solvent tanks and containers;
    (6) Water separators;
    (7) Muck cookers;
    (8) Stills;
    (9) Exhaust dampers;
    (10) Diverter valves; and
    (11) All Filter housings.
    (l) The owner or operator of a dry cleaning facility with a total 
facility consumption below the applicable consumption levels of Sec. 
63.320(d) or (e) shall inspect the components listed in paragraph (k) of 
this section biweekly for perceptible leaks while the dry cleaning 
system is operating.
    (m) The owner or operator of a dry cleaning system shall repair all 
leaks detected under paragraph (k) or (o)(1) of this section within 24 
hours. If repair parts must be ordered, either a written or verbal order 
for those parts shall be initiated within 2 working days of detecting 
such a leak. Such repair parts shall be installed within 5 working days 
after receipt.
    (n) If parameter values monitored under paragraphs (e), (f), or (g) 
of this section do not meet the values specified in Sec. 63.323(a), 
(b), or (c), adjustments or repairs shall be made to the dry cleaning 
system or control device to meet those values. If repair parts must be 
ordered, either a written or verbal order for such parts shall be 
initiated within 2 working days of detecting such a parameter value. 
Such repair parts shall be installed within 5 working days after 
receipt.
    (o) Additional requirements:
    (1) The owner or operator of a dry cleaning system shall inspect the 
components listed in paragraph (k) of this section for vapor leaks 
monthly while the component is in operation.
    (i) Area sources shall conduct the inspections using a halogenated 
hydrocarbon detector or PCE gas analyzer that is operated according to 
the manufacturer's instructions. The operator shall place the probe 
inlet at the surface of each component interface where leakage could 
occur and move it slowly along the interface periphery.
    (ii) Major sources shall conduct the inspections using a PCE gas 
analyzer operated according to EPA Method 21.
    (iii) Any inspection conducted according to this paragraph shall 
satisfy the requirements to conduct an inspection for perceptible leaks 
under Sec. 63.322(k) or (l) of this subpart.
    (2) The owner or operator of each dry cleaning system installed 
after December 21, 2005, at an area source shall route the air-PCE gas-
vapor stream contained within each dry cleaning machine through a 
refrigerated condenser and pass the air-PCE gas-vapor stream from inside 
the dry cleaning machine drum through a non-vented carbon adsorber or 
equivalent control device immediately before the door of the dry 
cleaning machine is opened. The carbon adsorber must be desorbed in 
accordance with manufacturer's instructions.
    (3) The owner or operator of any dry cleaning system shall eliminate 
any emission of PCE during the transfer of articles between the washer 
and the dryer(s) or reclaimer(s).
    (4) The owner or operator shall eliminate any emission of PCE from 
any dry cleaning system that is installed (including relocation of a 
used machine) after December 21, 2005, and that is located in a building 
with a residence.
    (5)(i) After December 21, 2020, the owner or operator shall 
eliminate any emission of PCE from any dry cleaning system that is 
located in a building with a residence.
    (ii) Sources demonstrating compliance under Section 63.320(b)(2)(ii) 
shall comply with paragraph (o)(5)(ii)(A) through (C), in addition to 
the other applicable requirements of this section:
    (A) Operate the dry cleaning system inside a vapor barrier 
enclosure. The exhaust system for the enclosure shall

[[Page 464]]

be operated at all times that the dry cleaning system is in operation 
and during maintenance. The entry door to the enclosure may be open only 
when a person is entering or exiting the enclosure.
    (B) Route the air-perchloroethylene gas-vapor stream contained 
within each dry cleaning machine through a refrigerated condenser and 
pass the air-perchloroethylene gas-vapor stream from inside the dry 
cleaning drum through a carbon adsorber or equivalent control device 
immediately before the door of the dry cleaning machine is opened. The 
carbon adsorber must be desorbed in accordance with manufacturer's 
instructions.
    (C) Inspect the machine components listed in paragraph (k) of this 
section for vapor leaks weekly while the component is in operation. 
These inspections shall be conducted using a halogenated hydrocarbon 
detector or PCE gas analyzer that is operated according to the 
manufacturer's instructions. The operator shall place the probe inlet at 
the surface of each component interface where leakage could occur and 
move it slowly along the interface periphery.

[58 FR 49376, Sept. 22, 1993, as amended at 61 FR 49265, Sept. 19, 1996; 
71 FR 42744, July 27, 2006]



Sec. 63.323  Test methods and monitoring.

    (a) When a refrigerated condenser is used to comply with Sec. 
63.322(a)(1) or (b)(1):
    (1) The owner or operator shall monitor on a weekly basis the 
parameters in either paragraph (a)(1)(i) or (ii) of this section.
    (i) The refrigeration system high pressure and low pressure during 
the drying phase to determine if they are in the range specified in the 
manufacturer's operating instructions.
    (ii) The temperature of the air-perchloroethylene gas-vapor stream 
on the outlet side of the refrigerated condenser on a dry-to-dry 
machine, dryer, or reclaimer with a temperature sensor to determine if 
it is equal to or less than 7.2 [deg]C (45 [deg]F) before the end of the 
cool-down or drying cycle while the gas-vapor stream is flowing through 
the condenser. The temperature sensor shall be used according to the 
manufacturer's instructions and shall be designed to measure a 
temperature of 7.2 [deg]C (45 [deg]F) to an accuracy of 1.1 [deg]C (2 [deg]F).
    (2) The owner or operator shall calculate the difference between the 
temperature of the air-perchloroethylene gas-vapor stream entering the 
refrigerated condenser on a washer and the temperature of the air-
perchloroethylene gas-vapor stream exiting the refrigerated condenser on 
the washer weekly to determine that the difference is greater than or 
equal to 11.1 [deg]C (20 [deg]F).
    (i) Measurements of the inlet and outlet streams shall be made with 
a temperature sensor. Each temperature sensor shall be used according to 
the manufacturer's instructions, and designed to measure at least a 
temperature range from 0 [deg]C (32 [deg]F) to 48.9 [deg]C (120 [deg]F) 
to an accuracy of 1.1 [deg]C (2 [deg]F).
    (ii) The difference between the inlet and outlet temperatures shall 
be calculated weekly from the measured values.
    (b) When a carbon adsorber is used to comply with Sec. 63.322(a)(2) 
or exhaust is passed through a carbon adsorber immediately upon machine 
door opening to comply with Sec. 63.322(b)(3), the owner or operator 
shall measure the concentration of PCE in the exhaust of the carbon 
adsorber weekly with a colorimetric detector tube or PCE gas analyzer. 
The measurement shall be taken while the dry cleaning machine is venting 
to that carbon adsorber at the end of the last dry cleaning cycle prior 
to desorption of that carbon adsorber or removal of the activated carbon 
to determine that the PCE concentration in the exhaust is equal to or 
less than 100 parts per million by volume. The owner or operator shall:
    (1) Use a colorimetric detector tube or PCE gas analyzer designed to 
measure a concentration of 100 parts per million by volume of PCE in air 
to an accuracy of 25 parts per million by volume; 
and
    (2) Use the colorimetric detector tube or PCE gas analyzer according 
to the manufacturer's instructions; and
    (3) Provide a sampling port for monitoring within the exhaust outlet 
of the carbon adsorber that is easily accessible and located at least 8 
stack or

[[Page 465]]

duct diameters downstream from any flow disturbance such as a bend, 
expansion, contraction, or outlet; downstream from no other inlet; and 2 
stack or duct diameters upstream from any flow disturbance such as a 
bend, expansion, contraction, inlet, or outlet.
    (c) If the air-PCE gas vapor stream is passed through a carbon 
adsorber prior to machine door opening to comply with Sec. 
63.322(b)(3), the owner or operator of an affected facility shall 
measure the concentration of PCE in the dry cleaning machine drum at the 
end of the dry cleaning cycle weekly with a colorimetric detector tube 
or PCE gas analyzer to determine that the PCE concentration is equal to 
or less than 300 parts per million by volume. The owner or operator 
shall:
    (1) Use a colorimetric detector tube or PCE gas analyzer designed to 
measure a concentration of 300 parts per million by volume of PCE in air 
to an accuracy of 75 parts per million by volume; 
and
    (2) Use the colorimetric detector tube or PCE gas analyzer according 
to the manufacturer's instructions; and
    (3) Conduct the weekly monitoring by inserting the colorimetric 
detector or PCE gas analyzer tube into the open space above the articles 
at the rear of the dry cleaning machine drum immediately upon opening 
the dry cleaning machine door.
    (d) When calculating yearly perchloroethylene consumption for the 
purpose of demonstrating applicability according to Sec. 63.320, the 
owner or operator shall perform the following calculation on the first 
day of every month:
    (1) Sum the volume of all perchloroethylene purchases made in each 
of the previous 12 months, as recorded in the log described in Sec. 
63.324(d)(1).
    (2) If no perchloroethylene purchases were made in a given month, 
then the perchloroethylene consumption for that month is zero gallons.
    (3) The total sum calculated in paragraph (d) of this section is the 
yearly perchloroethylene consumption at the facility.

[58 FR 49376, Sept. 22, 1993, as amended at 71 FR 42745, July 27, 2006; 
71 FR 55280, Sept. 21, 2006; 73 FR 39874, July 11, 2008]



Sec. 63.324  Reporting and recordkeeping requirements.

    (a) Each owner or operator of a dry cleaning facility shall notify 
the Administrator or delegated State authority in writing within 270 
calendar days after September 23, 1993 (i.e., June 18, 1994) and provide 
the following information:
    (1) The name and address of the owner or operator;
    (2) The address (that is, physical location) of the dry cleaning 
facility;
    (3) A brief description of the type of each dry cleaning machine at 
the dry cleaning facility;
    (4) Documentation as described in Sec. 63.323(d) of the yearly 
perchloroethylene consumption at the dry cleaning facility for the 
previous year to demonstrate applicability according to Sec. 63.320; or 
an estimation of perchloroethylene consumption for the previous year to 
estimate applicability with Sec. 63.320; and
    (5) A description of the type of control device(s) that will be used 
to achieve compliance with Sec. 63.322 (a) or (b) and whether the 
control device(s) is currently in use or will be purchased.
    (6) Documentation to demonstrate to the Administrator's satisfaction 
that each room enclosure used to meet the requirements of Sec. 
63.322(a)(3) meets the requirements of Sec. 63.322(a)(3) (i) and (ii).
    (b) Each owner or operator of a dry cleaning facility shall submit 
to the Administrator or delegated State authority by registered mail on 
or before the 30th day following the compliance dates specified in Sec. 
63.320 (b) or (c) or June 18, 1994, whichever is later, a notification 
of compliance status providing the following information and signed by a 
responsible official who shall certify its accuracy:
    (1) The yearly perchloroethylene solvent consumption limit based 
upon the yearly solvent consumption calculated according to Sec. 
63.323(d);
    (2) Whether or not they are in compliance with each applicable 
requirement of Sec. 63.322; and
    (3) All information contained in the statement is accurate and true.
    (c) Each owner or operator of an area source dry cleaning facility 
that exceeds the solvent consumption limit

[[Page 466]]

reported in paragraph (b) of this section shall submit to the 
Administrator or a delegated State authority by registered mail on or 
before the dates specified in Sec. 63.320 (f) or (i), a notification of 
compliance status providing the following information and signed by a 
responsible official who shall certify its accuracy:
    (1) The new yearly perchloroethylene solvent consumption limit based 
upon the yearly solvent consumption calculated according to Sec. 
63.323(d);
    (2) Whether or not they are in compliance with each applicable 
requirement of Sec. 63.322; and
    (3) All information contained in the statement is accurate and true.
    (d) Each owner or operator of a dry cleaning facility shall keep 
receipts of perchloroethylene purchases and a log of the following 
information and maintain such information on site and show it upon 
request for a period of 5 years:
    (1) The volume of perchloroethylene purchased each month by the dry 
cleaning facility as recorded from perchloroethylene purchases; if no 
perchloroethylene is purchased during a given month then the owner or 
operator would enter zero gallons into the log;
    (2) The calculation and result of the yearly perchloroethylene 
consumption determined on the first day of each month as specified in 
Sec. 63.323(d);
    (3) The dates when the dry cleaning system components are inspected 
for leaks, as specified in Sec. 63.322(k), (l), or (o)(1), and the name 
or location of dry cleaning system components where leaks are detected;
    (4) The dates of repair and records of written or verbal orders for 
repair parts to demonstrate compliance with Sec. 63.322(m) and (n);
    (5) The date and monitoring results (temperature sensor or pressure 
gauge) as specified in Sec. 63.323 if a refrigerated condenser is used 
to comply with Sec. 63.322(a), (b), or (o); and
    (6) The date and monitoring results, as specified in Sec. 63.323, 
if a carbon adsorber is used to comply with Sec. 63.322(a)(2), or 
(b)(3).
    (e) Each owner or operator of a dry cleaning facility shall retain 
onsite a copy of the design specifications and the operating manuals for 
each dry cleaning system and each emission control device located at the 
dry cleaning facility.
    (f) Each owner or operator of a dry cleaning facility shall submit 
to the Administrator or delegated State authority by registered mail on 
or before July 28, 2008 a notification of compliance status providing 
the following information and signed by a responsible official who shall 
certify its accuracy:
    (1) The name and address of the owner or operator;
    (2) The address (that is, physical location) of the dry cleaning 
facility;
    (3) If they are located in a building with a residence(s), even if 
the residence is vacant at the time of this notification;
    (4) If they are located in a building with no other tenants, leased 
space, or owner occupants;
    (5) Whether they are a major or area source;
    (6) The yearly PCE solvent consumption based upon the yearly solvent 
consumption calculated according to Sec. 63.323(d);
    (7) Whether or not they are in compliance with each applicable 
requirement of Sec. 63.322; and
    (8) All information contained in the statement is accurate and true.

[58 FR 49376, Sept. 22, 1993, as amended at 58 FR 66289, Dec. 20, 1993; 
71 FR 42745, July 27, 2006; 73 FR 39875, July 11, 2008]



Sec. 63.325  Determination of equivalent emission control technology.

    (a) Any person requesting that the use of certain equipment or 
procedures be considered equivalent to the requirements under Sec. 
63.322 shall collect, verify, and submit to the Administrator the 
following information to show that the alternative achieves equivalent 
emission reductions:
    (1) Diagrams, as appropriate, illustrating the emission control 
technology, its operation and integration into or function with dry-to-
dry machine(s) or transfer machine system(s) and their ancillary 
equipment during each portion of the normal dry cleaning cycle;
    (2) Information quantifying vented perchloroethylene emissions from 
the dry-to-dry machine(s) or transfer machine system(s) during each 
portion of

[[Page 467]]

the dry cleaning cycle with and without the use of the candidate 
emission control technology;
    (3) Information on solvent mileage achieved with and without the 
candidate emission control technology. Solvent mileage is the average 
weight of articles cleaned per volume of perchloroethylene used. Solvent 
mileage data must be of continuous duration for at least 1 year under 
the conditions of a typical dry cleaning operation. This information on 
solvent mileage must be accompanied by information on the design, 
configuration, operation, and maintenance of the specific dry cleaning 
system from which the solvent mileage information was obtained;
    (4) Identification of maintenance requirements and parameters to 
monitor to ensure proper operation and maintenance of the candidate 
emission control technology;
    (5) Explanation of why this information is considered accurate and 
representative of both the short-term and the long-term performance of 
the candidate emission control technology on the specific dry cleaning 
system examined;
    (6) Explanation of why this information can or cannot be 
extrapolated to dry cleaning systems other than the specific system(s) 
examined; and
    (7) Information on the cross-media impacts (to water and solid 
waste) of the candidate emission control technology and demonstration 
that the cross-media impacts are less than or equal to the cross-media 
impacts of a refrigerated condenser.
    (b) For the purpose of determining equivalency to control equipment 
required under Sec. 63.322, the Administrator will evaluate the 
petition to determine whether equivalent control of perchloroethylene 
emissions has been adequately demonstrated.
    (c) Where the Administrator determines that certain equipment and 
procedures may be equivalent, the Administrator will publish a notice in 
the Federal Register proposing to consider this equipment or these 
procedures as equivalent. After notice and opportunity for public 
hearing, the Administrator will publish the final determination of 
equivalency in the Federal Register.



Sec. 63.326  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.320 and 63.322(a) through (j). Follow the requirements in Sec. 
63.325 to demonstrate that alternative equipment or procedures are 
equivalent to the requirements of Sec. 63.322.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37347, June 23, 2003]

[[Page 468]]



 Subpart N_National Emission Standards for Chromium Emissions From Hard 

   and Decorative Chromium Electroplating and Chromium Anodizing Tanks

    Source: 60 FR 4963, Jan. 25, 1995, unless otherwise noted.



Sec. 63.340  Applicability and designation of sources.

    (a) The affected source to which the provisions of this subpart 
apply is each chromium electroplating or chromium anodizing tank at 
facilities performing hard chromium electroplating, decorative chromium 
electroplating, or chromium anodizing.
    (b) Owners or operators of affected sources subject to the 
provisions of this subpart must also comply with the requirements of 
subpart A of this part, according to the applicability of subpart A of 
this part to such sources, as identified in Table 1 of this subpart.
    (c) Process tanks associated with a chromium electroplating or 
chromium anodizing process, but in which neither chromium electroplating 
nor chromium anodizing is taking place, are not subject to the 
provisions of this subpart. Examples of such tanks include, but are not 
limited to, rinse tanks, etching tanks, and cleaning tanks. Likewise, 
tanks that contain a chromium solution, but in which no electrolytic 
process occurs, are not subject to this subpart. An example of such a 
tank is a chrome conversion coating tank where no electrical current is 
applied.
    (d) Affected sources in which research and laboratory operations are 
performed are exempt from the provisions of this subpart when such 
operations are taking place.
    (e) If you are an owner or operator of an area source subject to 
this subpart, you are exempt from 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 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 applicable to area sources.

[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 64 
FR 69643, Dec. 14, 1999; 70 FR 75345, Dec. 19, 2005]



Sec. 63.341  Definitions and nomenclature.

    (a) Definitions. Terms used in this subpart are defined in the Act, 
in subpart A of this part, or in this section. For the purposes of 
subpart N of this part, if the same term is defined in subpart A of this 
part and in this section, it shall have the meaning given in this 
section.
    Add-on air pollution control device means equipment installed in the 
ventilation system of chromium electroplating and anodizing tanks for 
the purposes of collecting and containing chromium emissions from the 
tank(s).
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or a defense put forward by a defendant, 
regarding which the defendant has the burden of proof, and the merits of 
which are independently and objectively evaluated in a judicial or 
administrative proceeding.
    Air pollution control technique means any method, such as an add-on 
air pollution control device or a chemical fume suppressant, that is 
used to reduce chromium emissions from chromium electroplating and 
chromium anodizing tanks.
    Base metal means the metal or metal alloy that comprises the 
workpiece.
    Bath component means the trade or brand name of each component(s) in 
trivalent chromium plating baths. For trivalent chromium baths, the bath 
composition is proprietary in most cases. Therefore, the trade or brand 
name for each component(s) can be used; however, the chemical name of 
the wetting agent contained in that component must be identified.
    Chemical fume suppressant means any chemical agent that reduces or 
suppresses fumes or mists at the surface of an electroplating or 
anodizing bath; another term for fume suppressant is mist suppressant.
    Chromic acid means the common name for chromium anhydride 
(CrO3).
    Chromium anodizing means the electrolytic process by which an oxide 
layer is produced on the surface of a

[[Page 469]]

base metal for functional purposes (e.g., corrosion resistance or 
electrical insulation) using a chromic acid solution. In chromium 
anodizing, the part to be anodized acts as the anode in the electrical 
circuit, and the chromic acid solution, with a concentration typically 
ranging from 50 to 100 grams per liter (g/L), serves as the electrolyte.
    Chromium anodizing tank means the receptacle or container along with 
the following accompanying internal and external components needed for 
chromium anodizing: rectifiers fitted with controls to allow for voltage 
adjustments, heat exchanger equipment, circulation pumps, and air 
agitation systems.
    Chromium electroplating tank means the receptacle or container along 
with the following internal and external components needed for chromium 
electroplating: Rectifiers, anodes, heat exchanger equipment, 
circulation pumps, and air agitation systems.
    Composite mesh-pad system means an add-on air pollution control 
device typically consisting of several mesh-pad stages. The purpose of 
the first stage is to remove large particles. Smaller particles are 
removed in the second stage, which consists of the composite mesh pad. A 
final stage may remove any reentrained particles not collected by the 
composite mesh pad.
    Contains hexavalent chromium means, the substance consists of, or 
contains 0.1 percent or greater by weight, chromium trioxide, chromium 
(VI) oxide, chromic acid, or chromic anhydride.
    Decorative chromium electroplating means the process by which a thin 
layer of chromium (typically 0.003 to 2.5 microns) is electrodeposited 
on a base metal, plastic, or undercoating to provide a bright surface 
with wear and tarnish resistance. In this process, the part(s) serves as 
the cathode in the electrolytic cell and the solution serves as the 
electrolyte. Typical current density applied during this process ranges 
from 540 to 2,400 Amperes per square meter (A/m\2\) for total plating 
times ranging between 0.5 to 5 minutes.
    Electroplating or anodizing bath means the electrolytic solution 
used as the conducting medium in which the flow of current is 
accompanied by movement of metal ions for the purposes of electroplating 
metal out of the solution onto a workpiece or for oxidizing the base 
material.
    Emission limitation means, for the purposes of this subpart, the 
concentration of total chromium allowed to be emitted expressed in 
milligrams per dry standard cubic meter (mg/dscm), or the allowable 
surface tension expressed in dynes per centimeter (dynes/cm).
    Enclosed hard chromium electroplating tank means a chromium 
electroplating tank that is equipped with an enclosing hood and 
ventilated at half the rate or less that of an open surface tank of the 
same surface area.
    Existing affected source means an affected hard chromium 
electroplating tank, decorative chromium electroplating tank, or 
chromium anodizing tank, the construction or reconstruction of which 
commenced on or before February 8, 2012.
    Facility means the major or area source at which chromium 
electroplating or chromium anodizing is performed.
    Fiber-bed mist eliminator means an add-on air pollution control 
device that removes contaminants from a gas stream through the 
mechanisms of inertial impaction and Brownian diffusion. These devices 
are typically installed downstream of another control device, which 
serves to prevent plugging, and consist of one or more fiber beds. Each 
bed consists of a hollow cylinder formed from two concentric screens; 
the fiber between the screens may be fabricated from glass, ceramic 
plastic, or metal.
    Foam blanket means the type of chemical fume suppressant that 
generates a layer of foam across the surface of a solution when current 
is applied to that solution.
    Fresh water means water, such as tap water, that has not been 
previously used in a process operation or, if the water has been 
recycled from a process operation, it has been treated and meets the 
effluent guidelines for chromium wastewater.
    Hard chromium electroplating or industrial chromium electroplating 
means a process by which a thick layer of chromium (typically 1.3 to 760 
microns) is electrodeposited on a base material to

[[Page 470]]

provide a surface with functional properties such as wear resistance, a 
low coefficient of friction, hardness, and corrosion resistance. In this 
process, the part serves as the cathode in the electrolytic cell and the 
solution serves as the electrolyte. Hard chromium electroplating process 
is performed at current densities typically ranging from 1,600 to 6,500 
A/m\2\ for total plating times ranging from 20 minutes to 36 hours 
depending upon the desired plate thickness.
    Hexavalent chromium means the form of chromium in a valence state of 
+6.
    Large, hard chromium electroplating facility means a facility that 
performs hard chromium electroplating and has a maximum cumulative 
potential rectifier capacity greater than or equal to 60 million ampere-
hours per year (amp-hr/yr).
    Maximum cumulative potential rectifier capacity means the summation 
of the total installed rectifier capacity associated with the hard 
chromium electroplating tanks at a facility, expressed in amperes, 
multiplied by the maximum potential operating schedule of 8,400 hours 
per year and 0.7, which assumes that electrodes are energized 70 percent 
of the total operating time. The maximum potential operating schedule is 
based on operating 24 hours per day, 7 days per week, 50 weeks per year.
    New affected source means an affected hard chromium electroplating 
tank, decorative chromium electroplating tank, or chromium anodizing 
tank, the construction or reconstruction of which commenced after 
February 8, 2012.
    Open surface hard chromium electroplating tank means a chromium 
electroplating tank that is ventilated at a rate consistent with good 
ventilation practices for open tanks.
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter which, if achieved 
by itself or in combination with one or more other operating parameter 
values, determines that an owner or operator is in continual compliance 
with the applicable emission limitation or standard.
    Packed-bed scrubber means an add-on air pollution control device 
consisting of a single or double packed bed that contains packing media 
on which the chromic acid droplets impinge. The packed-bed section of 
the scrubber is followed by a mist eliminator to remove any water 
entrained from the packed-bed section.
    Perfluorooctane sulfonic acid (PFOS)-based fume suppressant means a 
fume suppressant that contains 1 percent or greater PFOS by weight.
    Research or laboratory operation means an operation whose primary 
purpose is for research and development of new processes and products, 
that is conducted under the close supervision of technically trained 
personnel, and that is not involved in the manufacture of products for 
commercial sale in commerce, except in a de minimis manner.
    Small, hard chromium electroplating facility means a facility that 
performs hard chromium electroplating and has a maximum cumulative 
potential rectifier capacity less than 60 million amp-hr/yr.
    Stalagmometer means an instrument used to measure the surface 
tension of a solution by determining the mass of a drop of liquid by 
weighing a known number of drops or by counting the number of drops 
obtained from a given volume of liquid.
    Surface tension means the property, due to molecular forces, that 
exists in the surface film of all liquids and tends to prevent liquid 
from spreading.
    Tank operation means the time in which current and/or voltage is 
being applied to a chromium electroplating tank or a chromium anodizing 
tank.
    Tensiometer means an instrument used to measure the surface tension 
of a solution by determining the amount of force needed to pull a ring 
from the liquid surface. The amount of force is proportional to the 
surface tension.
    Trivalent chromium means the form of chromium in a valence state of 
+3.
    Trivalent chromium process means the process used for 
electrodeposition of a thin layer of chromium onto a base material using 
a trivalent chromium solution instead of a chromic acid solution.
    Wetting agent means the type of commercially available chemical fume 
suppressant that materially reduces the surface tension of a liquid.

[[Page 471]]

    (b) Nomenclature. The nomenclature used in this subpart has the 
following meaning:
    (1) AMR=the allowable mass emission rate from each type of affected 
source subject to the same emission limitation in milligrams per hour 
(mg/hr).
    (2) AMRsys=the allowable mass emission rate from affected 
sources controlled by an add-on air pollution control device controlling 
emissions from multiple sources in mg/hr.
    (3) EL=the applicable emission limitation from Sec. 63.342 in 
milligrams per dry standard cubic meter (mg/dscm).
    (4) IAtotal=the sum of all inlet duct areas from both 
affected and nonaffected sources in meters squared.
    (5) IDAi=the total inlet area for all ducts associated 
with affected sources in meters squared.
    (6) IDAi,a=the total inlet duct area for all ducts 
conveying chromic acid from each type of affected source performing the 
same operation, or each type of affected source subject to the same 
emission limitation in meters squared.
    (7) VR=the total of ventilation rates for each type of affected 
source subject to the same emission limitation in dry standard cubic 
meters per minute (dscm/min).
    (8) VRinlet=the total ventilation rate from all inlet 
ducts associated with affected sources in dscm/min.
    (9) VRinlet,a=the total ventilation rate from all inlet 
ducts conveying chromic acid from each type of affected source 
performing the same operation, or each type of affected source subject 
to the same emission limitation in dscm/min.
    (10) VRtot = the average total ventilation rate for the 
three test runs as determined at the outlet by means of the Method 306 
or 306A testing specified in appendix A of this part in dscm/min.

[60 FR 4963, Jan. 25, 1995, as amended at 69 FR 42894, July 19, 2004; 77 
FR 58242, Sept. 19, 2012]



Sec. 63.342  Standards.

    (a)(1) At all times, each owner or operator must operate and 
maintain any affected source subject to the requirements of this 
subpart, including associated air pollution control equipment and 
monitoring equipment, in a manner consistent with safety and good air 
pollution control practices for minimizing emissions. The general duty 
to minimize emissions does not require the owner or operator to make any 
further efforts to reduce emissions if levels required by this standard 
have been achieved. Determination of whether such operation and 
maintenance procedures are being used will be based on information 
available to the Administrator which may include, but is not limited to, 
monitoring results, review of operation and maintenance procedures, 
review of operation and maintenance records, and inspection of the 
source.
    (2) Each owner or operator of an affected source subject to the 
provisions of this subpart shall comply with these requirements in this 
section on and after the compliance dates specified in Sec. 63.343(a). 
All affected sources are regulated by applying maximum achievable 
control technology.
    (b) Applicability of emission limitations.
    (1) The emission limitations in this section apply during tank 
operation as defined in Sec. 63.341, and during periods of startup and 
shutdown as these are routine occurrences for affected sources subject 
to this subpart. In response to an action to enforce the standards set 
forth in this subpart, the owner or operator may assert a defense to a 
claim for civil penalties for violations of such standards that are 
caused by a malfunction, as defined in 40 CFR 63.2. Appropriate 
penalties may be assessed, however, if the owner or operator fails to 
meet the burden of proving all the requirements in the affirmative 
defense. The affirmative defense shall not be available for claims for 
injunctive relief.
    (i) To establish the affirmative defense in any action to enforce 
such a standard, the owner or operator must timely meet the reporting 
requirements of paragraph (b)(1)(ii) of this section, and must prove by 
a preponderance of evidence that:
    (A) The violation was caused by a sudden, infrequent, and 
unavoidable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal and usual manner; and 
could not have been prevented through careful planning, proper design or 
better operation and maintenance practices; and did not stem from any

[[Page 472]]

activity or event that could have been foreseen and avoided, or planned 
for; and was not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (B) Repairs were made as expeditiously as possible when exceeded 
violation occurred. Off-shift and overtime labor were used, to the 
extent practicable to make these repairs; and
    (C) The frequency, amount and duration of the violation (including 
any bypass) were minimized to the maximum extent practicable; and
    (D) If the violation resulted from a bypass of control equipment or 
a process, then the bypass was unavoidable to prevent loss of life, 
personal injury, or severe property damage; and
    (E) All possible steps were taken to minimize the impact of the 
violation on ambient air quality, the environment, and human health; and
    (F) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (G) All of the actions in response to the violation were documented 
by properly signed, contemporaneous operating logs; and
    (H) At all times, the affected sources were operated in a manner 
consistent with good practices for minimizing emissions; and
    (I) A written root cause analysis was prepared, the purpose of which 
is to determine, correct, and eliminate the primary causes of the 
malfunction and the excess emissions resulting from the malfunction 
event at issue. The analysis shall also specify, using the best 
monitoring methods and engineering judgment, the amount of excess 
emissions that were the result of the malfunction.
    (ii) Report. The owner or operator seeking to assert an affirmative 
defense shall submit a written report to the Administrator with all 
necessary supporting documentation, that it has met the requirements set 
forth in paragraph (i) of this section. This affirmative defense report 
shall be included in the first periodic compliance, deviation report or 
excess emission report otherwise required after the initial occurrence 
of the violation of the relevant standard (which may be the end of any 
applicable averaging period). If such compliance, deviation report or 
excess emission report is due less than 45 days after the initial 
occurrence of the violation, the affirmation defense report may be 
included in the second compliance, deviation report or excess emission 
report due after the initial occurrence of the violation of the relevant 
standard.
    (2) If an owner or operator is controlling a group of tanks with a 
common add-on air pollution control device, the emission limitations of 
paragraphs (c), (d), and (e) of this section apply whenever any one 
affected source is operated. The emission limitation that applies to the 
group of affected sources is:
    (i) The emission limitation identified in paragraphs (c), (d), and 
(e) of this section if the affected sources are performing the same type 
of operation (e.g., hard chromium electroplating), are subject to the 
same emission limitation, and are not controlled by an add-on air 
pollution control device also controlling nonaffected sources;
    (ii) The emission limitation calculated according to Sec. 
63.344(e)(3) if affected sources are performing the same type of 
operation, are subject to the same emission limitation, and are 
controlled with an add-on air pollution control device that is also 
controlling nonaffected sources; and
    (iii) The emission limitation calculated according to Sec. 
63.344(e)(4) if affected sources are performing different types of 
operations, or affected sources are performing the same operations but 
subject to different emission limitations, and are controlled with an 
add-on air pollution control device that may also be controlling 
emissions from nonaffected sources.
    (c)(1) Standards for open surface hard chromium electroplating 
tanks. During tank operation, each owner or operator of an existing, 
new, or reconstructed affected source shall control chromium emissions 
discharged to the atmosphere from that affected source by either:
    (i) Not allowing the concentration of total chromium in the exhaust 
gas stream discharged to the atmosphere to exceed 0.011 milligrams of 
total chromium per dry standard cubic

[[Page 473]]

meter (mg/dscm) of ventilation air (4.8 x 10-6 grains per dry 
standard cubic foot (gr/dscf)) for all open surface hard chromium 
electroplating tanks that are existing affected sources and are located 
at large hard chromium electroplating facilities; or
    (ii) Not allowing the concentration of total chromium in the exhaust 
gas stream discharged to the atmosphere to exceed 0.015 mg/dscm (6.6 x 
10-6 gr/dscf) for all open surface hard chromium 
electroplating tanks that are existing affected sources and are located 
at small, hard chromium electroplating facilities; or
    (iii) If a chemical fume suppressant containing a wetting agent is 
used, not allowing the surface tension of the electroplating or 
anodizing bath contained within the affected tank to exceed 40 dynes per 
centimeter (dynes/cm) (2.8 x 10-3 pound-force per foot (lbf/
ft)), as measured by a stalagmometer, or 33 dynes/cm (2.3 x 
10-3 lbf/ft), as measured by a tensiometer at any time during 
tank operation; or
    (iv) Not allowing the concentration of total chromium in the exhaust 
gas stream discharged to the atmosphere to exceed 0.006 mg/dscm of 
ventilation air (2.6 x 10-6 gr/dscf) for all open surface 
hard chromium electroplating tanks that are new affected sources; or
    (v) After September 21, 2015, the owner or operator of an affected 
open surface hard chromium electroplating tank shall not add PFOS-based 
fume suppressants to any affected open surface hard chromium 
electroplating tank.
    (2) Standards for enclosed hard chromium electroplating tanks. 
During tank operation, each owner or operator of an existing, new, or 
reconstructed affected source shall control chromium emissions 
discharged to the atmosphere from that affected source by either:
    (i) Not allowing the concentration of total chromium in the exhaust 
gas stream discharged to the atmosphere to exceed 0.011 mg/dscm of 
ventilation air (4.8 x 10-6 gr/dscf) for all enclosed hard 
chromium electroplating tanks that are existing affected sources and are 
located at large hard chromium electroplating facilities; or
    (ii) Not allowing the concentration of total chromium in the exhaust 
gas stream discharged to the atmosphere to exceed 0.015 mg/dscm (6.6 x 
10-6 gr/dscf) for all enclosed hard chromium electroplating 
tanks that are existing affected sources and are located at small, hard 
chromium electroplating facilities; or
    (iii) If a chemical fume suppressant containing a wetting agent is 
used, not allowing the surface tension of the electroplating or 
anodizing bath contained within the affected tank to exceed 40 dynes/cm 
(2.8 x 10-3 lbf/ft), as measured by a stalagmometer, or 33 
dynes/cm (2.3 x 10-3 lbf/ft), as measured by a tensiometer at 
any time during tank operation; or
    (iv) Not allowing the mass rate of total chromium in the exhaust gas 
stream discharged to the atmosphere to exceed the maximum allowable mass 
emission rate determined by using the calculation procedure in Sec. 
63.344(f)(1)(i) for all enclosed hard chromium electroplating tanks that 
are existing affected sources and are located at large hard chromium 
electroplating facilities; or
    (v) Not allowing the mass rate of total chromium in the exhaust gas 
stream discharged to the atmosphere to exceed the maximum allowable mass 
emission rate determined by using the calculation procedure in Sec. 
63.344(f)(1)(ii) if the enclosed hard chromium electroplating tank is an 
existing affected source and is located at a small, hard chromium 
electroplating facility.
    (vi) Not allowing the concentration of total chromium in the exhaust 
gas stream discharged to the atmosphere to exceed 0.006 mg/dscm of 
ventilation air (2.6 x 10-6 gr/dscf) for all enclosed hard 
chromium electroplating tanks that are new affected sources; or
    (vii) Not allowing the mass rate of total chromium in the exhaust 
gas stream discharged to the atmosphere to exceed the maximum allowable 
mass emission rate determined by using the calculation procedure in 
Sec. 63.344(f)(1)(iii) if the enclosed hard chromium electroplating 
tank is a new affected source.
    (viii) After September 21, 2015, the owner or operator of an 
affected enclosed hard chromium electroplating tank shall not add PFOS-
based fume suppressants to any affected enclosed hard chromium 
electroplating tank.

[[Page 474]]

    (3)(i) An owner or operator may demonstrate the size of a hard 
chromium electroplating facility through the definitions in Sec. 
63.341(a). Alternatively, an owner or operator of a facility with a 
maximum cumulative potential rectifier capacity of 60 million amp-hr/yr 
or more may be considered small if the actual cumulative rectifier 
capacity is less than 60 million amp-hr/yr as demonstrated using the 
following procedures:
    (A) If records show that the facility's previous annual actual 
rectifier capacity was less than 60 million amp-hr/yr, by using 
nonresettable ampere-hr meters and keeping monthly records of actual 
ampere-hr usage for each 12-month rolling period following the 
compliance date in accordance with Sec. 63.346(b)(12). The actual 
cumulative rectifier capacity for the previous 12-month rolling period 
shall be tabulated monthly by adding the capacity for the current month 
to the capacities for the previous 11 months; or
    (B) By accepting a federally-enforceable limit on the maximum 
cumulative potential rectifier capacity of a hard chromium 
electroplating facility and by maintaining monthly records in accordance 
with Sec. 63.346(b)(12) to demonstrate that the limit has not been 
exceeded. The actual cumulative rectifier capacity for the previous 12-
month rolling period shall be tabulated monthly by adding the capacity 
for the current month to the capacities for the previous 11 months.
    (ii) Once the monthly records required to be kept by Sec. 
63.346(b)(12) and by this paragraph (c)(3)(ii) show that the actual 
cumulative rectifier capacity over the previous 12-month rolling period 
corresponds to the large designation, the owner or operator is subject 
to the emission limitation identified in paragraph (c)(1)(i), (iii), 
(c)(2)(i), (iii), or (iv) of this section, in accordance with the 
compliance schedule of Sec. 63.343(a)(5).
    (d) Standards for decorative chromium electroplating tanks using a 
chromic acid bath and chromium anodizing tanks. During tank operation, 
each owner or operator of an existing, new, or reconstructed affected 
source shall control chromium emissions discharged to the atmosphere 
from that affected source by either:
    (1) Not allowing the concentration of total chromium in the exhaust 
gas stream discharged to the atmosphere to exceed 0.007 mg/dscm (3.1 x 
10-6 gr/dscf) for all existing decorative chromium 
electroplating tanks using a chromic acid bath and all existing chromium 
anodizing tanks; or
    (2) Not allowing the concentration of total chromium in the exhaust 
gas stream discharged to the atmosphere to exceed 0.006 mg/dscm 
(2.6x10-6 gr/dscf) for all new or reconstructed decorative 
chromium electroplating tanks using a chromic acid bath and all new or 
reconstructed chromium anodizing tanks; or
    (3) If a chemical fume suppressant containing a wetting agent is 
used, not allowing the surface tension of the electroplating or 
anodizing bath contained within the affected tank to exceed 40 dynes/cm 
(2.8 x 10-3 lbf/ft), as measured by a stalagmometer or 33 
dynes/cm (2.3 x 10-3 lbf/ft), as measured by a tensiometer at 
any time during tank operation, for all existing, new, or reconstructed 
decorative chromium electroplating tanks using a chromic acid bath and 
all existing, new, or reconstructed chromium anodizing tanks; or
    (4) After September 21, 2015, the owner or operator of an affected 
decorative chromium electroplating tank or an affected chromium 
anodizing tank shall not add PFOS-based fume suppressants to any 
affected decorative chromium electroplating tank or chromium anodizing 
tank.
    (e) Standards for decorative chromium electroplating tanks using a 
trivalent chromium bath. (1) Each owner or operator of an existing, new, 
or reconstructed decorative chromium electroplating tank that uses a 
trivalent chromium bath that incorporates a wetting agent as a bath 
ingredient is subject to the recordkeeping and reporting requirements of 
Sec. Sec. 63.346(b)(14) and 63.347(i), but are not subject to the work 
practice requirements of paragraph (f) of this section, or the 
continuous compliance monitoring requirements in Sec. 63.343(c). The 
wetting agent must be an ingredient in the trivalent

[[Page 475]]

chromium bath components purchased as a package.
    (2) After September 21, 2015, the owner or operator of an affected 
decorative chromium electroplating tank using a trivalent chromium bath 
shall not add PFOS-based fume suppressants to any affected decorative 
chromium electroplating tank.
    (3) Each owner or operator of an existing, new, or reconstructed 
decorative chromium electroplating tank that uses a trivalent chromium 
bath that does not incorporate a wetting agent as a bath ingredient is 
subject to the standards of paragraph (d) of this section.
    (4) Each owner or operator of an existing, new, or reconstructed 
decorative chromium electroplating tank that had been using a trivalent 
chromium bath that incorporated a wetting agent and ceases using this 
type of bath must fulfill the reporting requirements of Sec. 
63.347(i)(3) and comply with the applicable emission limitation within 
the timeframe specified in Sec. 63.343(a)(7).
    (f) Operation and maintenance practices. All owners or operators 
subject to the standards in paragraphs (c) and (d) of this section are 
subject to these operation and maintenance practices.
    (1)(i) At all times, including periods of startup, shutdown, and 
malfunction, owners or operators shall operate and maintain any affected 
source, including associated air pollution control devices and 
monitoring equipment, in a manner consistent with good air pollution 
control practices.
    (ii) Malfunctions shall be corrected as soon as practicable after 
their occurrence.
    (iii) Operation and maintenance requirements established pursuant to 
section 112 of the Act are enforceable independent of emissions 
limitations or other requirements in relevant standards.
    (2)(i) Determination of whether acceptable operation and maintenance 
procedures are being used will be based on information available to the 
Administrator, which may include, but is not limited to, monitoring 
results; review of the operation and maintenance plan, procedures, and 
records; and inspection of the source.
    (ii) Based on the results of a determination made under paragraph 
(f)(2)(i) of this section, the Administrator may require that an owner 
or operator of an affected source make changes to the operation and 
maintenance plan required by paragraph (f)(3) of this section for that 
source. Revisions may be required if the Administrator finds that the 
plan:
    (A) Does not address a malfunction that has occurred;
    (B) Fails to provide for the proper operation of the affected 
source, the air pollution control techniques, or the control system and 
process monitoring equipment during a malfunction in a manner consistent 
with good air pollution control practices; or
    (C) Does not provide adequate procedures for correcting 
malfunctioning process equipment, air pollution control techniques, or 
monitoring equipment as quickly as practicable.
    (3) Operation and maintenance plan. (i) The owner or operator of an 
affected source subject to paragraph (f) of this section shall prepare 
an operation and maintenance plan no later than the compliance date, 
except for hard chromium electroplaters and the chromium anodizing 
operations in California which have until January 25, 1998. The plan 
shall be incorporated by reference into the source's title V permit, if 
and when a title V permit is required. The plan shall include the 
following elements:
    (A) The plan shall specify the operation and maintenance criteria 
for the affected source, the add-on air pollution control device (if 
such a device is used to comply with the emission limits), and the 
process and control system monitoring equipment, and shall include a 
standardized checklist to document the operation and maintenance of this 
equipment;
    (B) For sources using an add-on control device or monitoring 
equipment to comply with this subpart, the plan shall incorporate the 
operation and maintenance practices for that device or monitoring 
equipment, as identified in Table 1 of this section, if the specific 
equipment used is identified in Table 1 of this section;
    (C) If the specific equipment used is not identified in Table 1 of 
this section,

[[Page 476]]

the plan shall incorporate proposed operation and maintenance practices. 
These proposed operation and maintenance practices shall be submitted 
for approval as part of the submittal required under Sec. 63.343(d);
    (D) The plan shall specify procedures to be followed to ensure that 
equipment or process malfunctions due to poor maintenance or other 
preventable conditions do not occur; and
    (E) The plan shall include a systematic procedure for identifying 
malfunctions of process equipment, add-on air pollution control devices, 
and process and control system monitoring equipment and for implementing 
corrective actions to address such malfunctions.
    (F) The plan shall include housekeeping procedures, as specified in 
Table 2 of this section.
    (ii) If the operation and maintenance plan fails to address or 
inadequately addresses an event that meets the characteristics of a 
malfunction at the time the plan is initially developed, the owner or 
operator shall revise the operation and maintenance plan within 45 days 
after such an event occurs. The revised plan shall include procedures 
for operating and maintaining the process equipment, add-on air 
pollution control device, or monitoring equipment during similar 
malfunction events, and a program for corrective action for such events.
    (iii) Recordkeeping associated with the operation and maintenance 
plan is identified in Sec. 63.346(b). Reporting associated with the 
operation and maintenance plan is identified in Sec. 63.347 (g) and (h) 
and paragraph (f)(3)(iv) of this section.
    (iv) If actions taken by the owner or operator during periods of 
malfunction are inconsistent with the procedures specified in the 
operation and maintenance plan required by paragraph (f)(3)(i) of this 
section, the owner or operator shall record the actions taken for that 
event and shall report by phone such actions within 2 working days after 
commencing actions inconsistent with the plan. This report shall be 
followed by a letter within 7 working days after the end of the event, 
unless the owner or operator makes alternative reporting arrangements, 
in advance, with the Administrator.
    (v) The owner or operator shall keep the written operation and 
maintenance plan on record after it is developed to be made available 
for inspection, upon request, by the Administrator for the life of the 
affected source or until the source is no longer subject to the 
provisions of this subpart. In addition, if the operation and 
maintenance plan is revised, the owner or operator shall keep previous 
(i.e., superseded) versions of the operation and maintenance plan on 
record to be made available for inspection, upon request, by the 
Administrator for a period of 5 years after each revision to the plan.
    (vi) To satisfy the requirements of paragraph (f)(3) of this 
section, the owner or operator may use applicable standard operating 
procedure (SOP) manuals, Occupational Safety and Health Administration 
(OSHA) plans, or other existing plans, provided the alternative plans 
meet the requirements of this section.
    (g) The standards in this section that apply to chromic acid baths 
shall not be met by using a reducing agent to change the form of 
chromium from hexavalent to trivalent.

Table 1 to Sec.  63.342--Summary of Operation and Maintenance Practices
------------------------------------------------------------------------
                                    Operation and
      Control technique         maintenance practices       Frequency
------------------------------------------------------------------------
Composite mesh-pad (CMP)       1. Visually inspect      1. 1/quarter.
 system.                        device to ensure there
                                is proper drainage, no
                                chronic acid buildup
                                on the pads, and no
                                evidence of chemical
                                attack on the
                                structural integrity
                                of the device.
                               2. Visually inspect      2. 1/quarter.
                                back portion of the
                                mesh pad closest to
                                the fan to ensure
                                there is no
                                breakthrough of
                                chromic acid mist.
                               3. Visually inspect      3. 1/quarter.
                                ductwork from tank to
                                the control device to
                                ensure there are no
                                leaks.
                               4. Perform washdown of   4. Per
                                the composite mesh-      manufacturer.
                                pads in accordance
                                with manufacturers
                                recommendations.
Packed-bed scrubber (PSB)....  1. Visually inspect      1. 1/quarter.
                                device to ensure there
                                is proper drainage, no
                                chromic acid buildup
                                on the packed beds,
                                and no evidence of
                                chemical attack on the
                                structural integrity
                                of the device.

[[Page 477]]

 
                               2. Visually inspect      2. 1/quarter.
                                back portion of the
                                chevron blade mist
                                eliminator to ensure
                                that it is dry and
                                there is no
                                breakthrough of
                                chromic acid mist.
                               3. Same as number 3      3. 1/quarter.
                                above.
                               4. Add fresh makeup      4. Whenever
                                water to the top of      makeup is
                                the packed bed \a,b\.    added.
PBS/CMP system...............  1. Same as for CMP       1. 1/quarter.
                                system.
                               2. Same as for CMP       2. 1/quarter.
                                system.
                               3. Same as for CMP       3. 1/quarter.
                                system.
                               4. Same as for CMP       4. Per
                                system.                  manufacturer.
Fiber-bed mist eliminator \c\  1. Visually inspect      1. 1/quarter.
                                fiber-bed unit and
                                prefiltering device to
                                ensure there is proper
                                drainage, no chromic
                                acid buildup in the
                                units, and no evidence
                                of chemical attack on
                                the structural
                                integrity of the
                                devices.
                               2. Visually inspect      2. 1/quarter.
                                ductwork from tank or
                                tanks to the control
                                device to ensure there
                                are no leaks.
                               3. Perform washdown of   3. Per
                                fiber elements in        manufacturer.
                                accordance with
                                manufacturers
                                recommendations.
Air pollution control device   To be proposed by the    To be proposed
 (APCD) not listed in rule.     source for approval by   by the source
                                the Administrator.       for approval by
                                                         the
                                                         Administrator.
------------------------------------------------------------------------
                          Monitoring Equipment
------------------------------------------------------------------------
Pitot tube...................  Backflush with water,    1/quarter.
                                or remove from the
                                duct and rinse with
                                fresh water. Replace
                                in the duct and rotate
                                180 degrees to ensure
                                that the same zero
                                reading is obtained.
                                Check pitot tube ends
                                for damage. Replace
                                pitot tube if cracked
                                or fatigued.
Stalagmometer................  Follow manufacturers
                                recommendations.
------------------------------------------------------------------------
\a\ If greater than 50 percent of the scrubber water is drained (e.g.,
  for maintenance purposes), makeup water may be added to the scrubber
  basin.
\b\ For horizontal-flow scrubbers, top is defined as the section of the
  unit directly above the packing media such that the makeup water would
  flow perpendicular to the air flow through the packing. For vertical-
  flow units, the top is defined as the area downstream of the packing
  material such that the makeup water would flow countercurrent to the
  air flow through the unit.
\c\ Work practice standards for the control device installed upstream of
  the fiber-bed mist eliminator to prevent plugging do not apply as long
  as the work practice standards for the fiber-bed unit are followed.


            Table 2 to Sec.  63.342--Housekeeping Practices
------------------------------------------------------------------------
                                                       At this minimum
             For                    You must:             frequency
------------------------------------------------------------------------
1. Any substance used in an   (a) Store the         At all times, except
 affected chromium             substance in a        when transferring
 electroplating or chromium    closed container in   the substance to
 anodizing tank that           an enclosed storage   and from the
 contains hexavalent           area or building;     container.
 chromium.                     AND                  Whenever
                              (b) Use a closed       transporting
                               container when        substance, except
                               transporting the      when transferring
                               substance from the    the substance to
                               enclosed storage      and from the
                               area.                 container.
2. Each affected tank, to     (a) Install drip      Prior to operating
 minimize spills of bath       trays that collect    the tank.
 solution that result from     and return to the    Whenever removing
 dragout. Note: this measure   tank any bath         parts from an
 does not require the return   solution that drips   affected tank.
 of contaminated bath          or drains from       Whenever removing
 solution to the tank. This    parts as the parts    parts from an
 requirement applies only as   are removed from      affected tank.
 the parts are removed from    the tank; OR
 the tank. Once away from     (b) Contain and
 the tank area, any spilled    return to the tank
 solution must be handled in   any bath solution
 accordance with Item 4 of     that drains or
 these housekeeping measures.  drips from parts as
                               the parts are
                               removed from the
                               tank; OR.
                              (c) Collect and
                               treat in an onsite
                               wastewater
                               treatment plant any
                               bath solution that
                               drains or drips
                               from parts as the
                               parts are removed
                               from the tank.
3. Each spraying operation    Install a splash      Prior to any such
 for removing excess chromic   guard to minimize     spraying operation.
 acid from parts removed       overspray during
 from, and occurring over,     spraying operations
 an affected tank.             and to ensure that
                               any hexavalent
                               chromium laden
                               liquid captured by
                               the splash guard is
                               returned to the
                               affected chromium
                               electroplating or
                               anodizing tank.
4. Each operation that        Begin clean up, or    Within 1 hour of the
 involves the handling or      otherwise contain,    spill.
 use of any substance used     all spills of the
 in an affected chromium       substance. Note:
 electroplating or chromium    substances that
 anodizing tank that           fall or flow into
 contains hexavalent           drip trays, pans,
 chromium.                     sumps, or other
                               containment areas
                               are not considered
                               spills.

[[Page 478]]

 
5. Surfaces within the        (a) Clean the         At least once every
 enclosed storage area, open   surfaces using one    7 days if one or
 floor area, walkways around   or more of the        more chromium
 affected tanks contaminated   following methods:    electroplating or
 with hexavalent chromium      HEPA vacuuming;       chromium anodizing
 from an affected chromium     Hand-wiping with a    tanks were used, or
 electroplating or chromium    damp cloth; Wet       at least after
 anodizing tank.               mopping; Hose down    every 40 hours of
                               or rinse with         operating time of
                               potable water that    one or more
                               is collected in a     affection chromium
                               wastewater            electroplating or
                               collection system;    chromium anodizing
                               Other cleaning        tank, whichever is
                               method approved by    later.
                               the permitting       According to
                               authority; OR         manufacturer's
                              (b) Apply a non-       recommendations.
                               toxic chemical dust
                               suppressant to the
                               surfaces.
6. All buffing, grinding, or  Separate the          Prior to beginning
 polishing operations that     operation from any    the buffing,
 are located in the same       affected              grinding, or
 room as chromium              electroplating or     polishing
 electroplating or chromium    anodizing operation   operation.
 anodizing operations.         by installing a
                               physical barrier;
                               the barrier may
                               take the form of
                               plastic strip
                               curtains.
7. All chromium or chromium-  Store, dispose,       At all times.
 containing wastes generated   recover, or recycle
 from housekeeping             the wastes using
 activities.                   practices that do
                               not lead to
                               fugitive dust and
                               in accordance with
                               hazardous waste
                               requirements.
------------------------------------------------------------------------


[60 FR 4963, Jan. 25, 1995; 60 FR 33122, June 27, 1995, as amended at 61 
FR 27787, June 3, 1996; 62 FR 42920, Aug. 11, 1997; 68 FR 37347, June 
23, 2003; 69 FR 42894, July 19, 2004; 71 FR 20456, Apr. 20, 2006; 77 FR 
58243, Sept. 19, 2012]



Sec. 63.343  Compliance provisions.

    (a) Compliance dates. (1) The owner or operator of an existing 
affected source shall comply with the emission limitations in Sec. 
63.342 no later than September 19, 2014.
    (2) The owner or operator of a new or reconstructed affected source 
that has an initial startup after September 19, 2012, shall comply 
immediately upon startup of the source.
    (3) The owner or operator of an existing area source that increases 
actual or potential emissions of hazardous air pollutants such that the 
area source becomes a major source must comply with the provisions for 
existing major sources, including the reporting provisions of Sec. 
63.347(g), immediately upon becoming a major source.
    (4) The owner or operator of a new area source (i.e., an area source 
for which construction or reconstruction was commenced after February 8, 
2012, that increases actual or potential emissions of hazardous air 
pollutants such that the area source becomes a major source must comply 
with the provisions for new major sources, immediately upon becoming a 
major source.
    (5) An owner or operator of an existing hard chromium electroplating 
tank or tanks located at a small, hard chromium electroplating facility 
that increases its maximum cumulative potential rectifier capacity, or 
its actual cumulative rectifier capacity, such that the facility becomes 
a large, hard chromium electroplating facility must comply with the 
requirements of Sec. 63.342(c)(1)(i) for all hard chromium 
electroplating tanks at the facility no later than 1 year after the 
month in which monthly records required by Sec. Sec. 63.342(c)(2) and 
63.346(b)(12) show that the large designation is met, or by the 
compliance date specified in paragraph (a)(1)(ii) of this section, 
whichever is later.
    (6) Request for an extension of compliance. An owner or operator of 
an affected source or sources that requests an extension of compliance 
shall do so in accordance with this paragraph and the applicable 
paragraphs of Sec. 63.6(i). When the owner or operator is requesting 
the extension for more than one affected source located at the facility, 
then only one request may be submitted for all affected sources at the 
facility.
    (i) The owner or operator of an existing affected source who is 
unable to comply with a relevant standard under this subpart may request 
that the Administrator (or a State, when the State

[[Page 479]]

has an approved part 70 permit program and the source is required to 
obtain a part 70 permit under that program, or a State, when the State 
has been delegated the authority to implement and enforce the emission 
standard for that source) grant an extension allowing the owner or 
operator up to 1 additional year to comply with the standard for the 
affected source. The owner or operator of an affected source who has 
requested an extension of compliance under this paragraph and is 
otherwise required to obtain a title V permit for the source shall apply 
for such permit or apply to have the title V permit revised to 
incorporate the conditions of the extension of compliance. The 
conditions of an extension of compliance granted under this paragraph 
will be incorporated into the owner or operator's title V permit for the 
affected source(s) according to the provisions of 40 CFR part 70 or 40 
CFR part 71, whichever is applicable.
    (ii) Any request under this paragraph for an extension of compliance 
with a relevant standard shall be submitted in writing to the 
appropriate authority not later than 6 months before the affected 
source's compliance date as specified in this section.
    (7) An owner or operator of a decorative chromium electroplating 
tank that uses a trivalent chromium bath that incorporates a wetting 
agent, and that ceases using the trivalent chromium process, must comply 
with the emission limitation now applicable to the tank within 1 year of 
switching bath operation.
    (8) After March 19, 2013, the owner or operator of an affected 
source that is subject to the standards in paragraphs Sec. 63.342(c) or 
(d) shall implement the housekeeping procedures specified in Table 2 of 
Sec. 63.342.
    (b) Methods to demonstrate initial compliance. (1) Except as 
provided in paragraphs (b)(2) and (b)(3) of this section, an owner or 
operator of an affected source subject to the requirements of this 
subpart is required to conduct an initial performance test as required 
under Sec. 63.7, using the procedures and test methods listed in 
Sec. Sec. 63.7 and 63.344.
    (2) If the owner or operator of an affected source meets all of the 
following criteria, an initial performance test is not required to be 
conducted under this subpart:
    (i) The affected source is a hard chromium electroplating tank, a 
decorative chromium electroplating tank or a chromium anodizing tank; 
and
    (ii) A wetting agent is used in the plating or anodizing bath to 
inhibit chromium emissions from the affected source; and
    (iii) The owner or operator complies with the applicable surface 
tension limit of Sec. 63.342(c)(1)(iii), (c)(2)(iii), or (d)(2) as 
demonstrated through the continuous compliance monitoring required by 
paragraph (c)(5)(ii) of this section.
    (3) If the affected source is a decorative chromium electroplating 
tank using a trivalent chromium bath, and the owner or operator is 
subject to the provisions of Sec. 63.342(e), an initial performance 
test is not required to be conducted under this subpart.
    (c) Monitoring to demonstrate continuous compliance. The owner or 
operator of an affected source subject to the emission limitations of 
this subpart shall conduct monitoring according to the type of air 
pollution control technique that is used to comply with the emission 
limitation. The monitoring required to demonstrate continuous compliance 
with the emission limitations is identified in this section for the air 
pollution control techniques expected to be used by the owners or 
operators of affected sources. As an alternative to the daily 
monitoring, the owner or operator of an affected source may install a 
continuous pressure monitoring system.
    (1) Composite mesh-pad systems. (i) During the initial performance 
test, the owner or operator of an affected source, or a group of 
affected sources under common control, complying with the emission 
limitations in Sec. 63.342 through the use of a composite mesh-pad 
system shall determine the outlet chromium concentration using the test 
methods and procedures in Sec. 63.344(c), and shall establish as a 
site-specific operating parameter the pressure drop across the system, 
setting the value that corresponds to compliance with the applicable 
emission limitation, using the procedures in Sec. 63.344(d)(5). An

[[Page 480]]

owner or operator may conduct multiple performance tests to establish a 
range of compliant pressure drop values, or may set as the compliant 
value the average pressure drop measured over the three test runs of one 
performance test and accept 2 inches of water 
column from this value as the compliant range.
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, the owner or operator of an 
affected source, or group of affected sources under common control, 
shall monitor and record the pressure drop across the composite mesh-pad 
system once each day that any affected source is operating. To be in 
compliance with the standards, the composite mesh-pad system shall be 
operated within 2 inches of water column of the 
pressure drop value established during the initial performance test, or 
shall be operated within the range of compliant values for pressure drop 
established during multiple performance tests.
    (iii) The owner or operator of an affected source complying with the 
emission limitations in Sec. 63.343 through the use of a composite 
mesh-pad system may repeat the performance test and establish as a new 
site-specific operating parameter the pressure drop across the composite 
mesh-pad system according to the requirements in paragraphs (c)(1)(i) or 
(ii) of this section. To establish a new site-specific operating 
parameter for pressure drop, the owner or operator shall satisfy the 
requirements specified in paragraphs (c)(1)(iii)(A) through (D) of this 
section.
    (A) Determine the outlet chromium concentration using the test 
methods and procedures in Sec. 63.344(c);
    (B) Establish the site-specific operating parameter value using the 
procedures Sec. 63.344(d)(5);
    (C) Satisfy the recordkeeping requirements in Sec. 63.346(b)(6) 
through (8); and
    (D) Satisfy the reporting requirements in Sec. 63.347(d) and (f).
    (iv) The requirement to operate a composite mesh-pad system within 
the range of pressure drop values established under paragraphs (c)(1)(i) 
through (iii) of this section does not apply during automatic washdown 
cycles of the composite mesh-pad system.
    (2) Packed-bed scrubber systems. (i) During the initial performance 
test, the owner or operator of an affected source, or group of affected 
sources under common control, complying with the emission limitations in 
Sec. 63.342 through the use of a packed-bed scrubber system shall 
determine the outlet chromium concentration using the procedures in 
Sec. 63.344(c), and shall establish as site-specific operating 
parameters the pressure drop across the system and the velocity pressure 
at the common inlet of the control device, setting the value that 
corresponds to compliance with the applicable emission limitation using 
the procedures in Sec. 63.344(d) (4) and (5). An owner or operator may 
conduct multiple performance tests to establish a range of compliant 
operating parameter values. Alternatively, the owner or operator may set 
as the compliant value the average pressure drop and inlet velocity 
pressure measured over the three test runs of one performance test, and 
accept 1 inch of water column from the pressure 
drop value and 10 percent from the velocity 
pressure value as the compliant range.
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, the owner or operator of an 
affected source, or group of affected sources under common control, 
shall monitor and record the velocity pressure at the inlet to the 
packed-bed system and the pressure drop across the scrubber system once 
each day that any affected source is operating. To be in compliance with 
the standards, the scrubber system shall be operated within 10 percent of the velocity pressure value established 
during the initial performance test, and within 1 
inch of water column of the pressure drop value established during the 
initial performance test, or within the range of compliant operating 
parameter values established during multiple performance tests.
    (3) Packed-bed scrubber/composite mesh-pad system. The owner or 
operator of an affected source, or group of affected sources under 
common control, that uses a packed-bed scrubber in conjunction with a 
composite mesh-pad system

[[Page 481]]

to meet the emission limitations of Sec. 63.342 shall comply with the 
monitoring requirements for composite mesh-pad systems as identified in 
paragraph (c)(1) of this section.
    (4) Fiber-bed mist eliminator. (i) During the initial performance 
test, the owner or operator of an affected source, or group of affected 
sources under common control, complying with the emission limitations in 
Sec. 63.342 through the use of a fiber-bed mist eliminator shall 
determine the outlet chromium concentration using the procedures in 
Sec. 63.344(c), and shall establish as a site-specific operating 
parameter the pressure drop across the fiber-bed mist eliminator and the 
pressure drop across the control device installed upstream of the fiber 
bed to prevent plugging, setting the value that corresponds to 
compliance with the applicable emission limitation using the procedures 
in Sec. 63.344(d)(5). An owner or operator may conduct multiple 
performance tests to establish a range of compliant pressure drop 
values, or may set as the compliant value the average pressure drop 
measured over the three test runs of one performance test and accept 
 1 inch of water column from this value as the 
compliant range.
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, the owner or operator of an 
affected source, or group of affected sources under common control, 
shall monitor and record the pressure drop across the fiber-bed mist 
eliminator, and the control device installed upstream of the fiber bed 
to prevent plugging, once each day that any affected source is 
operating. To be in compliance with the standards, the fiber-bed mist 
eliminator and the upstream control device shall be operated within 
1 inch of water column of the pressure drop value 
established during the initial performance test, or shall be operated 
within the range of compliant values for pressure drop established 
during multiple performance tests.
    (5) Wetting agent-type or combination wetting agent-type/foam 
blanket fume suppressants. (i) During the initial performance test, the 
owner or operator of an affected source complying with the emission 
limitations in Sec. 63.342 through the use of a wetting agent in the 
electroplating or anodizing bath shall determine the outlet chromium 
concentration using the procedures in Sec. 63.344(c). The owner or 
operator shall establish as the site-specific operating parameter the 
surface tension of the bath using Method 306B, appendix A of this part, 
setting the maximum value that corresponds to compliance with the 
applicable emission limitation. In lieu of establishing the maximum 
surface tension during the performance test, the owner or operator may 
accept 40 dynes/cm, as measured by a stalagmometer, or 33 dynes/cm, as 
measured by a tensiometer, as the maximum surface tension value that 
corresponds to compliance with the applicable emission limitation. 
However, the owner or operator is exempt from conducting a performance 
test only if the criteria of paragraph (b)(1) of this section are met.
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, the owner or operator of an 
affected source, or group of affected sources under common control, 
shall monitor and record the pressure drop across the fiber-bed mist 
eliminator, and the control device installed upstream of the fiber bed 
to prevent plugging, once each day that any affected source is 
operating. To be in compliance with the standards, the fiber-bed mist 
eliminator and the upstream control device shall be operated within 
1 inch of water column of the pressure drop value 
established during the initial performance test, or shall be operated 
within the range of compliant values for pressure drop established 
during multiple performance tests.
    (iii) Once a bath solution is drained from the affected tank and a 
new solution added, the original monitoring schedule of once every 4 
hours must be resumed, with a decrease in monitoring frequency allowed 
following the procedures of paragraphs (c)(5)(ii) (B) and (C) of this 
section.
    (6) Foam blanket-type fume suppressants. (i) During the initial 
performance test, the owner or operator of an affected source complying 
with the emission limitations in Sec. 63.342 through

[[Page 482]]

the use of a foam blanket in the electroplating or anodizing bath shall 
determine the outlet chromium concentration using the procedures in 
Sec. 63.344(c), and shall establish as the site-specific operating 
parameter the thickness of the foam blanket, setting the minimum 
thickness that corresponds to compliance with the applicable emission 
limitation. In lieu of establishing the minimum foam blanket thickness 
during the performance test, the owner or operator may accept 2.54 
centimeters (1 inch) as the minimum foam blanket thickness that 
corresponds to compliance with the applicable emission limitation. All 
foam blanket measurements must be taken in close proximity to the 
workpiece or cathode area in the plating tank(s).
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, the owner or operator of an 
affected source shall monitor the foam blanket thickness of the 
electroplating or anodizing bath. Operation of the affected source at a 
foam blanket thickness less than the value established during the 
performance test, or less than 2.54 cm (1 inch) if the owner or operator 
is using this value in accordance with paragraph (c)(6)(i) of this 
section, shall constitute noncompliance with the standards. The foam 
blanket thickness shall be measured according to the following schedule:
    (iii) Once a bath solution is drained from the affected tank and a 
new solution added, the original monitoring schedule of once every hour 
must be resumed, with a decrease in monitoring frequency allowed 
following the procedures of paragraphs (c)(6)(ii) (B) and (C) of this 
section.
    (7) Fume suppressant/add-on control device. (i) If the owner or 
operator of an affected source uses both a fume suppressant and add-on 
control device and both are needed to comply with the applicable 
emission limit, monitoring requirements as identified in paragraphs (c) 
(1) through (6) of this section, and the work practice standards of 
Table 1 of Sec. 63.342, apply for each of the control techniques used.
    (ii) If the owner or operator of an affected source uses both a fume 
suppressant and add-on control device, but only one of these techniques 
is needed to comply with the applicable emission limit, monitoring 
requirements as identified in paragraphs (c) (1) through (6) of this 
section, and work practice standards of Table 1 of Sec. 63.342, apply 
only for the control technique used to achieve compliance.
    (8) Use of an alternative monitoring method. (i) Requests and 
approvals of alternative monitoring methods shall be considered in 
accordance with Sec. 63.8(f)(1), (f)(3), (f)(4), and (f)(5).
    (ii) After receipt and consideration of an application for an 
alternative monitoring method, the Administrator may approve 
alternatives to any monitoring methods or procedures of this subpart 
including, but not limited to, the following:
    (A) Alternative monitoring requirements when installation or use of 
monitoring devices specified in this subpart would not provide accurate 
measurements due to interferences caused by substances within the 
effluent gases; or
    (B) Alternative locations for installing monitoring devices when the 
owner or operator can demonstrate that installation at alternate 
locations will enable accurate and representative measurements.
    (d) An owner or operator who uses an air pollution control device 
not listed in this section shall submit a description of the device, 
test results collected in accordance with Sec. 63.344(c) verifying the 
performance of the device for reducing chromium emissions to the 
atmosphere to the level required by this subpart, a copy of the 
operation and maintenance plan referenced in Sec. 63.342(f) including 
operation and maintenance practices, and appropriate operating 
parameters that will be monitored to establish continuous compliance 
with the standards. The monitoring plan submitted identifying the 
continuous compliance monitoring is subject to the Administrator's 
approval.

[60 FR 4963, Jan. 25, 1995; 60 FR 33122, June 27, 1995, as amended at 62 
FR 42920, Aug. 11, 1997; 68 FR 37347, June 23, 2003; 69 FR 42895, July 
19, 2004; 77 FR 58245, Sept. 19, 2012]

[[Page 483]]



Sec. 63.344  Performance test requirements and test methods.

    (a) Performance test requirements. Performance tests shall be 
conducted using the test methods and procedures in this section. 
Performance tests shall be conducted under such conditions as the 
Administrator specifies to the owner or operator based on representative 
performance of the affected source for the period being tested. Upon 
request, the owner or operator shall make available to the Administrator 
such records as may be necessary to determine the conditions of 
performance tests. Performance test results shall be documented in 
complete test reports that contain the information required by 
paragraphs (a)(1) through (9) of this section. The test plan to be 
followed shall be made available to the Administrator prior to the 
testing, if requested.
    (1) A brief process description;
    (2) Sampling location description(s);
    (3) A description of sampling and analytical procedures and any 
modifications to standard procedures;
    (4) Test results;
    (5) Quality assurance procedures and results;
    (6) Records of operating conditions during the test, preparation of 
standards, and calibration procedures;
    (7) Raw data sheets for field sampling and field and laboratory 
analyses;
    (8) Documentation of calculations; and
    (9) Any other information required by the test method.
    (b)(1) If the owner or operator of an affected source conducts 
performance testing at startup to obtain an operating permit in the 
State in which the affected source is located, the results of such 
testing may be used to demonstrate compliance with this subpart if:
    (i) The test methods and procedures identified in paragraph (c) of 
this section were used during the performance test;
    (ii) The performance test was conducted under representative 
operating conditions for the source;
    (iii) The performance test report contains the elements required by 
paragraph (a) of this section;
    (iv) The owner or operator of the affected source for which the 
performance test was conducted has sufficient data to establish the 
operating parameter value(s) that correspond to compliance with the 
standards, as required for continuous compliance monitoring under Sec. 
63.343(c);
    (v) The performance test was conducted after January 25, 1995;
    (vi) As of September 19, 2012 the source was using the same 
emissions controls that were used during the compliance test;
    (vii) As of September 19, 2012, the source was operating under 
conditions that are representative of the conditions under which the 
source was operating during the compliance test; and
    (viii) Based on approval from the permitting authority.
    (2) [Reserved]
    (c) Test methods. Each owner or operator subject to the provisions 
of this subpart and required by Sec. 63.343(b) to conduct an initial 
performance test shall use the test methods identified in this section 
to demonstrate compliance with the standards in Sec. 63.342.
    (1) Method 306 or Method 306A, ``Determination of Chromium Emissions 
From Decorative and Hard Chromium Electroplating and Anodizing 
Operations,'' appendix A of this part shall be used to determine the 
chromium concentration from hard or decorative chromium electroplating 
tanks or chromium anodizing tanks. The sampling time and sample volume 
for each run of Methods 306 and 306A, appendix A of this part shall be 
at least 120 minutes and 1.70 dscm (60 dscf), respectively. Methods 306 
and 306A, appendix A of this part allow the measurement of either total 
chromium or hexavalent chromium emissions. For the purposes of this 
standard, sources using chromic acid baths must demonstrate compliance 
with the emission limits of Sec. 63.342 by measuring the total 
chromium.
    (2) The California Air Resources Board (CARB) Method 425 (which is 
available by contacting the California Air Resources Board, 1102 Q 
Street, Sacramento, California 95814) may be used to determine the 
chromium concentration from hard and decorative chromium electroplating 
tanks and

[[Page 484]]

chromium anodizing tanks if the following conditions are met:
    (i) If a colorimetric analysis method is used, the sampling time and 
volume shall be sufficient to result in 33 to 66 micrograms of catch in 
the sampling train.
    (ii) If Atomic Absorption Graphite Furnace (AAGF) or Ion 
Chromatography with a Post-column Reactor (ICPCR) analyses were used, 
the sampling time and volume should be sufficient to result in a sample 
catch that is 5 to 10 times the minimum detection limit of the 
analytical method (i.e., 1.0 microgram per liter of sample for AAGF and 
0.5 microgram per liter of sample for ICPCR).
    (iii) In the case of either paragraph (c)(2) (i) or (ii) of this 
section, a minimum of 3 separate runs must be conducted. The other 
requirements of Sec. 63.7 that apply to affected sources, as indicated 
in Table 1 of this subpart, must also be met.
    (3) Method 306B, ``Surface Tension Measurement and Recordkeeping for 
Tanks Used at Decorative Chromium Electroplating and Anodizing 
Facilities,'' appendix A of this part shall be used to measure the 
surface tension of electroplating and anodizing baths.
    (4) Alternate test methods may also be used if the method has been 
validated using Method 301, appendix A of this part and if approved by 
the Administrator. Procedures for requesting and obtaining approval are 
contained in Sec. 63.7(f).
    (d) Establishing site-specific operating parameter values. (1) Each 
owner or operator required to establish site-specific operating 
parameters shall follow the procedures in this section.
    (2) All monitoring equipment shall be installed such that 
representative measurements of emissions or process parameters from the 
affected source are obtained. For monitoring equipment purchased from a 
vendor, verification of the operational status of the monitoring 
equipment shall include execution of the manufacturer's written 
specifications or recommendations for installation, operation, and 
calibration of the system.
    (i) Specifications for differential pressure measurement devices 
used to measure velocity pressure shall be in accordance with section 
2.2 of Method 2 (40 CFR part 60, appendix A).
    (ii) Specification for differential pressure measurement devices 
used to measure pressure drop across a control system shall be in 
accordance with manufacturer's accuracy specifications.
    (3) The surface tension of electroplating and anodizing baths shall 
be measured using Method 306B, ``Surface Tension Measurement and 
Recordkeeping for Tanks used at Decorative Chromium Electroplating and 
Anodizing Facilities,'' appendix A of this part. This method should also 
be followed when wetting agent type or combination wetting agent/foam 
blanket type fume suppressants are used to control chromium emissions 
from a hard chromium electroplating tank and surface tension measurement 
is conducted to demonstrate continuous compliance.
    (4) The owner or operator of a source required to measure the 
velocity pressure at the inlet to an add-on air pollution control device 
in accordance with Sec. 63.343(c)(2), shall establish the site-specific 
velocity pressure as follows:
    (i) Locate a velocity traverse port in a section of straight duct 
that connects the hooding on the plating tank or tanks with the control 
device. The port shall be located as close to the control system as 
possible, and shall be placed a minimum of 2 duct diameters downstream 
and 0.5 diameter upstream of any flow disturbance such as a bend, 
expansion, or contraction (see Method 1, 40 CFR part 60, appendix A). If 
2.5 diameters of straight duct work does not exist, locate the port 0.8 
of the duct diameter downstream and 0.2 of the duct diameter upstream 
from any flow disturbance.
    (ii) A 12-point velocity traverse of the duct to the control device 
shall be conducted along a single axis according to Method 2 (40 CFR 
part 60, appendix A) using an S-type pitot tube; measurement of the 
barometric pressure and duct temperature at each traverse point is not 
required, but is suggested. Mark the S-type pitot tube as specified in 
Method 1 (40 CFR part 60, appendix A) with 12 points. Measure the 
velocity pressure ([Delta] p) values for the velocity points and record. 
Determine the

[[Page 485]]

square root of the individual velocity point [Delta] p values and 
average. The point with the square root value that comes closest to the 
average square root value is the point of average velocity. The [Delta] 
p value measured for this point during the performance test will be used 
as the reference for future monitoring.
    (5) The owner or operator of a source required to measure the 
pressure drop across the add-on air pollution control device in 
accordance with Sec. 63.343(c) (1) through (4) may establish the 
pressure drop in accordance with the following guidelines:
    (i) Pressure taps shall be installed at any of the following 
locations:
    (A) At the inlet and outlet of the control system. The inlet tap 
should be installed in the ductwork just prior to the control device and 
the corresponding outlet pressure tap should be installed on the outlet 
side of the control device prior to the blower or on the downstream side 
of the blower;
    (B) On each side of the packed bed within the control system or on 
each side of each mesh pad within the control system; or
    (C) On the front side of the first mesh pad and back side of the 
last mesh pad within the control system.
    (ii) Pressure taps shall be sited at locations that are:
    (A) Free from pluggage as possible and away from any flow 
disturbances such as cyclonic demisters.
    (B) Situated such that no air infiltration at measurement site will 
occur that could bias the measurement.
    (iii) Pressure taps shall be constructed of either polyethylene, 
polybutylene, or other nonreactive materials.
    (iv) Nonreactive plastic tubing shall be used to connect the 
pressure taps to the device used to measure pressure drop.
    (v) Any of the following pressure gauges can be used to monitor 
pressure drop: a magnehelic gauge, an inclined manometer, or a ``U'' 
tube manometer.
    (vi) Prior to connecting any pressure lines to the pressure 
gauge(s), each gauge should be zeroed. No calibration of the pressure 
gauges is required.
    (e) Special compliance provisions for multiple sources controlled by 
a common add-on air pollution control device. (1) This section 
identifies procedures for measuring the outlet chromium concentration 
from an add-on air pollution control device that is used to control 
multiple sources that may or may not include sources not affected by 
this subpart.
    (2) When multiple affected sources performing the same type of 
operation (e.g., all are performing hard chromium electroplating), and 
subject to the same emission limitation, are controlled with an add-on 
air pollution control device that is not controlling emissions from any 
other type of affected operation or from any nonaffected sources, the 
applicable emission limitation identified in Sec. 63.342 must be met at 
the outlet of the add-on air pollution control device.
    (3) When multiple affected sources performing the same type of 
operation and subject to the same emission limitation are controlled 
with a common add-on air pollution control device that is also 
controlling emissions from sources not affected by these standards, the 
following procedures should be followed to determine compliance with the 
applicable emission limitation in Sec. 63.342:
    (i) Calculate the cross-sectional area of each inlet duct (i.e., 
uptakes from each hood) including those not affected by the standard.
    (ii) Determine the total sample time per test run by dividing the 
total inlet area from all tanks connected to the control system by the 
total inlet area for all ducts associated with affected sources, and 
then multiply this number by 2 hours. The calculated time is the minimum 
sample time required per test run.
    (iii) Perform Method 306 or 306A testing and calculate an outlet 
mass emission rate.
    (iv) Determine the total ventilation rate from the affected sources 
(VRinlet) by using equation 1:

[[Page 486]]

[GRAPHIC] [TIFF OMITTED] TR19SE12.000

where VRtot is the average total ventilation rate in dscm/min 
for the three test runs as determined at the outlet by means of the 
Method 306 or 306A testing; IDAi is the total inlet area for 
all ducts associated with affected sources; [sum]IAtotal is 
the sum of all inlet duct areas from both affected and nonaffected 
sources; and VRinlet is the total ventilation rate from all 
inlet ducts associated with affected sources.

    (v) Establish the allowable mass emission rate of the system 
(AMRsys) in milligrams of total chromium per hour (mg/hr) 
using equation 2:
[GRAPHIC] [TIFF OMITTED] TR19SE12.001

where [Sigma] VRinlet is the total ventilation rate in dscm/
min from the affected sources, and EL is the applicable emission 
limitation from Sec. 63.342 in mg/dscm. The allowable mass emission 
rate (AMRsys) calculated from equation 2 should be equal to 
or more than the outlet three-run average mass emission rate determined 
from Method 306 or 306A testing in order for the source to be in 
compliance with the standard.

    (4) When multiple affected sources performing different types of 
operations (e.g., hard chromium electroplating, decorative chromium 
electroplating, or chromium anodizing) are controlled by a common add-on 
air pollution control device that may or may not also be controlling 
emissions from sources not affected by these standards, or if the 
affected sources controlled by the common add-on air pollution control 
device perform the same operation but are subject to different emission 
limitations (e.g., because one is a new hard chromium plating tank and 
one is an existing small, hard chromium plating tank), the following 
procedures should be followed to determine compliance with the 
applicable emission limitation in Sec. 63.342:
    (i) Follow the steps outlined in paragraphs (e)(3)(i) through 
(e)(3)(iii) of this section.
    (ii) Determine the total ventilation rate for each type of affected 
source (VRinlet,a) using equation 3:
[GRAPHIC] [TIFF OMITTED] TR19SE12.002

where VRtot is the average total ventilation rate in dscm/min 
for the three test runs as determined at the outlet by means of the 
Method 306 or 306A testing; IDAi,a is the total inlet duct 
area for all ducts conveying chromic acid from each type of affected 
source performing the same operation, or each type of affected source 
subject to the same emission limitation; [sum]IAtotal is the 
sum of all duct areas from both affected and nonaffected sources; and 
VRinlet,a is the total ventilation rate from all inlet ducts 
conveying chromic acid from each type of affected source performing the 
same operation, or each type of affected source subject to the same 
emission limitation.

    (iii) Establish the allowable mass emission rate in mg/hr for each 
type of affected source that is controlled by the add-on air pollution 
control device using equation 4, 5, 6, or 7 as appropriate:

VRhc1 x ELhc1 x 60 minutes/hour = 
AMRhc1 (4)

VRhc2 x ELhc2 x 60 minutes/hour = 
AMRhc2 (5)

VRdc x ELdc x 60 minutes/hour = AMRdc 
(6)


[[Page 487]]


VRca x ELca x 60 minutes/hour = AMRca 
(7)

where ``hc'' applies to the total of ventilation rates for all hard 
          chromium electroplating tanks subject to the same emission 
          limitation, ``dc'' applies to the total of ventilation rates 
          for the decorative chromium electroplating tanks, ``ca'' 
          applies to the total of ventilation rates for the chromium 
          anodizing tanks, and EL is the applicable emission limitation 
          from Sec. 63.342 in mg/dscm. There are two equations for hard 
          chromium electroplating tanks because different emission 
          limitations may apply (e.g., a new tank versus an existing, 
          small tank).
    (iv) Establish the allowable mass emission rate of the system 
(AMRsys) in milligrams of total chromium per hour (mg/hr) 
using equation 8, including each type of affected source as appropriate:
[GRAPHIC] [TIFF OMITTED] TR19SE12.003

    The allowable mass emission rate calculated from equation 8 should 
be equal to or more than the outlet three-run average mass emission rate 
determined from Method 306 or 306A testing in order for the source to be 
in compliance with the standards.
    (5) Each owner or operator that uses the special compliance 
provisions of this paragraph to demonstrate compliance with the emission 
limitations of Sec. 63.342 shall submit the measurements and 
calculations to support these compliance methods with the notification 
of compliance status required by Sec. 63.347(e).
    (6) Each owner or operator that uses the special compliance 
provisions of this section to demonstrate compliance with the emission 
limitations of Sec. 63.342 shall repeat these procedures if a tank is 
added or removed from the control system regardless of whether that tank 
is a nonaffected source. If the new nonaffected tank replaces an 
existing nonaffected tank of the same size and is connected to the 
control system through the same size inlet duct then this procedure does 
not have to be repeated.
    (f) Compliance provisions for the mass rate emission standard for 
enclosed hard chromium electroplating tanks. (1) This section identifies 
procedures for calculating the maximum allowable mass emission rate for 
owners or operators of affected sources who choose to meet the mass 
emission rate standard in Sec. 63.342(c)(2)(iv) or (v).
    (i)(A) The owner or operator of an enclosed hard chromium 
electroplating tank that is an existing affected source and is located 
at a large hard chromium electroplating facility who chooses to meet the 
mass emission rate standard in Sec. 63.342(c)(2)(iv) shall determine 
compliance by not allowing the mass rate of total chromium in the 
exhaust gas stream discharged to the atmosphere to exceed the maximum 
allowable mass emission rate calculated using equation 9:
[GRAPHIC] [TIFF OMITTED] TR19SE12.004

    (B) Compliance with the alternative mass emission limit is 
demonstrated if the three-run average mass emission rate determined from 
Method 306 testing is less than or equal to the maximum allowable mass 
emission rate calculated from equation 9.
    (ii)(A) The owner or operator of an enclosed hard chromium 
electroplating tank that is an existing affected source located at a 
small hard chromium electroplating facility who chooses to meet the mass 
emission rate standard in Sec. 63.342(c)(2)(v) shall determine 
compliance by not allowing the mass rate of total chromium in the 
exhaust gas stream discharged to the atmosphere to exceed the maximum 
allowable mass emission rate calculated using equation 10:

[[Page 488]]

[GRAPHIC] [TIFF OMITTED] TR19SE12.005

    (B) Compliance with the alternative mass emission limit is 
demonstrated if the three-run average mass emission rate determined from 
testing using Method 306 of appendix A to part 63 is less than or equal 
to the maximum allowable mass emission rate calculated from equation 10.
    (iii)(A) The owner or operator of an enclosed hard chromium 
electroplating tank that is a new source who chooses to meet the mass 
emission rate standard in Sec. 63.342(c)(2)(vii) shall determine 
compliance by not allowing the mass rate of total chromium in the 
exhaust gas stream discharged to the atmosphere to exceed the maximum 
allowable mass emission rate calculated using equation 11:
[GRAPHIC] [TIFF OMITTED] TR19SE12.006

    (B) Compliance with the alternative mass emission limit is 
demonstrated if the three-run average mass emission rate determined from 
testing using Method 306 or 306A of appendix A to part 63 is less than 
or equal to the maximum allowable mass emission rate calculated from 
equation 11.

[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 69 
FR 42896, July 19, 2004; 77 FR 58246, Sept. 19, 2012]



Sec. 63.345  Provisions for new and reconstructed sources.

    (a) This section identifies the preconstruction review requirements 
for new and reconstructed affected sources that are subject to, or 
become subject to, this subpart.
    (b) New or reconstructed affected sources. The owner or operator of 
a new or reconstructed affected source is subject to Sec. 63.5(a), 
(b)(1), (b)(5), (b)(6), and (f)(1), as well as the provisions of this 
paragraph.
    (1) After January 25, 1995, whether or not an approved permit 
program is effective in the State in which an affected source is (or 
would be) located, no person may construct a new affected source or 
reconstruct an affected source subject to this subpart, or reconstruct a 
source such that it becomes an affected source subject to this subpart, 
without submitting a notification of construction or reconstruction to 
the Administrator. The notification shall contain the information 
identified in paragraphs (b) (2) and (3) of this section, as 
appropriate.
    (2) The notification of construction or reconstruction required 
under paragraph (b)(1) of this section shall include:
    (i) The owner or operator's name, title, and address;
    (ii) The address (i.e., physical location) or proposed address of 
the affected source if different from the owner's or operator's;
    (iii) A notification of intention to construct a new affected source 
or make any physical or operational changes to an affected source that 
may meet or has been determined to meet the criteria for a 
reconstruction as defined in Sec. 63.2;
    (iv) An identification of subpart N of this part as the basis for 
the notification;
    (v) The expected commencement and completion dates of the 
construction or reconstruction;
    (vi) The anticipated date of (initial) startup of the affected 
source;
    (vii) The type of process operation to be performed (hard or 
decorative chromium electroplating, or chromium anodizing);
    (viii) A description of the air pollution control technique to be 
used to control emissions from the affected source, such as preliminary 
design drawings and design capacity if an add-on air pollution control 
device is used; and

[[Page 489]]

    (ix) An estimate of emissions from the source based on engineering 
calculations and vendor information on control device efficiency, 
expressed in units consistent with the emission limits of this subpart. 
Calculations of emission estimates should be in sufficient detail to 
permit assessment of the validity of the calculations.
    (3) If a reconstruction is to occur, the notification required under 
paragraph (b)(1) of this section shall include the following in addition 
to the information required in paragraph (b)(2) of this section:
    (i) A brief description of the affected source and the components to 
be replaced;
    (ii) A brief description of the present and proposed emission 
control technique, including the information required by paragraphs 
(b)(2) (viii) and (ix) of this section;
    (iii) An estimate of the fixed capital cost of the replacements and 
of constructing a comparable entirely new source;
    (iv) The estimated life of the affected source after the 
replacements; and
    (v) A discussion of any economic or technical limitations the source 
may have in complying with relevant standards or other requirements 
after the proposed replacements. The discussion shall be sufficiently 
detailed to demonstrate to the Administrator's satisfaction that the 
technical or economic limitations affect the source's ability to comply 
with the relevant standard and how they do so.
    (vi) If in the notification of reconstruction, the owner or operator 
designates the affected source as a reconstructed source and declares 
that there are no economic or technical limitations to prevent the 
source from complying with all relevant standards or requirements, the 
owner or operator need not submit the information required in paragraphs 
(b)(3) (iii) through (v) of this section.
    (4) The owner or operator of a new or reconstructed affected source 
that submits a notification in accordance with paragraphs (b) (1) 
through (3) of this section is not subject to approval by the 
Administrator. Construction or reconstruction is subject only to 
notification and can begin upon submission of a complete notification.
    (5) Submittal timeframes. After January 25, 1995, whether or not an 
approved permit program is effective in the State in which an affected 
source is (or would be) located, an owner or operator of a new or 
reconstructed affected source shall submit the notification of 
construction or reconstruction required by paragraph (b)(1) of this 
section according to the following schedule:
    (i) If construction or reconstruction commences after January 25, 
1995, the notification shall be submitted as soon as practicable before 
the construction or reconstruction is planned to commence.
    (ii) If the construction or reconstruction had commenced and initial 
startup had not occurred before January 25, 1995, the notification shall 
be submitted as soon as practicable before startup but no later than 60 
days after January 25, 1995.



Sec. 63.346  Recordkeeping requirements.

    (a) The owner or operator of each affected source subject to these 
standards shall fulfill all recordkeeping requirements outlined in this 
section and in the General Provisions to 40 CFR part 63, according to 
the applicability of subpart A of this part as identified in Table 1 of 
this subpart.
    (b) The owner or operator of an affected source subject to the 
provisions of this subpart shall maintain the following records for such 
source:
    (1) Inspection records for the add-on air pollution control device, 
if such a device is used, and monitoring equipment, to document that the 
inspection and maintenance required by the work practice standards of 
Sec. 63.342(f) and Table 1 of Sec. 63.342 have taken place. The record 
can take the form of a checklist and should identify the device 
inspected, the date of inspection, a brief description of the working 
condition of the device during the inspection, and any actions taken to 
correct deficiencies found during the inspection.
    (2) Records of all maintenance performed on the affected source, the 
add-on air pollution control device, and monitoring equipment, except 
routine housekeeping practices;

[[Page 490]]

    (3) Records of the occurrence, duration, and cause (if known) of 
each malfunction of process, add-on air pollution control, and 
monitoring equipment;
    (4) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec. 63.342(a)(1), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation;
    (5) Other records, which may take the form of checklists, necessary 
to demonstrate consistency with the provisions of the operation and 
maintenance plan required by Sec. 63.342(f)(3);
    (6) Test reports documenting results of all performance tests;
    (7) All measurements as may be necessary to determine the conditions 
of performance tests, including measurements necessary to determine 
compliance with the special compliance procedures of Sec. 63.344(e);
    (8) Records of monitoring data required by Sec. 63.343(c) that are 
used to demonstrate compliance with the standard including the date and 
time the data are collected;
    (9) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions, as 
indicated by monitoring data, that occurs during malfunction of the 
process, add-on air pollution control, or monitoring equipment;
    (10) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions, as 
indicated by monitoring data, that occurs during periods other than 
malfunction of the process, add-on air pollution control, or monitoring 
equipment;
    (11) The total process operating time of the affected source during 
the reporting period;
    (12) Records of the actual cumulative rectifier capacity of hard 
chromium electroplating tanks at a facility expended during each month 
of the reporting period, and the total capacity expended to date for a 
reporting period, if the owner or operator is using the actual 
cumulative rectifier capacity to determine facility size in accordance 
with Sec. 63.342(c)(2);
    (13) For sources using fume suppressants to comply with the 
standards, records of the date and time that fume suppressants are added 
to the electroplating or anodizing bath and records of the fume 
suppressant manufacturer and product name;
    (14) For sources complying with Sec. 63.342(e), records of the bath 
components purchased, with the wetting agent clearly identified as a 
bath constituent contained in one of the components;
    (15) Any information demonstrating whether a source is meeting the 
requirements for a waiver of recordkeeping or reporting requirements, if 
the source has been granted a waiver under Sec. 63.10(f); and
    (16) All documentation supporting the notifications and reports 
required by Sec. 63.9, Sec. 63.10, and Sec. 63.347.
    (c) All records shall be maintained for a period of 5 years in 
accordance with Sec. 63.10(b)(1).

[60 FR 4963, Jan. 25, 1995, as amended at 77 FR 58248, Sept. 19, 2012]



Sec. 63.347  Reporting requirements.

    (a) The owner or operator of each affected source subject to these 
standards shall fulfill all reporting requirements outlined in this 
section and in the General Provisions to 40 CFR part 63, according to 
the applicability of subpart A as identified in Table 1 of this subpart. 
These reports shall be made to the Administrator at the appropriate 
address as identified in Sec. 63.13 or to the delegated State 
authority.
    (1) Reports required by subpart A of this part and this section may 
be sent by U.S. mail, fax, or by another courier.
    (i) Submittals sent by U.S. mail shall be postmarked on or before 
the specified date.
    (ii) Submittals sent by other methods shall be received by the 
Administrator on or before the specified date.
    (2) If acceptable to both the Administrator and the owner or 
operator of an affected source, reports may be submitted on electronic 
media.
    (b) The reporting requirements of this section apply to the owner or 
operator of an affected source when such

[[Page 491]]

source becomes subject to the provisions of this subpart.
    (c) Initial notifications. (1) The owner or operator of an affected 
source that has an initial startup before January 25, 1995, shall notify 
the Administrator in writing that the source is subject to this subpart. 
The notification shall be submitted no later than 180 calendar days 
after January 25, 1995, and shall contain the following information:
    (i) The name, title, and address of the owner or operator;
    (ii) The address (i.e., physical location) of each affected source;
    (iii) A statement that subpart N of this part is the basis for this 
notification;
    (iv) Identification of the applicable emission limitation and 
compliance date for each affected source;
    (v) A brief description of each affected source, including the type 
of process operation performed;
    (vi) For sources performing hard chromium electroplating, the 
maximum potential cumulative potential rectifier capacity;
    (vii) For sources performing hard chromium electroplating, a 
statement of whether the affected source(s) is located at a small or a 
large, hard chromium electroplating facility and whether this will be 
demonstrated through actual or maximum potential cumulative rectifier 
capacity;
    (viii) For sources performing hard chromium electroplating, a 
statement of whether the owner or operator of an affected source(s) will 
limit the maximum potential cumulative rectifier capacity in accordance 
with Sec. 63.342(c)(2) such that the hard chromium electroplating 
facility is considered small; and
    (ix) A statement of whether the affected source is located at a 
major source or an area source as defined in Sec. 63.2.
    (2) The owner or operator of a new or reconstructed affected source 
that has an initial startup after January 25, 1995 shall submit an 
initial notification (in addition to the notification of construction or 
reconstruction required by Sec. 63.345(b) as follows:
    (i) A notification of the date when construction or reconstruction 
was commenced, shall be submitted simultaneously with the notification 
of construction or reconstruction, if construction or reconstruction was 
commenced before January 25, 1995;
    (ii) A notification of the date when construction or reconstruction 
was commenced, shall be submitted no later than 30 calendar days after 
such date, if construction or reconstruction was commenced after January 
25, 1995; and
    (iii) A notification of the actual date of startup of the source 
shall be submitted within 30 calendar days after such date.
    (d) Notification of performance test. (1) The owner or operator of 
an affected source shall notify the Administrator in writing of his or 
her intention to conduct a performance test at least 60 calendar days 
before the test is scheduled to begin to allow the Administrator to have 
an observer present during the test. Observation of the performance test 
by the Administrator is optional.
    (2) In the event the owner or operator is unable to conduct the 
performance test as scheduled, the provisions of Sec. 63.7(b)(2) apply.
    (e) Notification of compliance status. (1) A notification of 
compliance status is required each time that an affected source becomes 
subject to the requirements of this subpart.
    (2) If the State in which the source is located has not been 
delegated the authority to implement the rule, each time a notification 
of compliance status is required under this part, the owner or operator 
of an affected source shall submit to the Administrator a notification 
of compliance status, signed by the responsible official (as defined in 
Sec. 63.2) who shall certify its accuracy, attesting to whether the 
affected source has complied with this subpart. If the State has been 
delegated the authority, the notification of compliance status shall be 
submitted to the appropriate authority. The notification shall list for 
each affected source:
    (i) The applicable emission limitation and the methods that were 
used to determine compliance with this limitation;

[[Page 492]]

    (ii) If a performance test is required by this subpart, the test 
report documenting the results of the performance test, which contains 
the elements required by Sec. 63.344(a), including measurements and 
calculations to support the special compliance provisions of Sec. 
63.344(e) if these are being followed;
    (iii) The type and quantity of hazardous air pollutants emitted by 
the source reported in mg/dscm or mg/hr if the source is using the 
special provisions of Sec. 63.344(e) to comply with the standards. (If 
the owner or operator is subject to the construction and reconstruction 
provisions of Sec. 63.345 and had previously submitted emission 
estimates, the owner or operator shall state that this report corrects 
or verifies the previous estimate.) For sources not required to conduct 
a performance test in accordance with Sec. 63.343(b), the surface 
tension measurement may fulfill this requirement;
    (iv) For each monitored parameter for which a compliant value is to 
be established under Sec. 63.343(c), the specific operating parameter 
value, or range of values, that corresponds to compliance with the 
applicable emission limit;
    (v) The methods that will be used to determine continuous 
compliance, including a description of monitoring and reporting 
requirements, if methods differ from those identified in this subpart;
    (vi) A description of the air pollution control technique for each 
emission point;
    (vii) A statement that the owner or operator has completed and has 
on file the operation and maintenance plan as required by the work 
practice standards in Sec. 63.342(f);
    (viii) If the owner or operator is determining facility size based 
on actual cumulative rectifier capacity in accordance with Sec. 
63.342(c)(2), records to support that the facility is small. For 
existing sources, records from any 12-month period preceding the 
compliance date shall be used or a description of how operations will 
change to meet a small designation shall be provided. For new sources, 
records of projected rectifier capacity for the first 12-month period of 
tank operation shall be used;
    (ix) A statement by the owner or operator of the affected source as 
to whether the source has complied with the provisions of this subpart.
    (3) For sources required to conduct a performance test by Sec. 
63.343(b), the notification of compliance status shall be submitted to 
the Administrator no later than 90 calendar days following completion of 
the compliance demonstration required by Sec. 63.7 and Sec. 63.343(b).
    (4) For sources that are not required to complete a performance test 
in accordance with Sec. 63.343(b), the notification of compliance 
status shall be submitted to the Administrator no later than 30 days 
after the compliance date specified in Sec. 63.343(a), except the date 
on which sources in California shall monitor the surface tension of the 
anodizing bath is extended to January 25, 1998.
    (f) Reports of performance test results. (1) If the State in which 
the source is located has not been delegated the authority to implement 
the rule, the owner or operator of an affected source shall report to 
the Administrator the results of any performance test conducted as 
required by Sec. 63.7 or Sec. 63.343(b). If the State has been 
delegated the authority, the owner or operator of an affected source 
should report performance test results to the appropriate authority.
    (2) Reports of performance test results shall be submitted no later 
than 90 days following the completion of the performance test, and shall 
be submitted as part of the notification of compliance status required 
by paragraph (e) of this section.
    (3)(i) Within 60 days after the date of completing each performance 
test (defined in Sec. 63.2) as required by this subpart, you must 
submit the results of the performance tests, including any associated 
fuel analyses, required by this subpart to the EPA's WebFIRE database by 
using the Compliance and Emissions Data Reporting Interface (CEDRI) that 
is accessed through the EPA's Central Data Exchange (CDX) (www.epa.gov/
cdx). Performance test data must be submitted in the file format 
generated through use of the EPA's Electronic Reporting Tool (ERT) (see 
http://www.epa.gov/ttn/chief/ert/index.html). Only data collected using 
test methods on the ERT Web site are

[[Page 493]]

subject to this requirement for submitting reports electronically to 
WebFIRE. Owners or operators who claim that some of the information 
being submitted for performance tests is confidential business 
information (CBI) must submit a complete ERT file including information 
claimed to be CBI on a compact disk, flash drive or other commonly used 
electronic storage media to the EPA. The electronic media must be 
clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, 
Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same ERT file with the CBI omitted must be submitted to 
the EPA via CDX as described earlier in this paragraph. At the 
discretion of the delegated authority, you must also submit these 
reports, including the confidential business information, to the 
delegated authority in the format specified by the delegated authority. 
For any performance test conducted using test methods that are not 
listed on the ERT Web site, the owner or operator shall submit the 
results of the performance test to the Administrator at the appropriate 
address listed in Sec. 63.13.
    (g) Ongoing compliance status reports for major sources. (1) The 
owner or operator of an affected source that is located at a major 
source site shall submit a summary report to the Administrator to 
document the ongoing compliance status of the affected source. The 
report shall contain the information identified in paragraph (g)(3) of 
this section, and shall be submitted semiannually except when:
    (i) The Administrator determines on a case-by-case basis that more 
frequent reporting is necessary to accurately assess the compliance 
status of the source; or
    (ii) The monitoring data collected by the owner or operator of the 
affected source in accordance with Sec. 63.343(c) show that the 
emission limit has been exceeded, in which case quarterly reports shall 
be submitted. Once an owner or operator of an affected source reports an 
exceedance, ongoing compliance status reports shall be submitted 
quarterly until a request to reduce reporting frequency under paragraph 
(g)(2) of this section is approved.
    (2) Request to reduce frequency of ongoing compliance status 
reports. (i) An owner or operator who is required to submit ongoing 
compliance status reports on a quarterly (or more frequent basis) may 
reduce the frequency of reporting to semiannual if all of the following 
conditions are met:
    (A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting 
periods), the ongoing compliance status reports demonstrate that the 
affected source is in compliance with the relevant emission limit;
    (B) The owner or operator continues to comply with all applicable 
recordkeeping and monitoring requirements of subpart A of this part and 
this subpart; and
    (C) The Administrator does not object to a reduced reporting 
frequency for the affected source, as provided in paragraphs (g)(2) (ii) 
and (iii) of this section.
    (ii) The frequency of submitting ongoing compliance status reports 
may be reduced only after the owner or operator notifies the 
Administrator in writing of his or her intention to make such a change, 
and the Administrator does not object to the intended change. In 
deciding whether to approve a reduced reporting frequency, the 
Administrator may review information concerning the source's entire 
previous performance history during the 5-year recordkeeping period 
prior to the intended change, or the recordkeeping period since the 
source's compliance date, whichever is shorter. Records subject to 
review may include performance test results, monitoring data, and 
evaluations of an owner or operator's conformance with emission 
limitations and work practice standards. Such information may be used by 
the Administrator to make a judgment about the source's potential for 
noncompliance in the future. If the Administrator disapproves the owner 
or operator's request to reduce reporting frequency, the Administrator 
will notify the owner or operator in writing within 45 days after 
receiving notice of the owner or operator's intention. The notification 
from the Administrator to the owner or operator will specify the grounds 
on which the disapproval is

[[Page 494]]

based. In the absence of a notice of disapproval within 45 days, 
approval is automatically granted.
    (iii) As soon as the monitoring data required by Sec. 63.343(c) 
show that the source is not in compliance with the relevant emission 
limit, the frequency of reporting shall revert to quarterly, and the 
owner shall state this exceedance in the ongoing compliance status 
report for the next reporting period. After demonstrating ongoing 
compliance with the relevant emission limit for another full year, the 
owner or operator may again request approval from the Administrator to 
reduce the reporting frequency as allowed by paragraph (g)(2) of this 
section.
    (3) Contents of ongoing compliance status reports. The owner or 
operator of an affected source for which compliance monitoring is 
required in accordance with Sec. 63.343(c) shall prepare a summary 
report to document the ongoing compliance status of the source. The 
report must contain the following information:
    (i) The company name and address of the affected source;
    (ii) An identification of the operating parameter that is monitored 
for compliance determination, as required by Sec. 63.343(c);
    (iii) The relevant emission limitation for the affected source, and 
the operating parameter value, or range of values, that correspond to 
compliance with this emission limitation as specified in the 
notification of compliance status required by paragraph (e) of this 
section;
    (iv) The beginning and ending dates of the reporting period;
    (v) A description of the type of process performed in the affected 
source;
    (vi) The total operating time of the affected source during the 
reporting period;
    (vii) If the affected source is a hard chromium electroplating tank 
and the owner or operator is limiting the maximum cumulative rectifier 
capacity in accordance with Sec. 63.342(c)(2), the actual cumulative 
rectifier capacity expended during the reporting period, on a month-by-
month basis;
    (viii) A summary of operating parameter values, including the total 
duration of excess emissions during the reporting period as indicated by 
those values, the total duration of excess emissions expressed as a 
percent of the total source operating time during that reporting period, 
and a breakdown of the total duration of excess emissions during the 
reporting period into those that are due to process upsets, control 
equipment malfunctions, other known causes, and unknown causes;
    (ix) A certification by a responsible official, as defined in Sec. 
63.2, that the work practice standards in Sec. 63.342(f) were followed 
in accordance with the operation and maintenance plan for the source;
    (x) If the operation and maintenance plan required by Sec. 
63.342(f)(3) was not followed, an explanation of the reasons for not 
following the provisions, an assessment of whether any excess emission 
and/or parameter monitoring exceedances are believed to have occurred, 
and a copy of the report(s) required by Sec. 63.342(f)(3)(iv) 
documenting that the operation and maintenance plan was not followed;
    (xi) A description of any changes in monitoring, processes, or 
controls since the last reporting period;
    (xii) The number, duration, and a brief description for each type of 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded. 
The report must also include a description of actions taken by an owner 
or operator during a malfunction of an affected source to minimize 
emissions in accordance with Sec. 63.342(a)(1), including actions taken 
to correct a malfunction.
    (xiii) The name, title, and signature of the responsible official 
who is certifying the accuracy of the report; and
    (xiv) The date of the report.
    (4) When more than one monitoring device is used to comply with the 
continuous compliance monitoring required by Sec. 63.343(c), the owner 
or operator shall report the results as required for each monitoring 
device. However, when one monitoring device is used as a backup for the 
primary monitoring device, the owner or operator shall only report the 
results from the monitoring device used to meet the monitoring 
requirements of this subpart. If

[[Page 495]]

both devices are used to meet these requirements, then the owner or 
operator shall report the results from each monitoring device for the 
relevant compliance period.
    (h) Ongoing compliance status reports for area sources. The 
requirements of this paragraph do not alleviate affected area sources 
from complying with the requirements of State or Federal operating 
permit programs under 40 CFR part 71.
    (1) The owner or operator of an affected source that is located at 
an area source site shall prepare a summary report to document the 
ongoing compliance status of the affected source. The report shall 
contain the information identified in paragraph (g)(3) of this section, 
shall be completed annually and retained on site, and made available to 
the Administrator upon request. The report shall be completed annually 
except as provided in paragraph (h)(2) of this section.
    (2) Reports of exceedances. (i) If either of the following 
conditions is met, semiannual reports shall be prepared and submitted to 
the Administrator:
    (A) The total duration of excess emissions (as indicated by the 
monitoring data collected by the owner or operator of the affected 
source in accordance with Sec. 63.343(c)) is 1 percent or greater of 
the total operating time for the reporting period; or
    (B) The total duration of malfunctions of the add-on air pollution 
control device and monitoring equipment is 5 percent or greater of the 
total operating time.
    (ii) Once an owner or operator of an affected source reports an 
exceedance as defined in paragraph (h)(2)(i) of this section, ongoing 
compliance status reports shall be submitted semiannually until a 
request to reduce reporting frequency under paragraph (h)(3) of this 
section is approved.
    (iii) The Administrator may determine on a case-by-case basis that 
the summary report shall be completed more frequently and submitted, or 
that the annual report shall be submitted instead of being retained on 
site, if these measures are necessary to accurately assess the 
compliance status of the source.
    (3) Request to reduce frequency of ongoing compliance status 
reports. (i) An owner or operator who is required to submit ongoing 
compliance status reports on a semiannual (or more frequent) basis, or 
is required to submit its annual report instead of retaining it on site, 
may reduce the frequency of reporting to annual and/or be allowed to 
maintain the annual report onsite if all of the following conditions are 
met:
    (A) For 1 full year (e.g., 2 semiannual or 4 quarterly reporting 
periods), the ongoing compliance status reports demonstrate that the 
affected source is in compliance with the relevant emission limit;
    (B) The owner or operator continues to comply with all applicable 
recordkeeping and monitoring requirements of subpart A of this part and 
this subpart; and
    (C) The Administrator does not object to a reduced reporting 
frequency for the affected source, as provided in paragraphs (h)(3) (ii) 
and (iii) of this section.
    (ii) The frequency of submitting ongoing compliance status reports 
may be reduced only after the owner or operator notifies the 
Administrator in writing of his or her intention to make such a change, 
and the Administrator does not object to the intended change. In 
deciding whether to approve a reduced reporting frequency, the 
Administrator may review information concerning the source's previous 
performance history during the 5-year recordkeeping period prior to the 
intended change, or the recordkeeping period since the source's 
compliance date, whichever is shorter. Records subject to review may 
include performance test results, monitoring data, and evaluations of an 
owner or operator's conformance with emission limitations and work 
practice standards. Such information may be used by the Administrator to 
make a judgement about the source's potential for noncompliance in the 
future. If the Administrator disapproves the owner or operator's request 
to reduce reporting frequency, the Administrator will notify the owner 
or operator in writing within 45 days after receiving notice of the 
owner or operator's intention. The notification from the Administrator 
to

[[Page 496]]

the owner or operator will specify the grounds on which the disapproval 
is based. In the absence of a notice of disapproval within 45 days, 
approval is automatically granted.
    (iii) As soon as the monitoring data required by Sec. 63.343(c) 
show that the source is not in compliance with the relevant emission 
limit, the frequency of reporting shall revert to semiannual, and the 
owner shall state this exceedance in the ongoing compliance status 
report for the next reporting period. After demonstrating ongoing 
compliance with the relevant emission limit for another full year, the 
owner or operator may again request approval from the Administrator to 
reduce the reporting frequency as allowed by paragraph (h)(3) of this 
section.
    (i) Reports associated with trivalent chromium baths. The 
requirements of this paragraph do not alleviate affected sources from 
complying with the requirements of State or Federal operating permit 
programs under title V. Owners or operators complying with the 
provisions of Sec. 63.342(e) are not subject to paragraphs (a) through 
(h) of this section, but must instead submit the following reports:
    (1) Within 180 days after January 25, 1995, submit an initial 
notification that includes:
    (i) The same information as is required by paragraphs (c)(1) (i) 
through (v) of this section; and
    (ii) A statement that a trivalent chromium process that incorporates 
a wetting agent will be used to comply with Sec. 63.342(e); and
    (iii) The list of bath components that comprise the trivalent 
chromium bath, with the wetting agent clearly identified; and
    (2) Within 30 days of the compliance date specified in Sec. 
63.343(a), a notification of compliance status that contains an update 
of the information submitted in accordance with paragraph (i)(1) of this 
section or a statement that the information is still accurate; and
    (3) Within 30 days of a change to the trivalent chromium 
electroplating process, a report that includes:
    (i) A description of the manner in which the process has been 
changed and the emission limitation, if any, now applicable to the 
affected source;
    (ii) If a different emission limitation applies, the applicable 
information required by paragraph (c)(1) of this section; and
    (iii) The notification and reporting requirements of paragraphs (d), 
(e), (f), (g), and (h) of this section, which shall be submitted in 
accordance with the schedules identified in those paragraphs.

[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 62 
FR 4465, Jan. 30, 1997, 62 FR 42921, Aug. 11, 1997; 69 FR 42897, July 
19, 2004; 77 FR 58248, Sept. 19, 2012]



Sec. 63.348  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.340, 63.342(a) through (e) and (g), and 63.343(a).
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37347, June 23, 2003]

[[Page 497]]



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

                              to Subpart N

----------------------------------------------------------------------------------------------------------------
         General provisions reference                Applies to subpart N                   Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)....................................  Yes..........................  Additional terms defined in Sec.
                                                                                 63.341; when overlap between
                                                                                subparts A and N occurs, subpart
                                                                                N takes precedence.
63.1(a)(2)....................................  Yes
63.1(a)(3)....................................  Yes
63.1(a)(4)....................................  Yes..........................  Subpart N clarifies the
                                                                                applicability of each paragraph
                                                                                in subpart A to sources subject
                                                                                to subpart N.
63.1(a)(5)....................................  No...........................  [Reserved]
63.1(a)(6)....................................  Yes
63.1(a)(7)-(9)................................  No...........................  [Reserved]
63.1(a)(10)...................................  Yes
63.1(a)(11)...................................  Yes..........................  Sec.  63.347(a) of subpart N
                                                                                also allows report submissions
                                                                                via fax and on electronic media.
63.1(a)(12)...................................  Yes..........................
63.1(b)(1)....................................  No...........................  Sec.  63.340 of subpart N
                                                                                specifies applicability.
63.1(b)(2)....................................  No...........................  [Reserved]
63.1(b)(3)....................................  No...........................  This provision in subpart A is
                                                                                being deleted. Also, all
                                                                                affected area and major sources
                                                                                are subject to subpart N; there
                                                                                are no exemptions.
63.1(c)(1)....................................  Yes..........................  Subpart N clarifies the
                                                                                applicability of each paragraph
                                                                                in subpart A to sources subject
                                                                                to subpart N.
63.1(c)(2)....................................  Yes..........................  Sec.  63.340(e) of Subpart N
                                                                                exempts area sources from the
                                                                                obligation to obtain Title V
                                                                                operating permits.
63.1(c)(3)-(4)................................  No...........................  [Reserved]
63.1(c)(5)....................................  No...........................  Subpart N clarifies that an area
                                                                                source that becomes a major
                                                                                source is subject to the
                                                                                requirements for major sources.
63.1(e).......................................  Yes
63.2..........................................  Yes..........................  Additional terms defined in Sec.
                                                                                 63.341; when overlap between
                                                                                subparts A and N occurs, subpart
                                                                                N takes precedence.
63.3..........................................  Yes..........................  Other units used in subpart N are
                                                                                defined in that subpart.
63.4(a)(1)-(2)................................  Yes..........................
63.4(a)(3)-(5)................................  No...........................  [Reserved]
63.4(b)-(c)...................................  Yes..........................
63.5(a).......................................  Yes..........................  Except replace the term
                                                                                ``source'' and ``stationary
                                                                                source'' in Sec.  63.5(a) (1)
                                                                                and (2) of subpart A with
                                                                                ``affected sources.''
63.5(b)(1)....................................  Yes
63.5(b)(2)....................................  No...........................  [Reserved]
63.5(b)(3)....................................  Yes..........................  Applies only to major affected
                                                                                sources.
63.5(b)(4)....................................  No...........................  Subpart N (Sec.  63.345)
                                                                                specifies requirements for the
                                                                                notification of construction or
                                                                                reconstruction for affected
                                                                                sources that are not major.
63.5(b)(5)....................................  No...........................  [Reserved]
63.5(b)(6)....................................  Yes
63.5(c).......................................  No...........................  [Reserved]
63.5(d)(1)(i).................................  No...........................  Sec.  63.345(c)(5) of subpart N
                                                                                specifies when the application
                                                                                or notification shall be
                                                                                submitted.
63.5(d)(1)(ii)................................  Yes..........................  Applies to major affected sources
                                                                                that are new or reconstructed.
63.5(d)(1)(iii)...............................  Yes..........................  Except information should be
                                                                                submitted with the Notification
                                                                                of Compliance Status required by
                                                                                Sec.  63.347(e) of subpart N.
63.5(d)(2)....................................  Yes..........................  Applies to major affected sources
                                                                                that are new or reconstructed
                                                                                except: (1) replace ``source''
                                                                                in Sec.  63.5(d)(2) of subpart
                                                                                A with ``affected source''; and
                                                                                (2) actual control efficiencies
                                                                                are submitted with the
                                                                                Notification of Compliance
                                                                                Status required by Sec.
                                                                                63.347(e).
63.5(d)(3)-(4)................................  Yes..........................  Applies to major affected sources
                                                                                that are new or reconstructed.
63.5(e).......................................  Yes..........................  Applies to major affected sources
                                                                                that are new or reconstructed.
63.5(f)(1)....................................  Yes..........................  Except replace ``source'' in Sec.
                                                                                  63.5(f)(1) of subpart A with
                                                                                ``affected source.''
63.5(f)(2)....................................  No...........................  New or reconstructed affected
                                                                                sources shall submit the request
                                                                                for approval of construction or
                                                                                reconstruction under Sec.
                                                                                63.5(f) of subpart A by the
                                                                                deadline specified in Sec.
                                                                                63.345(c)(5) of subpart N.
63.6(a).......................................  Yes
63.6(b)(1)-(2)................................  Yes..........................  Except replace ``source'' in Sec.
                                                                                  63.6(b)(1)-(2) of part A with
                                                                                ``affected source.''
63.6(b)(3)-(4)................................  Yes
63.6(b)(5)....................................  Yes..........................  Except replace ``source'' in Sec.
                                                                                  63.6(b)(5) of subpart A with
                                                                                ``affected source.''
63.6(b)(7)....................................  No...........................  Provisions for new area sources
                                                                                that become major sources are
                                                                                contained in Sec.  63.343(a)(4)
                                                                                of subpart N.
63.6(c)(1)-(2)................................  Yes..........................  Except replace ``source'' in Sec.
                                                                                  63.6(c)(1)-(2) of subpart A
                                                                                with ``affected source.''
63.6(c)(3)-(4)................................  No...........................  [Reserved]

[[Page 498]]

 
63.6(c)(5)....................................  No...........................  Compliance provisions for
                                                                                existing area sources that
                                                                                become major sources are
                                                                                contained in Sec.  63.343(a)(3)
                                                                                of subpart N.
63.6(d).......................................  No...........................  [Reserved]
63.6(e)(1)-(3)................................  No...........................  Sec.  63.342(f) of subpart N
                                                                                contains work practice standards
                                                                                (operation and maintenance
                                                                                requirements) that override
                                                                                these provisions.
63.6(f)(1)....................................  No...........................  Sec.  63.342(b) of subpart N
                                                                                specifies when the standards
                                                                                apply.
63.6(f)(2)(i)-(ii)............................  Yes
63.6(f)(2)(iii)...............................  No...........................  Sec.  63.344(b) of subpart N
                                                                                specifies instances in which
                                                                                previous performance test
                                                                                results for existing sources are
                                                                                acceptable.
63.6(f)(2)(iv)................................  Yes
63.6(f)(2)(v).................................  Yes
63.6(f)(3)....................................  Yes
63.6(g).......................................  Yes
63.6(h)(1)....................................  No...........................  SSM Exception
63.6(h)(2)....................................  No...........................  Subpart N does not contain any
                                                                                opacity or visible emission
                                                                                standards.
63.6(i)(1)....................................  Yes
63.6(i)(2)....................................  Yes..........................  Except replace ``source'' in Sec.
                                                                                  63.6(i)(2)(i) and (ii) of
                                                                                subpart A with ``affected
                                                                                source.''
63.6(i)(3)....................................  Yes
63.6(i)(4)(i).................................  No...........................  Sec.  63.343(a)(6) of subpart N
                                                                                specifies the procedures for
                                                                                obtaining an extension of
                                                                                compliance and the date by which
                                                                                such requests must be submitted.
63.6(i)(4)(ii)................................  Yes
63.6(i)(5)....................................  Yes
63.6(i)(6)(i).................................  Yes..........................  This paragraph only references
                                                                                ``paragraph (i)(4) of this
                                                                                section'' for compliance
                                                                                extension provisions. But, Sec.
                                                                                 63.343(a)(6) of subpart N also
                                                                                contains provisions for
                                                                                requesting a compliance
                                                                                extension.
63.6(i)(6)(ii)................................  Yes
63.6(i)(7)....................................  Yes
63.6(i)(8)....................................  Yes..........................  This paragraph only references
                                                                                ``paragraphs (i)(4) through
                                                                                (i)(6) of this section'' for
                                                                                compliance extension provisions.
                                                                                But, Sec.  63.343(a)(6) of
                                                                                subpart N also contains
                                                                                provisions for requesting a
                                                                                compliance extension.
63.6(i)(9)....................................  Yes..........................  This paragraph only references
                                                                                ``paragraphs (i)(4) through
                                                                                (i)(6) of this section'' and
                                                                                ``paragraphs (i)(4) and (i)(5)
                                                                                of this section'' for compliance
                                                                                extension provisions. But, Sec.
                                                                                 63.343(a)(6) of subpart N also
                                                                                contains provisions for
                                                                                requesting a compliance
                                                                                extension.
63.6(i)(10)(i)-(iv)...........................  Yes
63.6(i)(10)(v)(A).............................  Yes..........................  This paragraph only references
                                                                                ``paragraph (i)(4)'' for
                                                                                compliance extension provisions.
                                                                                But, Sec.  63.343(a)(6) of
                                                                                subpart N also contains
                                                                                provisions for requesting a
                                                                                compliance extension.
63.6(i)(10)(v)(B).............................  Yes
63.6(i)(11)...................................  Yes
63.6(i)(12)(i)................................  Yes..........................  This paragraph only references
                                                                                ``paragraph (i)(4)(i) or (i)(5)
                                                                                of this section'' for compliance
                                                                                extension provisions. But, Sec.
                                                                                 63.343(a)(6) of subpart N also
                                                                                contains provisions for
                                                                                requesting a compliance
                                                                                extension.
63.6(i)(12)(ii)-(iii).........................  Yes
63.6(i)(13)...................................  Yes
63.6(i)(14)...................................  Yes
63.6(i)(15)...................................  No...........................  [Reserved]
63.6(i)(16)...................................  Yes
63.6(j).......................................  Yes
63.7(a)(1)....................................  Yes
63.7(a)(2)(i)-(viii)..........................  No...........................  [Reserved]
63.7(a)(2)(ix)................................  Yes
63.7(a)(3)....................................  Yes
63.7(a)(4)....................................  Yes..........................
63.7(b)(1)....................................  No...........................  Sec.  63.347(d) of subpart N
                                                                                requires notification prior to
                                                                                the performance test. Sec.
                                                                                63.344(a) of subpart N requires
                                                                                submission of a site-specific
                                                                                test plan upon request.
63.7(b)(2)....................................  Yes
63.7(c).......................................  No...........................  Sec.  63.344(a) of subpart N
                                                                                specifies what the test plan
                                                                                should contain, but does not
                                                                                require test plan approval or
                                                                                performance audit samples.
63.7(d).......................................  Yes..........................  Except replace ``source'' in the
                                                                                first sentence of Sec.  63.7(d)
                                                                                of subpart A with ``affected
                                                                                source.''
63.7(e)(1)....................................  No...........................  See Sec.  63.344(a). Any cross
                                                                                reference to Sec.  63.7(e)(1)
                                                                                in any other general provision
                                                                                incorporated by reference shall
                                                                                be treated as a cross-reference
                                                                                to Sec.  63.344(a).
63.7(e)(2)-(4)................................  Yes..........................  Subpart N also contains test
                                                                                methods specific to affected
                                                                                sources covered by that subpart.

[[Page 499]]

 
63.7(f).......................................  Yes..........................  Sec.  63.344(c)(2) of subpart N
                                                                                identifies CARB Method 425 as
                                                                                acceptable under certain
                                                                                conditions.
63.7(g)(1)....................................  No...........................  Subpart N identifies the items to
                                                                                be reported in the compliance
                                                                                test [Sec.  63.344(a)] and the
                                                                                timeframe for submitting the
                                                                                results [Sec.  63.347(f)].
63.7(g)(2)....................................  No...........................  [Reserved]
63.7(g)(3)....................................  Yes
63.7(h)(1)-(2)................................  Yes
63.7(h)(3)(i).................................  Yes..........................  This paragraph only references
                                                                                ``Sec.  63.6(i)'' for
                                                                                compliance extension provisions.
                                                                                But, Sec.  63.343(a)(6) of
                                                                                subpart N also contains
                                                                                provisions for requesting a
                                                                                compliance extension.
63.7(h)(3)(ii)-(iii)..........................  Yes
63.7(h)(4)-(5)................................  Yes
63.8(a)(1)....................................  Yes
63.8(a)(2)....................................  No...........................  Work practice standards are
                                                                                contained in Sec.  63.342(f) of
                                                                                subpart N.
63.8(a)(3)....................................  No...........................  [Reserved]
63.8(a)(4)....................................  No
63.8(b)(1)....................................  Yes
63.8(b)(2)....................................  No...........................  Sec.  63.344(d) of subpart N
                                                                                specifies the monitoring
                                                                                location when there are multiple
                                                                                sources.
63.8(b)(3)....................................  No...........................  Sec.  63.347(g)(4) of subpart N
                                                                                identifies reporting
                                                                                requirements when multiple
                                                                                monitors are used.
63.8(c)(1)(i).................................  No...........................  Subpart N requires proper
                                                                                maintenance of monitoring
                                                                                devices expected to be used by
                                                                                sources subject to subpart N.
63.8(c)(1)(ii)................................  No...........................  Sec.  63.342(f)(3)(iv) of
                                                                                subpart N specifies reporting
                                                                                when the O&M plan is not
                                                                                followed.
63.8(c)(1)(iii)...............................  No...........................  Sec.  63.343(f)(2) identifies
                                                                                the criteria for whether O&M
                                                                                procedures are acceptable.
63.8(c)(2)-(3)................................  No...........................  Sec.  63.344(d)(2) requires
                                                                                appropriate use of monitoring
                                                                                devices.
63.8(c)(4)-(7)................................  No
63.8(d).......................................  No...........................  Maintenance of monitoring devices
                                                                                is required by Sec. Sec.
                                                                                63.342(f) and 63.344(d)(2) of
                                                                                subpart N.
63.8(e).......................................  No...........................  There are no performance
                                                                                evaluation procedures for the
                                                                                monitoring devices expected to
                                                                                be used to comply with subpart
                                                                                N.
63.8(f)(1)....................................  Yes
63.8(f)(2)....................................  No...........................  Instances in which the
                                                                                Administrator may approve
                                                                                alternatives to the monitoring
                                                                                methods and procedures of
                                                                                subpart N are contained in Sec.
                                                                                 63.343(c)(8) of subpart N.
63.8(f)(3)....................................  Yes
63.8(f)(4)....................................  Yes
63.8(f)(5)....................................  Yes
63.8(f)(6)....................................  No...........................  Subpart N does not require the
                                                                                use of CEM's.
63.8(g).......................................  No...........................  Monitoring data does not need to
                                                                                be reduced for reporting
                                                                                purposes because subpart N
                                                                                requires measurement once/day.
63.9(a).......................................  Yes
63.9(b)(1)(i)-(ii)............................  No...........................  Sec.  63.343(a)(3) of subpart N
                                                                                requires area sources to comply
                                                                                with major source provisions if
                                                                                an increase in HAP emissions
                                                                                causes them to become major
                                                                                sources.
63.9(b)(1)(iii)...............................  No...........................  Sec.  63.347(c)(2) of subpart N
                                                                                specifies initial notification
                                                                                requirements for new or
                                                                                reconstructed affected sources.
63.9(b)(2)....................................  No...........................  Sec.  63.347(c)(1) of subpart N
                                                                                specifies the information to be
                                                                                contained in the initial
                                                                                notification.
63.9(b)(3)....................................  No...........................  [Reserved]
63.9(b)(4)....................................  No
63.9(b)(5)....................................  No
63.9(c).......................................  Yes..........................  This paragraph only references
                                                                                ``Sec.  63.6(i)(4) through Sec.
                                                                                  63.6(i)(6)'' for compliance
                                                                                extension provisions. But, Sec.
                                                                                 63.343(a)(6) of subpart N also
                                                                                contains provisions for
                                                                                requesting a compliance
                                                                                extension. Subpart N provides a
                                                                                different timeframe for
                                                                                submitting the request than Sec.
                                                                                  63.6(i)(4).
63.9(d).......................................  Yes..........................  This paragraph only references
                                                                                ``the notification dates
                                                                                established in paragraph (g) of
                                                                                this section.'' But, Sec.
                                                                                63.347 of subpart N also
                                                                                contains notification dates.
63.9(e).......................................  No...........................  Notification of performance test
                                                                                is required by Sec.  63.347(d)
                                                                                of subpart N.
63.9(f).......................................  No
63.9(g).......................................  No...........................  Subpart N does not require a
                                                                                performance evaluation or
                                                                                relative accuracy test for
                                                                                monitoring devices.
63.9(h)(1)-(3)................................  No...........................  Sec.  63.347(e) of subpart N
                                                                                specifies information to be
                                                                                contained in the notification of
                                                                                compliance status and the
                                                                                timeframe for submitting this
                                                                                information.
63.9(h)(4)....................................  No...........................  [Reserved]

[[Page 500]]

 
63.9(h)(5)....................................  No...........................  Similar language has been
                                                                                incorporated into Sec.
                                                                                63.347(e)(2)(iii) of subpart N.
63.9(h)(6)....................................  Yes
63.9(i).......................................  Yes
63.9(j).......................................  Yes
63.10(a)......................................  Yes
63.10(b)(1)...................................  Yes
63.10(b)(2)...................................  No...........................  Sec.  63.346(b) of subpart N
                                                                                specifies the records that must
                                                                                be maintained.
63.10(b)(3)...................................  No...........................  Subpart N applies to major and
                                                                                area sources.
63.10(c)......................................  No...........................  Applicable requirements of Sec.
                                                                                63.10(c) have been incorporated
                                                                                into Sec.  63.346(b) of subpart
                                                                                N.
63.10(d)(1)...................................  Yes
63.10(d)(2)...................................  No...........................  Sec.  63.347(f) of subpart N
                                                                                specifies the timeframe for
                                                                                reporting performance test
                                                                                results.
63.10(d)(3)...................................  No...........................  Subpart N does not contain
                                                                                opacity or visible emissions
                                                                                standards.
63.10(d)(4)...................................  Yes
63.10(d)(5)...................................  No...........................  Sec.  63.342(f)(3)(iv) and Sec.
                                                                                 63.347(g)(3) of subpart N
                                                                                specify reporting associated
                                                                                with malfunctions.
63.10(e)......................................  No...........................  Sec.  63.347(g) and (h) of
                                                                                subpart N specify the frequency
                                                                                of periodic reports of
                                                                                monitoring data used to
                                                                                establish compliance. Applicable
                                                                                requirements of Sec.  63.10(e)
                                                                                have been incorporated into Sec.
                                                                                  63.347(g) and (h).
63.10(f)......................................  Yes
63.11.........................................  No...........................  Flares will not be used to comply
                                                                                with the emission limits.
63.12-63.15...................................  Yes
----------------------------------------------------------------------------------------------------------------


[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 70 
FR 75345, Dec. 19, 2005; 77 FR 58248, Sept. 19, 2012]

    Editorial Note: The following amendment could not be incorporated 
into Table 1 to subpart N of part 63, because of an inaccurate 
amendatory instruction. For the convenience of the user the amendatory 
instruction and regulatory text is set forth as follows:

    At 77 FR 58248, Sept. 19, 2012, table 1 to subpart N of part 63 in 
part by revising the entry for 63.6 (b)(6).



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

                              to Subpart N

------------------------------------------------------------------------
                               Applies to  subpart
General provisions reference            N                  Comment
------------------------------------------------------------------------
 
                               * * * * * *
63.6(b)(6)..................  No..................  [Reserved]
 
                              * * * * * * *
------------------------------------------------------------------------



     Subpart O_Ethylene Oxide Emissions Standards for Sterilization 

                               Facilities

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



Sec. 63.360  Applicability.

    (a) All sterilization sources using 1 ton (see definition) in 
sterilization or fumigation operations are subject to the emissions 
standards in Sec. 63.362, except as specified in paragraphs (b) through 
(e) of this section. Owners or operators of sources using 1 ton (see 
definition) subject to the provisions of this subpart must comply with 
the requirements of subpart A, of this part according to the 
applicability of subpart A of this part to such sources in Table 1 of 
this section.

[[Page 501]]



                    Table 1 of Section 63.360--General Provisions Applicability to Subpart O
----------------------------------------------------------------------------------------------------------------
                                           Applies to sources     Applies to sources
               Reference                    using 10 tons in    using 1 to 10 tons in           Comment
                                             subpart O \a\          subpart O \a\
----------------------------------------------------------------------------------------------------------------
63.1(a)(1).............................                       Yes                      Additional terms defined
                                                                                        in Sec.  63.361; when
                                                                                        overlap between subparts
                                                                                        A and O occurs, subpart
                                                                                        O takes precedence.
63.1(a)(2).............................                       Yes
63.1(a)(3).............................                       Yes
63.1(a)(4).............................                       Yes                      Subpart O clarifies the
                                                                                        applicability of each
                                                                                        paragraph in subpart A
                                                                                        to sources subject to
                                                                                        subpart O.
63.1(a)(5).............................                       No                       Reserved.
63.1(a)(6).............................                       Yes
63.1(a)(7).............................                       Yes
63.1.1(a)(8)...........................                       Yes
63.1(a)(9).............................                       No                       Reserved.
63.1(a)(10)............................                       Yes
63.1(a)(11)............................                       Yes                      Sec.  63.366(a) of
                                                                                        subpart O also allows
                                                                                        report submissions via
                                                                                        fax and on electronic
                                                                                        media.
63.1(a)(12)-(14).......................                       Yes
63.1(b)(1)-(2).........................                       Yes
63.1(b)(3).............................                       No                       Sec.  63.367 clarifies
                                                                                        the applicability of
                                                                                        recordkeeping
                                                                                        requirements for sources
                                                                                        that determine they are
                                                                                        not subject to the
                                                                                        emissions standards.
63.1(c)(1).............................                       Yes                      Subpart O clarifies the
                                                                                        applicability of each
                                                                                        paragraph in subpart A
                                                                                        to sources subject to
                                                                                        subpart O in this table.
63.1(c)(2).............................                       Yes                      Sec.  63.360(f) exempts
                                                                                        area sources subject to
                                                                                        this subpart from the
                                                                                        obligation to obtain
                                                                                        Title V operating
                                                                                        permits.
63.1(c)(3).............................                       No                       Reserved.
63.1(c)(4).............................                       Yes
63.1(c)(5).............................                       No                       Sec.  63.360 specifies
                                                                                        applicability.
63.1(d)................................                       No                       Reserved.
63.1(e)................................                       Yes
63.2...................................                       Yes                      Additional terms defined
                                                                                        in Sec.  63.361; when
                                                                                        overlap between subparts
                                                                                        A and O occurs, subpart
                                                                                        O takes precedence.
63.3...................................                       Yes                      Other units used in
                                                                                        subpart O are defined in
                                                                                        the text of subpart O.
63.4(a)(1)-(3).........................                       Yes
63.4(a)(4).............................                       No                       Reserved.
63.4(a)(5).............................                       Yes
63.4(b)................................                       Yes
63.4(c)................................                       Yes
63.5(a)................................                       No                       Sec.  63.366(b)(1)
                                                                                        contains applicability
                                                                                        requirements for
                                                                                        constructed or
                                                                                        reconstructed sources.
63.5(b)(1).............................  Yes..................  No...................
63.5(b)(2).............................                       No                       Reserved.
63.5(b)(3).............................                       No                       See Sec.  63.366(b)(2).
63.5(b)(4).............................  Yes..................  No...................
63.5(b)(5).............................  Yes..................  No...................
63.5(b)(6).............................  Yes..................  No...................
63.5(c)................................                       No                       Reserved.
63.5(d)(1)-(2).........................                       No                       See Sec.  63.366(b)(3).
63.5(d)(3)-(4).........................  Yes..................  No...................
63.5(e)................................  Yes..................  No...................
63.5(f)(1)-(2).........................                       No                       See Sec.  63.366(b)(4).
63.6(a)(1).............................                       Yes
63.6(a)(2).............................                       No                       Sec.  63.360 specifies
                                                                                        applicability.
63.6(b)-(c)............................                       No                       Sec.  63.360(g)
                                                                                        specifies compliance
                                                                                        dates for sources.
63.6(d)................................                       No                       Reserved.
63.6(e)................................                       No                       Subpart O does not
                                                                                        contain any operation
                                                                                        and maintenance plan
                                                                                        requirements.
63.6(f)(1).............................                       No                       Sec.  63.362(b)
                                                                                        specifies when the
                                                                                        standards apply.
63.6(f)(2)(i)..........................                       Yes

[[Page 502]]

 
63.6(f)(2)(ii).........................                       No                       Sec.  63.363 specifies
                                                                                        parameters for
                                                                                        determining compliance.
63.6(f)(2)(iii)-(iv)...................                       Yes
63.6(f)(2)(v)..........................                       No
63.6(f)(3).............................                       Yes
63.6(g)................................                       Yes
63.6(h)................................                       No                       Subpart O does not
                                                                                        contain any opacity or
                                                                                        visible emission
                                                                                        standards.
63.6(i)(1)-(14)........................                       Yes
63.6(i)(15)............................                       No                       Reserved
63.6(i)(16)............................                       Yes
63.6(j)................................                       Yes
63.7(a)(1).............................                       Yes
63.7(a)(2).............................                       Yes
63.7(a)(3).............................                       Yes
63.7(b)................................                       Yes
63.7(c)................................  Yes..................  No...................
63.7(d)................................  Yes..................  No...................
63.7(e)................................                       Yes                      Sec.  63.365 also
                                                                                        contains test methods
                                                                                        specific to sources
                                                                                        subject to the emissions
                                                                                        standards.
63.7(f)................................                       Yes
63.7(g)(1).............................                       Yes
63.7(g)(2).............................                       No                       Reserved
63.7(g)(3).............................                       Yes
63.7(h)................................                       Yes
63.8(a)(1).............................                       Yes
63.8(a)(2).............................                       Yes
63.8(a)(3).............................                       No                       Reserved
63.8(a)(4).............................                       Yes
63.8(b)(1).............................                       Yes
63.8(b)(2).............................                       Yes
63.8(b)(3).............................                       No
63.8(c)(1) (i)-(ii)....................                       No                       A startup, shutdown, and
                                                                                        malfunction plan is not
                                                                                        required for these
                                                                                        standards.
63.8(c)(1)(iii)........................                       Yes
63.8(c)(2)-(3).........................                       Yes
63.8(c)(4)-(5).........................                       No                       Frequency of monitoring
                                                                                        measurements is provided
                                                                                        in Sec.  63.364;
                                                                                        opacity monitors are not
                                                                                        required for these
                                                                                        standards.
63.8(c)(6).............................                       No                       Performance
                                                                                        specifications for gas
                                                                                        chromatographs and
                                                                                        temperature monitors are
                                                                                        contained in Sec.
                                                                                        63.365.
63.8(c)(7)(i)(A)-(B)...................                       No                       Performance
                                                                                        specifications for gas
                                                                                        chromatographs and
                                                                                        temperature monitors are
                                                                                        contained in Sec.
                                                                                        63.365.
63.8(c)(7)(i)(C).......................                       No                       Opacity monitors are not
                                                                                        required for these
                                                                                        standards.
63.8(c)(7)(ii).........................                       No                       Performance
                                                                                        specifications for gas
                                                                                        chromatographs and
                                                                                        temperature monitors are
                                                                                        contained in Sec.
                                                                                        63.365.
63.8(c)(8).............................                       No
63.8(d)................................  Yes..................  No...................
63.8(e)(1).............................                       Yes
63.8(e)(2).............................                       Yes
63.8(e)(3).............................  Yes..................  No...................
63.8(e)(4).............................                       Yes
63.8(e)(5)(i)..........................                       Yes
63.8(e)(5)(ii).........................                       No                       Opacity monitors are not
                                                                                        required for these
                                                                                        standards.
63.8(f)(1)-(5).........................                       Yes
63.8(f)(6).............................                       No
63.8(g)(1).............................                       Yes
63.8(g)(2).............................                       No
63.8(g)(3)-(5).........................                       Yes
63.9(a)................................                       Yes
63.9(b)(1)-(i).........................                       Yes

[[Page 503]]

 
63.9(b)(1)(ii)-(iii)...................                       No                       Sec.  63.366(c)(1)(i)
                                                                                        contains language for
                                                                                        sources that increase
                                                                                        usage such that the
                                                                                        source becomes subject
                                                                                        to the emissions
                                                                                        standards.
63.9(b)(2)-(3).........................                       Yes                      Sec.  63.366(c)(3)
                                                                                        contains additional
                                                                                        information to be
                                                                                        included in the initial
                                                                                        report for existing and
                                                                                        new sources.
63.9(b)(4)-(5).........................                       No                       Sec.  63.366(c)(1)(ii)
                                                                                        and (iii) contains
                                                                                        requirements for new or
                                                                                        reconstructed sources
                                                                                        subject to the emissions
                                                                                        standards.
63.9(c)................................                       Yes
63.9(d)................................                       No
63.9(e)................................                       Yes
63.9(f)................................                       No                       Opacity monitors are not
                                                                                        required for these
                                                                                        standards.
63.9(g)(1).............................                       Yes
63.9(g)(2)-(3).........................                       No                       Opacity monitors and
                                                                                        relative accuracy
                                                                                        testing are not required
                                                                                        for these standards.
63.9(h)(1)-(3).........................                       Yes
63.9(h)(4).............................                       No                       Reserved.
63.9(h)(5).............................                       No                       Sec.  63.366(c)(2)
                                                                                        instructs sources to
                                                                                        submit actual data.
63.9(h)(6).............................                       Yes
63.9(i)................................                       Yes
63.9(j)................................                       Yes
63.10(a)...............................                       Yes
63.10(b)(1)............................                       Yes
63.10(b)(2)(i).........................                       No                       Not applicable due to
                                                                                        batch nature of the
                                                                                        industry.
63.10(b)(2)(ii)........................                       Yes
63.10(b)(2)(iii).......................                       No
63.10(b)(2)(iv)-(v)....................                       No                       A startup, shutdown, and
                                                                                        malfunction plan is not
                                                                                        required for these
                                                                                        standards.
63.10(b)(2)(vi)-(xii)..................                       Yes
63.10(b)(2)(xiii)......................                       No
63.10(b)(2)(xiv).......................                       Yes
63.10(b)(3)............................                       No                       Sec.  63.367 (b) and (c)
                                                                                        contains applicability
                                                                                        determination
                                                                                        requirements.
63.10(c)(1)............................                       Yes
63.10(c)(2)-(4)........................                       No                       Reserved.
63.10(c)(5)............................                       Yes
63.10(c)(6)............................                       No
63.10(c)(7)............................                       No                       Not applicable due to
                                                                                        batch nature of the
                                                                                        industry.
63.10(c)(8)............................                       Yes
63.10(c)(9)............................                       No
63.10(c)(10)-(13)......................                       Yes
63.10(c)(14)...........................  Yes..................  No...................
63.10(c)(15)...........................                       No                       A startup, shutdown, and
                                                                                        malfunction plan is not
                                                                                        required for these
                                                                                        standards.
63.10(d)(1)............................                       Yes
63.10(d)(2)............................                       Yes
63.10(d)(3)............................                       No                       Subpart O does not
                                                                                        contain opacity or
                                                                                        visible emissions
                                                                                        standards.
63.10(d)(4)............................                       Yes
63.10(d)(5)............................                       No                       A startup, shutdown, and
                                                                                        malfunction plan is not
                                                                                        required for these
                                                                                        standards.
63.10(e)(1)............................                       Yes
63.10(e)(2)(i).........................                       Yes
63.10(e)(2)(ii)........................                       No                       Opacity monitors are not
                                                                                        required for these
                                                                                        standards.
63.10(e)(3)(i)-(iv)....................                       Yes
63.10(e)(3)(v).........................                       No                       Sec.  63.366(a)(3)
                                                                                        specifies contents and
                                                                                        submittal dates for
                                                                                        excess emissions and
                                                                                        monitoring system
                                                                                        performance reports.

[[Page 504]]

 
63.10(e)(3)(vi)-(viii).................                       Yes
63.10(e)(4)............................                       No                       Opacity monitors are not
                                                                                        required for these
                                                                                        standards.
63.10(f)...............................                       Yes
63.11..................................                       Yes
63.12-63.15............................                       Yes
----------------------------------------------------------------------------------------------------------------
\a\ See definition.

    (b) Sterilization sources using less than 1 ton (see definition) are 
not subject to the emissions standards in Sec. 63.362. The 
recordkeeping requirements of Sec. 63.367(c) apply.
    (c) This subpart does not apply to beehive fumigators.
    (d) This subpart does not apply to research or laboratory facilities 
as defined in section 112(c)(7) of title III of the Clean Air Act 
Amendment of 1990.
    (e) This subpart does not apply to ethylene oxide sterilization 
operations at stationary sources such as hospitals, doctors offices, 
clinics, or other facilities whose primary purpose is to provide medical 
services to humans or animals.
    (f) If you are an owner or operator of an area source subject to 
this subpart, you are exempt from 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 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 applicable to area sources.
    (g) The owner or operator shall comply with the provisions of this 
subpart as follows:
    (1) All sterilization chamber vents subject to the emissions 
standards in Sec. 63.362 with an initial startup date before December 
6, 1998, no later than December 6, 1998.
    (2) All sterilization chamber vents subject to the emissions 
standards in Sec. 63.362 with an initial startup date on or after 
December 6, 1998, immediately upon initial startup of the source.
    (3) All sterilization chamber vents at sources using less than 1 ton 
of ethylene oxide that increase their ethylene oxide usage after 
December 6, 1998 such that the sterilization chamber vent becomes 
subject to the emissions standards in Sec. 63.362(c), immediately upon 
becoming subject to the emission standards.
    (4) All aeration room vents subject to the emissions standards in 
Sec. 63.362 with an initial startup date before December 6, 2000, no 
later than December 6, 2000.
    (5) All aeration room vents subject to the emissions standards in 
Sec. 63.362 with an initial startup date on or after December 6, 2000, 
immediately upon initial startup of the source.
    (6) All aeration room vents at sources using less than 10 tons that 
increase their ethylene oxide usage after December 6, 2000, such that 
the aeration room vents become subject to the emissions standards in 
Sec. 63.362, immediately upon becoming subject to the emission 
standards.
    (7)-(10) [Reserved]

[59 FR 62589, Dec. 6, 1994, as amended at 61 FR 27788, June 3, 1996; 63 
FR 66994, Dec. 4, 1998; 64 FR 67793, Dec. 3, 1999; 64 FR 69643, Dec. 14, 
1999; 66 FR 55582, Nov. 2, 2001; 70 FR 75345, Dec. 19, 2005]



Sec. 63.361  Definitions.

    Terms and nomenclature used in this subpart are defined in the Clean 
Air Act (the Act) as amended in 1990, Sec. Sec. 63.2 and 63.3 of 
subpart A of this part, or in this section. For the purposes of subpart 
O, if the same term is defined in subpart A and in this section, it 
shall have the meaning given in this section.
    Aeration room means any vessel or room that is used to facilitate 
off-gassing of ethylene oxide at a sterilization facility.
    Aeration room vent means the point(s) through which the evacuation 
of ethylene oxide-laden air from an aeration room occurs.

[[Page 505]]

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

[[Page 506]]

chamber exhaust vent or when ethylene oxide is removed from the aeration 
room through the aeration room vent.
    Thermal oxidizer means all combustion devices except flares.

[59 FR 62589, Dec. 6, 1994, as amended at 66 FR 55583, Nov. 2, 2001]



Sec. 63.362  Standards.

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

          Table 1 of Section 63.362--Standards for Ethylene Oxide Commercial Sterilizers and Fumigators
----------------------------------------------------------------------------------------------------------------
                                                      Sterilization      Aeration room
    Existing and new sources        Source type        chamber vent           vent         Chamber exhaust vent
----------------------------------------------------------------------------------------------------------------
Source size....................  <907 kg (<1 ton).     No control required; minimal recordkeeping requirements
                                                                    apply (see Sec.  63.367(c)).
                                 =907    99% emission       No control.......  No control.
                                  kg and <9,070 kg   reduction (see
                                  (=1     Sec.
                                  ton and < 10       63.362(c)).
                                  tons).
                                 =9,070  99% emission       1 ppm maximum      No control.
                                  kg (=10 tons).      Sec.              concentration or
                                                     63.362(c)).        99% emission
                                                                        reduction (see
                                                                        Sec.
                                                                        63.362(d)).
----------------------------------------------------------------------------------------------------------------

    (b) Applicability of emission limits. The emission limitations of 
paragraphs (c), (d), and (e) of this section apply during sterilization 
operation. The emission limitations do not apply during periods of 
malfunction.
    (c) Sterilization chamber vent at sources using 1 ton. Each owner or 
operator of a sterilization source using 1 ton shall reduce ethylene 
oxide emissions to the atmosphere by at least 99 percent from each 
sterilization chamber vent.
    (d) Aeration room vent at sources using 10 tons. Each owner or 
operator of a sterilization source using 10 tons shall reduce ethylene 
oxide emissions to the atmosphere from each aeration room vent to a 
maximum concentration of 1 ppmv or by at least 99 percent, whichever is 
less stringent, from each aeration room vent.
    (e) [Reserved]

[59 FR 62589, Dec. 6, 1994, as amended at 66 FR 55583, Nov. 2, 2001]



Sec. 63.363  Compliance and performance provisions.

    (a)(1) The owner or operator of a source subject to emissions 
standards in Sec. 63.362 shall conduct an initial performance test 
using the procedures listed in Sec. 63.7 according to the applicability 
in Table 1 of Sec. 63.360, the procedures listed in this section, and 
the test methods listed in Sec. 63.365.
    (2) The owner or operator of all sources subject to these emissions 
standards shall complete the performance test within 180 days after the 
compliance date for the specific source as determined in Sec. 
63.360(g).
    (b) The procedures in paragraphs (b)(1) through (3) of this section 
shall be used to determine initial compliance with the emission limits 
under Sec. 63.362(c), the sterilization chamber vent standard and to 
establish operating limits for the control devices:
    (1) The owner or operator shall determine the efficiency of control 
devices used to comply with Sec. 63.362(c) using the test methods and 
procedures in Sec. 63.365(b).
    (2) For facilities with acid-water scrubbers, the owner or operator 
shall establish as an operating limit either:
    (i) The maximum ethylene glycol concentration using the procedures 
described in Sec. 63.365(e)(1); or
    (ii) The maximum liquor tank level using the procedures described in 
Sec. 63.365(e)(2).
    (3) For facilities with catalytic oxidizers or thermal oxidizers, 
the operating limit consists of the recommended minimum oxidation 
temperature provided by the oxidation unit manufacturer for an operating 
limit.
    (4) Facilities with catalytic oxidizers shall comply with one of the 
following work practices:

[[Page 507]]

    (i) Once per year after the initial compliance test, conduct a 
performance test during routine operations, i.e., with product in the 
chamber using the procedures described in Sec. 63.365(b) or (d) as 
appropriate. If the percent efficiency is less than 99 percent, restore 
the catalyst as soon as practicable but no later than 180 days after 
conducting the performance test; or
    (ii) Once per year after the initial compliance test, analyze 
ethylene oxide concentration data from Sec. 63.364(e) or a continuous 
emission monitoring system (CEMS) and restore the catalyst as soon as 
practicable but no later than 180 days after data analysis; or,
    (iii) Every 5 years, beginning 5 years after the initial compliance 
test (or by December 6, 2002, whichever is later), replace the catalyst 
bed with new catalyst material.
    (c) The procedures in paragraphs (c)(1) through (3) of this section 
shall be used to determine initial compliance with the emission limits 
under Sec. 63.362(d), the aeration room vent standard:
    (1) The owner or operator shall comply with either paragraph (b)(2) 
or (3) of this section.
    (2) Determine the concentration of ethylene oxide emitted from the 
aeration room into the atmosphere (after any control device used to 
comply with Sec. 63.362(d)) using the methods in Sec. 63.365(c)(1); or
    (3) Determine the efficiency of the control device used to comply 
with Sec. 63.362(d) using the test methods and procedures in Sec. 
63.365(d)(2).
    (d) [Reserved]
    (e) For facilities complying with the emissions limits under Sec. 
63.362 with a control technology other than acid-water scrubbers or 
catalytic or thermal oxidizers, the owner or operator of the facility 
shall provide to the Administrator or delegated authority information 
describing the design and operation of the air pollution control system, 
including recommendations for the operating parameters to be monitored 
to demonstrate continuous compliance. Based on this information, the 
Administrator will determine the operating parameter(s) to be measured 
during the performance test. During the performance test required in 
paragraph (a) of this section, using the methods approved in Sec. 
63.365(g), the owner or operator shall determine the site-specific 
operating limit(s)for the operating parameters approved by the 
Administrator.
    (f) A facility must demonstrate continuous compliance with each 
operating limit and work practice standard required under this section, 
except during periods of startup, shutdown, and malfunction, according 
to the methods specified in Sec. 63.364.

[66 FR 55583, Nov. 2, 2001]



Sec. 63.364  Monitoring requirements.

    (a)(1) The owner or operator of a source subject to emissions 
standards in Sec. 63.362 shall comply with the monitoring requirements 
in Sec. 63.8 of subpart A of this part, according to the applicability 
in Table 1 of Sec. 63.360, and in this section.
    (2) Each owner or operator of an ethylene oxide sterilization 
facility subject to these emissions standards shall monitor the 
parameters specified in this section. All monitoring equipment shall be 
installed such that representative measurements of emissions or process 
parameters from the source are obtained. For monitoring equipment 
purchased from a vendor, verification of the operational status of the 
monitoring equipment shall include completion of the manufacturer's 
written specifications or recommendations for installation, operation, 
and calibration of the system.
    (b) For sterilization facilities complying with Sec. 63.363(b) or 
(d) through the use of an acid-water scrubber, the owner or operator 
shall either:
    (1) Sample the scrubber liquor and analyze and record once per week 
the ethylene glycol concentration of the scrubber liquor using the test 
methods and procedures in Sec. 63.365(e)(1). Monitoring is required 
during a week only if the scrubber unit has been operated; or
    (2) Measure and record once per week the level of the scrubber 
liquor in the recirculation tank. The owner or operator shall install, 
maintain, and use a liquid level indicator to measure the

[[Page 508]]

scrubber liquor tank level (i.e., a marker on the tank wall, a dipstick, 
a magnetic indicator, etc.). Monitoring is required during a week only 
if the scrubber unit has been operated.
    (c) For sterilization facilities complying with Sec. 63.363(b) or 
(c) through the use of catalytic oxidation or thermal oxidation, the 
owner or operator shall either comply with Sec. 63.364(e) or 
continuously monitor and record the oxidation temperature at the outlet 
to the catalyst bed or at the exhaust point from the thermal combustion 
chamber using the temperature monitor described in paragraph (c)(4) of 
this section. Monitoring is required only when the oxidation unit is 
operated. From 15-minute or shorter period temperature values, a data 
acquisition system for the temperature monitor shall compute and record 
a daily average oxidation temperature. Strip chart data shall be 
converted to record a daily average oxidation temperature each day any 
instantaneous temperature recording falls below the minimum temperature.
    (1)-(3) [Reserved]
    (4) The owner or operator shall install, calibrate, operate, and 
maintain a temperature monitor accurate to within 5.6 [deg]C (10 [deg]F) to measure 
the oxidation temperature. The owner or operator shall verify the 
accuracy of the temperature monitor twice each calendar year with a 
reference temperature monitor (traceable to National Institute of 
Standards and Technology (NIST) standards or an independent temperature 
measurement device dedicated for this purpose). During accuracy 
checking, the probe of the reference device shall be at the same 
location as that of the temperature monitor being tested. As an 
alternative, the accuracy temperature monitor may be verified in a 
calibrated oven (traceable to NIST standards).
    (d) For sterilization facilities complying with Sec. 63.363(b) or 
(c) through the use of a control device other than acid-water scrubbers 
or catalytic or thermal oxidizers, the owner or operator shall monitor 
the parameters as approved by the Administrator using the methods and 
procedures in Sec. 63.365(g).
    (e) Measure and record once per hour the ethylene oxide 
concentration at the outlet to the atmosphere after any control device 
according to the procedures specified in Sec. 63.365(c)(1). The owner 
or operator shall compute and record a 24-hour average daily. The owner 
or operator will install, calibrate, operate, and maintain a monitor 
consistent with the requirements of performance specification (PS) 8 or 
9 in 40 CFR part 60, appendix B, to measure ethylene oxide. The daily 
calibration requirements of section 7.2 of PS 9 or section 2.3 of PS 8 
are required only on days when ethylene oxide emissions are vented to 
the control device.
    (f) [Reserved]

[59 FR 62589, Dec. 6, 1994, as amended at 66 FR 55584, Nov. 2, 2001]



Sec. 63.365  Test methods and procedures.

    (a) Performance testing. The owner or operator of a source subject 
to the emissions standards in Sec. 63.362 shall comply with the 
performance testing requirements in Sec. 63.7 of subpart A of this 
part, according to the applicability in Table 1 of Sec. 63.360, and in 
this section.
    (b) Efficiency at the sterilization chamber vent. The following 
procedures shall be used to determine the efficiency of all types of 
control devices used to comply with Sec. 63.362(c), sterilization 
chamber vent standard.
    (1) First evacuation of the sterilization chamber. These procedures 
shall be performed on an empty sterilization chamber, charged with a 
typical amount of ethylene oxide, for the duration of the first 
evacuation under normal operating conditions (i.e., sterilization 
pressure and temperature).
    (i) The amount of ethylene oxide loaded into the sterilizer 
(Wc) shall be determined by either:
    (A) Weighing the ethylene oxide gas cylinder(s) used to charge the 
sterilizer before and after charging. Record these weights to the 
nearest 45 g (0.1 lb). Multiply the total mass of gas charged by the 
weight percent ethylene oxide present in the gas.
    (B) Installing calibrated rotameters at the sterilizer inlet and 
measuring flow rate and duration of sterilizer charge. Use the following 
equation to

[[Page 509]]

convert flow rate to weight of ethylene oxide:
[GRAPHIC] [TIFF OMITTED] TR06DE94.024

where:

Wc=weight of ethylene oxide charged, g (lb)
Fv=volumetric flow rate, liters per minute (L/min) corrected 
          to 20 [deg]C and 101.325 kilopascals (kPa) (scf per minute 
          (scfm) corrected to 68 [deg]F and 1 atmosphere of pressure 
          (atm)); the flowrate must be constant during time (t)
t=time, min
%EOV=volume fraction ethylene oxide
SV=standard volume, 24.05 liters per mole (L/mole)=22.414 L/mole ideal 
          gas law constant corrected to 20 [deg]C and 101.325 kPa 
          (385.32 scf per mole (scf/mole)=359 scf/mole ideal gas law 
          constant corrected to 68 [deg]F and 1 atm).
MW=molecular weight of ethylene oxide, 44.05 grams per gram-mole (g/g-
          mole) (44.05 pounds per pound-mole (lb/lb-mole)), or

    (C) Calculating the mass based on the conditions of the chamber 
immediately after it has been charged using the following equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.025

where:

P=chamber pressure, kPa (psia)
V=chamber volume, liters (L) (ft\3\)
R=gas constant, 8.313 L[middot]kPa/g-mole[middot](10.73 
          psia[middot]ft\3\/mole[deg]R)
T=temperature, K ([deg]R)

    Note: If the ethylene oxide concentration is in weight percent, use 
the following equation to calculate mole fraction:
[GRAPHIC] [TIFF OMITTED] TR06DE94.026

where:

WEO=weight percent of ethylene oxide
Wx=weight percent of compound in the balance of the mixture
MWx=molecular weight of compound in the balance gas mixture

    (ii) The residual mass of ethylene oxide in the sterilizer shall be 
determined by recording the chamber temperature, pressure, and volume 
after the completion of the first evacuation and using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.027

where:

Wr=weight of ethylene oxide remaining in chamber (after the 
          first evacuation), in g (lb)

    (iii) Calculate the total mass of ethylene oxide at the inlet to the 
control device (Wi) by subtracting the residual mass 
(Wr) calculated in paragraph (b)(1)(ii) of this section from 
the charged weight (Wc) calculated in paragraph (b)(1)(i) of 
this section.
    (iv) The mass of ethylene oxide emitted from the control device 
outlet (Wo) shall be calculated by continuously monitoring 
the flow rate and concentration using the following procedure.
    (A) Measure the flow rate through the control device exhaust 
continuously during the first evacuation using the procedure found in 40 
CFR part 60, appendix A, Test Methods 2, 2A, 2C, or 2D, as appropriate. 
(Method 2D (using orifice plates or Rootstype meters) is recommended for 
measuring flow rates from sterilizer control devices.) Record the flow 
rate at 1-minute intervals throughout the test cycle, taking the first 
reading within 15 seconds after time zero. Time zero is defined as the 
moment when the pressure in the sterilizer is released. Correct the flow 
to standard conditions (20 [deg]C and 101.325 kPa (68 [deg]F and 1 atm)) 
and determine the flow rate for the run as outlined in the test methods 
listed in paragraph (b) of this section.
    (B) Test Method 18 or 25A, 40 CFR part 60, appendix A (hereafter 
referred to as Method 18 or 25A, respectively), shall be used to measure 
the concentration of ethylene oxide.
    (1) Prepare a graph of volumetric flow rate versus time 
corresponding to the period of the run cycle. Integrate the area under 
the curve to determine the volume.
    (2) Calculate the mass of ethylene oxide by using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR02NO01.002

Where:

Wo = Mass of ethylene oxide, g (lb)
C = concentration of ethylene oxide in ppmv

[[Page 510]]

V = volume of gas exiting the control device corrected to standard 
          conditions, L (ft\3\)
1/10\6\ = correction factor LEO/10\6\ LTOTAL GAS 
          (ft\3\EO/10\6\ ft\3\TOTAL GAS)

    (3) Calculate the efficiency by the equation in paragraph (b)(1)(v) 
of this section.
    (C) [Reserved]
    (v) Determine control device efficiency (% Eff) using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.030

where:

% Eff = percent efficiency
Wi = mass flow rate into the control device
Wo = mass flow rate out of the control device

    (vi) Repeat the procedures in paragraphs (b)(1) (i) through (v) of 
this section three times. The arithmetic average percent efficiency of 
the three runs shall determine the overall efficiency of the control 
device.
    (2) [Reserved]
    (c) Concentration determination. The following procedures shall be 
used to determine the ethylene oxide concentration.
    (1) Parameter monitoring. For determining the ethylene oxide 
concentration required in Sec. 63.364(e), follow the procedures in PS 8 
or PS 9 in 40 CFR part 60, appendix B. Sources complying with PS 8 are 
exempt from the relative accuracy procedures in sections 2.4 and 3 of 
PS-8.
    (2) Initial compliance. For determining the ethylene oxide 
concentration required in Sec. 63.363(c)(2), the procedures outlined in 
Method 18 or Method 25 A (40 CFR part 60, appendix A) shall be used. A 
Method 18 or Method 25A test consists of three 1-hour runs. If using 
Method 25A to determine concentration, calibrate and report Method 25A 
instrument results using ethylene oxide as the calibration gas. The 
arithmetic average of the ethylene oxide concentration of the three test 
runs shall determine the overall outlet ethylene oxide concentration 
from the control device.
    (d) Efficiency determination at the aeration room vent (not 
manifolded). The following procedures shall be used to determine the 
efficiency of a control device used to comply with Sec. 63.362(d), the 
aeration room vent standard.
    (1) Determine the concentration of ethylene oxide at the inlet and 
outlet of the control device using the procedures in Method 18 or 25A in 
40 CFR part 60, appendix A. A test is comprised of three 1-hour runs.
    (2) Determine control device efficiency (% Eff) using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR02NO01.001

Where:

% Eff = percent efficiency
Wi = mass flow rate into the control device
WO = mass flow rate out of the control device

    (3) Repeat the procedures in paragraphs (d)(1) and (2) of this 
section three times. The arithmetic average percent efficiency of the 
three runs shall determine the overall efficiency of the control device.
    (e) Determination of baseline parameters for acid-water scrubbers. 
The procedures in this paragraph shall be used to determine the 
monitored parameters established in Sec. 63.363(b), (d), or (e) for 
acid-water scrubbers and to monitor the parameters as established in 
Sec. 63.364(b).
    (1) Ethylene glycol concentration. For determining the ethylene 
glycol concentration, the facility owner or operator shall establish the 
maximum ethylene glycol concentration as the ethylene glycol 
concentration averaged over three test runs; the sampling and analysis 
procedures in ASTM D 3695-88, Standard Test Method for Volatile Alcohols 
in Water By Direct Aqueous-Injection Gas Chromatography, (incorporated 
by reference--see Sec. 63.14) shall be used to determine the ethylene 
glycol concentration.
    (2) Scrubber liquor tank level. For determining the scrubber liquor 
tank level, the sterilization facility owner or operator shall establish 
the maximum liquor tank level based on a single measurement of the 
liquor tank level during one test run.
    (f) [Reserved]
    (g) An owner or operator of a sterilization facility seeking to 
demonstrate compliance with the standards found at Sec. 63.362(c), (d), 
or (e) with

[[Page 511]]

a control device other than an acid-water scrubber or catalytic or 
thermal oxidation unit shall provide to the Administrator the 
information requested under Sec. 63.363(f). The owner or operator shall 
submit: a description of the device; test results collected in 
accordance with Sec. 63.363(f) verifying the performance of the device 
for controlling ethylene oxide emissions to the atmosphere to the levels 
required by the applicable standards; the appropriate operating 
parameters that will be monitored; and the frequency of measuring and 
recording to establish continuous compliance with the standards. The 
monitoring plan submitted identifying the compliance monitoring is 
subject to the Administrator's approval. The owner or operator of the 
sterilization facility shall install, calibrate, operate, and maintain 
the monitor(s) approved by the Administrator based on the information 
submitted by the owner or operator. The owner or operator shall include 
in the information submitted to the Administrator proposed performance 
specifications and quality assurance procedures for their monitors. The 
Administrator may request further information and shall approve 
appropriate test methods and procedures.
    (h) An owner or operator of a sterilization facility seeking to 
demonstrate compliance with the requirements of Sec. 63.363 or Sec. 
63.364, with a monitoring device or procedure other than a gas 
chromatograph or a flame ionization analyzer, shall provide to the 
Administrator information describing the operation of the monitoring 
device or procedure and the parameter(s) that would demonstrate 
continuous compliance with each operating limit. The Administrator may 
request further information and will specify appropriate test methods 
and procedures.

[59 FR 62589, Dec. 6, 1994, as amended at 66 FR 55584, Nov. 2, 2001]



Sec. 63.366  Reporting requirements.

    (a) The owner or operator of a source subject to the emissions 
standards in Sec. 63.362 shall fulfill all reporting requirements in 
Sec. Sec. 63.10(a), (d), (e), and (f) of subpart A, according to the 
applicability in Table 1 of Sec. 63.360. These reports will be made to 
the Administrator at the appropriate address identified in Sec. 63.13 
of subpart A of this part.
    (1) Reports required by subpart A and this section may be sent by 
U.S. mail, fax, or by another courier.
    (i) Submittals sent by U.S. mail shall be postmarked on or before 
the specified date.
    (ii) Submittals sent by other methods shall be received by the 
Administrator on or before the specified date.
    (2) If acceptable to both the Administrator and the owner or 
operator of a source, reports may be submitted on electronic media.
    (3) Content and submittal dates for deviations and monitoring system 
performance reports. All deviations and monitoring system performance 
reports and all summary reports, if required per Sec. 63.10(e)(3)(vii) 
and (viii), shall be delivered or postmarked within 30 days following 
the end of each calendar half or quarter as appropriate (see Sec. 
63.10(e)(3)(i) through (iv) for applicability). Written reports of 
deviations from an operating limit shall include all information 
required in Sec. 63.10(c)(5) through (13), as applicable in Table 1 of 
Sec. 63.360, and information from any calibration tests in which the 
monitoring equipment is not in compliance with PS 9 or the method used 
for temperature calibration. The written report shall also include the 
name, title, and signature of the responsible official who is certifying 
the accuracy of the report. When no deviations have occurred or 
monitoring equipment has not been inoperative, repaired, or adjusted, 
such information shall be stated in the report.
    (b) Construction and reconstruction. The owner or operator of each 
source using 10 tons shall fulfill all requirements for construction or 
reconstruction of a source in Sec. 63.5 of subpart A of this part, 
according to the applicability in Table 1 of Sec. 63.360, and in this 
paragraph.
    (1) Applicability. (i) This paragraph and Sec. 63.5 of subpart A of 
this part implement the preconstruction review requirements of section 
112(i)(1) for sources subject to these emissions standards. In addition, 
this paragraph and Sec. 63.5 of subpart A of this part include other 
requirements for constructed and reconstructed sources

[[Page 512]]

that are or become subject to these emissions standards.
    (ii) After the effective date, the requirements in this section and 
in Sec. 63.5 of subpart A of this part apply to owners or operators who 
construct a new source or reconstruct a source subject to these 
emissions standards after December 6, 1994. New or reconstructed sources 
subject to these emissions standards with an initial startup date before 
the effective date are not subject to the preconstruction review 
requirements specified in paragraphs (b) (2) and (3) of this section and 
Sec. 63.5(d) (3) and (4) and (e) of subpart A of this part.
    (2) After the effective date, whether or not an approved permit 
program is effective in the State in which a source is (or would be) 
located, no person may construct a new source or reconstruct a source 
subject to these emissions standards, or reconstruct a source such that 
the source becomes a source subject to these emissions standards, 
without obtaining advance written approval from the Administrator in 
accordance with the procedures specified in paragraph (b)(3) of this 
section and Sec. 63.5(d) (3) and (4) and (e) of subpart A of this part.
    (3) Application for approval of construction or reconstruction. The 
provisions of paragraph (b)(3) of this section and Sec. 63.5(d) (3) and 
(4) of subpart A of this part implement section 112(i)(1) of the Act.
    (i) General application requirements. (A) An owner or operator who 
is subject to the requirements of paragraph (b)(2) of this section shall 
submit to the Administrator an application for approval of the 
construction of a new source subject to these emissions standards, the 
reconstruction of a source subject to these emissions standards, or the 
reconstruction of a source such that the source becomes a source subject 
to these emissions standards. The application shall be submitted as soon 
as practicable before the construction or reconstruction is planned to 
commence (but not sooner than the effective date) if the construction or 
reconstruction commences after the effective date. The application shall 
be submitted as soon as practicable before the initial startup date but 
no later than 60 days after the effective date if the construction or 
reconstruction had commenced and the initial startup date had not 
occurred before the effective date. The application for approval of 
construction or reconstruction may be used to fulfill the initial 
notification requirements of paragraph (c)(1)(iii) of this section. The 
owner or operator may submit the application for approval well in 
advance of the date construction or reconstruction is planned to 
commence in order to ensure a timely review by the Administrator and 
that the planned commencement date will not be delayed.
    (B) A separate application shall be submitted for each construction 
or reconstruction. Each application for approval of construction or 
reconstruction shall include at a minimum:
    (1) The applicant's name and address.
    (2) A notification of intention to construct a new source subject to 
these emissions standards or make any physical or operational change to 
a source subject to these emissions standards that may meet or has been 
determined to meet the criteria for a reconstruction, as defined in 
Sec. 63.2 of subpart A of this part.
    (3) The address (i.e., physical location) or proposed address of the 
source.
    (4) An identification of the relevant standard that is the basis of 
the application.
    (5) The expected commencement date of the construction or 
reconstruction.
    (6) The expected completion date of the construction or 
reconstruction.
    (7) The anticipated date of (initial) startup of the source.
    (8) The type and quantity of hazardous air pollutants emitted by the 
source, reported in units and averaging times and in accordance with the 
test methods specified in the standard, or if actual emissions data are 
not yet available, an estimate of the type and quantity of hazardous air 
pollutants expected to be emitted by the source reported in units and 
averaging times specified. The owner or operator may submit percent 
reduction information, if the standard is established in terms of 
percent reduction. However, operating parameters, such as flow rate, 
shall be included in the submission to

[[Page 513]]

the extent that they demonstrate performance and compliance.
    (9) Other information as specified in paragraph (b)(3)(ii) of this 
section and Sec. 63.5(d)(3) of subpart A of this part.
    (C) An owner or operator who submits estimates or preliminary 
information in place of the actual emissions data and analysis required 
in paragraphs (b)(3)(i)(B)(8) and (ii) of this section shall submit the 
actual, measured emissions data and other correct information as soon as 
available but no later than with the notification of compliance status 
required in paragraph (c)(2) of this section.
    (ii) Application for approval of construction. Each application for 
approval of construction shall include, in addition to the information 
required in paragraph (b)(3)(i)(B) of this section, technical 
information describing the proposed nature, size, design, operating 
design capacity, and method of operation of the source subject to these 
emissions standards, including an identification of each point of 
emission for each hazardous air pollutant that is emitted (or could be 
emitted) and a description of the planned air pollution control system 
(equipment or method) for each emission point. The description of the 
equipment to be used for the control of emissions shall include each 
control device for each hazardous air pollutant and the estimated 
control efficiency (percent) for each control device. The description of 
the method to be used for the control of emissions shall include an 
estimated control efficiency (percent) for that method. Such technical 
information shall include calculations of emission estimates in 
sufficient detail to permit assessment of the validity of the 
calculations. An owner or operator who submits approximations of control 
efficiencies under paragraph (b)(3) of this section shall submit the 
actual control efficiencies as specified in paragraph (b)(3)(i)(C) of 
this section.
    (4) Approval of construction or reconstruction based on prior State 
preconstruction review. (i) The Administrator may approve an application 
for construction or reconstruction specified in paragraphs (b)(2) and 
(3) of this section and Sec. 63.5(d)(3) and (4) of subpart A of this 
part if the owner or operator of a new or reconstructed source who is 
subject to such requirement demonstrates to the Administrator's 
satisfaction that the following conditions have been (or will be) met:
    (A) The owner or operator of the new or reconstructed source subject 
to these emissions standards has undergone a preconstruction review and 
approval process in the State in which the source is (or would be) 
located before the effective date and has received a federally 
enforceable construction permit that contains a finding that the source 
will meet these emissions standards as proposed, if the source is 
properly built and operated;
    (B) In making its finding, the State has considered factors 
substantially equivalent to those specified in Sec. 63.5(e)(1) of 
subpart A of this part.
    (ii) The owner or operator shall submit to the Administrator the 
request for approval of construction or reconstruction no later than the 
application deadline specified in paragraph (b)(3)(i) of this section. 
The owner or operator shall include in the request information 
sufficient for the Administrator's determination. The Administrator will 
evaluate the owner or operator's request in accordance with the 
procedures specified in Sec. 63.5 of subpart A of this part. The 
Administrator may request additional relevant information after the 
submittal of a request for approval of construction or reconstruction.
    (c) Notification requirements. The owner or operator of each source 
subject to the emissions standards in Sec. 63.362 shall fulfill all 
notification requirements in Sec. 63.9 of subpart A of this part, 
according to the applicability in Table 1 of Sec. 63.360, and in this 
paragraph.
    (1) Initial notifications. (i)(A) If a source that otherwise would 
be subject to these emissions standards subsequently increases its use 
of ethylene oxide within any consecutive 12-month period after December 
6, 1996, such that the source becomes subject to these emissions 
standards or other requirements, such source shall be subject to the 
notification requirements of Sec. 63.9 of subpart A of this part.

[[Page 514]]

    (B) Sources subject to these emissions standards may use the 
application for approval of construction or reconstruction under 
paragraph (b)(3)(ii) of this section and Sec. 63.5(d) (3) of subpart A 
of this part, respectively, if relevant to fulfill the initial 
notification requirements.
    (ii) The owner or operator of a new or reconstructed source subject 
to these emissions standards that has an initial startup date after the 
effective date and for which an application for approval of construction 
or reconstruction is required under paragraph (b)(3) of this section and 
Sec. 63.5(d) (3) and (4) of subpart A of this part shall provide the 
following information in writing to the Administrator:
    (A) A notification of intention to construct a new source subject to 
these emissions standards, reconstruct a source subject to these 
emissions standards, or reconstruct a source such that the source 
becomes a source subject to these emissions standards with the 
application for approval of construction or reconstruction as specified 
in paragraph (b)(3)(i)(A) of this section;
    (B) A notification of the date when construction or reconstruction 
was commenced, submitted simultaneously with the application for 
approval of construction or reconstruction, if construction or 
reconstruction was commenced before the effective date of these 
standards;
    (C) A notification of the date when construction or reconstruction 
was commenced, delivered or postmarked not later than 30 days after such 
date, if construction or reconstruction was commenced after the 
effective date of these standards;
    (D) A notification of the anticipated date of startup of the source, 
delivered or postmarked not more than 60 days nor less than 30 days 
before such date; and
    (E) A notification of the actual date of initial startup of the 
source, delivered or postmarked within 15 calendar days after that date.
    (iii) After the effective date, whether or not an approved permit 
program is effective in the State in which a source subject to these 
emissions standards is (or would be) located, an owner or operator who 
intends to construct a new source subject to these emissions standards 
or reconstruct a source subject to these emissions standards, or 
reconstruct a source such that it becomes a source subject to these 
emissions standards, shall notify the Administrator in writing of the 
intended construction or reconstruction. The notification shall be 
submitted as soon as practicable before the construction or 
reconstruction is planned to commence (but no sooner than the effective 
date of these standards) if the construction or reconstruction commences 
after the effective date of the standard. The notification shall be 
submitted as soon as practicable before the initial startup date but no 
later than 60 days after the effective date of this standard if the 
construction or reconstruction had commenced and the initial startup 
date has not occurred before the standard's effective date. The 
notification shall include all the information required for an 
application for approval of construction or reconstruction as specified 
in paragraph (b)(3) of this section and Sec. 63.5(d)(3) and (4) of 
subpart A of this part. For sources subject to these emissions 
standards, the application for approval of construction or 
reconstruction may be used to fulfill the initial notification 
requirements of Sec. 63.9 of subpart A of this part.
    (2) If an owner or operator of a source subject to these emissions 
standards submits estimates or preliminary information in the 
application for approval of construction or reconstruction required in 
paragraph (b)(3)(ii) of this section and Sec. 63.5(d)(3) of subpart A 
of this part, respectively, in place of the actual emissions data or 
control efficiencies required in paragraphs (b)(3)(i)(B)(8) and (ii) of 
this section, the owner or operator shall submit the actual emissions 
data and other correct information as soon as available but no later 
than with the initial notification of compliance status.
    (3) The owner or operator of any existing sterilization facility 
subject to this subpart shall also include the amount of ethylene oxide 
used during the previous consecutive 12-month period in the initial 
notification report required by Sec. 63.9(b)(2) and (3) of subpart A of 
this part. For new sterilization facilities subject to this subpart,

[[Page 515]]

the amount of ethylene oxide used shall be an estimate of expected use 
during the first consecutive 12-month period of operation.

[59 FR 62589, Dec. 6, 1994, as amended at 66 FR 55585, Nov. 2, 2001]



Sec. 63.367  Recordkeeping requirements.

    (a) The owner or operator of a source subject to Sec. 63.362 shall 
comply with the recordkeeping requirements in Sec. 63.10(b) and (c), 
according to the applicability in Table 1 of Sec. 63.360, and in this 
section. All records required to be maintained by this subpart or a 
subpart referenced by this subpart shall be maintained in such a manner 
that they can be readily accessed and are suitable for inspection. The 
most recent 2 years of records shall be retained onsite or shall be 
accessible to an inspector while onsite. The records of the preceding 3 
years, where required, may be retained offsite. Records may be 
maintained in hard copy or computer-readable form including, but not 
limited to, on paper, microfilm, computer, computer disk, magnetic tape, 
or microfiche.
    (b) The owners or operators of a source using 1 to 10 tons not 
subject to Sec. 63.362 shall maintain records of ethylene oxide use on 
a 12-month rolling average basis (until the source changes its 
operations to become a source subject to Sec. 63.362).
    (c) The owners or operators of a source using less than 1 ton shall 
maintain records of ethylene oxide use on a 12-month rolling average 
basis (until the source changes its operations to become a source 
subject to Sec. 63.362).
    (d) The owners or operators complying with Sec. 63.363(b) (4) shall 
maintain records of the compliance test, data analysis, and if catalyst 
is replaced, proof of replacement.

[66 FR 55585, Nov. 2, 2001]



Sec. 63.368  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.360 and 63.362.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37348, June 23, 2003]

Subpart P [Reserved]



 Subpart Q_National Emission Standards for Hazardous Air Pollutants for 

                    Industrial Process Cooling Towers

    Source: 59 FR 46350, Sept. 8, 1994, unless otherwise noted.



Sec. 63.400  Applicability.

    (a) The provisions of this subpart apply to all new and existing 
industrial process cooling towers that are operated with chromium-based 
water treatment chemicals and are either major sources or are integral 
parts of facilities that are major sources as defined in Sec. 63.401.
    (b) Table 1 of this subpart specifies the provisions of subpart A 
that apply and those that do not apply to owners

[[Page 516]]

and operators of IPCT's subject to this subpart.

[59 FR 46350, Sept. 8, 1994, as amended at 71 FR 17738, Apr. 7, 2006]



Sec. 63.401  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section as follows:
    Chromium-based water treatment chemicals means any combination of 
chemical substances containing chromium used to treat water.
    Commenced means, with respect to construction or reconstruction of 
an IPCT, that an owner or operator has undertaken a continuous program 
of construction or reconstruction or that an owner or operator has 
entered into a contractual obligation to undertake and complete, within 
a reasonable time, a continuous program of construction or 
reconstruction.
    Compliance date means the date by which an affected IPCT is required 
to be in compliance with this subpart.
    Construction means the on-site fabrication, erection, or 
installation of an IPCT.
    Cooling tower means an open water recirculating device that uses 
fans or natural draft to draw or force ambient air through the device to 
cool warm water by direct contact.
    Effective date means September 8, 1994, for this subpart.
    Existing IPCT means any affected IPCT that is not a new IPCT.
    Industrial process cooling tower, also written as ``IPCT,'' means 
any cooling tower that is used to remove heat that is produced as an 
input or output of a chemical or industrial process(es), as well as any 
cooling tower that cools industrial processes in combination with any 
heating, ventilation, or air conditioning system.
    Initial startup means the initiation of recirculation water flow 
within the cooling tower.
    Major source means any stationary source or group of stationary 
sources located within a contiguous area and under common control that 
emits or has the potential to emit considering controls, in the 
aggregate, 10 tons per year or more of any hazardous air pollutant or 25 
tons per year or more of any combination of hazardous air pollutants.
    New IPCT means any affected IPCT the construction or reconstruction 
of which commenced after August 12, 1993.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises an IPCT.
    Potential to emit means the maximum capacity of a stationary source 
to emit a pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of the stationary 
source to emit a pollutant, including air pollution control equipment 
and restrictions on hours of operation or on the type or amount of 
material combusted, stored, or processed, shall be treated as part of 
its design if the limitation or the effect it would have on emissions is 
federally enforceable.
    Reconstruction means the replacement of components of an affected or 
a previously unaffected IPCT to such an extent that the fixed capital 
cost of the new components exceeds 50 percent of the fixed capital cost 
that would be required to construct a comparable new IPCT.
    Responsible official means one of the following:
    (1) For a corporation: a president, secretary, treasurer, or vice 
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representative is approved 
in advance by the Administrator.
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively.
    (3) For a municipality, State, Federal, or other public agency: 
either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer

[[Page 517]]

of a Federal agency includes the chief executive officer having 
responsibility for the overall operations of a principal geographic unit 
of the agency (e.g., a Regional Administrator of the EPA).
    (4) For affected sources (as defined in this part) applying for or 
subject to a title V permit: ``responsible official'' shall have the 
same meaning as defined in part 70 of this chapter or Federal title V 
regulations (42 U.S.C. 7661), whichever is applicable.
    Water treatment chemicals means any combination of chemical 
substances used to treat water in cooling towers, including corrosion 
inhibitors, antiscalants, dispersants, and any other chemical substances 
used to treat water.



Sec. 63.402  Standard.

    No owner or operator of an IPCT shall use chromium-based water 
treatment chemicals in any affected IPCT.



Sec. 63.403  Compliance dates.

    The requirements of Sec. 63.402 of this subpart shall be applied on 
the following schedule:
    (a) For existing IPCT's, the compliance date shall be 18 months 
after September 8, 1994.
    (b) For new IPCT's that have an initial startup before September 8, 
1994, the compliance date shall be September 8, 1994.
    (c) For new IPCT's that have an initial startup on or after 
September 8, 1994, the compliance date shall be the date of the initial 
startup.



Sec. 63.404  Compliance demonstrations.

    No routine monitoring, sampling, or analysis is required. In 
accordance with section 114 of the Act, the Administrator or delegated 
authority can require cooling water sample analysis of an IPCT if there 
is information to indicate that the IPCT is not in compliance with the 
requirements of Sec. 63.402 of this subpart. The owner or operator of 
an IPCT may demonstrate compliance through recordkeeping in accordance 
with paragraph (c) of this section in lieu of a water sample analysis. 
If cooling water sample analysis is required:
    (a) The water sample analysis shall be conducted in accordance with 
Method 7196, Chromium, Hexavalent (Colorimetric), contained in the Third 
Edition of ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication SW-846, (November 1986) and its Revision I, 
(December 1987), which are available for the cost of $110.00 from the 
Government Printing Office, Superintendent of Documents, Washington, DC 
20402, (202) 783-3238 (document number 955-001-00000-1; or Method 3500-
Cr D, Colorimetric Method, contained in the 18th Edition of ``Standard 
Methods for the Examination of Water and Wastewaster'' (1992), which is 
available from the American Public Health Association, 1015 15th Street, 
NW., Washington, DC 20005. These methods were approved for incorporation 
by reference by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected as a part of 
Docket A-91-65, located at the Air and Radiation Docket and Information 
Center, room M1500, EPA Central Docket Section, 401 M St., SW., 
Washington, DC. Copies may be inspected at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (b) On or after 3 months after the compliance date, a cooling water 
sample residual hexavalent chromium concentration equal to or less than 
0.5 parts per million by weight shall indicate compliance with Sec. 
63.402. Alternatively, an owner or operator may demonstrate compliance 
through record keeping in accordance with paragraph (c).
    (c) To demonstrate compliance with Sec. 63.402, in lieu of the 
water sample analysis provided for in paragraph (a) of this section, the 
owner or operator of each IPCT may maintain records of water treatment 
chemical purchases, including invoices and other documentation that 
includes invoices and other documentation that includes date(s) of 
purchase or shipment, trade name or other information to identify 
composition of the product, and quantity of the product.

[[Page 518]]

    (d) Following a request, by the Administrator or delegated 
authority, under paragraph (a) for a water sample analysis, failure to 
either meet the concentration level specified in paragraph (b) or 
provide the records specified in paragraph (c) shall indicate a 
violation of Sec. 63.402.

[59 FR 46350, Sept. 8, 1994, as amended at 63 FR 39519, July 23, 1998; 
69 FR 18803, Apr. 9, 2004]



Sec. 63.405  Notification requirements.

    (a) Initial notification. (1) In accordance with Sec. 63.9(b) of 
subpart A, owners or operators of all affected IPCT's that have an 
initial startup before September 8, 1994, shall notify the Administrator 
in writing. The notification, which shall be submitted not later than 12 
months after September 8, 1994, shall provide the following information:
    (i) The name and address of the IPCT owner or operator;
    (ii) The address (i.e., physical location) of the affected IPCT;
    (iii) A statement that the notification is being submitted as 
required by this subpart; and
    (iv) A description of the type of water treatment program used in 
the affected IPCT, including the chemical name of each corrosion 
inhibitor ingredient used; the average concentration of those corrosion 
inhibitor ingredients maintained in the cooling water; and the material 
safety data sheet for each water treatment chemical or chemical compound 
used in the IPCT.
    (2) In accordance with Sec. 63.9(b) of subpart A, owners or 
operators of all affected IPCT's that have an initial startup on or 
after September 8, 1994, shall notify the Administrator in writing that 
the source is subject to the relevant standard no later than 12 months 
after initial startup. The notification shall provide all the 
information required in paragraphs (a)(1)(i) through (a)(1)(iv) of this 
section.
    (b) Notification of compliance status. (1) In accordance with Sec. 
63.9(h) of subpart A, owners or operators of affected IPCT's shall 
submit to the Administrator a notification of compliance status within 
60 days of the date on which the IPCT is brought into compliance with 
Sec. 63.402 of this subpart and not later than 18 months after 
September 8, 1994.
    (2) The notification of compliance status must:
    (i) Be signed by a responsible official who also certifies the 
accuracy of the report;
    (ii) Certify that source has complied with Sec. 63.402 of this 
subpart; and
    (iii) Include the information required in paragraph (a)(1)(iv) of 
this section.
    (iv) Include the following statement:

    I certify that no chromium-based water treatment chemicals have been 
introduced since (the initial compliance date) into any IPCT located 
within the facility for any purpose.



Sec. 63.406  Recordkeeping and reporting requirements.

    To demonstrate continuing compliance with Sec. 63.402 of this 
subpart, the owner or operator of each affected IPCT shall maintain 
copies of the initial notification and the notification of compliance 
status as required by Sec. 63.405 of this subpart for a period of at 
least 5 years onsite.



Sec. 63.407  Implementation and enforcement.

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

[[Page 519]]

    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.400 and 63.402 through 63.403.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37348, June 23, 2003]



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

                              to Subpart Q

------------------------------------------------------------------------
                                    Applies to
           Reference                Subpart Q             Comment
------------------------------------------------------------------------
63.1..........................  Yes..............
63.2..........................  Yes..............
63.3..........................  No...............
63.4..........................  Yes..............
63.5..........................  No...............
63.6 (a), (b), (c), and (j)...  Yes..............
63.6 (d), (e), (f), (g), (h),   No...............
 and (i).
63.7..........................  No...............
63.8..........................  No...............
63.9 (a), (b)(1), (b)(3), (c),  Yes..............
 (h)(1), (h)(3), (h)(6), and
 (j).
63.9 (b)(2), (b)(4), (b)(5),    No...............  Requirements for
 (b)(6), (d), (e), (f), (g),                        initial
 (h)(2), (h)(4), (h)(5).                            notifications and
                                                    notifications of
                                                    compliance status
                                                    are specified in
                                                    Sec.  63.405(a) and
                                                    Sec.  63.405(b),
                                                    respectively, of
                                                    subpart Q; other
                                                    provisions of
                                                    subpart A are not
                                                    relevant to IPCT's.
63.10 (a), (b)(1),              Yes..............  Section 63.406
 (b)(2)(xii), (b)(2)(xiv),                          requires an onsite
 (b)(3), (d), and (f).                              record retention of
                                                    5 years.
63.10 (b)(2) (i) to (xi), (c),  No...............
 and (e).
63.11.........................  No...............
63.12 to 63.15................  Yes..............
------------------------------------------------------------------------



    Subpart R_National Emission Standards for Gasoline Distribution 

   Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)

    Source: 59 FR 64318, Dec. 14, 1994, unless otherwise noted.



Sec. 63.420  Applicability.

    (a) The affected source to which the provisions of this subpart 
apply is each bulk gasoline terminal, except those bulk gasoline 
terminals:
    (1) For which the owner or operator has documented and recorded to 
the Administrator's satisfaction that the result, ET, of the 
following equation is less than 1, and complies with requirements in 
paragraphs (c), (d), (e), and (f) of this section:

ET=CF[0.59(TF)(1-CE)+0.17 
(TE)+0.08(TES)+0.038(TI)+8.5x10-
6(C)+KQ]+0.04(OE)

where:

ET = emissions screening factor for bulk gasoline terminals;
CF=0.161 for bulk gasoline terminals and pipeline breakout stations that 
          do not handle any reformulated or oxygenated gasoline 
          containing 7.6 percent by volume or greater methyl tert-butyl 
          ether (MTBE), OR
CF=1.0 for bulk gasoline terminals and pipeline breakout stations that 
          handle reformulated or oxygenated gasoline containing 7.6 
          percent by volume or greater MTBE;
CE=control efficiency limitation on potential to emit for the vapor 
          processing system used to control emissions from fixed-roof 
          gasoline storage vessels [value should be added in decimal 
          form (percent divided by 100)];
TF = total number of fixed-roof gasoline storage vessels 
          without an internal floating roof;
TE = total number of external floating roof gasoline storage 
          vessels with only primary seals;
TES = total number of external floating roof gasoline storage 
          vessels with primary and secondary seals;

[[Page 520]]

TI = total number of fixed-roof gasoline storage vessels with 
          an internal floating roof;
C = number of valves, pumps, connectors, loading arm valves, and open-
          ended lines in gasoline service;
Q=gasoline throughput limitation on potential to emit or gasoline 
          throughput limit in compliance with paragraphs (c), (d), and 
          (f) of this section (liters/day);
K = 4.52x10-6 for bulk gasoline terminals with uncontrolled 
          loading racks (no vapor collection and processing systems), OR
K = (4.5x10-9)(EF + L) for bulk gasoline terminals with 
          controlled loading racks (loading racks that have vapor 
          collection and processing systems installed on the emission 
          stream);
EF=emission rate limitation on potential to emit for the gasoline cargo 
          tank loading rack vapor processor outlet emissions (mg of 
          total organic compounds per liter of gasoline loaded);
OE=other HAP emissions screening factor for bulk gasoline terminals or 
          pipeline breakout stations (tons per year). OE equals the 
          total HAP from other emission sources not specified in 
          parameters in the equations for ET or 
          EP. If the value of 0.04(OE) is greater than 5 
          percent of either ET or EP, then 
          paragraphs (a)(1) and (b)(1) of this section shall not be used 
          to determine applicability;
L = 13 mg/l for gasoline cargo tanks meeting the requirement to satisfy 
          the test criteria for a vapor-tight gasoline tank truck in 
          Sec. 60.501 of this chapter, OR
L = 304 mg/l for gasoline cargo tanks not meeting the requirement to 
          satisfy the test criteria for a vapor-tight gasoline tank 
          truck in Sec. 60.501 of this chapter; or

    (2) For which the owner or operator has documented and recorded to 
the Administrator's satisfaction that the facility is not a major 
source, or is not located within a contiguous area and under common 
control of a facility that is a major source, as defined in Sec. 63.2 
of subpart A of this part.
    (b) The affected source to which the provisions of this subpart 
apply is each pipeline breakout station, except those pipeline breakout 
stations:
    (1) For which the owner or operator has documented and recorded to 
the Administrator's satisfaction that the result, EP, of the 
following equation is less than 1, and complies with requirements in 
paragraphs (c), (d), (e), and (f) of this section:

EP=CF [6.7(TF)(1-CE) + 0.21(TE) + 
0.093(TES) + 0.1(TI) + 5.31x10-6(C)) + 
0.04(OE);

where:

EP=emissions screening factor for pipeline breakout stations,
and the definitions for CF, TF, CE, TE, 
TES, TI, C, and OE are the same as provided in paragraph 
(a)(1) of this section; or

    (2) For which the owner or operator has documented and recorded to 
the Administrator's satisfaction that the facility is not a major 
source, or is not located within a contiguous area and under common 
control of a facility that is a major source, as defined in Sec. 63.2 
of subpart A of this part.
    (c) A facility for which the results, ET or 
EP, of the calculation in paragraph (a)(1) or (b)(1) of this 
section has been documented and is less than 1.0 but greater than or 
equal to 0.50, is exempt from the requirements of this subpart, except 
that the owner or operator shall:
    (1) Operate the facility such that none of the facility parameters 
used to calculate results under paragraph (a)(1) or (b)(1) of this 
section, and approved by the Administrator, is exceeded in any rolling 
30-day period; and
    (2) Maintain records and provide reports in accordance with the 
provisions of Sec. 63.428(i).
    (d) A facility for which the results, ET or 
EP, of the calculation in paragraph (a)(1) or (b)(1) of this 
section has been documented and is less than 0.50, is exempt from the 
requirements of this subpart, except that the owner or operator shall:
    (1) Operate the facility such that none of the facility parameters 
used to calculate results under paragraph (a)(1) or (b)(1) of this 
section is exceeded in any rolling 30-day period; and
    (2) Maintain records and provide reports in accordance with the 
provisions of Sec. 63.428(j).
    (e) The provisions of paragraphs (a)(1) and (b)(1) of this section 
shall not be used to determine applicability to bulk gasoline terminals 
or pipeline breakout stations that are either:
    (1) Located within a contiguous area and under common control with 
another bulk gasoline terminal or pipeline breakout station, or

[[Page 521]]

    (2) Located within a contiguous area and under common control with 
other sources not specified in paragraphs (a)(1) or (b)(1) of this 
section, that emit or have the potential to emit a hazardous air 
pollutant.
    (f) Upon request by the Administrator, the owner or operator of a 
bulk gasoline terminal or pipeline breakout station subject to the 
provisions of any paragraphs in this section including, but not limited 
to, the parameters and assumptions used in the applicable equation in 
paragraph (a)(1) or (b)(1) of this section, shall demonstrate compliance 
with those paragraphs.
    (g) Each owner or operator of a bulk gasoline terminal or pipeline 
breakout station subject to the provisions of this subpart that is also 
subject to applicable provisions of 40 CFR part 60, subpart Kb or XX of 
this chapter shall comply only with the provisions in each subpart that 
contain the most stringent control requirements for that facility.
    (h) Each owner or operator of an affected source bulk gasoline 
terminal or pipeline breakout station is subject to the provisions of 40 
CFR part 63, subpart A--General Provisions, as indicated in Table 1.
    (i) A bulk gasoline terminal or pipeline breakout station with a 
Standard Industrial Classification code 2911 located within a contiguous 
area and under common control with a refinery complying with subpart CC, 
Sec. Sec. 63.646, 63.648, 63.649, and 63.650 is not subject to subpart 
R standards, except as specified in subpart CC, Sec. 63.650.
    (j) Rules stayed for reconsideration. Notwithstanding any other 
provision of this subpart, the December 14, 1995 compliance date for 
existing facilities in Sec. 63.424(e) and Sec. 63.428(a), (i)(1), and 
(j)(1) of this subpart is stayed from December 8, 1995, to March 7, 
1996.

[59 FR 64318, Dec. 14, 1994, as amended at 60 FR 43260, Aug. 18, 1995; 
60 FR 62992, Dec. 8, 1995; 62 FR 9092, Feb. 28, 1997]



Sec. 63.421  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act; in subparts A, K, Ka, Kb, and XX of part 
60 of this chapter; or in subpart A of this part. All terms defined in 
both subpart A of part 60 of this chapter and subpart A of this part 
shall have the meaning given in subpart A of this part. For purposes of 
this subpart, definitions in this section supersede definitions in other 
parts or subparts.
    Bulk gasoline terminal means any gasoline facility which receives 
gasoline by pipeline, ship or barge, and has a gasoline throughput 
greater than 75,700 liters per day. Gasoline throughput shall be the 
maximum calculated design throughput as may be limited by compliance 
with an enforceable condition under Federal, State or local law and 
discoverable by the Administrator and any other person.
    Controlled loading rack, for the purposes of Sec. 63.420, means a 
loading rack equipped with vapor collection and processing systems that 
reduce displaced vapor emissions to no more than 80 milligrams of total 
organic compounds per liter of gasoline loaded, as measured using the 
test methods and procedures in Sec. 60.503 (a) through (c) of this 
chapter.
    Equipment means each valve, pump, pressure relief device, sampling 
connection system, open-ended valve or line, and flange or other 
connector in the gasoline liquid transfer and vapor collection systems. 
This definition also includes the entire vapor processing system except 
the exhaust port(s) or stack(s).
    Flare means a thermal oxidation system using an open (without 
enclosure) flame.
    Gasoline cargo tank means a delivery tank truck or railcar which is 
loading gasoline or which has loaded gasoline on the immediately 
previous load.
    In gasoline service means that a piece of equipment is used in a 
system that transfers gasoline or gasoline vapors.
    Limitation(s) on potential to emit means limitation(s) limiting a 
source's potential to emit as defined in Sec. 63.2 of subpart A of this 
part.
    Operating parameter value means a value for an operating or emission 
parameter of the vapor processing system (e.g., temperature) which, if 
maintained continuously by itself or in combination with one or more 
other operating parameter values, determines that an owner or operator 
has complied with the applicable emission

[[Page 522]]

standard. The operating parameter value is determined using the 
procedures outlined in Sec. 63.425(b).
    Oxygenated gasoline means the same as defined in 40 CFR 80.2(rr).
    Pipeline breakout station means a facility along a pipeline 
containing storage vessels used to relieve surges or receive and store 
gasoline from the pipeline for reinjection and continued transportation 
by pipeline or to other facilities.
    Reformulated gasoline means the same as defined in 40 CFR 80.2(ee).
    Thermal oxidation system means a combustion device used to mix and 
ignite fuel, air pollutants, and air to provide a flame to heat and 
oxidize hazardous air pollutants. Auxiliary fuel may be used to heat air 
pollutants to combustion temperatures.
    Uncontrolled loading rack means a loading rack used to load gasoline 
cargo tanks that is not a controlled loading rack.
    Vapor-tight gasoline cargo tank means a gasoline cargo tank which 
has demonstrated within the 12 preceding months that it meets the annual 
certification test requirements in Sec. 63.425(e), and which is subject 
at all times to the test requirements in Sec. 63.425 (f), (g), and (h).
    Volatile organic liquid (VOL) means, for the purposes of this 
subpart, gasoline.

[59 FR 64318, Dec. 14, 1994, as amended at 62 FR 9093, Feb. 28, 1997; 68 
FR 70965, Dec. 19, 2003]



Sec. 63.422  Standards: Loading racks.

    (a) Each owner or operator of loading racks at a bulk gasoline 
terminal subject to the provisions of this subpart shall comply with the 
requirements in Sec. 60.502 of this chapter except for paragraphs (b), 
(c), and (j) of that section. For purposes of this section, the term 
``affected facility'' used in Sec. 60.502 of this chapter means the 
loading racks that load gasoline cargo tanks at the bulk gasoline 
terminals subject to the provisions of this subpart.
    (b) Emissions to the atmosphere from the vapor collection and 
processing systems due to the loading of gasoline cargo tanks shall not 
exceed 10 milligrams of total organic compounds per liter of gasoline 
loaded.
    (c) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall comply with Sec. 60.502(e) of this 
chapter as follows:
    (1) For the purposes of this section, the term ``tank truck'' as 
used in Sec. 60.502(e) of this chapter means ``cargo tank.''
    (2) Section 60.502(e)(5) of this chapter is changed to read: The 
terminal owner or operator shall take steps assuring that the nonvapor-
tight gasoline cargo tank will not be reloaded at the facility until 
vapor tightness documentation for that gasoline cargo tank is obtained 
which documents that:
    (i) The tank truck or railcar gasoline cargo tank meets the test 
requirements in Sec. 63.425(e), or the railcar gasoline cargo tank 
meets applicable test requirements in Sec. 63.425(i);
    (ii) For each gasoline cargo tank failing the test in Sec. 63.425 
(f) or (g) at the facility, the cargo tank either:
    (A) Before repair work is performed on the cargo tank, meets the 
test requirements in Sec. 63.425 (g) or (h), or
    (B) After repair work is performed on the cargo tank before or 
during the tests in Sec. 63.425 (g) or (h), subsequently passes the 
annual certification test described in Sec. 63.425(e).
    (d) Each owner or operator shall meet the requirements in all 
paragraphs of this section as expeditiously as practicable, but no later 
than December 15, 1997, at existing facilities and upon startup for new 
facilities.
    (e) As an alternative to 40 CFR 60.502(h) and (i) as specified in 
paragraph (a) of this section, the owner or operator may comply with 
paragraphs (e)(1) and (2) of this section.
    (1) The owner or operator shall design and operate the vapor 
processing system, vapor collection system, and liquid loading equipment 
to prevent gauge pressure in the railcar gasoline cargo tank from 
exceeding the applicable test limits in Sec. 63.425(e) and (i) during 
product loading. This level is not to be exceeded when measured by the 
procedures specified in 40 CFR 60.503(d) of this chapter.
    (2) No pressure-vacuum vent in the bulk gasoline terminal's vapor 
processing system or vapor collection system may begin to open at a 
system

[[Page 523]]

pressure less than the applicable test limits in Sec. 63.425(e) or (i).

[59 FR 64318, Dec. 14, 1994; 60 FR 32913, June 26, 1995, as amended at 
68 FR 70965, Dec. 19, 2003]



Sec. 63.423  Standards: Storage vessels.

    (a) Each owner or operator of a bulk gasoline terminal or pipeline 
breakout station subject to the provisions of this subpart shall equip 
each gasoline storage vessel with a design capacity greater than or 
equal to 75 m\3\ according to the requirements in Sec. 60.112b(a) (1) 
through (4) of this chapter, except for the requirements in Sec. Sec. 
60.112b(a)(1) (iv) through (ix) and 60.112b(a)(2)(ii) of this chapter.
    (b) Each owner or operator shall equip each gasoline external 
floating roof storage vessel with a design capacity greater than or 
equal to 75 m\3\ according to the requirements in Sec. 
60.112b(a)(2)(ii) of this chapter if such storage vessel does not 
currently meet the requirements in paragraph (a) of this section.
    (c) Each gasoline storage vessel at existing bulk gasoline terminals 
and pipeline breakout stations shall be in compliance with the 
requirements in paragraphs (a) and (b) of this section as expeditiously 
as practicable, but no later than December 15, 1997. At new bulk 
gasoline terminals and pipeline breakout stations, compliance shall be 
achieved upon startup.



Sec. 63.424  Standards: Equipment leaks.

    (a) Each owner or operator of a bulk gasoline terminal or pipeline 
breakout station subject to the provisions of this subpart shall perform 
a monthly leak inspection of all equipment in gasoline service. For this 
inspection, detection methods incorporating sight, sound, and smell are 
acceptable. Each piece of equipment shall be inspected during the 
loading of a gasoline cargo tank.
    (b) A log book shall be used and shall be signed by the owner or 
operator at the completion of each inspection. A section of the log 
shall contain a list, summary description, or diagram(s) showing the 
location of all equipment in gasoline service at the facility.
    (c) Each detection of a liquid or vapor leak shall be recorded in 
the log book. When a leak is detected, an initial attempt at repair 
shall be made as soon as practicable, but no later than 5 calendar days 
after the leak is detected. Repair or replacement of leaking equipment 
shall be completed within 15 calendar days after detection of each leak, 
except as provided in paragraph (d) of this section.
    (d) Delay of repair of leaking equipment will be allowed upon a 
demonstration to the Administrator that repair within 15 days is not 
feasible. The owner or operator shall provide the reason(s) a delay is 
needed and the date by which each repair is expected to be completed.
    (e) Initial compliance with the requirements in paragraphs (a) 
through (d) of this section shall be achieved by existing sources as 
expeditiously as practicable, but no later than December 15, 1997. For 
new sources, initial compliance shall be achieved upon startup.
    (f) As an alternative to compliance with the provisions in 
paragraphs (a) through (d) of this section, owners or operators may 
implement an instrument leak monitoring program that has been 
demonstrated to the Administrator as at least equivalent.
    (g) Owners and operators shall not allow gasoline to be handled in a 
manner that would result in vapor releases to the atmosphere for 
extended periods of time. Measures to be taken include, but are not 
limited to, the following:
    (1) Minimize gasoline spills;
    (2) Clean up spills as expeditiously as practicable;
    (3) Cover all open gasoline containers with a gasketed seal when not 
in use;
    (4) Minimize gasoline sent to open waste collection systems that 
collect and transport gasoline to reclamation and recycling devices, 
such as oil/water separators.

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



Sec. 63.425  Test methods and procedures.

    (a) Each owner or operator subject to the emission standard in Sec. 
63.422(b) or 40 CFR 60.112b(a)(3)(ii) shall comply with the requirements 
in paragraphs (a)(1) and (2) of this section.

[[Page 524]]

    (1) Conduct a performance test on the vapor processing and 
collection systems according to either paragraph (a)(1)(i) or (ii) of 
this section.
    (i) Use the test methods and procedures in 40 CFR 60.503 of this 
chapter, except a reading of 500 ppm shall be used to determine the 
level of leaks to be repaired under 40 CFR 60.503(b), or
    (ii) Use alternative test methods and procedures in accordance with 
the alternative test method requirements in Sec. 63.7(f).
    (2) The performance test requirements of 40 CFR 60.503(c) do not 
apply to flares defined in Sec. 63.421 and meeting the flare 
requirements in Sec. 63.11(b). The owner or operator shall demonstrate 
that the flare and associated vapor collection system is in compliance 
with the requirements in Sec. 63.11(b) and 40 CFR 60.503(a), (b), and 
(d), respectively.
    (b) For each performance test conducted under paragraph (a) of this 
section, the owner or operator shall determine a monitored operating 
parameter value for the vapor processing system using the following 
procedure:
    (1) During the performance test, continuously record the operating 
parameter under Sec. 63.427(a);
    (2) Determine an operating parameter value based on the parameter 
data monitored during the performance test, supplemented by engineering 
assessments and the manufacturer's recommendations; and
    (3) Provide for the Administrator's approval the rationale for the 
selected operating parameter value, and monitoring frequency and 
averaging time, including data and calculations used to develop the 
value and a description of why the value, monitoring frequency, and 
averaging time demonstrate continuous compliance with the emission 
standard in Sec. 63.422(b) or Sec. 60.112b(a)(3)(ii) of this chapter.
    (c) For performance tests performed after the initial test, the 
owner or operator shall document the reasons for any change in the 
operating parameter value since the previous performance test.
    (d) The owner or operator of each gasoline storage vessel subject to 
the provisions of Sec. 63.423 shall comply with Sec. 60.113b of this 
chapter. If a closed vent system and control device are used, as 
specified in Sec. 60.112b(a)(3) of this chapter, to comply with the 
requirements in Sec. 63.423, the owner or operator shall also comply 
with the requirements in paragraph (b) of this section.
    (e) Annual certification test. The annual certification test for 
gasoline cargo tanks shall consist of the following test methods and 
procedures:
    (1) Method 27, appendix A, 40 CFR part 60. Conduct the test using a 
time period (t) for the pressure and vacuum tests of 5 minutes. The 
initial pressure (Pi) for the pressure test shall be 460 mm 
H2 O (18 in. H2 O), gauge. The initial vacuum 
(Vi) for the vacuum test shall be 150 mm H2 O (6 
in. H2 O), gauge. The maximum allowable pressure and vacuum 
changes ([Delta] p, [Delta] v) are as shown in the second column of 
Table 2 of this paragraph.

      Table 2--Allowable Cargo Tank Test Pressure or Vacuum Change
------------------------------------------------------------------------
                                          Annual
                                      certification-
                                        allowable          Allowable
                                       pressure or      pressure change
     Cargo tank or compartment        vacuum change     ([Delta] p) in 5
      capacity, liters (gal)           ([Delta] p,       minutes at any
                                     [Delta] v) in 5     time, mm H2 O
                                     minutes, mm H2 O      (in. H2 O)
                                        (in. H2 O)
------------------------------------------------------------------------
9,464 or more (2,500 or more).....          25 (1.0)           64 (2.5)
9,463 to 5,678 (2,499 to 1,500)...          38 (1.5)           76 (3.0)
5,679 to 3,785 (1,499 to 1,000)...          51 (2.0)           89 (3.5)
3,782 or less (999 or less).......          64 (2.5)          102 (4.0)
------------------------------------------------------------------------

    (2) Pressure test of the cargo tank's internal vapor valve as 
follows:
    (i) After completing the tests under paragraph (e)(1) of this 
section, use the procedures in Method 27 to repressurize the tank to 460 
mm H2 O (18 in. H2 O), gauge. Close the tank's 
internal vapor valve(s), thereby isolating the vapor return line and 
manifold from the tank.

[[Page 525]]

    (ii) Relieve the pressure in the vapor return line to atmospheric 
pressure, then reseal the line. After 5 minutes, record the gauge 
pressure in the vapor return line and manifold. The maximum allowable 5-
minute pressure increase is 130 mm H2 O (5 in. H2 
O).
    (f) Leak detection test. The leak detection test shall be performed 
using Method 21, appendix A, 40 CFR part 60, except omit section 4.3.2 
of Method 21. A vapor-tight gasoline cargo tank shall have no leaks at 
any time when tested according to the procedures in this paragraph.
    (1) The leak definition shall be 21,000 ppm as propane. Use propane 
to calibrate the instrument, setting the span at the leak definition. 
The response time to 90 percent of the final stable reading shall be 
less than 8 seconds for the detector with the sampling line and probe 
attached.
    (2) In addition to the procedures in Method 21, include the 
following procedures:
    (i) Perform the test on each compartment during loading of that 
compartment or while the compartment is still under pressure.
    (ii) To eliminate a positive instrument drift, the dwell time for 
each leak detection shall not exceed two times the instrument response 
time. Purge the instrument with ambient air between each leak detection. 
The duration of the purge shall be in excess of two instrument response 
times.
    (iii) Attempt to block the wind from the area being monitored. 
Record the highest detector reading and location for each leak.
    (g) Nitrogen pressure decay field test. For those cargo tanks with 
manifolded product lines, this test procedure shall be conducted on each 
compartment.
    (1) Record the cargo tank capacity. Upon completion of the loading 
operation, record the total volume loaded. Seal the cargo tank vapor 
collection system at the vapor coupler. The sealing apparatus shall have 
a pressure tap. Open the internal vapor valve(s) of the cargo tank and 
record the initial headspace pressure. Reduce or increase, as necessary, 
the initial headspace pressure to 460 mm H2 O (18.0 in. 
H2 O), gauge by releasing pressure or by adding commercial 
grade nitrogen gas from a high pressure cylinder capable of maintaining 
a pressure of 2,000 psig.
    (i) The cylinder shall be equipped with a compatible two-stage 
regulator with a relief valve and a flow control metering valve. The 
flow rate of the nitrogen shall be no less than 2 cfm. The maximum 
allowable time to pressurize cargo tanks with headspace volumes of 1,000 
gallons or less to the appropriate pressure is 4 minutes. For cargo 
tanks with a headspace of greater than 1,000 gallons, use as a maximum 
allowable time to pressurize 4 minutes or the result from the equation 
below, whichever is greater.

T = Vh x 0.004

where:

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

    (2) It is recommended that after the cargo tank headspace pressure 
reaches approximately 460 mm H2 O (18 in. H20), 
gauge, a fine adjust valve be used to adjust the headspace pressure to 
460 mm H2 O (18.0 in. H2 O), gauge for the next 30 
5 seconds.
    (3) Reseal the cargo tank vapor collection system and record the 
headspace pressure after 1 minute. The measured headspace pressure after 
1 minute shall be greater than the minimum allowable final headspace 
pressure (PF) as calculated from the following equation:
[GRAPHIC] [TIFF OMITTED] TR26JN95.000

where:

(PF) = minimum allowable final headspace pressure, in. 
          H2 O, gauge;
Vs = total cargo tank shell capacity, gal;
Vh = cargo tank headspace volume after loading, gal;
18.0 = initial pressure at start of test, in. H2 O, gauge;
N = 5-minute continuous performance standard at any time from the third 
          column of Table 2 of Sec. 63.425(e)(i), inches H2 
          O.

    (4) Conduct the internal vapor valve portion of this test by 
repressurizing the cargo tank headspace with nitrogen to 460 mm 
H2 O (18 in. H2 O), gauge.

[[Page 526]]

Close the internal vapor valve(s), wait for 30 5 
seconds, then relieve the pressure downstream of the vapor valve in the 
vapor collection system to atmospheric pressure. Wait 15 seconds, then 
reseal the vapor collection system. Measure and record the pressure 
every minute for 5 minutes. Within 5 seconds of the pressure measurement 
at the end of 5 minutes, open the vapor valve and record the headspace 
pressure as the ``final pressure.''
    (5) If the decrease in pressure in the vapor collection system is 
less than at least one of the interval pressure change values in Table 3 
of this paragraph, or if the final pressure is equal to or greater than 
20 percent of the 1-minute final headspace pressure determined in the 
test in paragraph (g)(3) of this section, then the cargo tank is 
considered to be a vapor-tight gasoline cargo tank.

         Table 3--Pressure Change for Internal Vapor Valve Test
------------------------------------------------------------------------
                                                               Interval
                                                               pressure
                       Time interval                          change, mm
                                                              H2 O (in.
                                                                H2 O)
------------------------------------------------------------------------
After 1 minute.............................................     28 (1.1)
After 2 minutes............................................     56 (2.2)
After 3 minutes............................................     84 (3.3)
After 4 minutes............................................    112 (4.4)
After 5 minutes............................................    140 (5.5)
------------------------------------------------------------------------

    (h) Continuous performance pressure decay test. The continuous 
performance pressure decay test shall be performed using Method 27, 
appendix A, 40 CFR Part 60. Conduct only the positive pressure test 
using a time period (t) of 5 minutes. The initial pressure 
(Pi) shall be 460 mm H2 O (18 in. H2 
O), gauge. The maximum allowable 5-minute pressure change ([Delta] p) 
which shall be met at any time is shown in the third column of Table 2 
of Sec. 63.425(e)(1).
    (i) Railcar bubble leak test procedures. As an alternative to 
paragraph (e) of this section for annual certification leakage testing 
of gasoline cargo tanks, the owner or operator may comply with 
paragraphs (i)(1) and (2) of this section for railcar gasoline cargo 
tanks, provided the railcar tank meets the requirement in paragraph 
(i)(3) of this section.
    (1) Comply with the requirements of 49 CFR 173.31(d), 179.7, 
180.509, and 180.511 for the testing of railcar gasoline cargo tanks.
    (2) The leakage pressure test procedure required under 49 CFR 
180.509(j) and used to show no indication of leakage under 49 CFR 
180.511(f) shall be ASTM E 515-95 (incorporated by reference, see Sec. 
63.14), BS EN 1593:1999 (incorporated by reference, see Sec. 63.14), or 
another bubble leak test procedure meeting the requirements in 49 CFR 
179.7, 180.505, and 180.509.
    (3) The alternative requirements in this paragraph (i) may not be 
used for any railcar gasoline cargo tank that collects gasoline vapors 
from a vapor balance system permitted under or required by a Federal, 
State, local, or tribal agency. A vapor balance system is a piping and 
collection system designed to collect gasoline vapors displaced from a 
storage vessel, barge, or other container being loaded, and routes the 
displaced gasoline vapors into the railcar gasoline cargo tank from 
which liquid gasoline is being unloaded.

[59 FR 64318, Dec. 14, 1994; 60 FR 7627, Feb. 8, 1995; 60 FR 32913, June 
26, 1995; 68 FR 70965, Dec. 19, 2003]



Sec. 63.426  Alternative means of emission limitation.

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



Sec. 63.427  Continuous monitoring.

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

[[Page 527]]

measuring temperature shall be installed immediately downstream from the 
outlet to the condenser section. Alternatively, a CEMS capable of 
measuring organic compound concentration may be installed in the exhaust 
air stream.
    (3) Where a thermal oxidation system other than a flare is used, a 
CPMS capable of measuring temperature must be installed in the firebox 
or in the ductwork immediately downstream from the firebox in a position 
before any substantial heat exchange occurs.
    (4) Where a flare meeting the requirements in Sec. 63.11(b) is 
used, a heat-sensing device, such as an ultraviolet beam sensor or a 
thermocouple, must be installed in proximity to the pilot light to 
indicate the presence of a flame.
    (5) Monitoring an alternative operating parameter or a parameter of 
a vapor processing system other than those listed in this paragraph will 
be allowed upon demonstrating to the Administrator's satisfaction that 
the alternative parameter demonstrates continuous compliance with the 
emission standard in Sec. 63.422(b) or Sec. 60.112b(a)(3)(ii) of this 
chapter.
    (b) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall operate the vapor processing system 
in a manner not to exceed the operating parameter value for the 
parameter described in paragraphs (a)(1) and (a)(2) of this section, or 
to go below the operating parameter value for the parameter described in 
paragraph (a)(3) of this section, and established using the procedures 
in Sec. 63.425(b). In cases where an alternative parameter pursuant to 
paragraph (a)(5) of this section is approved, each owner or operator 
shall operate the vapor processing system in a manner not to exceed or 
not to go below, as appropriate, the alternative operating parameter 
value. Operation of the vapor processing system in a manner exceeding or 
going below the operating parameter value, as specified above, shall 
constitute a violation of the emission standard in Sec. 63.422(b).
    (c) Each owner or operator of gasoline storage vessels subject to 
the provisions of Sec. 63.423 shall comply with the monitoring 
requirements in Sec. 60.116b of this chapter, except records shall be 
kept for at least 5 years. If a closed vent system and control device 
are used, as specified in Sec. 60.112b(a)(3) of this chapter, to comply 
with the requirements in Sec. 63.423, the owner or operator shall also 
comply with the requirements in paragraph (a) of this section.

[59 FR 46350, Sept. 8, 1994, as amended at 68 FR 70966, Dec. 19, 2003]



Sec. 63.428  Reporting and recordkeeping.

    (a) The initial notifications required for existing affected sources 
under Sec. 63.9(b)(2) shall be submitted by 1 year after an affected 
source becomes subject to the provisions of this subpart or by December 
16, 1996, whichever is later. Affected sources that are major sources on 
December 16, 1996 and plan to be area sources by December 15, 1997 shall 
include in this notification a brief, non-binding description of and 
schedule for the action(s) that are planned to achieve area source 
status.
    (b) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall keep records of the test results 
for each gasoline cargo tank loading at the facility as follows:
    (1) Annual certification testing performed under Sec. 63.425(e) and 
railcar bubble leak testing performed under Sec. 63.425(i); and
    (2) Continuous performance testing performed at any time at that 
facility under Sec. 63.425 (f), (g), and (h).
    (3) The documentation file shall be kept up-to-date for each 
gasoline cargo tank loading at the facility. The documentation for each 
test shall include, as a minimum, the following information:
    (i) Name of test: Annual Certification Test--Method 27 (Sec. 
63.425(e)(1)); Annual Certification Test--Internal Vapor Valve (Sec. 
63.425(e)(2)); Leak Detection Test (Sec. 63.425(f)); Nitrogen Pressure 
Decay Field Test (Sec. 63.425(g)); Continuous Performance Pressure 
Decay Test (Sec. 63.425(h)); or Railcar Bubble Leak Test Procedure 
(Sec. 63.425(i)).
    (ii) Cargo tank owner's name and address.
    (iii) Cargo tank identification number.
    (iv) Test location and date.
    (v) Tester name and signature.

[[Page 528]]

    (vi) Witnessing inspector, if any: Name, signature, and affiliation.
    (vii) Vapor tightness repair: Nature of repair work and when 
performed in relation to vapor tightness testing.
    (viii) Test results: test pressure; pressure or vacuum change, mm of 
water; time period of test; number of leaks found with instrument; and 
leak definition.
    (c) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall:
    (1) Keep an up-to-date, readily accessible record of the continuous 
monitoring data required under Sec. 63.427(a). This record shall 
indicate the time intervals during which loadings of gasoline cargo 
tanks have occurred or, alternatively, shall record the operating 
parameter data only during such loadings. The date and time of day shall 
also be indicated at reasonable intervals on this record.
    (2) Record and report simultaneously with the notification of 
compliance status required under Sec. 63.9(h):
    (i) All data and calculations, engineering assessments, and 
manufacturer's recommendations used in determining the operating 
parameter value under Sec. 63.425(b); and
    (ii) The following information when using a flare under provisions 
of Sec. 63.11(b) to comply with Sec. 63.422(b):
    (A) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted); and
    (B) All visible emissions readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination required under Sec. 63.425(a).
    (3) If an owner or operator requests approval to use a vapor 
processing system or monitor an operating parameter other than those 
specified in Sec. 63.427(a), the owner or operator shall submit a 
description of planned reporting and recordkeeping procedures. The 
Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the permit application.
    (d) Each owner or operator of storage vessels subject to the 
provisions of this subpart shall keep records and furnish reports as 
specified in Sec. 60.115b of this chapter, except records shall be kept 
for at least 5 years.
    (e) Each owner or operator complying with the provisions of Sec. 
63.424 (a) through (d) shall record the following information in the log 
book for each leak that is detected:
    (1) The equipment type and identification number;
    (2) The nature of the leak (i.e., vapor or liquid) and the method of 
detection (i.e., sight, sound, or smell);
    (3) The date the leak was detected and the date of each attempt to 
repair the leak;
    (4) Repair methods applied in each attempt to repair the leak;
    (5) ``Repair delayed'' and the reason for the delay if the leak is 
not repaired within 15 calendar days after discovery of the leak;
    (6) The expected date of successful repair of the leak if the leak 
is not repaired within 15 days; and
    (7) The date of successful repair of the leak.
    (f) Each owner or operator subject to the provisions of Sec. 63.424 
shall report to the Administrator a description of the types, 
identification numbers, and locations of all equipment in gasoline 
service. For facilities electing to implement an instrument program 
under Sec. 63.424(f), the report shall contain a full description of 
the program.
    (1) In the case of an existing source or a new source that has an 
initial startup date before the effective date, the report shall be 
submitted with the notification of compliance status required under 
Sec. 63.9(h), unless an extension of compliance is granted under Sec. 
63.6(i). If an extension of compliance is granted, the report shall be 
submitted on a date scheduled by the Administrator.
    (2) In the case of new sources that did not have an initial startup 
date before the effective date, the report shall be submitted with the 
application for approval of construction, as described in Sec. 63.5(d).
    (g) Each owner or operator of a bulk gasoline terminal or pipeline 
breakout station subject to the provisions of this subpart shall include 
in a semiannual report to the Administrator the following information, 
as applicable:

[[Page 529]]

    (1) Each loading of a gasoline cargo tank for which vapor tightness 
documentation had not been previously obtained by the facility;
    (2) Periodic reports required under paragraph (d) of this section; 
and
    (3) The number of equipment leaks not repaired within 5 days after 
detection.
    (h) Each owner or operator of a bulk gasoline terminal or pipeline 
breakout station subject to the provisions of this subpart shall submit 
an excess emissions report to the Administrator in accordance with Sec. 
63.10(e)(3), whether or not a CMS is installed at the facility. The 
following occurrences are excess emissions events under this subpart, 
and the following information shall be included in the excess emissions 
report, as applicable:
    (1) Each exceedance or failure to maintain, as appropriate, the 
monitored operating parameter value determined under Sec. 63.425(b). 
The report shall include the monitoring data for the days on which 
exceedances or failures to maintain have occurred, and a description and 
timing of the steps taken to repair or perform maintenance on the vapor 
collection and processing systems or the CMS.
    (2) Each instance of a nonvapor-tight gasoline cargo tank loading at 
the facility in which the owner or operator failed to take steps to 
assure that such cargo tank would not be reloaded at the facility before 
vapor tightness documentation for that cargo tank was obtained.
    (3) Each reloading of a nonvapor-tight gasoline cargo tank at the 
facility before vapor tightness documentation for that cargo tank is 
obtained by the facility in accordance with Sec. 63.422(c)(2).
    (4) For each occurrence of an equipment leak for which no repair 
attempt was made within 5 days or for which repair was not completed 
within 15 days after detection:
    (i) The date on which the leak was detected;
    (ii) The date of each attempt to repair the leak;
    (iii) The reasons for the delay of repair; and
    (iv) The date of successful repair.
    (i) Each owner or operator of a facility meeting the criteria in 
Sec. 63.420(c) shall perform the requirements of this paragraph (i), 
all of which will be available for public inspection:
    (1) Document and report to the Administrator not later than December 
16, 1996 for existing facilities, within 30 days for existing facilities 
subject to Sec. 63.420(c) after December 16, 1996, or at startup for 
new facilities the methods, procedures, and assumptions supporting the 
calculations for determining criteria in Sec. 63.420(c);
    (2) Maintain records to document that the facility parameters 
established under Sec. 63.420(c) have not been exceeded; and
    (3) Report annually to the Administrator that the facility 
parameters established under Sec. 63.420(c) have not been exceeded.
    (4) At any time following the notification required under paragraph 
(i)(1) of this section and approval by the Administrator of the facility 
parameters, and prior to any of the parameters being exceeded, the owner 
or operator may submit a report to request modification of any facility 
parameter to the Administrator for approval. Each such request shall 
document any expected HAP emission change resulting from the change in 
parameter.
    (j) Each owner or operator of a facility meeting the criteria in 
Sec. 63.420(d) shall perform the requirements of this paragraph (j), 
all of which will be available for public inspection:
    (1) Document and report to the Administrator not later than December 
16, 1996 for existing facilities, within 30 days for existing facilities 
subject to Sec. 63.420(d) after December 16, 1996, or at startup for 
new facilities the use of the emission screening equations in Sec. 
63.420(a)(1) or (b)(1) and the calculated value of ET or 
EP;
    (2) Maintain a record of the calculations in Sec. 63.420 (a)(1) or 
(b)(1), including methods, procedures, and assumptions supporting the 
calculations for determining criteria in Sec. 63.420(d); and
    (3) At any time following the notification required under paragraph 
(j)(1) of this section, and prior to any of the parameters being 
exceeded, the owner or operator may notify the Administrator of 
modifications to the facility

[[Page 530]]

parameters. Each such notification shall document any expected HAP 
emission change resulting from the change in parameter.
    (k) As an alternative to keeping records at the terminal of each 
gasoline cargo tank test result as required in paragraph (b) of this 
section, an owner or operator may comply with the requirements in either 
paragraph (k)(1) or (2) of this section.
    (1) An electronic copy of each record is instantly available at the 
terminal.
    (i) The copy of each record in paragraph (k)(1) of this section is 
an exact duplicate image of the original paper record with certifying 
signatures.
    (ii) The permitting authority is notified in writing that each 
terminal using this alternative is in compliance with paragraph (k)(1) 
of this section.
    (2) For facilities that utilize a terminal automation system to 
prevent gasoline cargo tanks that do not have valid cargo tank vapor 
tightness documentation from loading (e.g., via a card lock-out system), 
a copy of the documentation is made available (e.g., via facsimile) for 
inspection by permitting authority representatives during the course of 
a site visit, or within a mutually agreeable time frame.
    (i) The copy of each record in paragraph (k)(2) of this section is 
an exact duplicate image of the original paper record with certifying 
signatures.
    (ii) The permitting authority is notified in writing that each 
terminal using this alternative is in compliance with paragraph (k)(2) 
of this section.

[59 FR 64318, Dec. 14, 1994, as amended at 61 FR 7723, Feb. 29, 1996; 62 
FR 9093, Feb. 28, 1997; 68 FR 70966, Dec. 19, 2003; 71 FR 17358, Apr. 6, 
2006]



Sec. 63.429  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.420, 63.422 through 63.423, and 63.424. Any owner or operator 
requesting to use an alternative means of emission limitation for 
storage vessels covered by Sec. 63.423 must follow the procedures in 
Sec. 63.426.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart, and 
any alternatives to Sec. 63.427(a)(1) through (4) per Sec. 
63.427(a)(5).
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37348, June 23, 2003]



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

                              to Subpart R

----------------------------------------------------------------------------------------------------------------
            Reference                   Applies to subpart R                          Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1).......................  Yes...........................

[[Page 531]]

 
63.1(a)(2).......................  Yes...........................
63.1(a)(3).......................  Yes...........................
63.1(a)(4).......................  Yes...........................
63.1(a)(5).......................  No............................  Section reserved
63.1(a)(6)(8)....................  Yes...........................
63.1(a)(9).......................  No............................  Section reserved
63.1(a)(10)......................  Yes...........................
63.1(a)(11)......................  Yes...........................
63.1(a)(12))-(a)(14).............  Yes...........................
63.1(b)(1).......................  No............................  Subpart R specifies applicability in Sec.
                                                                    63.420
63.1(b)(2).......................  Yes...........................
63.1(b)(3).......................  No............................  Subpart R specifies reporting and
                                                                    recordkeeping for some large area sources in
                                                                    Sec.  63.428
63.1(c)(1).......................  Yes...........................
63.1(c)(2).......................  Yes...........................  Some small sources are not subject to subpart
                                                                    R
63.1(c)(3).......................  No............................  Section reserved
63.1(c)(4).......................  Yes...........................
63.1(c)(5).......................  Yes...........................
63.1(d)..........................  No............................  Section reserved
63.1(e)..........................  Yes...........................
63.2.............................  Yes...........................  Additional definitions in Sec.  63.421
63.3(a)-(c)......................  Yes...........................
63.4(a)(1)-(a)(3)................  Yes...........................
63.4(a)(4).......................  No............................  Section reserved
63.4(a)(5).......................  Yes...........................
63.4(b)..........................  Yes...........................
63.4(c)..........................  Yes...........................
63.5(a)(1).......................  Yes...........................
63.5(a)(2).......................  Yes...........................
63.5(b)(1).......................  Yes...........................
63.5(b)(2).......................  No............................  Section reserved
63.5(b)(3).......................  Yes...........................
63.5(b)(4).......................  Yes...........................
63.5(b)(5).......................  Yes...........................
63.5(b)(6).......................  Yes...........................
63.5(c)..........................  No............................  Section reserved
63.5(d)(1).......................  Yes...........................
63.5(d)(2).......................  Yes...........................
63.5(d)(3).......................  Yes...........................
63.5(d)(4).......................  Yes...........................
63.5(e)..........................  Yes...........................
63.5(f)(1).......................  Yes...........................
63.5(f)(2).......................  Yes...........................
63.6(a)..........................  Yes...........................
63.6(b)(1).......................  Yes...........................
63.6(b)(2).......................  Yes...........................
63.6(b)(3).......................  Yes...........................
63.6(b)(4).......................  Yes...........................
63.6(b)(5).......................  Yes...........................
63.6(b)(6).......................  No............................  Section reserved
63.6(b)(7).......................  Yes...........................
63.6(c)(1).......................  No............................  Subpart R specifies the compliance date
63.6(c)(2).......................  Yes...........................
63.6(c)(3)-(c)(4)................  No............................  Sections reserved
63.6(c)(5).......................  Yes...........................
63.6(d)..........................  No............................  Section reserved
63.6(e)..........................  Yes...........................
63.6(f)(1).......................  Yes...........................
63.6(f)(2).......................  Yes...........................
63.6(f)(3).......................  Yes...........................
63.6(g)..........................  Yes...........................
63.6(h)..........................  No............................  Subpart R does not require COMS
63.6(i)(1)-(i)(14)...............  Yes...........................
63.6(i)(15)......................  No............................  Section reserved
63.6(i)(16)......................  Yes...........................
63.6(j)..........................  Yes...........................
63.7(a)(1).......................  Yes...........................
63.7(a)(2).......................  Yes...........................
63.7(a)(3).......................  Yes...........................
63.7(b)..........................  Yes...........................

[[Page 532]]

 
63.7(c)..........................  Yes...........................
63.7(d)..........................  Yes...........................
63.7(e)(1).......................  Yes...........................
63.7(e)(2).......................  Yes...........................
63.7(e)(3).......................  Yes...........................
63.7(e)(4).......................  Yes...........................
63.7(f)..........................  Yes...........................
63.7(g)..........................  Yes...........................
63.7(h)..........................  Yes...........................
63.8(a)(1).......................  Yes...........................
63.8(a)(2).......................  Yes...........................
63.8(a)(3).......................  No............................  Section reserved
63.8(a)(4).......................  Yes...........................
63.8(b)(1).......................  Yes...........................
63.8(b)(2).......................  Yes...........................
63.8(b)(3).......................  Yes...........................
63.8(c)(1).......................  Yes...........................
63.8(c)(2).......................  Yes...........................
63.8(c)(3).......................  Yes...........................
63.8(c)(4).......................  Yes...........................
63.8(c)(5).......................  No............................  Subpart R does not require COMS
63.8(c)(6)-(c)(8)................  Yes...........................
63.8(d)..........................  Yes...........................
63.8(e)..........................  Yes...........................
63.8(f)(1)-(f)(5)................  Yes...........................
63.8(f)(6).......................  Yes...........................
63.8(g)..........................  Yes...........................
63.9(a)..........................  Yes...........................
63.9(b)(1).......................  Yes...........................
63.9(b)(2).......................  No............................  Subpart R allows additional time for existing
                                                                    sources to submit initial notification. Sec.
                                                                    63.428(a) specifies submittal by 1 year
                                                                    after being subject to the rule or December
                                                                    16, 1996, whichever is later.
63.9(b)(3).......................  Yes...........................
63.9(b)(4).......................  Yes...........................
63.9(b)(5).......................  Yes...........................
63.9(c)..........................  Yes...........................
63.9(d)..........................  Yes...........................
63.9(e)..........................  Yes...........................
63.9(f)..........................  Yes...........................
63.9(g)..........................  Yes...........................
63.9(h)(1)-(h)(3)................  Yes...........................
63.9(h)(4).......................  No............................  Section reserved
63.9(h)(5)-(h)(6)................  Yes...........................
63.9(i)..........................  Yes...........................
63.9(j)..........................  Yes...........................
63.10(a).........................  Yes...........................
63.10(b)(1)......................  Yes...........................
63.10(b)(2)......................  Yes...........................
63.10(b)(3)......................  Yes...........................
63.10(c)(1)......................  Yes...........................
63.10(c)(2)-(c)(4)...............  No............................  Sections reserved
63.10(c)(5)-(c)(8)...............  Yes...........................
63.10(c)(9)......................  No............................  Section reserved
63.10(c)(5)-(c)(8)...............  Yes...........................
63.10(d)(1)......................  Yes...........................
63.10(d)(2)......................  Yes...........................
63.10(d)(3)......................  Yes...........................
63.10(d)(4)......................  Yes...........................
63.10(d)(5)......................  Yes...........................
63.10(e).........................  Yes...........................
63.10(f).........................  Yes...........................
63.11(a)-(b).....................  Yes...........................
63.11(c), (d), and (e)...........  Yes...........................
63.12(a)-(c).....................  Yes...........................
63.13(a)-(c).....................  Yes...........................
63.14(a)-(b).....................  Yes...........................
63.15(a)-(b).....................  Yes...........................
----------------------------------------------------------------------------------------------------------------


[59 FR 64318, Dec. 14, 1994, as amended at 61 FR 7724, Feb. 29, 1996; 73 
FR 78213, Dec. 22, 2008]

[[Page 533]]



Subpart S_National Emission Standards for Hazardous Air Pollutants from 

                       the Pulp and Paper Industry

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



Sec. 63.440  Applicability.

    (a) The provisions of this subpart apply to the owner or operator of 
processes that produce pulp, paper, or paperboard; that are located at a 
plant site that is a major source as defined in Sec. 63.2 of subpart A 
of this part; and that use the following processes and materials:
    (1) Kraft, soda, sulfite, or semi-chemical pulping processes using 
wood; or
    (2) Mechanical pulping processes using wood; or
    (3) Any process using secondary or non-wood fibers.
    (b) The affected source to which the existing sourceprovisions of 
this subpart apply is as follows:
    (1) For the processes specified in paragraph (a)(1) of this section, 
the affected source is the total of all HAP emission points in the 
pulping and bleaching systems; or
    (2) For the processes specified in paragraphs (a)(2) or (a)(3) of 
this section, the affected source is the total of all HAP emission 
points in the bleaching system.
    (c) The new source provisions of this subpart apply to the total of 
all HAP emission points at new or existing sources as follows:
    (1) Each affected source defined in paragraph (b)(1) of this section 
that commences construction or reconstruction after December 17, 1993;
    (2) Each pulping system or bleaching system for the processes 
specified in paragraph (a)(1) of this section that commences 
construction or reconstruction after December 17, 1993;
    (3) Each additional pulping or bleaching line at the processes 
specified in paragraph (a)(1) of this section, that commences 
construction after December 17, 1993;
    (4) Each affected source defined in paragraph (b)(2) of this section 
that commences construction or reconstruction after March 8, 1996; or
    (5) Each additional bleaching line at the processes specified in 
paragraphs (a)(2) or (a)(3) of this section, that commences construction 
after March 8, 1996.
    (d) Each existing source shall achieve compliance no later than 
April 16, 2001, except as provided in paragraphs (d)(1) through (d)(3) 
of this section.
    (1) Each kraft pulping system shall achieve compliance with the 
pulping system provisions of Sec. 63.443 for the equipment listed in 
Sec. 63.443(a)(1)(ii) through (a)(1)(v) as expeditiously as 
practicable, but in no event later than April 17, 2006 and the owners 
and operators shall establish dates, update dates, and report the dates 
for the milestones specified in Sec. 63.455(b).
    (2) Each dissolving-grade bleaching system at either kraft or 
sulfite pulping mills shall achieve compliance with the bleach plant 
provisions of Sec. 63.445 of this subpart as expeditiously as 
practicable, but in no event later than 3 years after the promulgation 
of the revised effluent limitation guidelines and standards under 40 CFR 
430.14 through 430.17 and 40 CFR 430.44 through 430.47.
    (3) Each bleaching system complying with the Voluntary Advanced 
Technology Incentives Program for Effluent Limitation Guidelines in 40 
CFR 430.24, shall comply with the requirements specified in either 
paragraph (d)(3)(i) or (d)(3)(ii) of this section for the effluent 
limitation guidelines and standards in 40 CFR 430.24.
    (i) Comply with the bleach plant provisions of Sec. 63.445 of this 
subpart as expeditiously as practicable, but in no event later than 
April 16, 2001.
    (ii) Comply with paragraphs (d)(3)(ii)(A), (d)(3)(ii)(B), and 
(d)(3)(ii)(C) of this section.
    (A) The owner or operator of a bleaching system shall comply with 
the bleach plant provisions of Sec. 63.445 of this subpart as 
expeditiously as practicable, but in no event later than April 15, 2004.
    (B) The owner or operator of a bleaching system shall comply with 
the requirements specified in either paragraph (d)(3)(ii)(B)(1) or 
(d)(3)(ii)(B)(2) of this section.

[[Page 534]]

    (1) Not increase the application rate of chlorine or hypochlorite in 
kilograms (kg) of bleaching agent per megagram of ODP, in the bleaching 
system above the average daily rates used over the three months prior to 
June 15, 1998 until the requirements of paragraph (d)(3)(ii)(A) of this 
section are met and record application rates as specified in Sec. 
63.454(c).
    (2) Comply with enforceable effluent limitations guidelines for 
2,3,7,8-tetrachloro-dibenzo-p-dioxin and adsorbable organic halides at 
least as stringent as the baseline BAT levels set out in 40 CFR 
430.24(a)(1) as expeditiously as possible, but in no event later than 
April 16, 2001.
    (C) Owners and operators shall establish dates, update dates, and 
report the dates for the milestones specified in Sec. 63.455(b).
    (e) Each new source, specified as the total of all HAP emission 
points for the sources specified in paragraph (c) of this section, shall 
achieve compliance upon start-up or June 15, 1998, whichever is later, 
as provided in Sec. 63.6(b) of subpart A of this part.
    (f) Each owner or operator of an affected source with affected 
process equipment shared by more than one type of pulping process, shall 
comply with the applicable requirement in this subpart that achieves the 
maximum degree of reduction in HAP emissions.
    (g) Each owner or operator of an affected source specified in 
paragraphs (a) through (c) of this section must comply with the 
requirements of subpart A--General Provisions of this part, as indicated 
in table 1 to this subpart.

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



Sec. 63.441  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the CAA, in subpart A of this part, and in this section as follows:
    Acid condensate storage tank means any storage tank containing 
cooking acid following the sulfur dioxide gas fortification process.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Black liquor means spent cooking liquor that has been separated from 
the pulp produced by the kraft, soda, or semi-chemical pulping process.
    Bleaching means brightening of pulp by the addition of oxidizing 
chemicals or reducing chemicals.
    Bleaching line means a group of bleaching stages arranged in series 
such that bleaching of the pulp progresses as the pulp moves from one 
stage to the next.
    Bleaching stage means all process equipment associated with a 
discrete step of chemical application and removal in the bleaching 
process including chemical and steam mixers, bleaching towers, washers, 
seal (filtrate) tanks, vacuum pumps, and any other equipment serving the 
same function as those previously listed.
    Bleaching system means all process equipment after high-density pulp 
storage prior to the first application of oxidizing chemicals or 
reducing chemicals following the pulping system, up to and including the 
final bleaching stage.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam. A boiler is not considered a thermal 
oxidizer.
    Chip steamer means a vessel used for the purpose of preheating or 
pretreating wood chips prior to the digester, using flash steam from the 
digester or live steam.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow-inducing devices that transport gas or vapor from an emission point 
to a control device.
    Combustion device means an individual unit of equipment, including 
but not limited to, a thermal oxidizer, lime kiln, recovery furnace, 
process heater, or boiler, used for the thermal oxidation of organic 
hazardous air pollutant vapors.
    Decker system means all equipment used to thicken the pulp slurry or 
reduce its liquid content after the pulp washing system and prior to 
high-density pulp storage. The decker system

[[Page 535]]

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

[[Page 536]]

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

[[Page 537]]

    Soda pulping means a chemical pulping process that uses sodium 
hydroxide as the active chemical in the cooking liquor.
    Spent liquor means process liquid generated from the separation of 
cooking liquor from pulp by the pulp washing system containing dissolved 
organic wood materials and residual cooking compounds.
    Steam stripper system means a column (including associated stripper 
feed tanks, condensers, or heat exchangers) used to remove compounds 
from wastewater or condensates using steam. The steam stripper system 
also contains all equipment associated with a methanol rectification 
process including rectifiers, condensers, decanters, storage tanks, and 
any other equipment serving the same function as those previously 
listed.
    Strong liquor storage tanks means all storage tanks containing 
liquor that has been concentrated in preparation for combustion or 
oxidation in the recovery process.
    Sulfite pulping means a chemical pulping process that uses a mixture 
of sulfurous acid and bisulfite ion as the cooking liquor.
    Temperature monitoring device means a piece of equipment used to 
monitor temperature and having an accuracy of 1.0 
percent of the temperature being monitored expressed in degrees Celsius 
or 0.5 degrees Celsius (( [deg]deg;C), whichever 
is greater.
    Thermal oxidizer means an enclosed device that destroys organic 
compounds by thermal oxidation.
    Turpentine recovery system means all equipment associated with 
recovering turpentine from digester system gases including condensers, 
decanters, storage tanks, and any other equipment serving the same 
function as those previously listed. The turpentine recovery system 
includes any liquid streams associated with the turpentine recovery 
process such as turpentine decanter underflow. Liquid streams that are 
intended for byproduct recovery are not considered turpentine recovery 
system condensate streams.
    Weak liquor storage tank means any storage tank except washer 
filtrate tanks containing spent liquor recovered from the pulping 
process and prior to the evaporator system.

[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999; 
77 FR 55710, Sept. 11, 2012]



Sec. 63.442  [Reserved]



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

chemical processes.

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

[[Page 538]]

    (ii) Each screen system;
    (iii) Each decker system; and
    (iv) Each weak liquor storage tank.
    (b) The owner or operator of each pulping system using a semi-
chemical or soda process subject to the requirements of this subpart 
shall control the total HAP emissions from the following equipment 
systems as specified in paragraphs (c) and (d) of this section.
    (1) At each existing affected source, the total HAP emissions from 
each LVHC system shall be controlled.
    (2) At each new affected source, the total HAP emissions from each 
LVHC system and each pulp washing system shall be controlled.
    (c) Equipment systems listed in paragraphs (a) and (b) of this 
section shall be enclosed and vented into a closed-vent system and 
routed to a control device that meets the requirements specified in 
paragraph (d) of this section. The enclosures and closed-vent system 
shall meet the requirements specified in Sec. 63.450.
    (d) The control device used to reduce total HAP emissions from each 
equipment system listed in paragraphs (a) and (b) of this section shall:
    (1) Reduce total HAP emissions by 98 percent or more by weight; or
    (2) Reduce the total HAP concentration at the outlet of the thermal 
oxidizer to 20 parts per million or less by volume, corrected to 10 
percent oxygen on a dry basis; or
    (3) Reduce total HAP emissions using a thermal oxidizer designed and 
operated at a minimum temperature of 871 [deg]C (1600 [deg]F) and a 
minimum residence time of 0.75 seconds; or
    (4) Reduce total HAP emissions using one of the following:
    (i) A boiler, lime kiln, or recovery furnace by introducing the HAP 
emission stream with the primary fuel or into the flame zone; or
    (ii) A boiler or recovery furnace with a heat input capacity greater 
than or equal to 44 megawatts (150 million British thermal units per 
hour) by introducing the HAP emission stream with the combustion air.
    (e) Periods of excess emissions reported under Sec. 63.455 shall 
not be a violation of Sec. 63.443(c) and (d) provided that the time of 
excess emissions divided by the total process operating time in a semi-
annual reporting period does not exceed the following levels:
    (1) One percent for control devices used to reduce the total HAP 
emissions from the LVHC system; and
    (2) Four percent for control devices used to reduce the total HAP 
emissions from the HVLC system; and
    (3) Four percent for control devices used to reduce the total HAP 
emissions from both the LVHC and HVLC systems.

[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999; 
66 FR 80762, Dec. 22, 2000; 77 FR 55710, Sept. 11, 2012]



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

    (a) The owner or operator of each sulfite process subject to the 
requirements of this subpart shall control the total HAP emissions from 
the following equipment systems as specified in paragraphs (b) and (c) 
of this section.
    (1) At existing sulfite affected sources, the total HAP emissions 
from the following equipment systems shall be controlled:
    (i) Each digester system vent;
    (ii) Each evaporator system vent; and
    (iii) Each pulp washing system.
    (2) At new affected sources, the total HAP emissions from the 
equipment systems listed in paragraph (a)(1) of this section and the 
following equipment shall be controlled:
    (i) Each weak liquor storage tank;
    (ii) Each strong liquor storage tank; and
    (iii) Each acid condensate storage tank.
    (b) Equipment listed in paragraph (a) of this section shall be 
enclosed and vented into a closed-vent system and routed to a control 
device that meets the requirements specified in paragraph (c) of this 
section. The enclosures and closed-vent system shall meet the 
requirements specified in Sec. 63.450. Emissions from equipment listed 
in paragraph (a) of this section that is not necessary to be reduced to 
meet paragraph (c) of this section is not required to be routed to a 
control device.
    (c) The total HAP emissions from both the equipment systems listed 
in paragraph (a) of this section and the

[[Page 539]]

vents, wastewater, and condensate streams from the control device used 
to reduce HAP emissions, shall be controlled as follows.
    (1) Each calcium-based or sodium-based sulfite pulping process 
shall:
    (i) Emit no more than 0.44 kilograms of total HAP or methanol per 
megagram (0.89 pounds per ton) of ODP; or
    (ii) Remove 92 percent or more by weight of the total HAP or 
methanol.
    (2) Each magnesium-based or ammonium-based sulfite pulping process 
shall:
    (i) Emit no more than 1.1 kilograms of total HAP or methanol per 
megagram (2.2 pounds per ton) of ODP; or
    (ii) Remove 87 percent or more by weight of the total HAP or 
methanol.



Sec. 63.445  Standards for the bleaching system.

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

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



Sec. 63.446  Standards for kraft pulping process condensates.

    (a) The requirements of this section apply to owners or operators of 
kraft processes subject to the requirements of this subpart.
    (b) The pulping process condensates from the following equipment 
systems

[[Page 540]]

shall be treated to meet the requirements specified in paragraphs (c), 
(d), and (e) of this section:
    (1) Each digester system;
    (2) Each turpentine recovery system;
    (3) Each evaporator system condensate from:
    (i) The vapors from each stage where weak liquor is introduced (feed 
stages); and
    (ii) Each evaporator vacuum system for each stage where weak liquor 
is introduced (feed stages).
    (4) Each HVLC collection system; and
    (5) Each LVHC collection system.
    (c) One of the following combinations of HAP-containing pulping 
process condensates generated, produced, or associated with the 
equipment systems listed in paragraph (b) of this section shall be 
subject to the requirements of paragraphs (d) and (e) of this section:
    (1) All pulping process condensates from the equipment systems 
specified in paragraphs (b)(1) through (b)(5) of this section.
    (2) The combined pulping process condensates from the equipment 
systems specified in paragraphs (b)(4) and (b)(5) of this section, plus 
pulping process condensate stream(s) that in total contain at least 65 
percent of the total HAP mass from the pulping process condensates from 
equipment systems listed in paragraphs (b)(1) through (b)(3) of this 
section.
    (3) The pulping process condensates from equipment systems listed in 
paragraphs (b)(1) through (b)(5) of this section that in total contain a 
total HAP mass of 3.6 kilograms or more of total HAP per megagram (7.2 
pounds per ton) of ODP for mills that do not perform bleaching or 5.5 
kilograms or more of total HAP per megagram (11.1 pounds per ton) of ODP 
for mills that perform bleaching.
    (d) The pulping process condensates from the equipment systems 
listed in paragraph (b) of this section shall be conveyed in a closed 
collection system that is designed and operated to meet the requirements 
specified in paragraphs (d)(1) and (d)(2) of this section.
    (1) Each closed collection system shall meet the individual drain 
system requirements specified in Sec. Sec. 63.960, 63.961, and 63.962 
of subpart RR of this part, except for closed vent systems and control 
devices shall be designed and operated in accordance with Sec. Sec. 
63.443(d) and 63.450, instead of in accordance with Sec. 63.693 as 
specified in Sec. 63.962 (a)(3)(ii), (b)(3)(ii)(A), and (b)(5)(iii); 
and
    (2) If a condensate tank is used in the closed collection system, 
the tank shall meet the following requirements:
    (i) The fixed roof and all openings (e.g., access hatches, sampling 
ports, gauge wells) shall be designed and operated with no detectable 
leaks as indicated by an instrument reading of less than 500 parts per 
million above background, and vented into a closed-vent system that 
meets the requirements in Sec. 63.450 and routed to a control device 
that meets the requirements in Sec. 63.443(d); and
    (ii) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
the tank contains pulping process condensates or any HAP removed from a 
pulping process condensate stream except when it is necessary to use the 
opening for sampling, removal, or for equipment inspection, maintenance, 
or repair.
    (e) Each pulping process condensate from the equipment systems 
listed in paragraph (b) of this section shall be treated according to 
one of the following options:
    (1) Recycle the pulping process condensate to an equipment system 
specified in Sec. 63.443(a) meeting the requirements specified in Sec. 
63.443(c) and (d); or
    (2) Discharge the pulping process condensate below the liquid 
surface of a biological treatment system and treat the pulping process 
condensates to meet the requirements specified in paragraph (e)(3), (4), 
or (5) of this section, and total HAP shall be measured as specified in 
Sec. 63.457(g); or
    (3) Treat the pulping process condensates to reduce or destroy the 
total HAPs by at least 92 percent or more by weight; or
    (4) At mills that do not perform bleaching, treat the pulping 
process condensates to remove 3.3 kilograms or more of total HAP per 
megagram (6.6 pounds per ton) of ODP, or achieve a total HAP 
concentration of 210 parts per million or less by weight at the outlet 
of the control device; or

[[Page 541]]

    (5) At mills that perform bleaching, treat the pulping process 
condensates to remove 5.1 kilograms or more of total HAP per megagram 
(10.2 pounds per ton) of ODP, or achieve a total HAP concentration of 
330 parts per million or less by weight at the outlet of the control 
device.
    (f) Each HAP removed from a pulping process condensate stream during 
treatment and handling under paragraphs (d) or (e) of this section, 
except for those treated according to paragraph (e)(2) of this section, 
shall be controlled as specified in Sec. 63.443(c) and (d).
    (g) For each control device (e.g., steam stripper system or other 
equipment serving the same function) used to treat pulping process 
condensates to comply with the requirements specified in paragraphs 
(e)(3) through (5) of this section, periods of excess emissions reported 
under Sec. 63.455 shall not be a violation of paragraphs (d), (e)(3) 
through (5), and (f) of this section provided that the time of excess 
emissions divided by the total process operating time in a semi-annual 
reporting period does not exceed 10 percent. The 10 percent excess 
emissions allowance does not apply to treatment of pulping process 
condensates according to paragraph (e)(2) of this section (e.g., the 
biological wastewater treatment system used to treat multiple (primarily 
non-condensate) wastewater streams to comply with the Clean Water Act).
    (h) Each owner or operator of a new or existing affected source 
subject to the requirements of this section shall evaluate all new or 
modified pulping process condensates or changes in the annual bleached 
or non-bleached ODP used to comply with paragraph (i) of this section, 
to determine if they meet the applicable requirements of this section.
    (i) For the purposes of meeting the requirements in paragraph (c)(2) 
or (3) or paragraph (e)(4) or (5) of this section at mills producing 
both bleached and unbleached pulp products, owners and operators may 
meet a prorated mass standard that is calculated by prorating the 
applicable mass standards (kilograms of total HAP per megagram of ODP) 
for bleached and unbleached mills specified in paragraph (c)(2) or (3) 
or paragraph (e)(4) or (5) of this section by the ratio of annual 
megagrams of bleached and unbleached ODP.

[63 FR 18617, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998, as amended at 63 
FR 49459, Sept. 16, 1998; 64 FR 17563, Apr. 12, 1999; 65 FR 80762, Dec. 
22, 2000; 77 FR 55711, Sept. 11, 2012]



Sec. 63.447  Clean condensate alternative.

    As an alternative to the requirements specified in Sec. 
63.443(a)(1)(ii) through (a)(1)(v) for the control of HAP emissions from 
pulping systems using the kraft process, an owner or operator must 
demonstrate to the satisfaction of the Administrator, by meeting all the 
requirements below, that the total HAP emissions reductions achieved by 
this clean condensate alternative technology are equal to or greater 
than the total HAP emission reductions that would have been achieved by 
compliance with Sec. 63.443(a)(1)(ii) through (a)(1)(v).
    (a) For the purposes of this section only the following additional 
definitions apply.
    (1) Clean condensate alternative affected source means the total of 
all HAP emission points in the pulping, bleaching, causticizing, and 
papermaking systems (exclusive of HAP emissions attributable to 
additives to paper machines and HAP emission points in the LVHC system).
    (2) Causticizing system means all equipment associated with 
converting sodium carbonate into active sodium hydroxide. The equipment 
includes smelt dissolving tanks, lime mud washers and storage tanks, 
white and mud liquor clarifiers and storage tanks, slakers, slaker grit 
washers, lime kilns, green liquor clarifiers and storage tanks, and dreg 
washers ending with the white liquor storage tanks prior to the digester 
system, and any other equipment serving the same function as those 
previously listed.
    (3) Papermaking system means all equipment used to convert pulp into 
paper, paperboard, or market pulp, including the stock storage and 
preparation systems, the paper or paperboard machines, and the paper 
machine white water system, broke recovery systems, and the systems 
involved in calendering, drying, on-machine coating, slitting, winding, 
and cutting.

[[Page 542]]

    (b) Each owner or operator shall install and operate a clean 
condensate alternative technology with a continuous monitoring system to 
reduce total HAP emissions by treating and reducing HAP concentrations 
in the pulping process water used within the clean condensate 
alternative affected source.
    (c) Each owner or operator shall calculate HAP emissions on a 
kilogram per megagram of ODP basis and measure HAP emissions according 
to the appropriate procedures contained in Sec. 63.457.
    (d) Each owner or operator shall determine the baseline HAP 
emissions for each equipment system and the total of all equipment 
systems in the clean condensate alternative affected source based on the 
following:
    (1) Process and air pollution control equipment installed and 
operating on December 17, 1993, and
    (2) Compliance with the following requirements that affect the level 
of HAP emissions from the clean condensate alternative affected source:
    (i) The pulping process condensates requirements in Sec. 63.446;
    (ii) The applicable effluent limitation guidelines and standards in 
40 CFR part 430, subparts A, B, D, and E; and
    (iii) All other applicable requirements of local, State, or Federal 
agencies or statutes.
    (e) Each owner or operator shall determine the following HAP 
emission reductions from the baseline HAP emissions determined in 
paragraph (d) of this section for each equipment system and the total of 
all equipment systems in the clean condensate alternative affected 
source:
    (1) The HAP emission reduction occurring by complying with the 
requirements of Sec. 63.443(a)(1)(ii) through (a)(1)(v); and
    (2) The HAP emissions reduction occurring by complying with the 
clean condensate alternative technology.
    (f) For the purposes of all requirements in this section, each owner 
or operator may use as an alternative, individual equipment systems 
(instead of total of all equipment systems) within the clean condensate 
alternative affected source to determine emissions and reductions to 
demonstrate equal or greater than the reductions that would have been 
achieved by compliance with Sec. 63.443(a)(1)(ii) through (a)(1)(v).
    (g) The initial and updates to the control strategy report specified 
in Sec. 63.455(b) shall include to the extent possible the following 
information:
    (1) A detailed description of:
    (i) The equipment systems and emission points that comprise the 
clean condensate alternative affected source;
    (ii) The air pollution control technologies that would be used to 
meet the requirements of Sec. 63.443(a)(1)(ii) through (a)(1)(v); and
    (iii) The clean condensate alternative technology to be used.
    (2) Estimates and basis for the estimates of total HAP emissions and 
emission reductions to fulfill the requirements of paragraphs (d), (e), 
and (f) of this section.
    (h) Each owner or operator shall report to the Administrator by the 
applicable compliance date specified in Sec. 63.440(d) or (e) the 
rationale, calculations, test procedures, and data documentation used to 
demonstrate compliance with all the requirements of this section.

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



Sec. Sec. 63.448-63.449  [Reserved]



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

    (a) Each enclosure and closed-vent system specified in Sec. Sec. 
63.443(c), 63.444(b), and 63.445(b) for capturing and transporting vent 
streams that contain HAP shall meet the requirements specified in 
paragraphs (b) through (d) of this section.
    (b) Each enclosure shall maintain negative pressure at each 
enclosure or hood opening as demonstrated by the procedures specified in 
Sec. 63.457(e). Each enclosure or hood opening closed during the 
initial performance test specified in Sec. 63.457(a) shall be 
maintained in the same closed and sealed position as during the 
performance test at all times except when necessary to use the opening 
for sampling, inspection, maintenance, or repairs.
    (c) Each component of the closed-vent system used to comply with 
Sec. Sec. 63.443(c), 63.444(b), and 63.445(b) that

[[Page 543]]

is operated at positive pressure and located prior to a control device 
shall be designed for and operated with no detectable leaks as indicated 
by an instrument reading of less than 500 parts per million by volume 
above background, as measured by the procedures specified in Sec. 
63.457(d).
    (d) Each bypass line in the closed-vent system that could divert 
vent streams containing HAP to the atmosphere without meeting the 
emission limitations in Sec. Sec. 63.443, 63.444, or 63.445 shall 
comply with either of the following requirements:
    (1) On each bypass line, the owner or operator shall install, 
calibrate, maintain, and operate according to the manufacturer's 
specifications a flow indicator that is capable of taking periodic 
readings as frequently as specified in Sec. 63.454(e). The flow 
indicator shall be installed in the bypass line in such a way as to 
indicate flow in the bypass line; or
    (2) For bypass line valves that are not computer controlled, the 
owner or operator shall maintain the bypass line valve in the closed 
position with a car seal or a seal placed on the valve or closure 
mechanism in such a way that valve or closure mechanism cannot be opened 
without breaking the seal.

[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999; 
68 FR 37348, June 23, 2003]



Sec. Sec. 63.451-63.452  [Reserved]



Sec. 63.453  Monitoring requirements.

    (a) Each owner or operator subject to the standards specified in 
Sec. Sec. 63.443(c) and (d), 63.444(b) and (c), 63.445(b) and (c), 
63.446(c), (d), and (e), 63.447(b) or Sec. 63.450(d), shall install, 
calibrate, certify, operate, and maintain according to the 
manufacturer's specifications, a continuous monitoring system (CMS, as 
defined in Sec. 63.2 of this part) as specified in paragraphs (b) 
through (m) of this section, except as allowed in paragraph (m) of this 
section. The CMS shall include a continuous recorder.
    (b) A CMS shall be operated to measure the temperature in the 
firebox or in the ductwork immediately downstream of the firebox and 
before any substantial heat exchange occurs for each thermal oxidizer 
used to comply with the requirements of Sec. 63.443(d)(1) through 
(d)(3). Owners and operators complying with the HAP concentration 
requirements in Sec. 63.443(d)(2) may install a CMS to monitor the 
thermal oxidizer outlet total HAP or methanol concentration, as an 
alternative to monitoring thermal oxidizer operating temperature.
    (c) A CMS shall be operated to measure the following parameters for 
each gas scrubber used to comply with the bleaching system requirements 
of Sec. 63.445(c) or the sulfite pulping system requirements of Sec. 
63.444(c).
    (1) The pH or the oxidation/reduction potential of the gas scrubber 
effluent;
    (2) The gas scrubber vent gas inlet flow rate; and
    (3) The gas scrubber liquid influent flow rate.
    (d) As an option to the requirements specified in paragraph (c) of 
this section, a CMS shall be operated to measure the chlorine outlet 
concentration of each gas scrubber used to comply with the bleaching 
system outlet concentration requirement specified in Sec. 63.445(c)(2).
    (e) The owner or operator of a bleaching system complying with 40 
CFR 430.24, shall monitor the chlorine and hypochlorite application 
rates, in kg of bleaching agent per megagram of ODP, of the bleaching 
system during the extended compliance period specified in Sec. 
63.440(d)(3).
    (f) A CMS shall be operated to measure the gas scrubber parameters 
specified in paragraphs (c)(1) through (c)(3) of this section or those 
site specific parameters determined according to the procedures 
specified in paragraph (n) of this section to comply with the sulfite 
pulping system requirements specified in Sec. 63.444(c).
    (g) A CMS shall be operated to measure the following parameters for 
each steam stripper used to comply with the treatment requirements in 
Sec. 63.446(e) (3), (4), or (5):
    (1) The process wastewater feed rate;
    (2) The steam feed rate; and
    (3) The process wastewater column feed temperature.
    (h) As an option to the requirements specified in paragraph (g) of 
this section, a CMS shall be operated to measure the methanol outlet 
concentration

[[Page 544]]

to comply with the steam stripper outlet concentration requirement 
specified in Sec. 63.446 (e)(4) or (e)(5).
    (i) A CMS shall be operated to measure the appropriate parameters 
determined according to the procedures specified in paragraph (n) of 
this section to comply with the condensate applicability requirements 
specified in Sec. 63.446(c).
    (j) Each owner or operator using an open biological treatment system 
to comply with Sec. 63.446(e)(2) shall perform the daily monitoring 
procedures specified in either paragraph (j)(1) or (2) of this section 
and shall conduct a performance test each quarter using the procedures 
specified in paragraph (j)(3) of this section.
    (1) Comply with the monitoring and sampling requirements specified 
in paragraphs (j)(1)(i) and (ii) of this section.
    (i) On a daily basis, monitor the following parameters for each open 
biological treatment unit:
    (A) Composite daily sample of outlet soluble BOD5 
concentration to monitor for maximum daily and maximum monthly average;
    (B) Mixed liquor volatile suspended solids;
    (C) Horsepower of aerator unit(s);
    (D) Inlet liquid flow; and
    (E) Liquid temperature.
    (ii) If the Inlet and Outlet Concentration Measurement Procedure 
(Procedure 3) in appendix C of this part is used to determine the 
fraction of HAP compounds degraded in the biological treatment system as 
specified in Sec. 63.457(l), conduct the sampling and archival 
requirements specified in paragraphs (j)(1)(ii)(A) and (B) of this 
section.
    (A) Obtain daily inlet and outlet liquid grab samples from each 
biological treatment unit to have HAP data available to perform 
quarterly performance tests specified in paragraph (j)(3) of this 
section and the compliance tests specified in paragraph (p) of this 
section.
    (B) Store the samples as specified in Sec. 63.457(n) until after 
the results of the soluble BOD5 test required in paragraph 
(j)(1)(i)(A) of this section are obtained. The storage requirement is 
needed since the soluble BOD5 test requires 5 days or more to 
obtain results. If the results of the soluble BOD5 test are 
outside of the range established during the initial performance test, 
then the archive sample shall be used to perform the mass removal or 
percent reduction determinations.
    (2) As an alternative to the monitoring requirements of paragraph 
(j)(1) of this section, conduct daily monitoring of the site-specific 
parameters established according to the procedures specified in 
paragraph (n) of this section.
    (3) Conduct a performance test as specified in Sec. 63.457(l) 
within 45 days after the beginning of each quarter and meet the 
applicable emission limit in Sec. 63.446(e)(2).
    (i) The performance test conducted in the first quarter (annually) 
shall be performed for total HAP as specified in Sec. 63.457(g) and 
meet the percent reduction or mass removal emission limit specified in 
Sec. 63.446(e)(2).
    (ii) The remaining quarterly performance tests shall be performed as 
specified in paragraph (j)(3)(i) of this section except owners or 
operators may use the applicable methanol procedure in Sec. 
63.457(l)(1) or (2) and the value of r determined during the first 
quarter test instead of measuring the additional HAP to determine a new 
value of r.
    (k) Each enclosure and closed-vent system used to comply with Sec. 
63.450(a) shall comply with the requirements specified in paragraphs 
(k)(1) through (k)(6) of this section.
    (1) For each enclosure opening, a visual inspection of the closure 
mechanism specified in Sec. 63.450(b) shall be performed at least once 
every 30 days to ensure the opening is maintained in the closed position 
and sealed.
    (2) Each closed-vent system required by Sec. 63.450(a) shall be 
visually inspected every 30 days and at other times as requested by the 
Administrator. The visual inspection shall include inspection of 
ductwork, piping, enclosures, and connections to covers for visible 
evidence of defects.
    (3) For positive pressure closed-vent systems or portions of closed-
vent systems, demonstrate no detectable leaks as specified in Sec. 
63.450(c) measured initially and annually by the procedures in Sec. 
63.457(d).

[[Page 545]]

    (4) Demonstrate initially and annually that each enclosure opening 
is maintained at negative pressure as specified in Sec. 63.457(e).
    (5) The valve or closure mechanism specified in Sec. 63.450(d)(2) 
shall be inspected at least once every 30 days to ensure that the valve 
is maintained in the closed position and the emission point gas stream 
is not diverted through the bypass line.
    (6) If an inspection required by paragraphs (k)(1) through (k)(5) of 
this section identifies visible defects in ductwork, piping, enclosures 
or connections to covers required by Sec. 63.450, or if an instrument 
reading of 500 parts per million by volume or greater above background 
is measured, or if enclosure openings are not maintained at negative 
pressure, then the following corrective actions shall be taken as soon 
as practicable.
    (i) A first effort to repair or correct the closed-vent system shall 
be made as soon as practicable but no later than 5 calendar days after 
the problem is identified.
    (ii) The repair or corrective action shall be completed no later 
than 15 calendar days after the problem is identified. Delay of repair 
or corrective action is allowed if the repair or corrective action is 
technically infeasible without a process unit shutdown or if the owner 
or operator determines that the emissions resulting from immediate 
repair would be greater than the emissions likely to result from delay 
of repair. Repair of such equipment shall be completed by the end of the 
next process unit shutdown.
    (l) Each pulping process condensate closed collection system used to 
comply with Sec. 63.446(d) shall comply with the requirements specified 
in paragraphs (l)(1) through (l)(3) of this section.
    (1) Each pulping process condensate closed collection system shall 
be visually inspected every 30 days and shall comply with the inspection 
and monitoring requirements specified in Sec. 63.964 of subpart RR of 
this part, except:
    (i) Owners or operators shall comply with the recordkeeping 
requirements of Sec. 63.454 instead of the requirements specified in 
Sec. 63.964(a)(1)(vi) and (b)(3) of subpart RR of this part.
    (ii) Owners or operators shall comply with the inspection and 
monitoring requirements for closed-vent systems and control devices 
specified in paragraphs (a) and (k) of this section instead of the 
requirements specified in Sec. 63.964(a)(2) of subpart RR of this part.
    (2) Each condensate tank used in the closed collection system shall 
be operated with no detectable leaks as specified in Sec. 
63.446(d)(2)(i) measured initially and annually by the procedures 
specified in Sec. 63.457(d).
    (3) If an inspection required by this section identifies visible 
defects in the closed collection system, or if an instrument reading of 
500 parts per million or greater above background is measured, then 
corrective actions specified in Sec. 63.964(b) of subpart RR of this 
part shall be taken.
    (m) Each owner or operator using a control device, technique or an 
alternative parameter other than those specified in paragraphs (b) 
through (l) of this section shall install a CMS and establish 
appropriate operating parameters to be monitored that demonstrate, to 
the Administrator's satisfaction, continuous compliance with the 
applicable control requirements.
    (n) To establish or reestablish the value for each operating 
parameter required to be monitored under paragraphs (b) through (j), 
(l), and (m) of this section or to establish appropriate parameters for 
paragraphs (f), (i), (j)(2), and (m) of this section, each owner or 
operator shall use the following procedures:
    (1) During the initial performance test required in Sec. 63.457(a) 
or any subsequent performance test, continuously record the operating 
parameter;
    (2) Determinations shall be based on the control performance and 
parameter data monitored during the performance test, supplemented if 
necessary by engineering assessments and the manufacturer's 
recommendations;
    (3) The owner or operator shall provide for the Administrator's 
approval the rationale for selecting the monitoring parameters necessary 
to comply with paragraphs (f), (i), and (m) of this section; and
    (4) Provide for the Administrator's approval the rationale for the 
selected

[[Page 546]]

operating parameter value, and monitoring frequency, and averaging time. 
Include all data and calculations used to develop the value and a 
description of why the value, monitoring frequency, and averaging time 
demonstrate continuous compliance with the applicable emission standard.
    (o) Each owner or operator of a control device subject to the 
monitoring provisions of this section shall operate the control device 
in a manner consistent with the minimum or maximum (as appropriate) 
operating parameter value or procedure required to be monitored under 
paragraphs (a) through (n) of this section and established under this 
subpart. Except as provided in paragraph (p) of this section, Sec. 
63.443(e), or Sec. 63.446(g), operation of the control device below 
minimum operating parameter values or above maximum operating parameter 
values established under this subpart or failure to perform procedures 
required by this subpart shall constitute a violation of the applicable 
emission standard of this subpart and be reported as a period of excess 
emissions.
    (p) The procedures of this paragraph apply to each owner or operator 
of an open biological treatment system complying with paragraph (j) of 
this section whenever a monitoring parameter excursion occurs, and the 
owner or operator chooses to conduct a performance test to demonstrate 
compliance with the applicable emission limit. A monitoring parameter 
excursion occurs whenever the monitoring parameters specified in 
paragraphs (j)(1)(i)(A) through (C) of this section or any of the 
monitoring parameters specified in paragraph (j)(2) of this section are 
below minimum operating parameter values or above maximum operating 
parameter values established in paragraph (n) of this section.
    (1) As soon as practical after the beginning of the monitoring 
parameter excursion, the following requirements shall be met:
    (i) Before the steps in paragraph (p)(1)(ii) or (iii) of this 
section are performed, all sampling and measurements necessary to meet 
the requirements in paragraph (p)(2) of this section shall be conducted.
    (ii) Steps shall be taken to repair or adjust the operation of the 
process to end the parameter excursion period.
    (iii) Steps shall be taken to minimize total HAP emissions to the 
atmosphere during the parameter excursion period.
    (2) A parameter excursion is not a violation of the applicable 
emission standard if the results of the performance test conducted using 
the procedures in this paragraph demonstrate compliance with the 
applicable emission limit in Sec. 63.446(e)(2).
    (i) Conduct a performance test as specified in Sec. 63.457 using 
the monitoring data specified in paragraph (j)(1) or (2) of this section 
that coincides with the time of the parameter excursion. No maintenance 
or changes shall be made to the open biological treatment system after 
the beginning of a parameter excursion that would influence the results 
of the performance test.
    (ii) If the results of the performance test specified in paragraph 
(p)(2)(i) of this section demonstrate compliance with the applicable 
emission limit in Sec. 63.446(e)(2), then the parameter excursion is 
not a violation of the applicable emission limit.
    (iii) If the results of the performance test specified in paragraph 
(p)(2)(i) of this section do not demonstrate compliance with the 
applicable emission limit in Sec. 63.446(e)(2) because the total HAP 
mass entering the open biological treatment system is below the level 
needed to demonstrate compliance with the applicable emission limit in 
Sec. 63.446(e)(2), then the owner or operator shall perform the 
following comparisons:
    (A) If the value of fbio (MeOH) determined during the 
performance test specified in paragraph (p)(2)(i) of this section is 
within the range of values established during the initial and subsequent 
performance tests approved by the Administrator, then the parameter 
excursion is not a violation of the applicable standard.
    (B) If the value of fbio (MeOH) determined during the 
performance test specified in paragraph (p)(2)(i) of this section is not 
within the range of values established during the initial and subsequent 
performance tests approved

[[Page 547]]

by the Administrator, then the parameter excursion is a violation of the 
applicable standard.
    (iv) The results of the performance test specified in paragraph 
(p)(2)(i) of this section shall be recorded as specified in Sec. 
63.454(f).
    (3) If an owner or operator determines that performing the required 
procedures under paragraph (p)(2) of this section for a nonthoroughly 
mixed open biological system would expose a worker to dangerous, 
hazardous, or otherwise unsafe conditions, all of the following 
procedures shall be performed:
    (i) Calculate the mass removal or percent reduction value using the 
procedures specified in Sec. 63.457(l) except the value for 
fbio (MeOH) shall be determined using the procedures in 
appendix E to this part.
    (ii) Repeat the procedures in paragraph (p)(3)(i) of this section 
for every day until the unsafe conditions have passed.
    (iii) A parameter excursion is a violation of the standard if the 
percent reduction or mass removal determined in paragraph (p)(3)(i) of 
this section is less than the percent reduction or mass removal 
standards specified in Sec. 63.446(e)(2), as appropriate, unless the 
value of fbio (MeOH) determined using the procedures in 
appendix E of this section, as specified in paragraph (p)(3)(i), is 
within the range of fbio (MeOH) values established during the 
initial and subsequent performance tests previously approved by the 
Administrator.
    (iv) The determination that there is a condition that exposes a 
worker to dangerous, hazardous, or otherwise unsafe conditions shall be 
documented according to requirements in Sec. 63.454(e) and reporting in 
Sec. 63.455(f).
    (v) The requirements of paragraphs (p)(1) and (2) of this section 
shall be performed and met as soon as practical but no later than 24 
hours after the conditions have passed that exposed a worker to 
dangerous, hazardous, or otherwise unsafe conditions.
    (q) At all times, the owner or operator must operate and maintain 
any affected source, including associated air pollution control 
equipment and monitoring equipment, in a manner consistent with safety 
and good air pollution control practices for minimizing emissions. 
Determination of whether such operation and maintenance procedures are 
being used will be based on information available to the Administrator 
which may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures, review of operation and 
maintenance records, and inspection of the source.

[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999; 
65 FR 80762, Dec. 22, 2000; 77 FR 55711, Sept. 11, 2012]



Sec. 63.454  Recordkeeping requirements.

    (a) The owner or operator of each affected source subject to the 
requirements of this subpart shall comply with the recordkeeping 
requirements of Sec. 63.10, as shown in Table 1 of this subpart, and 
the requirements specified in paragraphs (b) through (g) of this section 
for the monitoring parameters specified in Sec. 63.453.
    (b) For each applicable enclosure opening, closed-vent system, and 
closed collection system, the owner or operator shall prepare and 
maintain a site-specific inspection plan including a drawing or 
schematic of the components of applicable affected equipment and shall 
record the following information for each inspection:
    (1) Date of inspection;
    (2) The equipment type and identification;
    (3) Results of negative pressure tests for enclosures;
    (4) Results of leak detection tests;
    (5) The nature of the defect or leak and the method of detection 
(i.e., visual inspection or instrument detection);
    (6) The date the defect or leak was detected and the date of each 
attempt to repair the defect or leak;
    (7) Repair methods applied in each attempt to repair the defect or 
leak;
    (8) The reason for the delay if the defect or leak is not repaired 
within 15 days after discovery;
    (9) The expected date of successful repair of the defect or leak if 
the repair is not completed within 15 days;
    (10) The date of successful repair of the defect or leak;

[[Page 548]]

    (11) The position and duration of opening of bypass line valves and 
the condition of any valve seals; and
    (12) The duration of the use of bypass valves on computer controlled 
valves.
    (c) The owner or operator of a bleaching system complying with Sec. 
63.440(d)(3)(ii)(B) shall record the daily average chlorine and 
hypochlorite application rates, in kg of bleaching agent per megagram of 
ODP, of the bleaching system until the requirements specified in Sec. 
63.440(d)(3)(ii)(A) are met.
    (d) The owner or operator shall record the CMS parameters specified 
in Sec. 63.453 and meet the requirements specified in paragraph (a) of 
this section for any new affected process equipment or pulping process 
condensate stream that becomes subject to the standards in this subpart 
due to a process change or modification.
    (e) The owner or operator shall set the flow indicator on each 
bypass line specified in Sec. 63.450(d)(1) to provide a record of the 
presence of gas stream flow in the bypass line at least once every 15 
minutes.
    (f) The owner or operator of an open biological treatment system 
complying with Sec. 63.453(p) shall prepare a written record specifying 
the results of the performance test specified in Sec. 63.453(p)(2).
    (g) Recordkeeping of malfunctions. The owner or operator must 
maintain the following records of malfunctions:
    (1) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (2) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec. 63.453(q), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.

[63 FR 18617, Apr. 15, 1998, as amended at 65 FR 80763, Dec. 22, 2000; 
68 FR 37348, June 23, 2003; 77 FR 55711, Sept. 11, 2012]



Sec. 63.455  Reporting requirements.

    (a) Each owner or operator of a source subject to this subpart shall 
comply with the reporting requirements of subpart A of this part as 
specified in table 1 and all the following requirements in this section. 
The initial notification report specified under Sec. 63.9(b)(2) of 
subpart A of this part shall be submitted by April 15, 1999.
    (b) Each owner or operator of a kraft pulping system specified in 
Sec. 63.440(d)(1) or a bleaching system specified in Sec. 
63.440(d)(3)(ii) shall submit, with the initial notification report 
specified under Sec. 63.9(b)(2) of subpart A of this part and paragraph 
(a) of this section and update every two years thereafter, a non-binding 
control strategy report containing, at a minimum, the information 
specified in paragraphs (b)(1) through (b)(3) of this section in 
addition to the information required in Sec. 63.9(b)(2) of subpart A of 
this part.
    (1) A description of the emission controls or process modifications 
selected for compliance with the control requirements in this standard.
    (2) A compliance schedule, including the dates by which each step 
toward compliance will be reached for each emission point or sets of 
emission points. At a minimum, the list of dates shall include:
    (i) The date by which the major study(s) for determining the 
compliance strategy will be completed;
    (ii) The date by which contracts for emission controls or process 
modifications will be awarded, or the date by which orders will be 
issued for the purchase of major components to accomplish emission 
controls or process changes;
    (iii) The date by which on-site construction, installation of 
emission control equipment, or a process change is to be initiated;
    (iv) The date by which on-site construction, installation of 
emissions control equipment, or a process change is to be completed;
    (v) The date by which final compliance is to be achieved;
    (vi) For compliance with paragraph Sec. 63.440(d)(3)(ii), the 
tentative dates by which compliance with effluent limitation guidelines 
and standards intermediate pollutant load effluent reductions and as 
available, all the dates for the best available technology's milestones 
reported in the National Pollutant Discharge Elimination System 
authorized under section 402 of the Clean

[[Page 549]]

Water Act and for the best professional milestones in the Voluntary 
Advanced Technology Incentives Program under 40 CFR 430.24 (b)(2); and
    (vii) The date by which the final compliance tests will be 
performed.
    (3) Until compliance is achieved, revisions or updates shall be made 
to the control strategy report required by paragraph (b) of this section 
indicating the progress made towards completing the installation of the 
emission controls or process modifications during the 2-year period.
    (c) The owner or operator of each bleaching system complying with 
Sec. 63.440(d)(3)(ii)(B) shall certify in the report specified under 
Sec. 63.10(e)(3) of subpart A of this part that the daily application 
rates of chlorine and hypochlorite for that bleaching system have not 
increased as specified in Sec. 63.440(d)(3)(ii)(B) until the 
requirements of Sec. 63.440(d)(3)(ii)(A) are met.
    (d) The owner or operator shall meet the requirements specified in 
paragraph (a) of this section upon startup of any new affected process 
equipment or pulping process condensate stream that becomes subject to 
the standards of this subpart due to a process change or modification.
    (e) If the owner or operator uses the results of the performance 
test required in Sec. 63.453(p)(2) to revise the approved values or 
ranges of the monitoring parameters specified in Sec. 63.453(j)(1) or 
(2), the owner or operator shall submit an initial notification of the 
subsequent performance test to the Administrator as soon as practicable, 
but no later than 15 days, before the performance test required in Sec. 
63.453(p)(2) is scheduled to be conducted. The owner or operator shall 
notify the Administrator as soon as practicable, but no later than 24 
hours, before the performance test is scheduled to be conducted to 
confirm the exact date and time of the performance test.
    (f) To comply with the open biological treatment system monitoring 
provisions of Sec. 63.453(p)(3), the owner or operator shall notify the 
Administrator as soon as practicable of the onset of the dangerous, 
hazardous, or otherwise unsafe conditions that did not allow a 
compliance determination to be conducted using the sampling and test 
procedures in Sec. 63.457(l). The notification shall occur no later 
than 24 hours after the onset of the dangerous, hazardous, or otherwise 
unsafe conditions and shall include the specific reason(s) that the 
sampling and test procedures in Sec. 63.457(l) could not be performed.
    (g) Malfunction reporting requirements. If a malfunction occurred 
during the reporting period, the report must include the number, 
duration and a brief description for each type of malfunction which 
occurred during the reporting period and which caused or may have caused 
any applicable emission limitation to be exceeded. The report must also 
include a description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec. 63.453(q), including actions taken to correct a malfunction.
    (h) The owner or operator must submit performance test reports as 
specified in paragraphs (h)(1) through (4) of this section.
    (1) The owner or operator of an affected source shall report the 
results of the performance test before the close of business on the 60th 
day following the completion of the performance test, unless approved 
otherwise in writing by the Administrator. A performance test is 
``completed'' when field sample collection is terminated. Unless 
otherwise approved by the Administrator in writing, results of a 
performance test shall include the analysis of samples, determination of 
emissions and raw data. A complete test report must include the purpose 
of the test; a brief process description; a complete unit description, 
including a description of feed streams and control devices; sampling 
site description; pollutants measured; description of sampling and 
analysis procedures and any modifications to standard procedures; 
quality assurance procedures; record of operating conditions, including 
operating parameters for which limits are being set, during the test; 
record of preparation of standards; record of calibrations; raw data 
sheets for field sampling; raw data sheets for field and laboratory 
analyses; chain-of-custody documentation; explanation of laboratory data 
qualifiers; example calculations of all applicable stack gas parameters,

[[Page 550]]

emission rates, percent reduction rates, and analytical results, as 
applicable; and any other information required by the test method and 
the Administrator.
    (2) Within 60 days after the date of completing each performance 
test (defined in Sec. 63.2) as required by this subpart, the owner or 
operator must submit the results of the performance tests, including any 
associated fuel analyses, required by this subpart to the EPA's WebFIRE 
database by using the Compliance and Emissions Data Reporting Interface 
(CEDRI) that is accessed through the EPA's Central Data Exchange (CDX) 
(http://www.epa.gov/cdx). Performance test data must be submitted in the 
file format generated through use of the EPA's Electronic Reporting Tool 
(ERT) (see http://www.epa.gov/ttn/chief/ert/index.html). Only data 
collected using test methods on the ERT Web site are subject to this 
requirement for submitting reports electronically to WebFIRE. Owners or 
operators who claim that some of the information being submitted for 
performance tests is confidential business information (CBI) must submit 
a complete ERT file including information claimed to be CBI on a compact 
disk, flash drive or other commonly used electronic storage media to the 
EPA. The electronic media must be clearly marked as CBI and mailed to 
U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD 
C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT file with the 
CBI omitted must be submitted to the EPA via CDX as described earlier in 
this paragraph. At the discretion of the delegated authority, the owner 
or operator must also submit these reports, including the CBI, to the 
delegated authority in the format specified by the delegated authority. 
For any performance test conducted using test methods that are not 
listed on the ERT Web site, the owner or operator must submit the 
results of the performance test to the Administrator at the appropriate 
address listed in Sec. 63.13.
    (3) Within 60 days after the date of completing each CEMS 
performance evaluation test as defined in Sec. 63.2, the owner or 
operator must submit relative accuracy test audit (RATA) data to the 
EPA's CDX by using CEDRI in accordance with paragraph (2) of this 
section. Only RATA pollutants that can be documented with the ERT (as 
listed on the ERT Web site) are subject to this requirement. For any 
performance evaluations with no corresponding RATA pollutants listed on 
the ERT Web site, the owner or operator must submit the results of the 
performance evaluation to the Administrator at the appropriate address 
listed in Sec. 63.13.
    (4) All reports required by this subpart not subject to the 
requirements in paragraphs (h)(2) and (3) of this section must be sent 
to the Administrator at the appropriate address listed in Sec. 63.13. 
The Administrator or the delegated authority may request a report in any 
form suitable for the specific case (e.g., by commonly used electronic 
media such as Excel spreadsheet, on CD or hard copy). The Administrator 
retains the right to require submittal of reports subject to paragraphs 
(h)(2) and (3) of this section in paper format

[63 FR 18617, Apr. 15, 1998, as amended at 65 FR 80763, Dec. 22, 2000; 
77 FR 55711, Sept. 11, 2012]



Sec. 63.456  Affirmative defense for violation of emission standards during 

malfunction.

    In response to an action to enforce the standards set forth in 
Sec. Sec. 63.443(c) and (d), 63.444(b) and (c), 63.445(b) and (c), 
63.446(c), (d), and (e), 63.447(b) or Sec. 63.450(d), the owner or 
operator may assert an affirmative defense to a claim for civil 
penalties for violations of such standards that are caused by 
malfunction, as defined at 40 CFR 63.2. Appropriate penalties may be 
assessed, however, if the owner or operator fails to meet the burden of 
proving all of the requirements in the affirmative defense. The 
affirmative defense shall not be available for claims for injunctive 
relief.
    (a) To establish the affirmative defense in any action to enforce 
such a standard, the owner or operator must timely meet the reporting 
requirements in paragraph (b) of this section, and must prove by a 
preponderance of evidence that:
    (1) The violation:

[[Page 551]]

    (i) Was caused by a sudden, infrequent, and unavoidable failure of 
air pollution control equipment, process equipment, or a process to 
operate in a normal or usual manner, and
    (ii) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices; and
    (iii) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (iv) Was not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when a violation 
occurred. Off-shift and overtime labor were used, to the extent 
practicable to make these repairs; and
    (3) The frequency, amount and duration of the violation (including 
any bypass) were minimized to the maximum extent practicable; and
    (4) If the violation resulted from a bypass of control equipment or 
a process, then the bypass was unavoidable to prevent loss of life, 
personal injury, or severe property damage; and
    (5) All possible steps were taken to minimize the impact of the 
violation on ambient air quality, the environment and human health; and
    (6) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (7) All of the actions in response to the violation were documented 
by properly signed, contemporaneous operating logs; and
    (8) At all times, the affected source was operated in a manner 
consistent with good practices for minimizing emissions; and
    (9) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the violation resulting from the malfunction event at 
issue. The analysis shall also specify, using best monitoring methods 
and engineering judgment, the amount of any emissions that were the 
result of the malfunction.
    (b) Report. The owner or operator seeking to assert an affirmative 
defense shall submit a written report to the Administrator with all 
necessary supporting documentation, that it has met the requirements set 
forth in paragraph (a) of this section. This affirmative defense report 
shall be included in the first periodic compliance, deviation report or 
excess emission report otherwise required after the initial occurrence 
of the violation of the relevant standard (which may be the end of any 
applicable averaging period). If such compliance, deviation report or 
excess emission report is due less than 45 days after the initial 
occurrence of the violation, the affirmative defense report may be 
included in the second compliance, deviation report or excess emission 
report due after the initial occurrence of the violation of the relevant 
standard.

[77 FR 55712, Sept. 11, 2012]



Sec. 63.457  Test methods and procedures.

    (a) Performance tests. Initial and repeat performance tests are 
required for the emissions sources specified in paragraphs (a)(1) and 
(2) of this section, except for emission sources controlled by a 
combustion device that is designed and operated as specified in Sec. 
63.443(d)(3) or (4).
    (1) Conduct an initial performance test for all emission sources 
subject to the limitations in Sec. Sec. 63.443, 63.444, 63.445, 63.446, 
and 63.447.
    (2) Conduct repeat performance tests at five-year intervals for all 
emission sources subject to the limitations in Sec. Sec. 63.443, 
63.444, and 63.445. The first of the 5-year repeat tests must be 
conducted by September 7, 2015, and thereafter within 60 months from the 
date of the previous performance test. Five-year repeat testing is not 
required for the following:
    (i) Knotter or screen systems with HAP emission rates below the 
criteria specified in Sec. 63.443(a)(1)(ii).
    (ii) Decker systems using fresh water or paper machine white water, 
or decker systems using process water with a total HAP concentration 
less than 400 parts per million by weight as specified in Sec. 
63.443(a)(1)(iv).
    (b) Vent sampling port locations and gas stream properties. For 
purposes of selecting vent sampling port locations

[[Page 552]]

and determining vent gas stream properties, required in Sec. Sec. 
63.443, 63.444, 63.445, and 63.447, each owner or operator shall comply 
with the applicable procedures in paragraphs (b)(1) through (b)(6) of 
this section.
    (1) Method 1 or 1A of part 60, appendix A-1, as appropriate, shall 
be used for selection of the sampling site as follows:
    (i) To sample for vent gas concentrations and volumetric flow rates, 
the sampling site shall be located prior to dilution of the vent gas 
stream and prior to release to the atmosphere;
    (ii) For determining compliance with percent reduction requirements, 
sampling sites shall be located prior to the inlet of the control device 
and at the outlet of the control device; measurements shall be performed 
simultaneously at the two sampling sites; and
    (iii) For determining compliance with concentration limits or mass 
emission rate limits, the sampling site shall be located at the outlet 
of the control device.
    (2) No traverse site selection method is needed for vents smaller 
than 0.10 meter (4.0 inches) in diameter.
    (3) The vent gas volumetric flow rate shall be determined using 
Method 2, 2A, 2C, or 2D of part 60, appendix A-1, as appropriate.
    (4) The moisture content of the vent gas shall be measured using 
Method 4 of part 60, appendix A-3.
    (5) To determine vent gas concentrations, the owner or operator 
shall conduct a minimum of three test runs that are representative of 
normal conditions and average the resulting pollutant concentrations 
using the following procedures.
    (i) Method 308 in Appendix A of this part; Method 320 in Appendix A 
of this part; Method 18 in appendix A-6 of part 60; ASTM D6420-99 
(Reapproved 2004) (incorporated by reference in Sec. 63.14(b)(28) of 
subpart A of this part); or ASTM D6348-03 (incorporated by reference in 
Sec. 63.14(b)(54) of subpart A of this part) shall be used to determine 
the methanol concentration. If ASTM D6348-03 is used, the conditions 
specified in paragraphs (b)(5)(i)(A) though (b)(5)(i)(B) must be met.
    (A) The test plan preparation and implementation in the Annexes to 
ASTM D6348-03, sections A1 through A8 are required.
    (B) In ASTM D6348-03 Annex A5 (Analyte Spiking Technique), the 
percent (%) R must be determined for each target analyte (Equation A5.5 
of ASTM D6348-03). In order for the test data to be acceptable for a 
compound, %R must be between 70 and 130 percent. If the %R value does 
not meet this criterion for a target compound, the test data is not 
acceptable for that compound and the test must be repeated for that 
analyte following adjustment of the sampling or analytical procedure 
before the retest. The %R value for each compound must be reported in 
the test report, and all field measurements must be corrected with the 
calculated %R value for that compound using the following equation: 
Reported Result = Measured Concentration in the Stack x 100)/%R.
    (ii) Except for the modifications specified in paragraphs 
(b)(5)(ii)(A) through (b)(5)(ii)(K) of this section, Method 26A of part 
60, appendix A-8 shall be used to determine chlorine concentration in 
the vent stream.
    (A) Probe/sampling line. A separate probe is not required. The 
sampling line shall be an appropriate length of 0.64 cm (0.25 in) OD 
Teflon [supreg] tubing. The sample inlet end of the sampling line shall 
be inserted into the stack in such a way as to not entrain liquid 
condensation from the vent gases. The other end shall be connected to 
the impingers. The length of the tubing may vary from one sampling site 
to another, but shall be as short as possible in each situation. If 
sampling is conducted in sunlight, opaque tubing shall be used. 
Alternatively, if transparent tubing is used, it shall be covered with 
opaque tape.
    (B) Impinger train. Three 30 milliliter (ml) capacity midget 
impingers shall be connected in series to the sampling line. The 
impingers shall have regular tapered stems. Silica gel shall be placed 
in the third impinger as a desiccant. All impinger train connectors 
shall be glass and/or Teflon [supreg].
    (C) Critical orifice. The critical orifice shall have a flow rate of 
200 to 250 ml/min and shall be followed by a vacuum pump capable of 
providing a vacuum of 640 millimeters of mercury (mm Hg). A

[[Page 553]]

45 millimeter diameter in-line Teflon 0.8 micrometer filter shall follow 
the impingers to protect the critical orifice and vacuum pump.
    (D) The following are necessary for the analysis apparatus:
    (1) Wash bottle filled with deionized water;
    (2) 25 or 50 ml graduated burette and stand;
    (3) Magnetic stirring apparatus and stir bar;
    (4) Calibrated pH Meter;
    (5) 150-250 ml beaker or flask; and
    (6) A 5 ml pipette.
    (E) The procedures listed in paragraphs (b)(5)(ii)(E)(1) through 
(b)(5)(ii)(E)(7) of this section shall be used to prepare the reagents.
    (1) To prepare the 1 molarity (M) potassium dihydrogen phosphate 
solution, dissolve 13.61 grams (g) of potassium dihydrogen phosphate in 
water and dilute to 100 ml.
    (2) To prepare the 1 M sodium hydroxide solution (NaOH), dissolve 
4.0 g of sodium hydroxide in water and dilute to 100 ml.
    (3) To prepare the buffered 2 percent potassium iodide solution, 
dissolve 20 g of potassium iodide in 900 ml water. Add 50 ml of the 1 M 
potassium dihydrogen phosphate solution and 30 ml of the 1 M sodium 
hydroxide solution. While stirring solution, measure the pH of solution 
electrometrically and add the 1 M sodium hydroxide solution to bring pH 
to between 6.95 and 7.05.
    (4) To prepare the 0.1 normality (N) sodium thiosulfate solution, 
dissolve 25 g of sodium thiosulfate, pentahydrate, in 800 ml of freshly 
boiled and cooled distilled water in a 1-liter volumetric flask. Dilute 
to volume. To prepare the 0.01 N sodium thiosulfate solution, add 10.0 
ml standardized 0.1 N sodium thiosulfate solution to a 100 ml volumetric 
flask, and dilute to volume with water.
    (5) To standardize the 0.1 N sodium thiosulfate solution, dissolve 
3.249 g of anhydrous potassium bi-iodate, primary standard quality, or 
3.567 g potassium iodate dried at 103 =/-2 degrees Centigrade for 1 
hour, in distilled water and dilute to 1000 ml to yield a 0.1000 N 
solution. Store in a glass-stoppered bottle. To 80 ml distilled water, 
add, with constant stirring, 1 ml concentrated sulfuric acid, 10.00 ml 
0.1000 N anhydrous potassium bi-iodate, and 1 g potassium iodide. 
Titrate immediately with 0.1 n sodium thiosulfate titrant until the 
yellow color of the liberated iodine is almost discharged. Add 1 ml 
starch indicator solution and continue titrating until the blue color 
disappears. The normality of the sodium thiosulfate solution is 
inversely proportional to the ml of sodium thiosulfate solution 
consumed:
[GRAPHIC] [TIFF OMITTED] TR15AP98.000

    (6) To prepare the starch indicator solution, add a small amount of 
cold water to 5 g starch and grind in a mortar to obtain a thin paste. 
Pour paste into 1 L of boiling distilled water, stir, and let settle 
overnight. Use clear supernate for starch indicator solution.
    (7) To prepare the 10 percent sulfuric acid solution, add 10 ml of 
concentrated sulfuric acid to 80 ml water in a 100 ml volumetric flask. 
Dilute to volume.
    (F) The procedures specified in paragraphs (b)(5)(ii)(F)(1) through 
(b)(5)(ii)(F)(5) of this section shall be used to perform the sampling.
    (1) Preparation of collection train. Measure 20 ml buffered 
potassium iodide solution into each of the first two impingers and 
connect probe, impingers, filter, critical orifice, and pump. The 
sampling line and the impingers shall be shielded from sunlight.
    (2) Leak and flow check procedure. Plug sampling line inlet tip and 
turn on pump. If a flow of bubbles is visible in either of the liquid 
impingers, tighten fittings and adjust connections and impingers. A 
leakage rate not in excess of 2 percent of the sampling rate is 
acceptable. Carefully remove the plug

[[Page 554]]

from the end of the probe. Check the flow rate at the probe inlet with a 
bubble tube flow meter. The flow should be comparable or slightly less 
than the flow rate of the critical orifice with the impingers off-line. 
Record the flow and turn off the pump.
    (3) Sample collection. Insert the sampling line into the stack and 
secure it with the tip slightly lower than the port height. Start the 
pump, recording the time. End the sampling after 60 minutes, or after 
yellow color is observed in the second in-line impinger. Record time and 
remove the tubing from the vent. Recheck flow rate at sampling line 
inlet and turn off pump. If the flow rate has changed significantly, 
redo sampling with fresh capture solution. A slight variation (less than 
5 percent) in flow may be averaged. With the inlet end of the line 
elevated above the impingers, add about 5 ml water into the inlet tip to 
rinse the line into the first impinger.
    (4) Sample analysis. Fill the burette with 0.01 N sodium thiosulfate 
solution to the zero mark. Combine the contents of the impingers in the 
beaker or flask. Stir the solution and titrate with thiosulfate until 
the solution is colorless. Record the volume of the first endpoint (TN, 
ml). Add 5 ml of the 10 percent sulfuric acid solution, and continue the 
titration until the contents of the flask are again colorless. Record 
the total volume of titrant required to go through the first and to the 
second endpoint (TA, ml). If the volume of neutral titer is less than 
0.5 ml, repeat the testing for a longer period of time. It is important 
that sufficient lighting be present to clearly see the endpoints, which 
are determined when the solution turns from pale yellow to colorless. A 
lighted stirring plate and a white background are useful for this 
purpose.
    (5) Interferences. Known interfering agents of this method are 
sulfur dioxide and hydrogen peroxide. Sulfur dioxide, which is used to 
reduce oxidant residuals in some bleaching systems, reduces formed 
iodine to iodide in the capture solution. It is therefore a negative 
interference for chlorine, and in some cases could result in erroneous 
negative chlorine concentrations. Any agent capable of reducing iodine 
to iodide could interfere in this manner. A chromium trioxide 
impregnated filter will capture sulfur dioxide and pass chlorine and 
chlorine dioxide. Hydrogen peroxide, which is commonly used as a 
bleaching agent in modern bleaching systems, reacts with iodide to form 
iodine and thus can cause a positive interference in the chlorine 
measurement. Due to the chemistry involved, the precision of the 
chlorine analysis will decrease as the ratio of chlorine dioxide to 
chlorine increases. Slightly negative calculated concentrations of 
chlorine may occur when sampling a vent gas with high concentrations of 
chlorine dioxide and very low concentrations of chlorine.
    (G) The following calculation shall be performed to determine the 
corrected sampling flow rate:
[GRAPHIC] [TIFF OMITTED] TR15AP98.001

Where:

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

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

[GRAPHIC] [TIFF OMITTED] TR15AP98.002

Where:

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

    (I) The following calculation shall be performed to determine the 
concentration of chlorine in the sample:
[GRAPHIC] [TIFF OMITTED] TR15AP98.003

Where:

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

[[Page 555]]

NThio=Normality of sodium thiosulfate titrant.

    (J) The following calculation shall be performed to determine the 
moles of chlorine dioxide in the sample:
[GRAPHIC] [TIFF OMITTED] TR15AP98.004

Where:

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

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

[GRAPHIC] [TIFF OMITTED] TR15AP98.005

Where:

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

    (iii) Any other method that measures the total HAP or methanol 
concentration that has been demonstrated to the Administrator's 
satisfaction.
    (6) The minimum sampling time for each of the three test runs shall 
be 1 hour in which either an integrated sample or four grab samples 
shall be taken. If grab sampling is used, then the samples shall be 
taken at approximately equal intervals in time, such as 15 minute 
intervals during the test run.
    (c) Liquid sampling locations and properties. For purposes of 
selecting liquid sampling locations and for determining properties of 
liquid streams such as wastewaters, process waters, and condensates 
required in Sec. Sec. 63.444, 63.446, and 63.447, the owner or operator 
shall comply with the following procedures:
    (1) Samples shall be collected using the sampling procedures of the 
test method listed in paragraph (c)(3) of this section selected to 
determine liquid stream HAP concentrations;
    (i) Where feasible, samples shall be taken from an enclosed pipe 
prior to the liquid stream being exposed to the atmosphere; and
    (ii) When sampling from an enclosed pipe is not feasible, samples 
shall be collected in a manner to minimize exposure of the sample to the 
atmosphere and loss of HAP compounds prior to sampling.
    (2) The volumetric flow rate of the entering and exiting liquid 
streams shall be determined using the inlet and outlet flow meters or 
other methods demonstrated to the Administrator's satisfaction. The 
volumetric flow rate measurements to determine actual mass removal shall 
be taken at the same time as the concentration measurements.
    (3) The owner or operator shall conduct a minimum of three test runs 
that are representative of normal conditions and average the resulting 
pollutant concentrations. The minimum sampling time for each test run 
shall be 1 hour and the grab or composite samples shall be taken at 
approximately equally spaced intervals over the 1-hour test run period. 
The owner or operator shall use one of the following procedures to 
determine total HAP or methanol concentration:
    (i) Method 305 in Appendix A of this part, adjusted using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR15AP98.006

Where:

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

    (ii) For determining methanol concentrations, NCASI Method DI/MEOH-
94.03. This test method is incorporated by reference in Sec. 
63.14(f)(1) of subpart A of this part.
    (iii) Any other method that measures total HAP concentration that 
has been demonstrated to the Administrator's satisfaction.

[[Page 556]]

    (4) To determine soluble BOD5 in the effluent stream from 
an open biological treatment unit used to comply with Sec. Sec. 
63.446(e)(2) and 63.453(j), the owner or operator shall use Method 405.1 
of part 136 of this chapter with the following modifications:
    (i) Filter the sample through the filter paper, into an Erlenmeyer 
flask by applying a vacuum to the flask sidearm. Minimize the time for 
which vacuum is applied to prevent stripping of volatile organics from 
the sample. Replace filter paper as often as needed in order to maintain 
filter times of less than approximately 30 seconds per filter paper. No 
rinsing of sample container or filter bowl into the Erlenmeyer flask is 
allowed.
    (ii) Perform Method 405.1 on the filtrate obtained in paragraph 
(c)(4) of this section. Dilution water shall be seeded with 1 milliliter 
of final effluent per liter of dilution water. Dilution ratios may 
require adjustment to reflect the lower oxygen demand of the filtered 
sample in comparison to the total BOD5. Three BOD bottles and 
different dilutions shall be used for each sample.
    (5) If the test method used to determine HAP concentration indicates 
that a specific HAP is not detectable, the value determined as the 
minimum measurement level (MML) of the selected test method for the 
specific HAP shall be used in the compliance demonstration calculations. 
To determine the MML for a specific HAP using one of the test methods 
specified in paragraph (c)(3) of this section, one of the procedures 
specified in paragraphs (c)(5)(i) and (ii) of this section shall be 
performed. The MML for a particular HAP must be determined only if the 
HAP is not detected in the normal working range of the method.
    (i) To determine the MML for a specific HAP, the following 
procedures shall be performed each time the method is set up. Set up is 
defined as the first time the analytical apparatus is placed in 
operation, after any shut down of 6 months or more, or any time a major 
component of the analytical apparatus is replaced.
    (A) Select a concentration value for the specific HAP in question to 
represent the MML. The value of the MML selected shall not be below the 
calibration standard of the selected test method.
    (B) Measure the concentration of the specific HAP in a minimum of 
three replicate samples using the selected test method. All replicate 
samples shall be run through the entire analytical procedure. The 
samples must contain the specific HAP at the selected MML concentration 
and should be representative of the liquid streams to be analyzed in the 
compliance demonstration. Spiking of the liquid samples with a known 
concentration of the target HAP may be necessary to ensure that the HAP 
concentration in the three replicate samples is at the selected MML. The 
concentration of the HAP in the spiked sample must be within 50 percent 
of the proposed MML for the demonstration to be valid. As an alternative 
to spiking, a field sample above the MML may be diluted to produce a HAP 
concentration at the MML. To be a valid demonstration, the diluted 
sample must have a HAP concentration within 20 percent of the proposed 
MML, and the field sample must not be diluted by more than a factor of 
five.
    (C) Calculate the relative standard deviation (RSD) and the upper 
confidence limit at the 95 percent confidence level using the measured 
HAP concentrations determined in paragraph (c)(5)(i)(B) of this section. 
If the upper confidence limit of the RSD is less than 30 percent, then 
the selected MML is acceptable. If the upper confidence limit of the RSD 
is greater than or equal to 30 percent, then the selected MML is too 
low, and the procedures specified in paragraphs (c)(5)(i)(A) through (C) 
of this section must be repeated.
    (ii) Provide for the Administrator's approval the selected value of 
the MML for a specific HAP and the rationale for selecting the MML 
including all data and calculations used to determine the MML. The 
approved MML must be used in all applicable compliance demonstration 
calculations.
    (6) When using the MML determined using the procedures in paragraph 
(c)(5)(ii) of this section or when using

[[Page 557]]

the MML determined using the procedures in paragraph (c)(5)(i), except 
during set up, the analytical laboratory conducting the analysis must 
perform and meet the following quality assurance procedures each time a 
set of samples is analyzed to determine compliance.
    (i) Using the selected test method, analyze in triplicate the 
concentration of the specific HAP in a representative sample. The sample 
must contain the specific HAP at a concentration that is within a factor 
of two of the MML. If there are no samples in the set being analyzed 
that contain the specific HAP at an appropriate concentration, then a 
sample below the MML may be spiked to produce the appropriate 
concentration, or a sample at a higher level may be diluted. After 
spiking, the sample must contain the specific HAP within 50 percent of 
the MML. If dilution is used instead, the diluted sample must contain 
the specific HAP within 20 percent of the MML and must not be diluted by 
more than a factor of five.
    (ii) Calculate the RSD using the measured HAP concentrations 
determined in paragraph (c)(6)(i) of this section. If the RSD is less 
than 20 percent, then the laboratory is performing acceptably.
    (d) Detectable leak procedures. To measure detectable leaks for 
closed-vent systems as specified in Sec. 63.450 or for pulping process 
wastewater collection systems as specified in Sec. 63.446(d)(2)(i), the 
owner or operator shall comply with the following:
    (1) Method 21, of part 60, appendix A-7; and
    (2) The instrument specified in Method 21 shall be calibrated before 
use according to the procedures specified in Method 21 on each day that 
leak checks are performed. The following calibration gases shall be 
used:
    (i) Zero air (less than 10 parts per million by volume of 
hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than, 10,000 parts per million by volume methane 
or n-hexane.
    (e) Negative pressure procedures. To demonstrate negative pressure 
at process equipment enclosure openings as specified in Sec. 63.450(b), 
the owner or operator shall use one of the following procedures:
    (1) An anemometer to demonstrate flow into the enclosure opening;
    (2) Measure the static pressure across the opening;
    (3) Smoke tubes to demonstrate flow into the enclosure opening; or
    (4) Any other industrial ventilation test method demonstrated to the 
Administrator's satisfaction.
    (f) HAP concentration measurements. For purposes of complying with 
the requirements in Sec. Sec. 63.443, 63.444, and 63.447, the owner or 
operator shall measure the total HAP concentration as one of the 
following:
    (1) As the sum of all individual HAPs; or
    (2) As methanol.
    (g) Condensate HAP concentration measurement. For purposes of 
complying with the kraft pulping condensate requirements in Sec. 
63.446, the owner or operator shall measure the total HAP concentration 
as methanol. For biological treatment systems complying with Sec. 
63.446(e)(2), the owner or operator shall measure total HAP as 
acetaldehyde, methanol, methyl ethyl ketone, and propionaldehyde and 
follow the procedures in Sec. 63.457(l)(1) or (2).
    (h) Bleaching HAP concentration measurement. For purposes of 
complying with the bleaching system requirements in Sec. 63.445, the 
owner or operator shall measure the total HAP concentration as the sum 
of all individual chlorinated HAPs or as chlorine.
    (i) Vent gas stream calculations. To demonstrate compliance with the 
mass emission rate, mass emission rate per megagram of ODP, and percent 
reduction requirements for vent gas streams specified in Sec. Sec. 
63.443, 63.444, 63.445, and 63.447, the owner or operator shall use the 
following:
    (1) The total HAP mass emission rate shall be calculated using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR15AP98.007

Where:

E=Mass emission rate of total HAP from the sampled vent, kilograms per 
          hour.

[[Page 558]]

K2=Constant, 2.494x10-6 (parts per million by 
          volume)-1 (gram-mole per standard cubic meter) 
          (kilogram/gram) (minutes/hour), where standard temperature for 
          (gram-mole per standard cubic meter) is 20 [deg]C.
Cj=Concentration on a dry basis of pollutant j in parts per 
          million by volume as measured by the test methods specified in 
          paragraph (b) of this section.
Mj=Molecular weight of pollutant j, gram/gram-mole.
Qs=Vent gas stream flow rate (dry standard cubic meter per 
          minute) at a temperature of 20 [deg]C as indicated in 
          paragraph (b) of this section.
n=Number of individual pollutants, i, summed to calculate total HAP.

    (2) The total HAP mass emission rate per megagram of ODP shall be 
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR15AP98.008

Where:

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

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

[GRAPHIC] [TIFF OMITTED] TR15AP98.009

Where:

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

    (j) Liquid stream calculations. To demonstrate compliance with the 
mass flow rate, mass per megagram of ODP, and percent reduction 
requirements for liquid streams specified in Sec. 63.446, the owner or 
operator shall use the following:
    (1) The mass flow rates of total HAP or methanol entering and 
exiting the treatment process shall be calculated using the following 
equations:
[GRAPHIC] [TIFF OMITTED] TR15AP98.010

Where:

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

    (2) The mass of total HAP or methanol per megagram ODP shall be 
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR15AP98.011

Where:

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

    (3) The percent reduction of total HAP across the applicable 
treatment

[[Page 559]]

process shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR15AP98.012

Where:

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

    (4) Compounds that meet the requirements specified in paragraphs 
(j)(4)(i) or (4)(ii) of this section are not required to be included in 
the mass flow rate, mass per megagram of ODP, or the mass percent 
reduction determinations.
    (i) Compounds with concentrations at the point of determination that 
are below 1 part per million by weight; or
    (ii) Compounds with concentrations at the point of determination 
that are below the lower detection limit where the lower detection limit 
is greater than 1 part per million by weight.
    (k) Oxygen concentration correction procedures. To demonstrate 
compliance with the total HAP concentration limit of 20 ppmv in Sec. 
63.443(d)(2), the concentration measured using the methods specified in 
paragraph (b)(5) of this section shall be corrected to 10 percent oxygen 
using the following procedures:
    (1) The emission rate correction factor and excess air integrated 
sampling and analysis procedures of Methods 3A or 3B of part 60, 
appendix A-2 shall be used to determine the oxygen concentration. The 
samples shall be taken at the same time that the HAP samples are taken. 
As an alternative to Method 3B, ASME PTC 19.10-1981 [Part 10] may be 
used (incorporated by reference, see Sec. 63.14(i)(1)).
    (2) The concentration corrected to 10 percent oxygen shall be 
computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR15AP98.013

Where:

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

    (l) Biological treatment system percent reduction and mass removal 
calculations. To demonstrate compliance with the condensate treatment 
standards specified in Sec. 63.446(e)(2) and the monitoring 
requirements specified in Sec. 63.453(j)(3) using a biological 
treatment system, the owner or operator shall use one of the procedures 
specified in paragraphs (1)(1) and (2) of this section. Owners or 
operators using a nonthoroughly mixed open biological treatment system 
shall also comply with paragraph (1)(3) of this section.
    (1) Percent reduction methanol procedure. For the purposes of 
complying with the condensate treatment requirements specified in Sec. 
63.446(e)(2) and (3), the methanol percent reduction shall be calculated 
using the following equations:
[GRAPHIC] [TIFF OMITTED] TR14MY01.003

Where:

R = Percent destruction.
fbio(MeOH) = The fraction of methanol removed in the 
          biological treatment system. The site-specific biorate 
          constants shall be determined using the appropriate procedures 
          specified in appendix C of this part.
r = Ratio of the sum of acetaldehyde, methyl ethyl ketone, and 
          propionaldehyde mass to methanol mass.
F(nonmethanol) = The sum of acetaldehyde, methyl ethyl 
          ketone, and propionaldehyde mass flow rates (kg/Mg ODP) 
          entering the biological treatment system determined using the 
          procedures in paragraph (j)(2) of this section.
F(methanol) = The mass flow rate (kg/Mg ODP) of methanol 
          entering the system determined using the procedures in 
          paragraph (j)(2) of this section.

    (2) Mass removal methanol procedure. For the purposes of complying 
with the condensate treatment requirements

[[Page 560]]

specified in Sec. 63.446(e)(2) and (4), or Sec. 63.446(e)(2) and (5), 
the methanol mass removal shall be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR14MY01.004

Where:

F = Methanol mass removal (kg/Mg ODP).
Fb = Inlet mass flow rate of methanol (kg/Mg ODP) determined 
          using the procedures in paragraph (j)(2) of this section.
fbio(MeOH) = The fraction of methanol removed in the 
          biological treatment system. The site-specific biorate 
          constants shall be determined using the appropriate procedures 
          specified in appendix C of this part.
r = Ratio of the sum of acetaldehyde, methyl ethyl ketone, and 
          propionaldehyde mass to methanol mass determined using the 
          procedures in paragraph (1) of this section.

    (3) The owner or operator of a nonthoroughly mixed open biological 
treatment system using the monitoring requirements specified in Sec. 
63.453(p)(3) shall follow the procedures specified in section III.B.1 of 
appendix E of this part to determine the borate constant, Ks, and 
characterize the open biological treatment system during the initial and 
any subsequent performance tests.
    (m) Condensate segregation procedures. The following procedures 
shall be used to demonstrate compliance with the condensate segregation 
requirements specified in Sec. 63.446(c).
    (1) To demonstrate compliance with the percent mass requirements 
specified in Sec. 63.446(c)(2), the procedures specified in paragraphs 
(m)(1)(i) through (iii) of this section shall be performed.
    (i) Determine the total HAP mass of all condensates from each 
equipment system listed in Sec. 63.446 (b)(1) through (b)(3) using the 
procedures specified in paragraphs (c) and (j) of this section.
    (ii) Multiply the total HAP mass determined in paragraph (m)(1)(i) 
of this section by 0.65 to determine the target HAP mass for the high-
HAP fraction condensate stream or streams.
    (iii) Compliance with the segregation requirements specified in 
Sec. 63.446(c)(2) is demonstrated if the condensate stream or streams 
from each equipment system listed in Sec. 63.446(b)(1) through (3) 
being treated as specified in Sec. 63.446(e) contain at least as much 
total HAP mass as the target total HAP mass determined in paragraph 
(m)(1)(ii) of this section.
    (2) To demonstrate compliance with the percent mass requirements 
specified in Sec. 63.446(c)(3), the procedures specified in paragraphs 
(m)(2)(i) through (ii) of this section shall be performed.
    (i) Determine the total HAP mass contained in the high-HAP fraction 
condensates from each equipment system listed in Sec. 63.446(b)(1) 
through (b)(3) and the total condensates streams from the equipment 
systems listed in Sec. 63.446(b)(4) and (b)(5), using the procedures 
specified in paragraphs (c) and (j) of this section.
    (ii) Compliance with the segregation requirements specified in Sec. 
63.446(c)(3) is demonstrated if the total HAP mass determined in 
paragraph (m)(2)(i) of this section is equal to or greater than the 
appropriate mass requirements specified in Sec. 63.446(c)(3).
    (n) Open biological treatment system monitoring sampling storage. 
The inlet and outlet grab samples required to be collected in Sec. 
63.453(j)(1)(ii) shall be stored at 4 [deg]C (40 [deg]F) to minimize the 
biodegradation of the organic compounds in the samples.
    (o) Performance tests shall be conducted under such conditions as 
the Administrator specifies to the owner or operator based on 
representative performance of the affected source for the period being 
tested. Upon request, the owner or operator shall make available to the 
Administrator such records as may be necessary to determine the 
conditions of performance tests.

[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17564, Apr. 12, 1999; 
65 FR 80763, Dec. 22, 2000; 66 FR 24269, May 14, 2001; 77 FR 55712, 
Sept. 11, 2012]



Sec. 63.458  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to

[[Page 561]]

implement and enforce this subpart. Contact the applicable U.S. EPA 
Regional Office to find out if this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.440, 63.443 through 63.447 and 63.450. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart.
    (2) Approval of alternatives to using Sec. Sec. 63.457(b)(5)(iii), 
63.457(c)(3)(ii) through (iii), and 63.257(c)(5)(ii), and any major 
alternatives to test methods under Sec. 63.7(e)(2)(ii) and (f), as 
defined in Sec. 63.90, and as required in this subpart.
    (3) Approval of alternatives using Sec. 64.453(m) and any major 
alternatives to monitoring under Sec. 63.8(f), as defined in Sec. 
63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37348, June 23, 2003]



Sec. 63.459  Alternative standards.

    (a) Flint River Mill. The owner or operator of the pulping system 
using the kraft process at the manufacturing facility, commonly called 
Weyerhaeuser Company Flint River Operations, at Old Stagecoach Road, 
Oglethorpe, Georgia, (hereafter the Site) shall comply with all 
provisions of this subpart, except as specified in paragraphs (a)(1) 
through (a)(5) of this section.
    (1) The owner or operator of the pulping system is not required to 
control total HAP emissions from equipment systems specified in 
paragraphs (a)(1)(i) and (a)(1)(ii) if the owner or operator complies 
with paragraphs (a)(2) through (a)(5) of this section.
    (i) The brownstock diffusion washer vent and first stage brownstock 
diffusion washer filtrate tank vent in the pulp washing system specified 
in Sec. 63.443(a)(1)(iii).
    (ii) The oxygen delignification system specified in Sec. 
63.443(a)(1)(v).
    (2) The owner or operator of the pulping system shall control total 
HAP emissions from equipment systems listed in paragraphs (a)(2)(i) 
through (a)(2)(ix) of this section as specified in Sec. 63.443(c) and 
(d) of this subpart no later than April 16, 2002.
    (i) The weak liquor storage tank;
    (ii) The boilout tank;
    (iii) The utility tank;
    (iv) The fifty percent solids black liquor storage tank;
    (v) The south sixty-seven percent solids black liquor storage tank;
    (vi) The north sixty-seven percent solids black liquor storage tank;
    (vii) The precipitator make down tanks numbers one, two and three;
    (viii) The salt cake mix tank; and
    (ix) The NaSH storage tank.
    (3) The owner and operator of the pulping system shall operate the 
Isothermal Cooking system at the site while pulp is being produced in 
the continuous digester at any time after April 16, 2002.
    (i) The owner or operator shall monitor the following parameters to 
demonstrate that isothermal cooking is in operation:
    (A) Continuous digester dilution factor; and
    (B) The difference between the continuous digester vapor zone 
temperature and the continuous digester extraction header temperature.
    (ii) The isothermal cooking system shall be in operation when the 
continuous digester dilution factor and the temperature difference 
between the continuous digester vapor zone temperature and the 
continuous digester extraction header temperature are maintained as set 
forth in Table 2:

[[Page 562]]



                       Table 2 to Subpart S--Isothermal Cooking System Operational Values
----------------------------------------------------------------------------------------------------------------
              Parameter                   Instrument number              Limit                    Units
----------------------------------------------------------------------------------------------------------------
Digester Dilution Factor.............  K1DILFAC...............  0.0.........  None
Difference in Digester Vapor Zone      03TI0311...............  <10....................  Degrees F.
 Temperature and Digester.
Extraction Header Temperature........  03TI0329...............
----------------------------------------------------------------------------------------------------------------

    (iii) The owner or operator shall certify annually the operational 
status of the isothermal cooking system.
    (4) [Reserved]
    (5) Definitions. All descriptions and references to equipment and 
emission unit ID numbers refer to equipment at the Site. All terms used 
in this paragraph shall have the meaning given them in this part and 
this paragraph. For the purposes of this paragraph only the following 
additional definitions apply:
    Boilout tank means the tank that provides tank storage capacity for 
recovery of black liquor spills and evaporator water washes for return 
to the evaporators (emission unit ID No. U606);
    Brownstock diffusion washer means the equipment used to wash pulp 
from the surge chests to further reduce lignin carryover in the pulp;
    Continuous digester means the digester system used to chemically and 
thermally remove the lignin binding the wood chips to produce individual 
pulp fibers (emission unit ID No. P300);
    Fifty percent solids black liquor storage tank means the tank used 
to store intermediate black liquor prior to final evaporation in the 1A, 
1B, and 1C Concentrators (emission unit ID No. U605);
    First stage brownstock diffusion washer means the equipment that 
receives and stores filtrate from the first stage of washing for return 
to the pressure diffusion washer;
    Isothermal cooking system means the 1995-1996 modernization of 
brownstock pulping process including conversion of the Kamyr continuous 
vapor phase digester to an extended delignification unit and changes in 
the knotting, screening, and oxygen stage systems:
    NaSH storage tank means the tank used to store sodium hydrosulfite 
solution prior to use as make-up to the liquor system
    North sixty-seven percent solids black liquor storage tank means one 
of two tanks used to store black liquor prior to burning in the Recovery 
Boiler for chemical recovery (emission unit ID No. U501);
    Precipitator make down tank numbers one, two and three mean tanks 
used to mix collected particulate from electrostatic precipitator 
chamber number one with 67% black liquor for recycle to chemical 
recovery in the Recovery Boiler (emission unit ID Nos. U504, U505 and 
U506);
    Salt cake mix tank means the tank used to mix collected particulate 
from economizer hoppers with black liquor for recycle to chemical 
recovery in the Recovery Boiler (emission unit ID No. U503);
    South sixty-seven percent solids black liquor storage tank means one 
of two tanks used to store black liquor prior to burning in the Recovery 
Boiler for chemical recovery (emission unit ID No. U502);
    Utility tank means the tank used to store fifty percent liquor and, 
during black liquor tank inspections and repairs, to serve as a backup 
liquor storage tank (emission unit ID No. U611);
    Weak gas system means high volume, low concentration or HVLC system 
as defined in Sec. 63.441; and
    Weak liquor storage tank means the tank that provide surge capacity 
for weak black liquor from digesting prior to feed to multiple effect 
evaporators (emission unit ID No. U610).
    (b) Tomahawk Wisconsin Mill--(1) Applicability. (i) The provisions 
of this paragraph (b) apply to the owner or operator of the stand-alone 
semi-chemical pulp and paper mill located at N9090 County Road E in 
Tomahawk, Wisconsin, referred to as the Tomahawk Mill.
    (ii) The owner or operator is not required to comply with the 
provisions of

[[Page 563]]

this paragraph (b) if the owner and operator chooses to comply with the 
otherwise applicable sections of this subpart and provides the EPA with 
notice.
    (iii) If the owner or operator chooses to comply with the provisions 
of this paragraph (b) the owner or operator shall comply with all 
applicable provisions of this part, including this subpart, except the 
following:
    (A) Section 63.443(b);
    (B) Section 63.443(c); and
    (C) Section 63.443(d).
    (2) Collection and routing of HAP emissions. (i) The owner or 
operator shall collect the total HAP emissions from each LVHC system.
    (ii) Each LVHC system shall be enclosed and the HAP emissions shall 
be vented into a closed-vent system. The enclosures and closed-vent 
system shall meet requirements specified in paragraph (b)(6) of this 
section.
    (iii) The HAP emissions shall be routed as follows:
    (A) The HAP emissions collected in the closed-vent system from the 
digester system shall be routed through the primary indirect contact 
condenser, secondary indirect contact condenser, and evaporator indirect 
contact condenser; and
    (B) The HAP emissions collected in the closed-vent system from the 
evaporator system and foul condensate standpipe shall be routed through 
the evaporator indirect contact condenser.
    (3) Collection and routing of pulping process condensates. (i) The 
owner or operator shall collect the pulping process condensates from the 
following equipment systems:
    (A) Primary indirect contact condenser;
    (B) Secondary indirect contact condenser; and
    (C) Evaporator indirect contact condenser.
    (ii) The collected pulping process condensates shall be conveyed in 
a closed collection system that is designed and operated to meet the 
requirements specified in paragraph (b)(7) of this section.
    (iii) The collected pulping process condensates shall be routed in 
the closed collection system to the wastewater treatment plant anaerobic 
basins for biodegradation.
    (iv) The pulping process condensates shall be discharged into the 
wastewater treatment plant anaerobic basins below the liquid surface of 
the wastewater treatment plant anaerobic basins.
    (4) HAP destruction efficiency requirements of the wastewater 
treatment plant. (i) The owner or operator shall achieve a destruction 
efficiency of at least one pound of HAPs per ton of ODP by 
biodegradation in the wastewater treatment plant.
    (ii) The following calculation shall be performed to determine the 
HAP destruction efficiency by biodegradation in the wastewater treatment 
plant:
[GRAPHIC] [TIFF OMITTED] TR13AP04.093

Where:

HAPd = HAP destruction efficiency of wastewater treatment 
          plant (pounds of HAPs per ton of ODP);
RMEfr = flow rate of raw mill effluent (millions of gallons 
          per day);
RMEc = HAP concentration of raw mill effluent (milligrams per 
          liter);
PPCfr = flow rate of pulping process condensates (millions of 
          gallons per day);
PPCc = HAP concentration of pulping process condensates 
          (milligrams per liter);
ABDfr = flow rate of anaerobic basin discharge (millions of 
          gallons per day);
ABDc = HAP concentration of anaerobic basin discharge 
          (milligrams per liter); and
ODPr = rate of production of oven dried pulp (tons per day).

    (5) Monitoring requirements and parameter ranges. (i) The owner or 
operator shall install, calibrate, operate, and maintain according to 
the manufacturer's specifications a continuous monitoring system (CMS, 
as defined in Sec. 63.2), using a continuous recorder, to monitor the 
following parameters:

[[Page 564]]

    (A) Evaporator indirect contact condenser vent temperature;
    (B) Pulping process condensates flow rate;
    (C) Wastewater treatment plant effluent flow rate; and
    (D) Production rate of ODP.
    (ii) The owner or operator shall additionally monitor, on a daily 
basis, in each of the four anaerobic basins, the ratio of volatile acid 
to alkalinity (VA/A ratio). The owner or operator shall use the test 
methods identified for determining acidity and alkalinity as specified 
in 40 CFR 136.3, Table 1B.
    (iii) The temperature of the evaporator indirect contact condenser 
vent shall be maintained at or below 140 [deg]F on a continuous basis.
    (iv) The VA/A ratio in each of the four anaerobic basins shall be 
maintained at or below 0.5 on a continuous basis.
    (A) The owner or operator shall measure the methanol concentration 
of the outfall of any basin, using NCASI Method DI/MEOH 94.03 
(incorporated by reference, see Sec. 63.14), when the VA/A ratio of 
that basin exceeds the following:
    (1) 0.38, or
    (2) The highest VA/A ratio at which the outfall of any basin has 
previously measured non-detect for methanol, using NCASI Method DI/MEOH 
94.03 (incorporated by reference, see Sec. 63.14).
    (B) If the outfall of that basin measures detect for methanol, the 
owner or operator shall verify compliance with the emission standard 
specified in paragraph (b)(4) of this section by conducting a 
performance test pursuant to the requirements specified in paragraph 
(b)(8) of this section.
    (v) The owner or operator may seek to establish or reestablish the 
parameter ranges, and/or the parameters required to be monitored as 
provided in paragraphs (b)(5)(i) through (v) of this section, by 
following the provisions of Sec. 63.453(n)(1) through (4).
    (6) Standards and monitoring requirements for each enclosure and 
closed-vent system. (i) The owner or operator shall comply with the 
design and operational requirements specified in paragraphs (b)(6)(ii) 
through (iv) of this section, and the monitoring requirements of 
paragraphs (b)(6)(v) through (x) of this section for each enclosure and 
closed-vent system used for collecting and routing of HAP emissions as 
specified in paragraph (b)(2) of this section.
    (ii) Each enclosure shall be maintained at negative pressure at each 
enclosure or hood opening as demonstrated by the procedures specified in 
Sec. 63.457(e). Each enclosure or hood opening closed during the 
initial performance test shall be maintained in the same closed and 
sealed position as during the performance test at all times except when 
necessary to use the opening for sampling, inspection, maintenance, or 
repairs.
    (iii) Each component of the closed-vent system that is operated at 
positive pressure shall be designed for and operated with no detectable 
leaks as indicated by an instrument reading of less than 500 parts per 
million by volume above background, as measured by the procedures 
specified in Sec. 63.457(d).
    (iv) Each bypass line in the closed-vent system that could divert 
vent streams containing HAPs to the atmosphere without meeting the 
routing requirements specified in paragraph (b)(2) of this section shall 
comply with either of the following requirements:
    (A) On each bypass line, the owner or operator shall install, 
calibrate, maintain, and operate according to the manufacturer's 
specifications a flow indicator that provides a record of the presence 
of gas stream flow in the bypass line at least once every 15 minutes. 
The flow indicator shall be installed in the bypass line in such a way 
as to indicate flow in the bypass line; or
    (B) For bypass line valves that are not computer controlled, the 
owner or operator shall maintain the bypass line valve in the closed 
position with a car seal or seal placed on the valve or closure 
mechanism in such a way that the valve or closure mechanism cannot be 
opened without breaking the seal.
    (v) For each enclosure opening, the owner or operator shall perform, 
at least once every 30 days, a visual inspection of the closure 
mechanism specified in paragraph (b)(6)(ii) of this section to ensure 
the opening is maintained in the closed position and sealed.

[[Page 565]]

    (vi) For each closed-vent system required by paragraph (b)(2) of 
this section, the owner or operator shall perform a visual inspection 
every 30 days and at other times as requested by the Administrator. The 
visual inspection shall include inspection of ductwork, piping, 
enclosures, and connections to covers for visible evidence of defects.
    (vii) For positive pressure closed-vent systems, or portions of 
closed-vent systems, the owner or operator shall demonstrate no 
detectable leaks as specified in paragraph (b)(6)(iii) of this section, 
measured initially and annually by the procedures in Sec. 63.457(d).
    (viii) For each enclosure that is maintained at negative pressure, 
the owner or operator shall demonstrate initially and annually that it 
is maintained at negative pressure as specified in Sec. 63.457(e).
    (ix) For each valve or closure mechanism as specified in paragraph 
(b)(6)(iv)(B) of this section, the owner or operator shall perform an 
inspection at least once every 30 days to ensure that the valve is 
maintained in the closed position and the emissions point gas stream is 
not diverted through the bypass line.
    (x) If an inspection required by paragraph (b)(6) of this section 
identifies visible defects in ductwork, piping, enclosures, or 
connections to covers required by paragraph (b)(6) of this section, or 
if an instrument reading of 500 parts per million by volume or greater 
above background is measured, or if the enclosure openings are not 
maintained at negative pressure, then the following corrective actions 
shall be taken as soon as follows:
    (A) A first effort to repair or correct the closed-vent system shall 
be made as soon as practicable but no later than 5 calendar days after 
the problem is identified.
    (B) The repair or corrective action shall be completed no later than 
15 calendar days after the problem is identified.
    (7) Standards and monitoring requirements for the pulping process 
condensates closed collection system. (i) The owner or operator shall 
comply with the design and operational requirements specified in 
paragraphs (b)(7)(ii) through (iii) of this section, and monitoring 
requirements of paragraph (b)(7)(iv) for the equipment systems in 
paragraph (b)(3) of this section used to route the pulping process 
condensates in a closed collection system.
    (ii) Each closed collection system shall meet the individual drain 
system requirements specified in Sec. Sec. 63.960, 63.961, and 63.962, 
except that the closed vent systems shall be designed and operated in 
accordance with paragraph (b)(6) of this section, instead of in 
accordance with Sec. 63.693 as specified in Sec. 63.692(a)(3)(ii), 
(b)(3)(ii)(A), and (b)(3)(ii)(B)(5)(iii); and
    (iii) If a condensate tank is used in the closed collection system, 
the tank shall meet the following requirements:
    (A) The fixed roof and all openings (e.g., access hatches, sampling 
ports, gauge wells) shall be designed and operated with no detectable 
leaks as indicated by an instrument reading of less than 500 parts per 
million above background, and vented into a closed-vent system that 
meets the requirements of paragraph (b)(6) of this section and routed in 
accordance with paragraph (b)(2) of this section; and
    (B) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
the tank contains pulping process condensates or any HAPs removed from a 
pulping process condensate stream except when it is necessary to use the 
opening for sampling, removal, or for equipment inspection, maintenance, 
or repair.
    (iv) For each pulping process condensate closed collection system 
used to comply with paragraph (b)(3) of this section, the owner or 
operator shall perform a visual inspection every 30 days and shall 
comply with the inspection and monitoring requirements specified in 
Sec. 63.964 except for the closed-vent system and control device 
inspection and monitoring requirements specified in Sec. 63.964(a)(2).
    (8) Quarterly performance testing. (i) The owner or operator shall, 
within 45 days after the beginning of each quarter, conduct a 
performance test.
    (ii) The owner or operator shall use NCASI Method DI/HAPS-99.01 
(incorporated by reference, see Sec. 63.14) to collect a grab sample 
and determine the

[[Page 566]]

HAP concentration of the Raw Mill Effluent, Pulping Process Condensates, 
and Anaerobic Basin Discharge for the quarterly performance test 
conducted during the first quarter each year.
    (iii) For each of the remaining three quarters, the owner or 
operator may use NCASI Method DI/MEOH 94.03 (incorporated by reference, 
see Sec. 63.14) as a surrogate to collect and determine the HAP 
concentration of the Raw Mill Effluent, Pulping Process Condensates, and 
Anaerobic Basin Discharge.
    (iv) The sample used to determine the HAP or Methanol concentration 
in the Raw Mill Effluent, Pulping Process Condensates, or Anaerobic 
Basin Discharge shall be a composite of four grab samples taken evenly 
spaced over an eight hour time period.
    (v) The Raw Mill Effluent grab samples shall be taken from the raw 
mill effluent composite sampler.
    (vi) The Pulping Process Condensates grab samples shall be taken 
from a line tap on the closed condensate collection system prior to 
discharge into the wastewater treatment plant.
    (vii) The Anaerobic Basic Discharge grab samples shall be taken 
subsequent to the confluence of the four anaerobic basin discharges.
    (viii) The flow rate of the Raw Mill Effluent, Pulping Process 
Condensates, and Anaerobic Basin Discharge, and the production rate of 
ODP shall be averaged over eight hours.
    (ix) The data collected as specified in paragraphs (b)(5) and (b)(8) 
of this section shall be used to determine the HAP destruction 
efficiency of the wastewater treatment plant as specified in paragraph 
(b)(4)(ii) of this section.
    (x) The HAP destruction efficiency shall be at least as great as 
that specified by paragraph (b)(4)(i) of this section.
    (9) Recordkeeping requirements. (i) The owner or operator shall 
comply with the recordkeeping requirements as specified in Table 1 of 
subpart S of part 63 as it pertains to Sec. 63.10.
    (ii) The owner or operator shall comply with the recordkeeping 
requirements as specified in Sec. 63.454(b).
    (iii) The owner or operator shall comply with the recordkeeping 
requirements as specified in Sec. 63.453(d).
    (10) Reporting requirements. (i) Each owner or operator shall comply 
with the reporting requirements as specified in Table 1 of Sec. 63.10.
    (ii) Each owner or operator shall comply with the reporting 
requirements as specified in Sec. 63.455(d).
    (11) Violations. (i) Failure to comply with any applicable provision 
of this part shall constitute a violation.
    (ii) Periods of excess emissions shall not constitute a violation 
provided the time of excess emissions divided by the total process 
operating time in a semi-annual reporting period does not exceed one 
percent. All periods of excess emission shall be reported, and shall 
include:
    (iii) Notwithstanding paragraph (b)(11)(ii) of this section, any 
excess emissions that present an imminent threat to public health or the 
environment, or may cause serious harm to public health or the 
environment, shall constitute a violation.

[66 FR 34124, June 27, 2001, as amended at 66 FR 52538, Oct. 16, 2001; 
69 FR 19740, Apr. 13, 2004; 77 FR 55713, Sept. 11, 2012]



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

                            to Subpart S \a\

------------------------------------------------------------------------
                               Applies to  subpart
          Reference                     S                  Comment
------------------------------------------------------------------------
63.1(a)(1)-(3)..............  Yes.................
63.1(a)(4)..................  Yes.................  Subpart S (this
                                                     table) specifies
                                                     applicability of
                                                     each paragraph in
                                                     subpart A to
                                                     subpart S.
63.1(a)(5)..................  No..................  Section reserved.
63.1(a)(6)..................  Yes.................
63.1(a)(7)-(9)..............  No..................  Sections reserved.
63.1(a)(10).................  No..................  Subpart S and other
                                                     cross-referenced
                                                     subparts specify
                                                     calendar or
                                                     operating day.
63.1(a)(11)-(12)............  Yes.................
63.1(b)(1)..................  No..................  Subpart S specifies
                                                     its own
                                                     applicability.
63.1(b)(2)..................  No..................  Section reserved.

[[Page 567]]

 
63.1(b)(3)..................  Yes.................
63.1(c)(1)-(2)..............  Yes.................
63.1(c)(3)-(4)..............  No..................  Sections reserved.
63.1(c)(5)..................  Yes.................
63.1(d).....................  No..................  Section reserved.
63.1(e).....................  Yes.................
63.2........................  Yes.................
63.3........................  Yes.................
63.4(a)(1)-(2)..............  Yes.................
63.4(a)(3)-(5)..............  No..................  Sections reserved.
63.4(b).....................  Yes.................
63.4(c).....................  Yes.................
63.5(a).....................  Yes.................
63.5(b)(1)..................  Yes.................
63.5(b)(2)..................  No..................  Section reserved.
63.5(b)(3)-(4)..............  Yes.................
63.5(b)(5)..................  No..................  Section reserved.
63.5(b)(6)..................  Yes.................
63.5(c).....................  No..................  Section reserved.
63.5(d).....................  Yes.................
63.5(e).....................  Yes.................
63.5(f).....................  Yes.................
63.6(a).....................  Yes.................
63.6(b)(1)-(5)..............  No..................  Subpart S specifies
                                                     compliance dates
                                                     for sources subject
                                                     to subpart S.
63.6(b)(6)..................  No..................  Section reserved.
63.6(b)(7)..................  No..................  Subpart S specifies
                                                     compliance dates
                                                     for sources subject
                                                     to subpart S.
63.6(c)(1)-(2)..............  No..................  Subpart S specifies
                                                     compliance dates
                                                     for sources subject
                                                     to subpart S.
63.6(c)(3)-(4)..............  No..................  Sections reserved.
63.6(c)(5)..................  No..................  Subpart S specifies
                                                     compliance dates
                                                     for sources subject
                                                     to subpart S.
63.6(d).....................  No..................  Section reserved.
63.6(e)(1)(i)...............  No..................  See Sec.  63.453(q)
                                                     for general duty
                                                     requirement.
63.6(e)(1)(ii)..............  No..................
63.6(e)(1)(iii).............  Yes.................
63.6(e)(2)..................  No..................  Section reserved.
63.6(e)(3)..................  No..................
63.6(f)(1)..................  No..................
63.6(f)(2)-(3)..............  Yes.................
63.6(g).....................  Yes.................
63.6(h)(1)-(2)..............  No..................  Pertains to
                                                     continuous opacity
                                                     monitors that are
                                                     not part of this
                                                     standard.
63.6(h)(3)..................  No..................  Section reserved.
63.6(h)(4)-(9)..............  No..................  Pertains to
                                                     continuous opacity
                                                     monitors that are
                                                     not part of this
                                                     standard.
63.6(i)(1)-(14).............  Yes.................
63.6(i)(15).................  No..................  Section reserved.
63.6(i)(16).................  Yes.................
63.6(j).....................  Yes.................
63.7(a).....................  Yes.................
63.7(b).....................  Yes.................
63.7(c).....................  Yes.................
63.7(d).....................  Yes.................
63.7(e)(1)..................  No..................  Replaced with Sec.
                                                     63.457(o), which
                                                     specifies
                                                     performance testing
                                                     conditions under
                                                     subpart S.
63.7(e)(2)-(4)..............  Yes.................
63.7(f).....................  Yes.................
63.7(g)(1)..................  Yes.................
63.7(g)(2)..................  No..................  Section reserved.
63.7(g)(3)..................  Yes.................
63.7(h).....................  Yes.................
63.8(a)(1)-(2)..............  Yes.................
63.8(a)(3)..................  No..................  Section reserved.
63.8(a)(4)..................  Yes.................
63.8(b)(1)..................  Yes.................
63.8(b)(2)..................  No..................  Subpart S specifies
                                                     locations to
                                                     conduct monitoring.
63.8(b)(3)..................  Yes.................
63.8(c)(1)-(c)(1)(i)........  No..................  See Sec.  63.453(q)
                                                     for general duty
                                                     requirement (which
                                                     includes monitoring
                                                     equipment).
63.8(c)(1)(ii)..............  Yes.................
63.8(c)(1)(iii).............  No..................

[[Page 568]]

 
63.8(c)(2)-(3)..............  Yes.................
63.8(c)(4)..................  No..................  Subpart S allows
                                                     site specific
                                                     determination of
                                                     monitoring
                                                     frequency in Sec.
                                                     63.453(n)(4).
63.8(c)(5)..................  No..................  Pertains to
                                                     continuous opacity
                                                     monitors that are
                                                     not part of this
                                                     standard.
63.8(c)(6)-(8)..............  Yes.................
63.8(d)(1)-(2)..............  Yes.................
63.8(d)(3)..................  Yes, except for last  SSM plans are not
                               sentence, which       required
                               refers to an SSM
                               plan.
63.8(e).....................  Yes.................
63.8(f)(1)-(5)..............  Yes.................
63.8(f)(6)..................  No..................  Subpart S does not
                                                     specify relative
                                                     accuracy test for
                                                     CEMs.
63.8(g).....................  Yes.................
63.9(a).....................  Yes.................
63.9(b)(1)-(2)..............  Yes.................  Initial
                                                     notifications must
                                                     be submitted within
                                                     one year after the
                                                     source becomes
                                                     subject to the
                                                     relevant standard.
63.9(b)(3)..................  No..................  Section reserved.
63.9(b)(4)-(5)..............  Yes.................
63.9(c).....................  Yes.................
63.9(d).....................  No..................  Special compliance
                                                     requirements are
                                                     only applicable to
                                                     kraft mills.
63.9(e).....................  Yes.................
63.9(f).....................  No..................  Pertains to
                                                     continuous opacity
                                                     monitors that are
                                                     not part of this
                                                     standard.
63.9(g)(1)..................  Yes.................
63.9(g)(2)..................  No..................  Pertains to
                                                     continuous opacity
                                                     monitors that are
                                                     not part of this
                                                     standard.
63.9(g)(3)..................  No..................  Subpart S does not
                                                     specify relative
                                                     accuracy tests,
                                                     therefore no
                                                     notification is
                                                     required for an
                                                     alternative.
63.9(h)(1)-(3)..............  Yes.................
63.9(h)(4)..................  No..................  Section reserved.
63.9(h)(5)-(6)..............  Yes.................
63.9(i).....................  Yes.................
63.9(j).....................  Yes.................
63.10(a)....................  Yes.................
63.10(b)(1).................  Yes.................
63.10(b)(2)(i)..............  No..................
63.10(b)(2)(ii).............  No..................  See Sec.  63.454(g)
                                                     for recordkeeping
                                                     of (1) occurrence
                                                     and duration and
                                                     (2) actions taken
                                                     during malfunction.
63.10(b)(2)(iii)............  Yes.................
63.10(b)(2)(iv)-(v).........  No..................
63.10(b)(2)(vi)-(xiv).......  Yes.................
63.10(b)(3).................  Yes.................
63.10(c)(1).................  Yes.................
63.10(c)(2)-(4).............  No..................  Sections reserved.
63.10(c)(5)-(8).............  Yes.................
63.10(c)(9).................  No..................  Section reserved.
63.10(c)(10)-(11)...........  No..................  See Sec.  63.454(g)
                                                     for malfunction
                                                     recordkeeping
                                                     requirements.
63.10(c)(12)-(14)...........  Yes.................
63.10(c)(15)................  No..................
63.10(d)(1)-(2).............  Yes.................
63.10(d)(3).................  No..................  Pertains to
                                                     continuous opacity
                                                     monitors that are
                                                     not part of this
                                                     standard.
63.10(d)(4).................  Yes.................
63.10(d)(5).................  No..................  See Sec.  63.455(g)
                                                     for malfunction
                                                     reporting
                                                     requirements.
63.10(e)(1).................  Yes.................
63.10(e)(2)(i)..............  Yes.................
63.10(e)(2)(ii).............  No..................  Pertains to
                                                     continuous opacity
                                                     monitors that are
                                                     not part of this
                                                     standard.
63.10(e)(3).................  Yes.................
63.10(e)(4).................  No..................  Pertains to
                                                     continuous opacity
                                                     monitors that are
                                                     not part of this
                                                     standard.
63.10(f)....................  Yes.................
63.11-63.15.................  Yes.................
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).
  Submittals shall be sent by the specified dates, but a postmark is not
  required.


[77 FR 55713, Sept. 11, 2012]

[[Page 569]]



 Subpart T_National Emission Standards for Halogenated Solvent Cleaning

    Source: 59 FR 61805, Dec. 2, 1994, unless otherwise noted.



Sec. 63.460  Applicability and designation of source.

    (a) The provisions of this subpart apply to each individual batch 
vapor, in-line vapor, in-line cold, and batch cold solvent cleaning 
machine that uses any solvent containing methylene chloride (CAS No. 75-
09-2), perchloroethylene (CAS No. 127-18-4), trichloroethylene (CAS No. 
79-01-6), 1,1,1-trichloroethane (CAS No. 71-55-6), carbon tetrachloride 
(CAS No. 56-23-5) or chloroform (CAS No. 67-66-3), or any combination of 
these halogenated HAP solvents, in a total concentration greater than 5 
percent by weight, as a cleaning and/or drying agent. The concentration 
of these solvents may be determined using EPA test method 18, material 
safety data sheets, or engineering calculations. Wipe cleaning 
activities, such as using a rag containing halogenated solvent or a 
spray cleaner containing halogenated solvent are not covered under the 
provisions of this subpart.
    (b) Except as noted in appendix C (General Provisions Applicability 
to subpart T) of this subpart, the provisions of subpart A of this part 
(General Provisions) apply to owners or operators of any solvent 
cleaning machine meeting the applicability criteria of paragraph (a) of 
this section.
    (c) Except as provided in paragraph (g) of this section, each 
solvent cleaning machine subject to this subpart that commenced 
construction or reconstruction after November 29, 1993 shall achieve 
compliance with the provisions of this subpart, except for Sec. 63.471, 
immediately upon start-up or by December 2, 1994, whichever is later.
    (d) Except as provided in paragraph (g) of this section, each 
solvent cleaning machine subject to this subpart that commenced 
construction or reconstruction on or before November 29, 1993 shall 
achieve compliance with the provisions of this subpart, except for Sec. 
63.471, no later than December 2, 1997.
    (e) In delegating implementation and enforcement authority to a 
State under section 112(d) of the Act, the authority contained in 
paragraph (f) of this section shall be retained by the Administrator and 
not transferred to a State.
    (f) [Reserved]
    (g) Each continuous web cleaning machine subject to this subpart 
shall achieve compliance with the provisions of this subpart, except for 
Sec. 63.471, no later than December 2, 1999.
    (h) If you are an owner or operator of an area source subject to 
this subpart, you are exempt from 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 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 applicable to area sources.
    (i) The compliance date for the requirements in Sec. 63.471 depends 
on the date that construction or reconstruction of the affected facility 
commences. For purposes of this paragraph, affected facility means all 
solvent cleaning machines, except solvent cleaning machines used in the 
manufacture and maintenance of aerospace products, solvent cleaning 
machines used in the manufacture of narrow tubing, and continuous web 
cleaning machines, located at a major source that are subject to the 
facility-wide limits in table 1 of Sec. 63.471(b)(2), and for area 
sources, affected facility means all solvent cleaning machines, except 
cold batch cleaning machines, located at an area source that are subject 
to the facility-wide limits in table 1 of Sec. 63.471(b)(2).
    (1) Each affected facility that was constructed or reconstructed on 
or before August 17, 2006, shall be in compliance with the provisions of 
this subpart no later than May 3, 2010.
    (2) Each affected facility that was constructed or reconstructed on 
or

[[Page 570]]

after August 17, 2006, shall be in compliance with the provisions of 
this subpart on May 3, 2007 or immediately upon startup, whichever is 
later.

[59 FR 61805, Dec. 2, 1994; 59 FR 67750, Dec. 30, 1994, as amended at 60 
FR 29485, June 5, 1995; 63 FR 68400, Dec. 11, 1998; 68 FR 37349, June 
23, 2003; 70 FR 75345, Dec. 19, 2005; 72 FR 25157, May 3, 2007]



Sec. 63.461  Definitions.

    Unless defined below, all terms used in this subpart are used as 
defined in the 1990 Clean Air Act, or in subpart A of 40 CFR part 63:
    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative 
(e.g., State that has been delegated the authority to implement the 
provisions of this part.)
    Air blanket means the layer of air inside the solvent cleaning 
machine freeboard located above the solvent/air interface. The 
centerline of the air blanket is equidistant between the sides of the 
machine.
    Air knife system means a device that directs forced air at high 
pressure, high volume, or a combination of high pressure and high 
volume, through a small opening directly at the surface of a continuous 
web part. The purpose of this system is to remove the solvent film from 
the surfaces of the continuous web part.
    Automated parts handling system means a mechanical device that 
carries all parts and parts baskets at a controlled speed from the 
initial loading of soiled or wet parts through the removal of the 
cleaned or dried parts. Automated parts handling systems include, but 
are not limited to, hoists and conveyors.
    Batch cleaning machine means a solvent cleaning machine in which 
individual parts or a set of parts move through the entire cleaning 
cycle before new parts are introduced into the solvent cleaning machine. 
An open-top vapor cleaning machine is a type of batch cleaning machine. 
A solvent cleaning machine, such as a ferris wheel or a cross-rod 
degreaser, that clean multiple batch loads simultaneously and are 
manually loaded are batch cleaning machines.
    Carbon adsorber means a bed of activated carbon into which an air-
solvent gas-vapor stream is routed and which adsorbs the solvent on the 
carbon.
    Clean liquid solvent means fresh unused solvent, recycled solvent, 
or used solvent that has been cleaned of soils (e.g., skimmed of oils or 
sludge and strained of metal chips).
    Cleaning capacity means, for a cleaning machine without a solvent/
air interface, the maximum volume of parts that can be cleaned at one 
time. In most cases, the cleaning capacity is equal to the volume 
(length times width times height) of the cleaning chamber.
    Cold cleaning machine means any device or piece of equipment that 
contains and/or uses liquid solvent, into which parts are placed to 
remove soils from the surfaces of the parts or to dry the parts. 
Cleaning machines that contain and use heated, nonboiling solvent to 
clean the parts are classified as cold cleaning machines.
    Combined squeegee and air-knife system means a system consisting of 
a combination of a squeegee system and an air-knife system within a 
single enclosure.
    Consumption means the amount of halogenated hazardous air pollutant 
solvent added to the solvent cleaning machine.
    Continuous web cleaning machine means a solvent cleaning machine in 
which parts such as film, coils, wire, and metal strips are cleaned at 
speeds typically in excess of 11 feet per minute. Parts are generally 
uncoiled, cleaned such that the same part is simultaneously entering and 
exiting the solvent application area of the solvent cleaning machine, 
and then recoiled or cut. For the purposes of this subpart, all 
continuous web cleaning machines are considered to be a subset of in-
line solvent cleaning machines.
    Cover means a lid, top, or portal cover that shields the solvent 
cleaning machine openings from air disturbances when in place and is 
designed to be easily opened and closed without disturbing the vapor 
zone. Air disturbances include, but are not limited to,

[[Page 571]]

lip exhausts, ventilation fans, and general room drafts. Types of covers 
include, but are not limited to, sliding, biparting, and rolltop covers.
    Cross-rod solvent cleaning machine means a batch solvent cleaning 
machine in which parts baskets are suspended from ``cross-rods'' as they 
are moved through the machine. In a cross-rod cleaning machine, parts 
are loaded semi-continuously, and enter and exit the machine from a 
single portal.
    Downtime mode means the time period when a solvent cleaning machine 
is not cleaning parts and the sump heating coils, if present, are turned 
off.
    Dwell means the technique of holding parts within the freeboard area 
but above the vapor zone of the solvent cleaning machine. Dwell occurs 
after cleaning to allow solvent to drain from the parts or parts baskets 
back into the solvent cleaning machine.
    Dwell time means the required minimum length of time that a part 
must dwell, as determined by Sec. 63.465(d).
    Emissions means halogenated hazardous air pollutant solvent consumed 
(i.e., halogenated hazardous air pollutant solvent added to the machine) 
minus the liquid halogenated hazardous air pollutant solvent removed 
from the machine and the halogenated hazardous air pollutant solvent 
removed from the machine in the solid waste.
    Existing means any solvent cleaning machine the construction or 
reconstruction of which was commenced on or before November 29, 1993. A 
machine, the construction or reconstruction of which was commenced on or 
before November 29, 1993, but that did not meet the definition of a 
solvent cleaning machine on December 2, 1994, because it did not use 
halogenated HAP solvent liquid or vapor covered under this subpart to 
remove soils, becomes an existing source when it commences to use such 
liquid or vapor. A solvent cleaning machine moved within a contiguous 
facility or to another facility under the same ownership, constitutes an 
existing machine.
    Freeboard area means; for a batch cleaning machine, the area within 
the solvent cleaning machine that extends from the solvent/air interface 
to the top of the solvent cleaning machine; for an in-line cleaning 
machine, it is the area within the solvent cleaning machine that extends 
from the solvent/air interface to the bottom of the entrance or exit 
opening, whichever is lower.
    Freeboard height means; for a batch cleaning machine, the distance 
from the solvent/air interface, as measured during the idling mode, to 
the top of the cleaning machine; for an in-line cleaning machine, it is 
the distance from the solvent/air interface to the bottom of the 
entrance or exit opening, whichever is lower, as measured during the 
idling mode.
    Freeboard ratio means the ratio of the solvent cleaning machine 
freeboard height to the smaller interior dimension (length, width, or 
diameter) of the solvent cleaning machine.
    Freeboard refrigeration device (also called a chiller) means a set 
of secondary coils mounted in the freeboard area that carries a 
refrigerant or other chilled substance to provide a chilled air blanket 
above the solvent vapor. A primary condenser capable of meeting the 
requirements of Sec. 63.463(e)(2)(i) is defined as both a freeboard 
refrigeration device and a primary condenser for the purposes of these 
standards.
    Halogenated hazardous air pollutant solvent or halogenated HAP 
solvent means methylene chloride (CAS No. 75-09-2), perchloroethylene 
(CAS No. 127-18-4), trichloroethylene (CAS No. 79-01-6), 1,1,1-
trichloroethane (CAS No. 71-55-6), carbon tetrachloride (CAS No. 56-23-
5), and chloroform (CAS No. 67-66-3).
    Hoist means a mechanical device that carries the parts basket and 
the parts to be cleaned from the loading area into the solvent cleaning 
machine and to the unloading area at a controlled speed. A hoist may be 
operated by controls or may be programmed to cycle parts through the 
cleaning cycle automatically.
    Idling mode means the time period when a solvent cleaning machine is 
not actively cleaning parts and the sump heating coils, if present, are 
turned on.
    Idling-mode cover means any cover or solvent cleaning machine design 
that allows the cover to shield the cleaning machine openings during the 
idling mode. A cover that meets this definition can also be used as a 
working-

[[Page 572]]

mode cover if that definition is also met.
    Immersion cold cleaning machine means a cold cleaning machine in 
which the parts are immersed in the solvent when being cleaned. A remote 
reservoir cold cleaning machine that is also an immersion cold cleaning 
machine is considered an immersion cold cleaning machine for purposes of 
this subpart.
    In-line cleaning machine or continuous cleaning machine means a 
solvent cleaning machine that uses an automated parts handling system, 
typically a conveyor, to automatically provide a continuous supply of 
parts to be cleaned. These units are fully enclosed except for the 
conveyor inlet and exit portals. In-line cleaning machines can be either 
cold or vapor cleaning machines.
    Leak-proof coupling means a threaded or other type of coupling that 
prevents solvents from leaking while filling or draining solvent to and 
from the solvent cleaning machine.
    Lip exhaust means a device installed at the top of the opening of a 
solvent cleaning machine that draws in air and solvent vapor from the 
freeboard area and ducts the air and vapor away from the solvent 
cleaning area.
    Monthly reporting period means any calendar month in which the owner 
or operator of a solvent cleaning machine is required to calculate and 
report the solvent emissions from each solvent cleaning machine.
    New means any solvent cleaning machine the construction or 
reconstruction of which is commenced after November 29, 1993.
    Open-top vapor cleaning machine means a batch solvent cleaning 
machine that has its upper surface open to the air and boils solvent to 
create solvent vapor used to clean and/or dry parts.
    Part means any object that is cleaned in a solvent cleaning machine. 
Parts include, but are not limited to, discrete parts, assemblies, sets 
of parts, and parts cleaned in a continuous web cleaning machine (i.e., 
continuous sheets of metal, film).
    Primary condenser means a series of circumferential cooling coils on 
a vapor cleaning machine through which a chilled substance is circulated 
or recirculated to provide continuous condensation of rising solvent 
vapors and, thereby, create a concentrated solvent vapor zone.
    Reduced room draft means decreasing the flow or movement of air 
across the top of the freeboard area of the solvent cleaning machine to 
meet the specifications of Sec. 63.463(e)(2)(ii). Methods of achieving 
a reduced room draft include, but are not limited to, redirecting fans 
and/or air vents to not blow across the cleaning machine, moving the 
cleaning machine to a corner where there is less room draft, and 
constructing a partial or complete enclosure around the cleaning 
machine.
    Remote reservoir cold cleaning machine means any device in which 
liquid solvent is pumped to a sink-like work area that drains solvent 
back into an enclosed container while parts are being cleaned, allowing 
no solvent to pool in the work area.
    Remote reservoir continuous web cleaning machine means a continuous 
web cleaning machine in which there is no exposed solvent sump. In these 
units, the solvent is pumped from an enclosed chamber and is typically 
applied to the continuous web part through a nozzle or series of 
nozzles. The solvent then drains from the part and is collected and 
recycled through the machine, allowing no solvent to pool in the work or 
cleaning area.
    Soils means contaminants that are removed from the parts being 
cleaned. Soils include, but are not limited to, grease, oils, waxes, 
metal chips, carbon deposits, fluxes, and tars.
    Solvent/air interface means, for a vapor cleaning machine, the 
location of contact between the concentrated solvent vapor layer and the 
air. This location of contact is defined as the mid-line height of the 
primary condenser coils. For a cold cleaning machine, it is the location 
of contact between the liquid solvent and the air.
    Solvent/air interface area means; for a vapor cleaning machine, the 
surface area of the solvent vapor zone that is exposed to the air; for 
an in-line cleaning machine, it is the total surface area of all the 
sumps; for a cold cleaning machine, it is the surface area of the liquid 
solvent that is exposed to the air.

[[Page 573]]

    Solvent cleaning machine means any device or piece of equipment that 
uses halogenated HAP solvent liquid or vapor to remove soils from the 
surfaces of materials. Types of solvent cleaning machines include, but 
are not limited to, batch vapor, in-line vapor, in-line cold, and batch 
cold solvent cleaning machines. Buckets, pails, and beakers with 
capacities of 7.6 liters (2 gallons) or less are not considered solvent 
cleaning machines.
    Solvent vapor zone means; for a vapor cleaning machine, the area 
that extends from the liquid solvent surface to the level that solvent 
vapor is condensed. This condensation level is defined as the midline 
height of the primary condenser coils.
    Squeegee system means a system that uses a series of pliable 
surfaces to remove the solvent film from the surfaces of the continuous 
web part. These pliable surfaces, called squeegees, are typically made 
of rubber or plastic media, and need to be periodically replaced to 
ensure continued proper function.
    Sump means the part of a solvent cleaning machine where the liquid 
solvent is located.
    Sump heater coils means the heating system on a cleaning machine 
that uses steam, electricity, or hot water to heat or boil the liquid 
solvent.
    Superheated part technology means a system that is part of the 
continuous web process that heats the continuous web part either 
directly or indirectly to a temperature above the boiling point of the 
cleaning solvent. This could include a process step, such as a tooling 
die that heats the part as it is processed, as long as the part remains 
superheated through the cleaning machine.
    Superheated vapor system means a system that heats the solvent 
vapor, either passively or actively, to a temperature above the 
solvent's boiling point. Parts are held in the superheated vapor before 
exiting the machine to evaporate the liquid solvent on them. Hot vapor 
recycle is an example of a superheated vapor system.
    Vapor cleaning machine means a batch or in-line solvent cleaning 
machine that boils liquid solvent generating solvent vapor that is used 
as a part of the cleaning or drying cycle.
    Water layer means a layer of water that floats above the denser 
solvent and provides control of solvent emissions. In many cases, the 
solvent used in batch cold cleaning machines is sold containing the 
appropriate amount of water to create a water cover.
    Working mode means the time period when the solvent cleaning machine 
is actively cleaning parts.
    Working-mode cover means any cover or solvent cleaning machine 
design that allows the cover to shield the cleaning machine openings 
from outside air disturbances while parts are being cleaned in the 
cleaning machine. A cover that is used during the working mode is opened 
only during parts entry and removal. A cover that meets this definition 
can also be used as an idling-mode cover if that definition is also met.

[59 FR 61805, Dec. 2, 1994; 60 FR 29485, June 5, 1995, as amended at 63 
FR 24751, May 5, 1998; 64 FR 67798, Dec. 3, 1999]



Sec. 63.462  Batch cold cleaning machine standards.

    (a) Each owner or operator of an immersion batch cold solvent 
cleaning machine shall comply with the requirements specified in 
paragraph (a)(1) or (a)(2) of this section.
    (1) Employ a tightly fitting cover that shall be closed at all times 
except during parts entry and removal, and a water layer at a minimum 
thickness of 2.5 centimeters (1.0 inch) on the surface of the solvent 
within the cleaning machine, or
    (2) Employ a tightly fitting cover that shall be closed at all times 
except during parts entry and removal and a freeboard ratio of 0.75 or 
greater.
    (b) Each owner or operator of a remote-reservoir batch cold solvent 
cleaning machine shall employ a tightly fitting cover over the solvent 
sump that shall be closed at all times except during the cleaning of 
parts.
    (c) Each owner or operator of a batch cold solvent cleaning machine 
complying with paragraph (a)(2) or (b) of this section shall comply with 
the work and operational practice requirements specified in paragraphs 
(c)(1)

[[Page 574]]

through (c)(9) of this section as applicable.
    (1) All waste solvent shall be collected and stored in closed 
containers. The closed container may contain a device that allows 
pressure relief, but does not allow liquid solvent to drain from the 
container.
    (2) If a flexible hose or flushing device is used, flushing shall be 
performed only within the freeboard area of the solvent cleaning 
machine.
    (3) The owner or operator shall drain solvent cleaned parts for 15 
seconds or until dripping has stopped, whichever is longer. Parts having 
cavities or blind holes shall be tipped or rotated while draining.
    (4) The owner or operator shall ensure that the solvent level does 
not exceed the fill line.
    (5) Spills during solvent transfer shall be wiped up immediately. 
The wipe rags shall be stored in covered containers meeting the 
requirements of paragraph (c)(1) of this section.
    (6) When an air- or pump-agitated solvent bath is used, the owner or 
operator shall ensure that the agitator is operated to produce a rolling 
motion of the solvent but not observable splashing against tank walls or 
parts being cleaned.
    (7) The owner or operator shall ensure that, when the cover is open, 
the cold cleaning machine is not exposed to drafts greater than 40 
meters per minute (132 feet per minute), as measured between 1 and 2 
meters (3.3 and 6.6 feet) upwind and at the same elevation as the tank 
lip.
    (8) Except as provided in paragraph (c)(9) of this section, sponges, 
fabric, wood, and paper products shall not be cleaned.
    (9) The prohibition in paragraph (c)(8) of this section does not 
apply to the cleaning of porous materials that are part of 
polychlorinated biphenyl (PCB) laden transformers if those transformers 
are handled throughout the cleaning process and disposed of in 
compliance with an approved PCB disposal permit issued in accordance 
with the Toxic Substances Control Act.
    (d) Each owner or operator of a batch cold cleaning machine shall 
submit an initial notification report as described in Sec. 63.468 (a) 
and (b) and a compliance report as described in Sec. 63.468(c).
    (e) Each owner or operator subject to the requirements of paragraph 
(c)(1) through (8) of this section may request to use measures other 
than those described in these paragraphs. The owner or operator must 
demonstrate to the Administrator (or delegated State, local, or Tribal 
authority) that the alternative measures will result in equivalent or 
better emissions control compared to the measures described in 
paragraphs (c)(1) through (8) of this section. For example, storing 
solvent and solvent-laden materials in an enclosed area that is 
ventilated to a solvent recovery or destruction device may be considered 
an acceptable alternative.

[59 FR 61805, Dec. 2, 1994; 60 FR 29485, June 5, 1995, as amended at 64 
FR 67799, Dec. 3, 1999; 68 FR 37349, June 23, 2003]



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

    (a) Except as provided in Sec. 63.464 for all cleaning machines, 
each owner or operator of a solvent cleaning machine subject to the 
provisions of this subpart shall ensure that each existing or new batch 
vapor or in-line solvent cleaning machine subject to the provisions of 
this subpart conforms to the design requirements specified in paragraphs 
(a)(1) through (7) of this section. The owner or operator of a 
continuous web cleaning machine shall comply with the requirements of 
paragraph (g) or (h) of this section, as appropriate, in lieu of 
complying with this paragraph.
    (1) Each cleaning machine shall be designed or operated to meet the 
control equipment or technique requirements in paragraph (a)(1)(i) or 
(a)(1)(ii) of this section.
    (i) An idling and downtime mode cover, as described in Sec. 
63.463(d)(1)(i), that may be readily opened or closed, that completely 
covers the cleaning machine openings when in place, and is free of 
cracks, holes, and other defects.
    (ii) A reduced room draft as described in Sec. 63.463(e)(2)(ii).
    (2) Each cleaning machine shall have a freeboard ratio of 0.75 or 
greater.
    (3) Each cleaning machine shall have an automated parts handling 
system

[[Page 575]]

capable of moving parts or parts baskets at a speed of 3.4 meters per 
minute (11 feet per minute) or less from the initial loading of parts 
through removal of cleaned parts.
    (4) Each vapor cleaning machine shall be equipped with a device that 
shuts off the sump heat if the sump liquid solvent level drops to the 
sump heater coils. This requirement does not apply to a vapor cleaning 
machine that uses steam to heat the solvent.
    (5) Each vapor cleaning machine shall be equipped with a vapor level 
control device that shuts off sump heat if the vapor level in the vapor 
cleaning machine rises above the height of the primary condenser.
    (6) Each vapor cleaning machine shall have a primary condenser.
    (7) Each cleaning machine that uses a lip exhaust shall be designed 
and operated to route all collected solvent vapors through a properly 
operated and maintained carbon adsorber that meets the requirements of 
paragraph (e)(2)(vii) of this section.
    (b) Except as provided in Sec. 63.464, each owner or operator of an 
existing or new batch vapor cleaning machine shall comply with either 
paragraph (b)(1) or (b)(2) of this section.
    (1) Each owner or operator of a batch vapor cleaning machine with a 
solvent/air interface area of 1.21 square meters (13 square feet) or 
less shall comply with the requirements specified in either paragraph 
(b)(1)(i) or (b)(1)(ii) of this section.
    (i) Employ one of the control combinations listed in table 1 of this 
subpart or other equivalent methods of control as determined using the 
procedure in Sec. 63.469, equivalent methods of control.

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

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

 Table 2--Control Combinations for Batch Vapor Solvent Cleaning Machines
  With a Solvent/Air Interface Area Greater than 1.21 Square Meters (13
                              Square Feet)
------------------------------------------------------------------------
            Option                        Control combinations
------------------------------------------------------------------------
 1............................  Freeboard refrigeration device,
                                 freeboard ratio of 1.0, superheated
                                 vapor.
 2............................  Dwell, freeboard refrigeration device,
                                 reduced room draft.
 3............................  Working-mode cover, freeboard
                                 refrigeration device, superheated
                                 vapor.

[[Page 576]]

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

    (ii) Demonstrate that their solvent cleaning machine can achieve and 
maintain an idling emission limit of 0.22 kilograms per hour per square 
meter (0.045 pounds per hour per square foot) of solvent/air interface 
area as determined using the procedures in Sec. 63.465(a) and appendix 
A of this part.
    (c) Except as provided in Sec. 63.464 for all cleaning machines, 
each owner or operator of an in-line cleaning machine shall comply with 
paragraph (c)(1) or (2) of this section as appropriate. The owner or 
operator of a continuous web cleaning machine shall comply with the 
requirements of paragraph (g) or (h) of this section, as appropriate, in 
lieu of complying with this paragraph.
    (1) Each owner or operator of an existing in-line cleaning machine 
shall comply with the requirements specified in either paragraph 
(c)(1)(i) or (c)(1)(ii) of this section.
    (i) Employ one of the control combinations listed in table 3 of this 
subpart or other equivalent methods of control as determined using the 
procedure in Sec. 63.469, equivalent methods of control.

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

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

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

    (ii) Demonstrate that their solvent cleaning machine can achieve and 
maintain an idling emission limit of

[[Page 577]]

0.10 kilograms per hour per square meter (0.021 pounds per hour per 
square foot) of solvent/air interface area as determined using the 
procedures in Sec. 63.465(a) and appendix A to this part.
    (d) Except as provided in Sec. 63.464 for all cleaning machines, 
each owner or operator of an existing or new batch vapor or in-line 
solvent cleaning machine shall meet all of the following required work 
and operational practices specified in paragraphs (d)(1) through (12) of 
this section as applicable. The owner or operator of a continuous web 
cleaning machine shall comply with the requirements of paragraph (g) or 
(h) of this section, as appropriate, in lieu of complying with this 
paragraph.
    (1) Control air disturbances across the cleaning machine opening(s) 
by incorporating the control equipment or techniques in paragraph 
(d)(1)(i) or (d)(1)(ii) of this section.
    (i) Cover(s) to each solvent cleaning machine shall be in place 
during the idling mode, and during the downtime mode unless either the 
solvent has been removed from the machine or maintenance or monitoring 
is being performed that requires the cover(s) to not be in place.
    (ii) A reduced room draft as described in Sec. 63.463(e)(2)(ii).
    (2) The parts baskets or the parts being cleaned in an open-top 
batch vapor cleaning machine shall not occupy more than 50 percent of 
the solvent/air interface area unless the parts baskets or parts are 
introduced at a speed of 0.9 meters per minute (3 feet per minute) or 
less.
    (3) Any spraying operations shall be done within the vapor zone or 
within a section of the solvent cleaning machine that is not directly 
exposed to the ambient air (i.e., a baffled or enclosed area of the 
solvent cleaning machine).
    (4) Parts shall be oriented so that the solvent drains from them 
freely. Parts having cavities or blind holes shall be tipped or rotated 
before being removed from any solvent cleaning machine unless an equally 
effective approach has been approved by the Administrator.
    (5) Parts baskets or parts shall not be removed from any solvent 
cleaning machine until dripping has stopped.
    (6) During startup of each vapor cleaning machine, the primary 
condenser shall be turned on before the sump heater.
    (7) During shutdown of each vapor cleaning machine, the sump heater 
shall be turned off and the solvent vapor layer allowed to collapse 
before the primary condenser is turned off.
    (8) When solvent is added or drained from any solvent cleaning 
machine, the solvent shall be transferred using threaded or other 
leakproof couplings and the end of the pipe in the solvent sump shall be 
located beneath the liquid solvent surface.
    (9) Each solvent cleaning machine and associated controls shall be 
maintained as recommended by the manufacturers of the equipment or using 
alternative maintenance practices that have been demonstrated to the 
Administrator's satisfaction to achieve the same or better results as 
those recommended by the manufacturer.
    (10) Each operator of a solvent cleaning machine shall complete and 
pass the applicable sections of the test of solvent cleaning procedures 
in appendix A to this part if requested during an inspection by the 
Administrator.
    (11) Waste solvent, still bottoms, and sump bottoms shall be 
collected and stored in closed containers. The closed containers may 
contain a device that would allow pressure relief, but would not allow 
liquid solvent to drain from the container.
    (12) Sponges, fabric, wood, and paper products shall not be cleaned.
    (e) Each owner or operator of a solvent cleaning machine complying 
with paragraph (b), (c), (g), or (h) of this section shall comply with 
the requirements specified in paragraphs (e)(1) through (4) of this 
section.
    (1) Conduct monitoring of each control device used to comply with 
Sec. 63.463 of this subpart as provided in Sec. 63.466.
    (2) Determine during each monitoring period whether each control 
device used to comply with these standards meets the requirements 
specified in paragraphs (e)(2)(i) through (xi) of this section.
    (i) If a freeboard refrigeration device is used to comply with these 
standards, the owner or operator shall ensure that the chilled air 
blanket temperature (in

[[Page 578]]

[deg]F), measured at the center of the air blanket, is no greater than 
30 percent of the solvent's boiling point.
    (ii) If a reduced room draft is used to comply with these standards, 
the owner or operator shall comply with the requirements specified in 
paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section.
    (A) Ensure that the flow or movement of air across the top of the 
freeboard area of the solvent cleaning machine or within the solvent 
cleaning machine enclosure does not exceed 15.2 meters per minute (50 
feet per minute) at any time as measured using the procedures in Sec. 
63.466(d).
    (B) Establish and maintain the operating conditions under which the 
wind speed was demonstrated to be 15.2 meters per minute (50 feet per 
minute) or less as described in Sec. 63.466(d).
    (iii) If a working-mode cover is used to comply with these 
standards, the owner or operator shall comply with the requirements 
specified in paragraphs (e)(2)(iii)(A) and (e)(2)(iii)(B) of this 
section.
    (A) Ensure that the cover opens only for part entrance and removal 
and completely covers the cleaning machine openings when closed.
    (B) Ensure that the working-mode cover is maintained free of cracks, 
holes, and other defects.
    (iv) If an idling-mode cover is used to comply with these standards, 
the owner or operator shall comply with the requirements specified in 
paragraphs (e)(2)(iv)(A) and (e)(2)(iv)(B) of this section.
    (A) Ensure that the cover is in place whenever parts are not in the 
solvent cleaning machine and completely covers the cleaning machine 
openings when in place.
    (B) Ensure that the idling-mode cover is maintained free of cracks, 
holes, and other defects.
    (v) If a dwell is used to comply with these standards, the owner or 
operator shall comply with the requirements specified in paragraphs 
(e)(2)(v)(A) and (e)(2)(v)(B) of this section.
    (A) Determine the appropriate dwell time for each type of part or 
parts basket, or determine the maximum dwell time using the most complex 
part type or parts basket, as described in Sec. 63.465(d).
    (B) Ensure that, after cleaning, each part is held in the solvent 
cleaning machine freeboard area above the vapor zone for the dwell time 
determined for that particular part or parts basket, or for the maximum 
dwell time determined using the most complex part type or parts basket.
    (vi) If a superheated vapor system is used to comply with these 
standards, the owner or operator shall comply with the requirements 
specified in paragraphs (e)(2)(vi)(A) through (e)(2)(vi)(C) of this 
section.
    (A) Ensure that the temperature of the solvent vapor at the center 
of the superheated vapor zone is at least 10 [deg]F above the solvent's 
boiling point.
    (B) Ensure that the manufacturer's specifications for determining 
the minimum proper dwell time within the superheated vapor system is 
followed.
    (C) Ensure that parts remain within the superheated vapor for at 
least the minimum proper dwell time.
    (vii) If a carbon adsorber in conjunction with a lip exhaust or 
other exhaust internal to the cleaning machine is used to comply with 
these standards, the owner or operator shall comply with the following 
requirements:
    (A) Ensure that the concentration of organic solvent in the exhaust 
from this device does not exceed 100 parts per million of any 
halogenated HAP compound as measured using the procedure in Sec. 
63.466(e). If the halogenated HAP solvent concentration in the carbon 
adsorber exhaust exceeds 100 parts per million, the owner or operator 
shall adjust the desorption schedule or replace the disposable canister, 
if not a regenerative system, so that the exhaust concentration of 
halogenated HAP solvent is brought below 100 parts per million.
    (B) Ensure that the carbon adsorber bed is not bypassed during 
desorption.
    (C) Ensure that the lip exhaust is located above the solvent 
cleaning machine cover so that the cover closes below the lip exhaust 
level.
    (viii) If a superheated part system is used to comply with the 
standards for continuous web cleaning machines in paragraph (g) of this 
section, the owner

[[Page 579]]

or operator shall ensure that the temperature of the continuous web part 
is at least 10 degrees Fahrenheit above the solvent boiling point while 
the part is traveling through the cleaning machine.
    (ix) If a squeegee system is used to comply with the continuous web 
cleaning requirements of paragraph (g)(3)(iii) or (h)(2)(i) of this 
section, the owner or operator shall comply with the following 
requirements.
    (A) Determine the appropriate maximum product throughput for the 
squeegees used in the squeegee system, as described in Sec. 63.465(f).
    (B) Conduct the weekly monitoring required by Sec. 63.466(a)(3). 
Record the results required by Sec. 63.467(a)(6).
    (C) Calculate the total amount of continuous web product processed 
since the squeegees were replaced and compare to the maximum product 
throughput for the squeegees.
    (D) Ensure squeegees are replaced at or before the maximum product 
throughput is attained.
    (E) Redetermine the maximum product throughput for the squeegees if 
any solvent film is visible on the continuous web part immediately after 
it exits the cleaning machine.
    (x) If an air knife system is used to comply with the continuous web 
cleaning requirements of paragraph (g)(3)(iii) or (h)(2)(i) of this 
section, the owner or operator shall comply with the following 
requirements.
    (A) Determine the air knife parameter and parameter value that 
demonstrate to the Administrator's satisfaction that the air knife is 
properly operating. An air knife is properly operating if no visible 
solvent film remains on the continuous web part after it exits the 
cleaning machine.
    (B) Maintain the selected air knife parameter value at the level 
determined in paragraph (a) of this section.
    (C) Conduct the weekly monitoring required by Sec. 63.466(a)(3).
    (D) Redetermine the proper air knife parameter value if any solvent 
film is visible on the continuous web part immediately after it exits 
the cleaning machine.
    (xi) If a combination squeegee and air knife system is used to 
comply with the continuous web cleaning requirements of paragraph 
(g)(3)(iii) or (h)(2)(i) of this section, the owner or operator shall 
comply with the following requirements.
    (A) Determine the system parameter and value that demonstrate to the 
Administrator's satisfaction that the system is properly operating.
    (B) Maintain the selected parameter value at the level determined in 
paragraph (a) of this section.
    (C) Conduct the weekly monitoring required by Sec. 63.466(a)(3).
    (D) Redetermine the proper parameter value if any solvent film is 
visible on the continuous web part immediately after it exits the 
cleaning machine.
    (3) If any of the requirements of paragraph (e)(2) of this section 
are not met, determine whether an exceedance has occurred using the 
criteria in paragraphs (e)(3)(i) and (e)(3)(ii) of this section.
    (i) An exceedance has occurred if the requirements of paragraphs 
(e)(2)(ii)(B), (e)(2)(iii)(A), (e)(2)(iv)(A), (e)(2)(v), (e)(2)(vi)(B), 
(e)(2)(vi)(C), (e)(2)(vii)(B), or (e)(2)(vii)(C) of this section have 
not been met.
    (ii) An exceedance has occurred if the requirements of paragraphs 
(e)(2)(i), (e)(2)(ii)(A), (e)(2)(iii)(B), (e)(2)(iv)(B), (e)(2)(vi)(A), 
or (e)(2)(vii)(A) of this section have not been met and are not 
corrected within 15 days of detection. Adjustments or repairs shall be 
made to the solvent cleaning system or control device to reestablish 
required levels. The parameter must be remeasured immediately upon 
adjustment or repair and demonstrated to be within required limits.
    (4) The owner or operator shall report all exceedances and all 
corrections and adjustments made to avoid an exceedance as specified in 
Sec. 63.468(h).
    (f) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the idling emission limit standards in 
paragraphs (b)(1)(ii), (b)(2)(ii), (c)(1)(ii), or (c)(2)(ii) of this 
section shall comply with the requirements specified in paragraphs 
(f)(1) through (f)(5) of this section.
    (1) Conduct an initial performance test to comply with the 
requirements specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this 
section.

[[Page 580]]

    (i) Demonstrate compliance with the applicable idling emission 
limit.
    (ii) Establish parameters that will be monitored to demonstrate 
compliance. If a control device is used that is listed in paragraph 
(e)(2) of this section, then the requirements for that control device as 
listed in paragraph (e)(2) of this section shall be used unless the 
owner or operator can demonstrate to the Administrator's satisfaction 
that an alternative strategy is equally effective.
    (2) Conduct the periodic monitoring of the parameters used to 
demonstrate compliance as described in Sec. 63.466(f).
    (3) Operate the solvent cleaning machine within parameters 
identified in the initial performance test.
    (4) If any of the requirements in paragraphs (f)(1) through (f)(3) 
of this section are not met, determine whether an exceedance has 
occurred using the criteria in paragraphs (f)(4)(i) and (f)(4)(ii) of 
this section.
    (i) If using a control listed in paragraph (e) of this section, the 
owner or operator shall comply with the appropriate parameter values in 
paragraph (e)(2) and the exceedance delineations in paragraphs (e)(3)(i) 
and (e)(3)(ii) of this section.
    (ii) If using a control not listed in paragraph (e) of this section, 
the owner or operator shall indicate whether the exceedance of the 
parameters that are monitored to determine the proper functioning of 
this control would be classified as an immediate exceedance or whether a 
15 day repair period would be allowed. This information must be 
submitted to the Administrator for approval.
    (5) The owner or operator shall report all exceedances and all 
corrections and adjustments made to avoid an exceedance as specified in 
Sec. 63.468(h).
    (g) Except as provided in Sec. 63.464 and in paragraph (h) of this 
section for remote reservoir continuous web cleaning machines, each 
owner or operator of a continuous web cleaning machine shall comply with 
paragraphs (g)(1) through (4) of this section for each continuous web 
cleaning machine.
    (1) Except as provided in paragraph (g)(2) of this section, install, 
maintain, and operate one of the following control combinations on each 
continuous web cleaning machine.
    (i) For each existing continuous web cleaning machine, the following 
control combinations are allowed:
    (A) Superheated vapor or superheated part technology, and a 
freeboard ratio of 1.0 or greater.
    (B) Freeboard refrigeration device and a freeboard ratio of 1.0 or 
greater.
    (C) Carbon adsorption system meeting the requirements of paragraph 
(e)(2)(vii) of this section.
    (ii) For each new continuous web cleaning machine, the following 
control combinations are allowed:
    (A) Superheated vapor or superheated part technology, and a 
freeboard refrigeration device.
    (B) A freeboard refrigeration device and a carbon adsorber meeting 
the requirements of paragraph (e)(2)(vii) of this section.
    (C) Superheated vapor or superheated part technology, and a carbon 
adsorber meeting the requirements of paragraph (e)(2)(vii) of this 
section.
    (2) If a carbon adsorber system can be demonstrated to the 
Administrator's satisfaction to have an overall solvent control 
efficiency (i.e., capture efficiency removal efficiency) of 70 percent 
or greater, this system is equivalent to the options in paragraph (g) of 
this section.
    (3) In lieu of complying with the provisions of paragraph (a) of 
this section, the owner or operator of a continuous web cleaning machine 
shall comply with the following provisions:
    (i) Each cleaning machine shall meet one of the following control 
equipment or technique requirements:
    (A) An idling and downtime mode cover, as described in paragraph 
(d)(1)(i) of this section, that may be readily opened or closed; that 
completely covers the cleaning machine openings when in place; and is 
free of cracks, holes, and other defects. A continuous web part that 
completely occupies an entry or exit port when the machine is idle is 
considered to meet this requirement.
    (B) A reduced room draft as described in paragraph (e)(2)(ii) of 
this section.
    (C) Gasketed or leakproof doors that separate both the continuous 
web part feed reel and take-up reel from the room atmosphere if the 
doors are

[[Page 581]]

checked according to the requirements of paragraph (e)(2)(iii) of this 
section.
    (D) A cleaning machine that is demonstrated to the Administrator's 
satisfaction to be under negative pressure during idling and downtime 
and is vented to a carbon adsorption system that meets the requirements 
of either paragraph (e)(2)(vii) of this section or paragraph (g)(2) of 
this section.
    (ii) Each continuous web cleaning machine shall have a freeboard 
ratio of 0.75 or greater unless that cleaning machine is a remote 
reservoir continuous web cleaning machine.
    (iii) Each cleaning machine shall have an automated parts handling 
system capable of moving parts or parts baskets at a speed of 3.4 meters 
per minute (11 feet per minute) or less from the initial loading of 
parts through removal of cleaned parts, unless the cleaning machine is a 
continuous web cleaning machine that has a squeegee system or air knife 
system installed, maintained, and operated on the continuous web 
cleaning machine meeting the requirements of paragraph (e) of this 
section.
    (iv) Each vapor cleaning machine shall be equipped with a device 
that shuts off the sump heat if the sump liquid solvent level drops to 
the sump heater coils. This requirement does not apply to a vapor 
cleaning machine that uses steam to heat the solvent.
    (v) Each vapor cleaning machine shall be equipped with a vapor level 
control device that shuts off sump heat if the vapor level in the vapor 
cleaning machine rises above the height of the primary condenser.
    (vi) Each vapor cleaning machine shall have a primary condenser.
    (vii) Each cleaning machine that uses a lip exhaust or any other 
exhaust within the solvent cleaning machine shall be designed and 
operated to route all collected solvent vapors through a properly 
operated and maintained carbon adsorber that meets the requirements of 
either paragraph (e)(2)(vii) or (g)(2) of this section.
    (4) In lieu of complying with the provisions of paragraph (d) of 
this section, the owner or operator of a continuous web cleaning machine 
shall comply with the following provisions:
    (i) Control air disturbances across the cleaning machine opening(s) 
by incorporating one of the following control equipment or techniques:
    (A) Cover(s) to each solvent cleaning machine shall be in place 
during the idling mode and during the downtime mode unless either the 
solvent has been removed from the machine or maintenance or monitoring 
is being performed that requires the cover(s) in place. A continuous web 
part that completely occupies an entry or exit port when the machine is 
idle is considered to meet this requirement.
    (B) A reduced room draft as described in paragraph (e)(2)(ii) of 
this section.
    (C) Gasketed or leakproof doors or covers that separate both the 
continuous web part feed reel and take-up reel from the room atmosphere 
if the doors are checked according to the requirements of paragraph 
(e)(2)(iii) of this section.
    (D) A cleaning machine that is demonstrated to the Administrator's 
satisfaction to be under negative pressure during idling and downtime 
and is vented to a carbon adsorption system that meets either the 
requirements of paragraph (e)(2)(vii) of this section or paragraph 
(g)(2) of this section.
    (ii) Any spraying operations shall be conducted in a section of the 
solvent cleaning machine that is not directly exposed to the ambient air 
(i.e., a baffled or enclosed area of the solvent cleaning machine) or 
within a machine having a door or cover that meets the requirements of 
paragraph (g)(4)(i)(C) of this section.
    (iii) During startup of each vapor cleaning machine, the primary 
condenser shall be turned on before the sump heater.
    (iv) During shutdown of each vapor cleaning machine, the sump heater 
shall be turned off and the solvent vapor layer allowed to collapse 
before the primary condenser is turned off.
    (v) When solvent is added or drained from any solvent cleaning 
machine, the solvent shall be transferred using threaded or other 
leakproof couplings, and the end of the pipe in the solvent sump shall 
be located beneath the liquid solvent surface.

[[Page 582]]

    (vi) Each solvent cleaning machine and associated controls shall be 
maintained as recommended by the manufacturers of the equipment or using 
alternative maintenance practices that have been demonstrated to the 
Administrator's satisfaction to achieve the same or better results as 
those recommended by the manufacturer.
    (vii) Waste solvent, still bottoms, sump bottoms, and waste 
absorbent materials used in the cleaning process for continuous web 
cleaning machines shall be collected and stored in waste containers. The 
closed containers may contain a device that would allow pressure relief, 
but would not allow liquid solvent to drain from the container.
    (viii) Except as provided in paragraph (g)(4)(ix) of this section, 
sponges, fabric, wood, and paper products shall not be cleaned.
    (ix) The prohibition in paragraph (g)(4)(viii) of this section does 
not apply to absorbent materials that are used as part of the cleaning 
process of continuous web cleaning machines, including rollers and 
roller covers.
    (h) Except as provided in Sec. 63.464, each owner or operator of a 
remote reservoir continuous web cleaning machine shall comply with 
paragraphs (h)(1) through (4) of this section.
    (1) Except as provided in paragraph (h)(2) of this section, install, 
maintain, and operate one of the following controls on each new remote 
reservoir continuous web cleaning machine.
    (i) Superheated vapor or superheated part technology.
    (ii) A carbon adsorber meeting the requirements of paragraph 
(e)(2)(vii) of this section.
    (iii) If a carbon adsorber system can be demonstrated to the 
Administrator's satisfaction to have an overall solvent control 
efficiency (i.e., capture efficiency removal efficiency) of 70 percent 
or greater, this system is equivalent to the options in paragraphs 
(h)(1)(i) and (h)(1)(ii) of this section.
    (2) In lieu of complying with the provisions of paragraph (a) of 
this section, the owner or operator of a remote reservoir continuous web 
cleaning machine shall comply with the following provisions:
    (i) Each cleaning machine shall have an automated parts handling 
system capable of moving parts or parts baskets at a speed of 3.4 meters 
per minute (11 feet per minute) or less from the initial loading of 
parts through removal of cleaned parts, unless the cleaning machine is a 
continuous web cleaning machine that has a squeegee system or air knife 
system installed, maintained, and operated on the continuous web 
cleaning machine meeting the requirements of paragraph (e) of this 
section.
    (ii) Each vapor cleaning machine shall be equipped with a device 
that shuts off the sump heat if the sump liquid solvent level drops to 
the sump heater coils.
    (iii) Each vapor cleaning machine shall be equipped with a vapor 
level control device that shuts off sump heat if the vapor level in the 
vapor cleaning machine rises above the height of the primary condenser.
    (iv) Each vapor cleaning machine shall have a primary condenser.
    (v) Each cleaning machine that uses a lip exhaust or any other 
exhaust within the solvent cleaning machine shall be designed and 
operated to route all collected solvent vapors through a properly 
operated and maintained carbon adsorber that meets the requirements of 
either paragraph (e)(2)(vii) or (g)(2) of this section.
    (3) In lieu of complying with the provisions of paragraph (d) of 
this section, the owner or operator of a remote reservoir continuous web 
cleaning machine shall comply with the following provisions:
    (i) Any spraying operations shall be conducted in a section of the 
solvent cleaning machine that is not directly exposed to the ambient air 
(i.e., a baffled or enclosed area of the solvent cleaning machine) or 
within a machine having a door or cover that meets the requirements of 
paragraph (g)(4)(i)(C) of this section.
    (ii) During startup of each vapor cleaning machine, the primary 
condenser shall be turned on before the sump heater.
    (iii) During shutdown of each vapor cleaning machine, the sump 
heater shall be turned off and the solvent vapor layer allowed to 
collapse before the primary condenser is turned off.

[[Page 583]]

    (iv) When solvent is added or drained from any solvent cleaning 
machine, the solvent shall be transferred using threaded or other 
leakproof couplings, and the end of the pipe in the solvent sump shall 
be located beneath the liquid solvent surface.
    (v) Each solvent cleaning machine and associated controls shall be 
maintained as recommended by the manufacturers of the equipment or using 
alternative maintenance practices that have been demonstrated to the 
Administrator's satisfaction to achieve the same or better results as 
those recommended by the manufacturer.
    (vi) Waste solvent, still bottoms, sump bottoms, and waste absorbent 
materials used in the cleaning process for continuous web cleaning 
machines shall be collected and stored in waste containers. The closed 
containers may contain a device that would allow pressure relief, but 
would not allow liquid solvent to drain from the container.
    (vii) Except as provided in paragraph (h)(3)(viii) of this section, 
sponges, fabric, wood, and paper products shall not be cleaned.
    (viii) The prohibition in paragraph (h)(3)(vii) of this section does 
not apply to absorbent materials that are used as part of the cleaning 
process of continuous web cleaning machines, including rollers and 
roller covers.

[59 FR 61805, Dec. 2, 1994; 60 FR 29485, June 5, 1995, as amended at 64 
FR 67799, Dec. 3, 1999; 65 FR 54422, Sept. 8, 2000; 68 FR 37349, June 
23, 2003]



Sec. 63.464  Alternative standards.

    (a) As an alternative to meeting the requirements in Sec. 63.463, 
each owner or operator of a batch vapor or in-line solvent cleaning 
machine can elect to comply with the requirements of Sec. 63.464. An 
owner or operator of a solvent cleaning machine who elects to comply 
with Sec. 63.464 shall comply with the requirements specified in either 
paragraph (a)(1) or (a)(2) of this section.
    (1) If the cleaning machine has a solvent/air interface, as defined 
in Sec. 63.461, the owner or operator shall comply with the 
requirements specified in paragraphs (a)(1)(i) and (a)(1)(ii) of this 
section.
    (i) Maintain a log of solvent additions and deletions for each 
solvent cleaning machine.
    (ii) Ensure that the emissions from each solvent cleaning machine 
are equal to or less than the applicable emission limit presented in 
table 5 of this subpart as determined using the procedures in Sec. 
63.465(b) and (c).

  Table 5--Emission Limits for Batch Vapor and In-Line Solvent Cleaning
                  Machines With a Solvent/Air Interface
------------------------------------------------------------------------
                                                               3-month
                                                               rolling
                                                               average
                                                               monthly
                                                               emission
                  Solvent cleaning machine                      limit
                                                             (kilograms/
                                                                square
                                                               meters/
                                                                month)
------------------------------------------------------------------------
Batch vapor solvent cleaning machines......................         150
Existing in-line solvent cleaning machines.................         153
New in-line solvent cleaning machines......................          99
------------------------------------------------------------------------

    (2) If the cleaning machine is a batch vapor cleaning machine and 
does not have a solvent/air interface, the owner or operator shall 
comply with the requirements specified in paragraphs (a)(2)(i) and 
(a)(2)(ii) of this section.
    (i) Maintain a log of solvent additions and deletions for each 
solvent cleaning machine.
    (ii) Ensure that the emissions from each solvent cleaning machine 
are equal to or less than the appropriate limits as described in 
paragraphs (a)(2)(ii)(A) and (a)(2)(ii)(B) of this section.
    (A) For cleaning machines with a cleaning capacity, as reported in 
Sec. 63.468(d), that is less than or equal to 2.95 cubic meters, the 
emission limit shall be determined using table 6 or equation 1. If using 
table 6, and the cleaning capacity of the cleaning machine falls between 
two cleaning capacity sizes, then the lower of the two emission limits 
applies.
    (B) For cleaning machines with a cleaning capacity as reported in 
Sec. 63.468(d), that is greater than 2.95 cubic meters, the emission 
limit shall be determined using equation 1.

EL = 330 * (Vol) \0.6\ (1)

where:

EL = the 3-month rolling average monthly emission limit (kilograms/
          month).

[[Page 584]]



  Table 6--Emission Limits for Cleaning Machines Without a Solvent/Air
                                Interface
------------------------------------------------------------------------
                                       3-month rolling average monthly
 Cleaning capacity (cubic meters)     emission limit (kilograms/month)
------------------------------------------------------------------------
                  0.00                                    0
                  0.05                                   55
                  0.10                                   83
                  0.15                                  106
                  0.20                                  126
                  0.25                                  144
                  0.30                                  160
                  0.35                                  176
                  0.40                                  190
                  0.45                                  204
                  0.50                                  218
                  0.55                                  231
                  0.60                                  243
                  0.65                                  255
                  0.70                                  266
                  0.75                                  278
                  0.80                                  289
                  0.85                                  299
                  0.90                                  310
                  0.95                                  320
                  1.00                                  330
                  1.05                                  340
                  1.10                                  349
                  1.15                                  359
                  1.20                                  368
                  1.25                                  377
                  1.30                                  386
                  1.35                                  395
                  1.40                                  404
                  1.45                                  412
                  1.50                                  421
                  1.55                                  429
                  1.60                                  438
                  1.65                                  446
                  1.70                                  454
                  1.75                                  462
                  1.80                                  470
                  1.85                                  477
                  1.90                                  485
                  1.95                                  493
                  2.00                                  500
                  2.05                                  508
                  2.10                                  515
                  2.15                                  522
                  2.20                                  530
                  2.25                                  537
                  2.30                                  544
                  2.35                                  551
                  2.40                                  558
                  2.45                                  565
                  2.50                                  572
                  2.55                                  579
                  2.60                                  585
                  2.65                                  592
                  2.70                                  599
                  2.75                                  605
                  2.80                                  612
                  2.85                                  619
                  2.90                                  625
                  2.95                                  632
------------------------------------------------------------------------

Vol = the cleaning capacity of the solvent cleaning machine (cubic 
          meters).

    (b) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with Sec. 63.464(a) shall demonstrate 
compliance with the applicable 3-month rolling average monthly emission 
limit on a monthly basis as described in Sec. 63.465(b) and (c).
    (c) If the applicable 3-month rolling average emission limit is not 
met, an exceedance has occurred. All exceedances shall be reported as 
required in Sec. 63.468(h).
    (d) As an alternative to meeting the requirements in Sec. 63.463, 
each owner or operator of a continuous web cleaning machine can 
demonstrate an overall cleaning system control efficiency of 70 percent 
or greater using the procedures in Sec. 63.465(g). This demonstration 
can be made for either a single cleaning machine or for a solvent 
cleaning system that contains one or more cleaning machines and 
ancillary equipment, such as storage tanks and distillation units. If 
the demonstration is made for a cleaning system, the facility must 
identify any modifications required to the procedures in Sec. 63.465(g) 
and they must be approved by the Administrator.

[59 FR 61805, Dec. 2, 1994, as amended at 64 FR 67801, Dec. 3, 1999; 65 
FR 54423, Sept. 8, 2000]



Sec. 63.465  Test methods.

    (a) Except as provided in paragraphs (f) and (g) of this section for 
continuous web cleaning machines, each owner or operator of a batch 
vapor or in-line solvent cleaning machine complying with an idling 
emission limit standard in Sec. 63.463(b)(1)(ii), (b)(2)(ii), 
(c)(1)(ii), or (c)(2)(ii) shall determine the idling emission rate of 
the solvent cleaning machine using Reference Method 307 in appendix A of 
this part.
    (b) Except as provided in paragraph (g) of this section for 
continuous web cleaning machines, each owner or operator of a batch 
vapor or in-line solvent cleaning machine complying with Sec. 63.464 
shall, on the first operating day of every month ensure that the solvent 
cleaning machine system contains only clean liquid solvent. This 
includes, but is not limited to, fresh unused solvent, recycled solvent, 
and used solvent that has been cleaned of soils. A fill line must be 
indicated during the first month the measurements are made. The solvent 
level within the machine must be returned to the same fill-line

[[Page 585]]

each month, immediately prior to calculating monthly emissions as 
specified in paragraph (c) of this section. The solvent cleaning machine 
does not have to be emptied and filled with fresh unused solvent prior 
to the calculations.
    (c) Except as provided in paragraphs (f) and (g) of this section for 
continuous web cleaning machines, each owner or operator of a batch 
vapor or in-line solvent cleaning machine complying with Sec. 63.464 
shall, on the first operating day of the month, comply with the 
requirements specified in paragraphs (c)(1) through (3) of this section.
    (1) Using the records of all solvent additions and deletions for the 
previous monthly reporting period required under Sec. 63.464(a), 
determine solvent emissions (Ei) using equation 2 for cleaning machines 
with a solvent/air interface and equation 3 for cleaning machines 
without a solvent/air interface:
[GRAPHIC] [TIFF OMITTED] TR02DE94.000

[GRAPHIC] [TIFF OMITTED] TR02DE94.001

where:

Ei=the total halogenated HAP solvent emissions from the 
          solvent cleaning machine during the most recent monthly 
          reporting period i, (kilograms of solvent per square meter of 
          solvent/air interface area per month).
En=the total halogenated HAP solvent emissions from the 
          solvent cleaning machine during the most recent monthly 
          reporting period i, (kilograms of solvent per month).
SAi=the total amount of halogenated HAP liquid solvent added 
          to the solvent cleaning machine during the most recent monthly 
          reporting period i, (kilograms of solvent per month).
LSRi=the total amount of halogenated HAP liquid solvent 
          removed from the solvent cleaning machine during the most 
          recent monthly reporting period i, (kilograms of solvent per 
          month).
SSRi=the total amount of halogenated HAP solvent removed from 
          the solvent cleaning machine in solid waste, obtained as 
          described in paragraph (c)(2) of this section, during the most 
          recent monthly reporting period i, (kilograms of solvent per 
          month).
AREAi=the solvent/air interface area of the solvent cleaning 
          machine (square meters).

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

[GRAPHIC] [TIFF OMITTED] TR02DE94.003

Where:

EAi=the average halogenated HAP solvent emissions over the 
          preceding 3 monthly reporting periods, (kilograms of solvent 
          per square meter of solvent/air interface area per month).
EAn=the average halogenated HAP solvent emissions over the 
          preceding 3 monthly reporting periods (kilograms of solvent 
          per month).
Ei=halogenated HAP solvent emissions for each month (j) for 
          the most recent 3 monthly reporting periods (kilograms of 
          solvent per square meter of solvent/air interface area).
En=halogenated HAP solvent emissions for each month (j) for 
          the most recent 3 monthly reporting periods (kilograms of 
          solvent per month).
j=1 = the most recent monthly reporting period.
j=2 = the monthly reporting period immediately prior to j=1.
j=3 = the monthly reporting period immediately prior to j=2.

    (d) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine using a dwell to comply with Sec. 63.463 shall 
determine the appropriate dwell time for each part or parts basket using 
the procedure specified in paragraphs (d)(1) and (d)(2) of this section.

[[Page 586]]

    (1) Determine the amount of time for the part or parts basket to 
cease dripping once placed in the vapor zone. The part or parts basket 
used for this determination must be at room temperature before being 
placed in the vapor zone.
    (2) The proper dwell time for parts to remain in the freeboard area 
above the vapor zone is no less than 35 percent of the time determined 
in paragraph (d)(1) of this section.
    (e) An owner or operator of a source shall determine their potential 
to emit from all solvent cleaning operations, using the procedures 
described in paragraphs (e)(1) through (e)(3) of this section. A 
facility's total potential to emit is the sum of the HAP emissions from 
all solvent cleaning operations, plus all HAP emissions from other 
sources within the facility.
    (1) Determine the potential to emit for each individual solvent 
cleaning using equation 6.

PTEi=HixWixSAIi (6)

Where:

PTEi=the potential to emit for solvent cleaning machine i 
          (kilograms of solvent per year).
Hi=hours of operation for solvent cleaning machine i (hours 
          per year).
    =8760 hours per year, unless otherwise restricted by a Federally 
enforceable requirement.
Wi=the working mode uncontrolled emission rate (kilograms per 
          square meter per hour).
    =1.95 kilograms per square meter per hour for batch vapor and cold 
cleaning machines.
    =1.12 kilograms per square meter per hour for in-line cleaning 
machines.
SAIi = solvent/air interface area of solvent cleaning machine 
          i (square meters). Section 63.461 defines the solvent/air 
          interface area for those machines that have a solvent/air 
          interface. Cleaning machines that do not have a solvent/air 
          interface shall calculate a solvent/air interface area using 
          the procedure in paragraph (e)(2) of this section.

    (2) Cleaning machines that do not have a solvent/air interface shall 
calculate a solvent/air interface area using equation 7.

SAI=2.20 * (Vol)\0.6\ (7)

Where:

SAI=the solvent/air interface area (square meters).
Vol=the cleaning capacity of the solvent cleaning machine (cubic 
          meters).

    (3) Sum the PTEi for all solvent cleaning operations to 
obtain the total potential to emit for solvent cleaning operations at 
the facility.
    (f) Each owner or operator of a continuous web cleaning machine 
using a squeegee system to comply with Sec. 63.463(g)(3) shall 
determine the maximum product throughput using the method in this 
paragraph. The maximum product throughput for each squeegee type used at 
a facility must be determined prior to December 2, 1999, the compliance 
date for these units.
    (1) Conduct daily visual inspections of the continuous web part. 
This monitoring shall be conducted at the point where the continuous web 
part exits the squeegee system. It is not necessary for the squeegees to 
be new at the time monitoring is begun if the following two conditions 
are met:
    (i) The continuous web part leaving the squeegee system has no 
visible solvent film.
    (ii) The amount of continuous web that has been processed through 
the squeegees since the last replacement is known.
    (2) Continue daily monitoring until a visible solvent film is noted 
on the continuous web part.
    (3) Determine the length of continuous web product that has been 
cleaned using the squeegee since it was installed.
    (4) The maximum product throughput for the purposes of this rule is 
equal to the time it takes to clean 95 percent of the length of product 
determined in paragraph (f)(3) of this section. This time period, in 
days, may vary depending on the amount of continuous web product cleaned 
each day.
    (g) Each owner or operator of a continuous web cleaning machine 
demonstrating compliance with the alternative standard of Sec. 
63.464(d) shall, on the first day of every month, ensure that the 
solvent cleaning machine contains only clean liquid solvent. This 
includes, but is not limited to, fresh unused solvent, recycled solvent, 
and used solvent that has been cleaned of soils. A fill-line must be 
indicated during the first month the measurements

[[Page 587]]

are made. The solvent level with the machine must be returned to the 
same fill-line each month, immediately prior to calculating overall 
cleaning system control efficiency emissions as specified in paragraph 
(h) in this section. The solvent cleaning machine does not need to be 
emptied and filled with fresh unused solvent prior to the calculation.
    (h) Each owner or operator of a continuous web cleaning machines 
complying with Sec. 63.464(d) shall, on the first operating day of the 
month, comply with the following requirements.
    (1) Using the records of all solvent additions, solvent deletions, 
and solvent recovered from the carbon adsorption system for the previous 
monthly reporting period required under Sec. 63.467(e), determine the 
overall cleaning system control efficiency (Eo) using 
Equation 8 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR08SE00.003

Where:

Eo = overall cleaning system control efficiency.
Ri = the total amount of halogenated HAP liquid solvent 
          recovered from the carbon adsorption system and recycled to 
          the solvent cleaning system during the most recent monthly 
          reporting period, i, (kilograms of solvent per month).
Sai = the total amount of halogenated HAP liquid solvent 
          added to the solvent cleaning system during the most recent 
          monthly reporting period, i, (kilograms of solvent per month).
SSRi = the total amount of halogenated HAP solvent removed 
          from the solvent cleaning system in solid waste, obtained as 
          described in paragraph (c)(2) of this section, during the most 
          recent monthly reporting period, i, (kilograms of solvent per 
          month).

[59 FR 61805, Dec. 2, 1994, as amended at 64 FR 67801, Dec. 3, 1999; 65 
FR 54423, Sept. 8, 2000]



Sec. 63.466  Monitoring procedures.

    (a) Except as provided in paragraph (g) of this section, each owner 
or operator of a batch vapor or in-line solvent cleaning machine 
complying with the equipment standards in Sec. 63.463(b)(1)(i), 
(b)(2)(i), (c)(1)(i), (c)(2)(i), (g)(1), or (g)(2) shall conduct 
monitoring and record the results on a weekly basis for the control 
devices, as appropriate, specified in paragraphs (a)(1) through (5) of 
this section.
    (1) If a freeboard refrigeration device is used to comply with these 
standards, the owner or operator shall use a thermometer or thermocouple 
to measure the temperature at the center of the air blanket during the 
idling mode.
    (2) If a superheated vapor system is used to comply with these 
standards, the owner or operator shall use a thermometer or thermocouple 
to measure the temperature at the center of the superheated solvent 
vapor zone while the solvent cleaning machine is in the idling mode.
    (3) If a squeegee system, air knife system, or combination squeegee 
and air knife system is used to comply with the requirements of Sec. 
63.463(g) or (h), the owner or operator shall visually inspect the 
continuous web part exiting the solvent cleaning machine to ensure that 
no solvent film is visible on the part.
    (4) Except as provided in paragraph (a)(5) of this section, if a 
superheated part system is used to comply with the requirements of Sec. 
63.463(g) or (h), the owner or operator shall use a thermometer, 
thermocouple, or other temperature measurement device to measure the 
temperature of the continuous web part while it is in the solvent 
cleaning machine. This measurement can also be taken at the exit of the 
solvent cleaning machine.
    (5) As an alternative to complying with paragraph (a)(4) of this 
section, the owner or operator can provide data, sufficient to satisfy 
the Administrator, that demonstrate that the part temperature remains 
above the boiling point of the solvent at all times that the part is 
within the continuous web solvent cleaning machine. This data could 
include design and operating conditions such as information supporting 
any exothermic reaction inherent in the processing.
    (b) Except as provided in paragraph (g) of this section, each owner 
or operator of a batch vapor or in-line solvent cleaning machine 
complying with the equipment standards of Sec. 63.463 (b)(1)(i), 
(b)(2)(i), (c)(1)(i), or (c)(2)(i) shall conduct monitoring and record 
the results

[[Page 588]]

on a monthly basis for the control devices, as appropriate, specified in 
paragraphs (b)(1) and (b)(2) of this section.
    (1) If a cover (working-mode, downtime-mode, and/or idling-mode 
cover) is used to comply with these standards, the owner or operator 
shall conduct a visual inspection to determine if the cover is opening 
and closing properly, completely covers the cleaning machine openings 
when closed, and is free of cracks, holes, and other defects.
    (2) If a dwell is used, the owner or operator shall determine the 
actual dwell time by measuring the period of time that parts are held 
within the freeboard area of the solvent cleaning machine after 
cleaning.
    (c) Except as provided in paragraph (g) of this section, each owner 
or operator of a batch vapor or in-line solvent cleaning machine 
complying with the equipment or idling standards in Sec. 63.463 shall 
monitor the hoist speed as described in paragraphs (c)(1) through (c)(4) 
of this section.
    (1) The owner or operator shall determine the hoist speed by 
measuring the time it takes for the hoist to travel a measured distance. 
The speed is equal to the distance in meters divided by the time in 
minutes (meters per minute).
    (2) The monitoring shall be conducted monthly. If after the first 
year, no exceedances of the hoist speed are measured, the owner or 
operator may begin monitoring the hoist speed quarterly.
    (3) If an exceedance of the hoist speed occurs during quarterly 
monitoring, the monitoring frequency returns to monthly until another 
year of compliance without an exceedance is demonstrated.
    (4) If an owner or operator can demonstrate to the Administrator's 
satisfaction in the initial compliance report that the hoist cannot 
exceed a speed of 3.4 meters per minute (11 feet per minute), the 
required monitoring frequency is quarterly, including during the first 
year of compliance.
    (d) Except as provided in paragraph (g) of this section, each owner 
or operator of a batch vapor or in-line solvent cleaning machine 
complying with the equipment standards in Sec. 63.463 (b)(1)(i), 
(b)(2)(i), (c)(1)(i), or (c)(2)(i) using a reduced room draft shall 
conduct monitoring and record the results as specified in paragraph 
(d)(1) or (d)(2) of this section.
    (1) If the reduced room draft is maintained by controlling room 
parameters (i.e., redirecting fans, closing doors and windows, etc.), 
the owner or operator shall conduct an initial monitoring test of the 
windspeed and of room parameters, quarterly monitoring of windspeed, and 
weekly monitoring of room parameters as specified in paragraphs 
(d)(1)(i) and (d)(1)(ii) of this section.
    (i) Measure the windspeed within 6 inches above the top of the 
freeboard area of the solvent cleaning machine using the procedure 
specified in paragraphs (d)(1)(i)(A) through (d)(1)(i)(D) of this 
section.
    (A) Determine the direction of the wind current by slowly rotating a 
velometer or similar device until the maximum speed is located.
    (B) Orient a velometer in the direction of the wind current at each 
of the four corners of the machine.
    (C) Record the reading for each corner.
    (D) Average the values obtained at each corner and record the 
average wind speed.
    (ii) Monitor on a weekly basis the room parameters established 
during the initial compliance test that are used to achieve the reduced 
room draft.
    (2) If an enclosure (full or partial) is used to achieve a reduced 
room draft, the owner or operator shall conduct an initial monitoring 
test and, thereafter, monthly monitoring tests of the windspeed within 
the enclosure using the procedure specified in paragraphs (d)(2)(i) and 
(d)(2)(ii) of this section and a monthly visual inspection of the 
enclosure to determine if it is free of cracks, holes and other defects.
    (i) Determine the direction of the wind current in the enclosure by 
slowly rotating a velometer inside the entrance to the enclosure until 
the maximum speed is located.
    (ii) Record the maximum wind speed.
    (e) Except as provided in paragraph (g) of this section, each owner 
or operator using a carbon adsorber to comply with this subpart shall 
measure and

[[Page 589]]

record the concentration of halogenated HAP solvent in the exhaust of 
the carbon adsorber weekly with a colorimetric detector tube. This test 
shall be conducted while the solvent cleaning machine is in the working 
mode and is venting to the carbon adsorber. The exhaust concentration 
shall be determined using the procedure specified in paragraphs (e)(1) 
through (e)(3) of this section.
    (1) Use a colorimetric detector tube designed to measure a 
concentration of 100 parts per million by volume of solvent in air to an 
accuracy of 25 parts per million by volume.
    (2) Use the colorimetric detector tube according to the 
manufacturer's instructions.
    (3) Provide a sampling port for monitoring within the exhaust outlet 
of the carbon adsorber that is easily accessible and located at least 8 
stack or duct diameters downstream from any flow disturbance such as a 
bend, expansion, contraction, or outlet; downstream from no other inlet; 
and 2 stack or duct diameters upstream from any flow disturbance such as 
a bend, expansion, contraction, inlet or outlet.
    (f) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the idling emission limit standards of 
Sec. 63.463 (b)(1)(ii), (b)(2)(ii), (c)(1)(ii), or (c)(2)(ii) shall 
comply with the requirements specified in paragraphs (f)(1) and (f)(2) 
of this section.
    (1) If using controls listed in paragraphs (a) through (e) of this 
section, the owner or operator shall comply with the monitoring 
frequency requirements in paragraphs (a) through (e) of this section.
    (2) If using controls not listed in paragraphs (a) through (e) of 
this section, the owner or operator shall establish the monitoring 
frequency for each control and submit it to the Administrator for 
approval in the initial test report.
    (g) Each owner or operator using a control device listed in 
paragraphs (a) through (e) of this section can use alternative 
monitoring procedures approved by the Administrator.

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



Sec. 63.467  Recordkeeping requirements.

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

[[Page 590]]

maintain records specified in paragraphs (b)(1) through (b)(4) of this 
section either in electronic or written form for a period of 5 years.
    (1) The results of control device monitoring required under Sec. 
63.466.
    (2) Information on the actions taken to comply with Sec. 63.463(e) 
and (f). This information shall include records of written or verbal 
orders for replacement parts, a description of the repairs made, and 
additional monitoring conducted to demonstrate that monitored parameters 
have returned to accepted levels.
    (3) Estimates of annual solvent consumption for each solvent 
cleaning machine.
    (4) If a carbon adsorber is used to comply with these standards, 
records of the date and results of the weekly measurement of the 
halogenated HAP solvent concentration in the carbon adsorber exhaust 
required in Sec. 63.466(e).
    (c) Except as provided in paragraph (e) of this section for 
continuous web cleaning machines, each owner or operator of a batch 
vapor or in-line solvent cleaning machine complying with the provisions 
of Sec. 63.464 shall maintain records specified in paragraphs (c)(1) 
through (3) of this section either in electronic or written form for a 
period of 5 years.
    (1) The dates and amounts of solvent that are added to the solvent 
cleaning machine.
    (2) The solvent composition of wastes removed from cleaning machines 
as determined using the procedure described in Sec. 63.465(c)(2).
    (3) Calculation sheets showing how monthly emissions and the rolling 
3-month average emissions from the solvent cleaning machine were 
determined, and the results of all calculations.
    (d) Each owner or operator of a solvent cleaning machine without a 
solvent/air interface complying with the provisions of Sec. 63.464 
shall maintain records on the method used to determine the cleaning 
capacity of the cleaning machine.
    (e) Each owner or operator of a continuous web cleaning machine 
complying with the provisions of Sec. 63.464(d) shall maintain the 
following records in either electronic or written form for a period of 5 
years.
    (1) The dates and amounts of solvent that are added to the solvent 
cleaning machine.
    (2) The dates and amounts of solvent that are recovered from the 
desorption of the carbon adsorber system.
    (3) The solvent composition of wastes removed from each cleaning 
machine as determined using the procedures in Sec. 63.465(c)(2).
    (4) Calculation sheets showing the calculation and results of 
determining the overall cleaning system control efficiency, as required 
by Sec. 63.465.

[59 FR 61805, Dec. 2, 1994, as amended at 64 FR 67802, Dec. 3, 1999; 68 
FR 37349, June 23, 2003]



Sec. 63.468  Reporting requirements.

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

[[Page 591]]

submit this report as soon as practicable before startup but no later 
than January 31, 1995. New sources for which the construction or 
reconstruction commenced after December 2, 1994, shall submit this 
report as soon as practicable before the construction or reconstruction 
is planned to commence. This report shall include all of the information 
required in Sec. 63.5(d)(1) of subpart A (General Provisions), with the 
revisions and additions in paragraphs (b)(1) through (b)(3) of this 
section.
    (1) The report shall include a brief description of each solvent 
cleaning machine including machine type (batch vapor, batch cold, vapor 
in-line, or cold-line), solvent/air interface area, and existing 
controls.
    (2) The report shall include the anticipated compliance approach for 
each solvent cleaning machine.
    (3) In lieu of Sec. 63.5(d)(1)(ii)(H) of subpart A of this part, 
the owner or operator must report an estimate of annual halogenated HAP 
solvent consumption for each solvent cleaning machine.
    (c) Each owner or operator of a batch cold solvent cleaning machine 
subject to the provisions of this subpart shall submit a compliance 
report to the Administrator. For existing sources, this report shall be 
submitted to the Administrator no later than 150 days after the 
compliance date specified in Sec. 63.460(d). For new sources, this 
report shall be submitted to the Administrator no later than 150 days 
after startup or May 1, 1995, whichever is later. This report shall 
include the requirements specified in paragraphs (c)(1) through (c)(4) 
of this section.
    (1) The name and address of the owner or operator.
    (2) The address (i.e., physical location) of the solvent cleaning 
machine(s).
    (3) A statement, signed by the owner or operator of the solvent 
cleaning machine, stating that the solvent cleaning machine for which 
the report is being submitted is in compliance with the provisions of 
this subpart.
    (4) The compliance approach for each solvent cleaning machine.
    (d) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the provisions of Sec. 63.463 shall 
submit to the Administrator an initial statement of compliance for each 
solvent cleaning machine. For existing sources, this report shall be 
submitted to the Administrator no later than 150 days after the 
compliance date specified in Sec. 63.460(d). For new sources, this 
report shall be submitted to the Administrator no later than 150 days 
after startup or May 1, 1995, whichever is later. This statement shall 
include the requirements specified in paragraphs (d)(1) through (d)(6) 
of this section.
    (1) The name and address of the owner or operator.
    (2) The address (i.e., physical location) of the solvent cleaning 
machine(s).
    (3) A list of the control equipment used to achieve compliance for 
each solvent cleaning machine.
    (4) For each piece of control equipment required to be monitored, a 
list of the parameters that are monitored and the values of these 
parameters measured on or during the first month after the compliance 
date.
    (5) Conditions to maintain the wind speed requirements of Sec. 
63.463(e)(2)(ii), if applicable.
    (6) Each owner or operator of a solvent cleaning machine complying 
with the idling emission limit standards of Sec. 63.463(b)(1)(ii), 
(b)(2)(ii), (c)(1)(ii), and (c)(2)(ii) shall submit a test report for 
tests of idling emissions meeting the specifications in Method 307 of 
appendix A to this subpart. This report shall comply with the 
requirements specified in paragraphs (d)(6)(i) through (d)(6)(iv) of 
this section.
    (i) This test must be on the same specific model cleaner used at the 
source. The test can be done by the owner or operator of the affected 
machine or can be supplied by the vendor of that solvent cleaning 
machine or a third party.
    (ii) This report must clearly state the monitoring parameters, 
monitoring frequency and the delineation of exceedances for each 
parameter.
    (iii) If a solvent cleaning machine vendor or third party test 
report is used to demonstrate compliance, it shall include the following 
for the solvent cleaning machine tested: Name of person(s) or company 
that performed

[[Page 592]]

the test, model name, the date the solvent cleaning machine was tested, 
serial number, and a diagram of the solvent cleaning machine tested.
    (iv) If a solvent cleaning machine vendor or third party test report 
is used, the owner or operator of the solvent cleaning machine shall 
comply with the requirements specified in either paragraphs 
(d)(6)(iv)(A) and (d)(6)(iv)(B) of this section.
    (A) Submit a statement by the solvent cleaning machine vendor that 
the unit tested is the same as the unit the report is being submitted 
for.
    (B) Demonstrate to the Administrator's satisfaction that the solvent 
emissions from the solvent cleaning machine for which the test report is 
being submitted are equal to or less than the solvent emissions from the 
solvent cleaning machine in the vendor test report.
    (7) If a carbon adsorber is used to comply with these standards, the 
date and results of the weekly measurement of the halogenated HAP 
solvent concentration in the carbon adsorber exhaust required in Sec. 
63.466(e).
    (e) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the provisions of Sec. 63.464 shall 
submit to the Administrator an initial statement of compliance for each 
solvent cleaning machine. For existing sources, this report shall be 
submitted to the Administrator no later than 150 days after the 
compliance date specified in Sec. 63.460(d). For new sources, this 
report shall be submitted to the Administrator no later than 150 days 
after startup or May 1, 1995, whichever is later. The statement shall 
include the information specified in paragraphs (e)(1) through (e)(4) of 
this section.
    (1) The name and address of the solvent cleaning machine owner or 
operator.
    (2) The address of the solvent cleaning machine(s).
    (3) The solvent/air interface area for each solvent cleaning machine 
or, for cleaning machines without a solvent/air interface, a description 
of the method used to determine the cleaning capacity and the results.
    (4) The results of the first 3-month average emissions calculation.
    (f) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the provisions of Sec. 63.463 shall 
submit an annual report by February 1 of the year following the one for 
which the reporting is being made. This report shall include the 
requirements specified in paragraphs (f)(1) through (f)(3) of this 
section.
    (1) A signed statement from the facility owner or his designee 
stating that, ``All operators of solvent cleaning machines have received 
training on the proper operation of solvent cleaning machines and their 
control devices sufficient to pass the test required in Sec. 
63.463(d)(10).''
    (2) An estimate of solvent consumption for each solvent cleaning 
machine during the reporting period.
    (3) The reports required under paragraphs (f) and (g) of this 
section can be combined into a single report for each facility.
    (g) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the provisions of Sec. 63.464 shall 
submit a solvent emission report every year. This solvent emission 
report shall contain the requirements specified in paragraphs (g)(1) 
through (g)(4) of this section.
    (1) The size and type of each unit subject to this subpart (solvent/
air interface area or cleaning capacity).
    (2) The average monthly solvent consumption for the solvent cleaning 
machine in kilograms per month.
    (3) The 3-month monthly rolling average solvent emission estimates 
calculated each month using the method as described in Sec. 63.465(c).
    (4) The reports required under paragraphs (f) and (g) of this 
section can be combined into a single report for each facility.
    (h) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine shall submit an exceedance report to the Administrator 
semiannually except when, the Administrator determines on a case-by-case 
basis that more frequent reporting is necessary to accurately assess the 
compliance status of the source or, an exceedance occurs. Once an 
exceedance has occurred the owner or operator shall follow a quarterly 
reporting format until a request to reduce reporting frequency

[[Page 593]]

under paragraph (i) of this section is approved. Exceedance reports 
shall be delivered or postmarked by the 30th day following the end of 
each calendar half or quarter, as appropriate. The exceedance report 
shall include the applicable information in paragraphs (h) (1) through 
(3) of this section.
    (1) Information on the actions taken to comply with Sec. 63.463 (e) 
and (f). This information shall include records of written or verbal 
orders for replacement parts, a description of the repairs made, and 
additional monitoring conducted to demonstrate that monitored parameters 
have returned to accepted levels.
    (2) If an exceedance has occurred, the reason for the exceedance and 
a description of the actions taken.
    (3) If no exceedances of a parameter have occurred, or a piece of 
equipment has not been inoperative, out of control, repaired, or 
adjusted, such information shall be stated in the report.
    (i) An owner or operator who is required to submit an exceedance 
report on a quarterly (or more frequent) basis may reduce the frequency 
of reporting to semiannual if the conditions in paragraphs (i)(1) 
through (i)(3) of this section are met.
    (1) The source has demonstrated a full year of compliance without an 
exceedance.
    (2) The owner or operator continues to comply with all relevant 
recordkeeping and monitoring requirements specified subpart A (General 
Provisions) and in this subpart.
    (3) The Administrator does not object to a reduced frequency of 
reporting for the affected source as provided in paragraph (e)(3)(iii) 
of subpart A (General Provisions).
    (j) [Reserved]
    (k) Each owner or operator of a solvent cleaning machine requesting 
an equivalency determination, as described in Sec. 63.469 shall submit 
an equivalency request report to the Administrator. For existing 
sources, this report must be submitted to the Administrator no later 
than June 3, 1996. For new sources, this report must be submitted and 
approved by the Administrator prior to startup.

[59 FR 61805, Dec. 2, 1994; 60 FR 29485, June 5, 1995, as amended at 64 
FR 69643, Dec. 14, 1999; 71 FR 75346, Dec. 19, 2005]



Sec. 63.469  Equivalent methods of control.

    Upon written application, the Administrator may approve the use of 
equipment or procedures after they have been satisfactorily demonstrated 
to be equivalent, in terms of reducing emissions of methylene chloride, 
perchloroethylene, trichloroethylene, 1,1,1-trichloroethane, carbon 
tetrachloride or chloroform to the atmosphere, to those prescribed for 
compliance within a specified paragraph of this subpart. The application 
must contain a complete description of the equipment or procedure and 
the proposed equivalency testing procedure and the date, time, and 
location scheduled for the equivalency demonstration.



Sec. 63.470  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.460, 63.462(a) through (d), and 63.463 through 63.464 (except for the 
authorities in

[[Page 594]]

Sec. 63.463(d)(9)). Use the procedures in Sec. 63.469 to request the 
use of alternative equipment or procedures.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37349, June 23, 2003]



Sec. 63.471  Facility-wide standards.

    (a) Each owner or operator of an affected facility shall comply with 
the requirements specified in this section. For purposes of this 
section, affected facility means all solvent cleaning machines, except 
solvent cleaning machines used in the manufacture and maintenance of 
aerospace products, solvent cleaning machines used in the manufacture of 
narrow tubing, and continuous web cleaning machines, located at a major 
source that are subject to the facility-wide limits in paragraph (b)(2) 
of this section, and for area sources, affected facility means all 
solvent cleaning machines, except cold batch cleaning machines, located 
at an area source that are subject to the facility-wide limits in 
paragraph (b)(2) of this section.
    (b)(1) Each owner or operator of an affected facility must maintain 
a log of solvent additions and deletions for each solvent cleaning 
machine.
    (2) Each owner or operator of an affected facility must ensure that 
the total emissions of perchloroethylene (PCE), trichloroethylene (TCE) 
and methylene chloride (MC) used at the affected facility are equal to 
or less than the applicable facility-wide 12-month rolling total 
emission limit presented in Table 1 of this section as determined using 
the procedures in paragraph (c) of this section.

              Table 1--Facility-wide Emission Limits for Facilities With Solvent Cleaning Machines
----------------------------------------------------------------------------------------------------------------
                                                                  Facility-wide annual
                                                                emission limits in kg--    Facility-wide annual
                       Solvents emitted                          for general population    emission limit in kg
                                                                  degreasing machines       for military depot
                                                                                          maintenance facilities
----------------------------------------------------------------------------------------------------------------
PCE only \a\..................................................                    4,800                    8,000
TCE only......................................................                   14,100                   23,500
MC only.......................................................                   60,000                  100,000
Multiple solvents--Calculate the MC-weighted emissions using                     60,000                 100,000
 equation 1...................................................
----------------------------------------------------------------------------------------------------------------
\a\ PCE emission limit calculated using CalEPA URE.

    Note: In the equation, the facility emissions of PCE and TCE are 
weighted according to their carcinogenic potency relative to that of MC. 
The value of A is 12.5. The value for B is 4.25.
[GRAPHIC] [TIFF OMITTED] TR03MY07.015

Where:

WE = Weighted 12-month rolling total emissions in kg (lbs).
PCE = 12-month rolling total PCE emissions from all solvent cleaning 
          machines at the facility in kg (lbs).
TCE = 12-month rolling total TCE emission from all solvent cleaning 
          machines at the facility in kg (lbs).
MC = 12-month rolling total MC emissions from all solvent cleaning 
          machines at the facility in kg (lbs).

    (c) Each owner or operator of an affected facility shall on the 
first operating day of every month, demonstrate compliance with the 
applicable facility-wide emission limit on a 12-month rolling total 
basis using the procedures in paragraphs (c)(1) through (5) of this 
section. For purposes of this paragraph, ``each solvent cleaning 
machine'' means each solvent cleaning

[[Page 595]]

machine that is part of an affected facility regulated by this section.
    (1) Each owner or operator of an affected facility shall, on the 
first operating day of every month, ensure that each solvent cleaning 
machine system contains only clean liquid solvent. This includes, but is 
not limited to, fresh unused solvent, recycled solvent, and used solvent 
that has been cleaned of soiled materials. A fill line must be indicated 
during the first month the measurements are made. The solvent level 
within the machine must be returned to the same fill-line each month, 
immediately prior to calculating monthly emissions as specified in 
paragraphs (c)(2) and (3) of this section. The solvent cleaning machine 
does not have to be emptied and filled with fresh unused solvent prior 
to the calculations.
    (2) Each owner or operator of an affected facility shall, on the 
first operating day of the month, using the records of all solvent 
additions and deletions for the previous month, determine solvent 
emissions (Eunit) from each solvent cleaning machine using 
equation 10:
[GRAPHIC] [TIFF OMITTED] TR03MY07.016

Where:

Eunit = the total halogenated HAP solvent emissions from the 
          solvent cleaning machine during the most recent month i, 
          (kilograms of solvent per month).
SAi = the total amount of halogenated HAP liquid solvent 
          added to the solvent cleaning machine during the most recent 
          month i, (kilograms of solvent per month).
LSRi = the total amount of halogenated HAP liquid solvent 
          removed from the solvent cleaning machine during the most 
          recent month i, (kilograms of solvent per month).
SSRi = the total amount of halogenated HAP solvent removed 
          from the solvent cleaning machine in solid waste, obtained as 
          described in paragraph (c)(3) of this section, during the most 
          recent month i, (kilograms of solvent per month).

    (3) Each owner or operator of an affected facility shall, on the 
first operating day of the month, determine SSRi using the 
method specified in paragraph (c)(3)(i) or (c)(3)(ii) of this section.
    (i) From tests conducted using EPA reference method 25d.
    (ii) By engineering calculations included in the compliance report.
    (4) Each owner or operator of an affected facility shall on the 
first operating day of the month, after 12 months of emissions data are 
available, determine the 12-month rolling total emissions, 
ETunit, for the 12-month period ending with the most recent 
month using equation 11:
[GRAPHIC] [TIFF OMITTED] TR03MY07.017

Where:

ETunit = the total halogenated HAP solvent emissions over the 
          preceding 12 months, (kilograms of solvent emissions per 12-
          month period).
Eunit = halogenated HAP solvent emissions for each month (j) 
          for the most recent 12 months (kilograms of solvent per 
          month).

    (5) Each owner or operator of an affected facility shall on the 
first operating day of the month, after 12 months of emissions data are 
available, determine the 12-month rolling total emissions, 
ETfacility, for the 12-month period ending with the most 
recent month using equation 12:
[GRAPHIC] [TIFF OMITTED] TR03MY07.018

Where:

ETfacility = the total halogenated HAP solvent emissions over 
          the preceding 12 months for all cleaning machines at the 
          facility, (kilograms of solvent emissions per 12-month 
          period).
ETunit = the total halogenated HAP solvent emissions over the 
          preceding 12 months for each unit j, where i equals the total 
          number of units at the facility (kilograms of solvent 
          emissions per 12-month period).

    (d) If the applicable facility-wide emission limit presented in 
Table 1 of paragraph (b)(2) is not met, an exceedance has occurred. All 
exceedances shall be reported as required in Sec. 63.468(h).
    (e) Each owner or operator of an affected facility shall maintain 
records specified in paragraphs (e)(1) through

[[Page 596]]

(3) of this section either in electronic or written form for a period of 
5 years. For purposes of this paragraph, ``each solvent cleaning 
machine'' means each solvent cleaning machine that is part of an 
affected facility regulated by this section.
    (1) The dates and amounts of solvent that are added to each solvent 
cleaning machine.
    (2) The solvent composition of wastes removed from each solvent 
cleaning machines as determined using the procedure described in 
paragraph (c)(3) of this section.
    (3) Calculation sheets showing how monthly emissions and the 12-
month rolling total emissions from each solvent cleaning machine were 
determined, and the results of all calculations.
    (f) Each owner or operator of an affected facility shall submit an 
initial notification report to the Administrator no later than May 3, 
2010. This report shall include the information specified in paragraphs 
(f)(1) through (5) of this section.
    (1) The name and address of the owner or operator of the affected 
facility.
    (2) The address (i.e., physical location) of the solvent cleaning 
machine(s) that is part of an affected facility regulated by this 
section.
    (3) A brief description of each solvent cleaning machine at the 
affected facility including machine type (batch vapor, batch cold, vapor 
in-line or cold in-line), solvent/air interface area, and existing 
controls.
    (4) The date of installation for each solvent cleaning machine.
    (5) An estimate of annual halogenated HAP solvent consumption for 
each solvent cleaning machine.
    (g) Each owner or operator of an affected facility shall submit to 
the Administrator an initial statement of compliance on or before May 3, 
2010. The statement shall include the information specified in 
paragraphs (g)(1) through (g)(3) of this section.
    (1) The name and address of the owner or operator of the affected 
facility.
    (2) The address (i.e., physical location) of each solvent cleaning 
machine that is part of an affected facility regulated by this section.
    (3) The results of the first 12-month rolling total emissions 
calculation.
    (h) Each owner or operator of an affected facility shall submit a 
solvent emission report every year. This solvent emission report shall 
contain the requirements specified in paragraphs (h)(1) through (h)(3) 
of this section.
    (1) The average monthly solvent consumption for the affected 
facility in kilograms per month.
    (2) The 12-month rolling total solvent emission estimates calculated 
each month using the method as described in paragraph (c) of this 
section.
    (3) This report can be combined with the annual report required in 
Sec. 63.468(f) and (g) into a single report for each facility.

[72 FR 25158, May 3, 2007]



   Sec. Appendix A to Subpart T of Part 63--Test of Solvent Cleaning 

                               Procedures

                            General Questions

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

[[Page 597]]

    C. When dripping stops
    D. Either A or C is correct
------ 6. How must parts be oriented during cleaning?
    A. It does not matter as long as they fit in the parts basket.
    B. So that the solvent pools in the cavities where the dirt is 
concentrated.
    C. So that solvent drains from them freely.
------ 7. During startup, what must be turned on first, the primary 
          condenser or the sump heater?
    A. Primary condenser
    B. Sump heater
    C. Turn both on at same time
    D. Either A or B is correct
------ 8. During shutdown, what must be turned off first, the primary 
          condenser or the sump heater?
    A. Primary condenser
    B. Sump heater
    C. Turn both off at same time
    D. Either A or B is correct
------ 9. In what manner must solvent be added to and removed from the 
          solvent cleaning machine?
    A. With leak proof couplings
    B. With the end of the pipe in the solvent sump below the liquid 
solvent surface.
    C. So long as the solvent does not spill, the method does not 
matter.
    D. A and B
------ 10. What must be done with waste solvent and still and sump 
          bottoms?
    A. Pour down the drain
    B. Store in closed container
    C. Store in a bucket
    D. A or B
------ 11. What types of materials are prohibited from being cleaned in 
          solvent cleaning machines using halogenated HAP solvents?
    A. Sponges
    B. Fabrics
    C. Paper
    D. All of the above

                    Control Device Specific Questions

                   [ ] Freeboard Refrigeration Device

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

                         [ ] Working-Mode Cover

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

                                [ ] Dwell

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

                                 Answers

                            General Questions

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

                    Control Device Specific Questions

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

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



      Sec. Appendix B to Subpart T of Part 63--General Provisions 

                       Applicability to Subpart T

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

[[Page 598]]

 
63.1(a)(9)......................  No..............  No.............
63.1(a)(10).....................  Yes.............  Yes............
63.1(a)(11).....................  No..............  No.............  Subpart T allows submittal of notifications
                                                                      and reports through the U.S. mail, fax,
                                                                      and courier. Subpart T requires that the
                                                                      postmark for notifications and reports
                                                                      submitted through the U.S. mail or other
                                                                      non-Governmental mail carriers be on or
                                                                      before deadline specified in an applicable
                                                                      requirement.
63.1(a) (12)-(14)...............  Yes.............  Yes............
63.1(b)(1)......................  No..............  No.............  Subpart T specifies applicability.
63.1(b)(2)......................  No..............  Yes............
63.1(b)(3)......................  No..............  No.............  Subpart T requires that a record of
                                                                      halogenated cleaning machine applicability
                                                                      determination be kept on site for 5 years,
                                                                      or until the cleaning machine changes its
                                                                      operations. The record shall be
                                                                      sufficiently detailed to allow the
                                                                      Administrator to make a finding about the
                                                                      source's applicability status with regard
                                                                      to subpart T.
63.1(c)(1)......................  Yes.............  Yes............
63.1(c)(2)......................  Yes.............  Yes............  Subpart T, Sec.  63.460(h) exempts area
                                                                      sources subject to this subpart from the
                                                                      obligation to obtain Title V operating
                                                                      permits.
63.1(c)(3)......................  No..............  No.............
63.1(c)(4)......................  Yes.............  Yes............
63.1(c)(5)......................  Yes.............  Yes............  Subpart T does not require continuous
                                                                      monitoring systems (CMS) or continuous
                                                                      opacity monitoring systems. Therefore,
                                                                      notifications and requirements for CMS and
                                                                      COMS specified in subpart A do not apply
                                                                      to subpart T.
63.1(d).........................  No..............  No.............
63.1(e).........................  No..............  Yes............
63.2............................  Yes.............  Yes............  Subpart T definitions (Sec.  63.461) for
                                                                      existing and new overlap with the
                                                                      definitions for existing source and new
                                                                      source in subpart A (Sec.  63.2). Both
                                                                      subpart A and T also define Administrator.
63.3(a)-(c).....................  Yes.............  Yes............
63.4(a) (1)-(3).................  Yes.............  Yes............
63.4(a)(4)......................  No..............  No.............
63.4(a)(5)......................  Yes.............  Yes............
63.4(b)-(c).....................  Yes.............  Yes............
63.5(a)(1)......................  Yes.............  Yes............
63.5(a)(2)......................  Yes.............  Yes............
63.5(b)(1)......................  Yes.............  Yes............
63.5(b)(2)......................  No..............  No.............
63.5(b)(3)......................  No..............  No.............  Subpart T overrides the requirement for
                                                                      approval prior to constructing a new or
                                                                      reconstructing an existing major source.
63.5(b)(4)-(6)..................  Yes.............  Yes............
63.5(c).........................  No..............  No.............
63.5 (d)-(f)....................  No..............  No.............  Subpart T overrides the requirement to
                                                                      submit an application for approval of
                                                                      construction or reconstruction of a
                                                                      halogenated solvent cleaning machine.
63.6(a).........................  Yes.............  Yes............
63.6(b) (1)-(5).................  Yes.............  Yes............  Subpart T, Sec.  63.460, specifies
                                                                      compliance dates.
63.6(b)(6)......................  No..............  No.............
63.6(b)(7)......................  No..............  No.............  Subpart T has the same requirements for
                                                                      affected halogenated HAP solvent cleaning
                                                                      machine subcategories that are located at
                                                                      area sources as it does for those located
                                                                      at major sources.
63.6(c)(1)-(2)..................  Yes.............  Yes............  Subpart T allows 3 years from the date of
                                                                      promulgation for both area and major
                                                                      existing sources to comply.
63.6(c) (3)-(4).................  No..............  No.............
63.6(c)(5)......................  Yes.............  Yes............  Subpart T has the same requirements for
                                                                      affected halogenated HAP solvent cleaning
                                                                      machine subcategories that are located at
                                                                      area sources as it does for those located
                                                                      at major sources.
                                                                     Subpart T allows 3 years from the date of
                                                                      promulgation for both area and major
                                                                      existing sources to comply.
63.6(d).........................  No..............  No.............
63.6(e)(1)-(2)..................  Yes.............  Yes............
63.6(e)(3)......................  No..............  No.............  Subpart T overrides the requirement of a
                                                                      startup, shutdown, and malfunction plan.
                                                                      Subpart T specifies startup and shutdown
                                                                      procedures to be followed by an owner or
                                                                      operator for batch vapor and in-line
                                                                      cleaning machines.
63.6(f)-(g).....................  Yes.............  Yes............
63.6(h).........................  No..............  No.............  Subpart T does not require compliance with
                                                                      an opacity or visible emission standard.
63.6(i) (1)-(14)................  Yes.............  Yes............
63.6(i)(15).....................  No..............  No.............
63.6(i)(16).....................  Yes.............  Yes............
63.6(j).........................  Yes.............  Yes............

[[Page 599]]

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

[[Page 600]]

 
63.15(a)-(b)....................  Yes.............  Yes............
----------------------------------------------------------------------------------------------------------------
BCC=Batch Cold Cleaning Machines.
BVI=Batch Vapor and In-line Cleaning Machines.


[59 FR 61818, Dec. 2, 1994; 60 FR 29485, June 5, 1995, as amended at 70 
FR 75346, Dec. 19, 2005]



   Subpart U_National Emission Standards for Hazardous Air Pollutant 

                 Emissions: Group I Polymers and Resins

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



Sec. 63.480  Applicability and designation of affected sources.

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

[[Page 601]]

    (2) When requested by the Administrator, demonstrate that the EPPU 
does not use or manufacture any organic HAP.
    (c) Emission points not subject to the provisions of this subpart. 
The affected source includes the emission points listed in paragraphs 
(c)(1) through (c)(9) of this section, but these emission points are not 
subject to the requirements of this subpart or to the provisions of 
subpart A of this part.
    (1) Equipment that does not contain organic HAP and is located at an 
EPPU that is part of an affected source;
    (2) Stormwater from segregated sewers;
    (3) Water from fire-fighting and deluge systems in segregated 
sewers;
    (4) Spills;
    (5) Water from safety showers;
    (6) Water from testing of deluge systems;
    (7) Water from testing of firefighting systems;
    (8) Vessels and equipment storing and/or handling material that 
contains no organic HAP or organic HAP as impurities only; and
    (9) Equipment that is intended to operate in organic HAP service for 
less than 300 hours during the calendar year.
    (d) Processes exempted from the affected source. Research and 
development facilities are exempted from the affected source.
    (e) Applicability determination of elastomer equipment included in a 
process unit producing a non-elastomer product. If an elastomer product 
that is subject to this subpart is produced within a process unit that 
is subject to subpart JJJ of this part, and at least 50 percent of the 
elastomer is used in the production of the product manufactured by the 
subpart JJJ process unit, the unit operations involved in the production 
of the elastomer are considered part of the process unit that is subject 
to subpart JJJ, and not this subpart.
    (f) Primary product determination and applicability. An owner or 
operator of a process unit that produces or plans to produce an 
elastomer product shall determine if the process unit is subject to this 
subpart in accordance with this paragraph. The owner or operator shall 
initially determine whether a process unit is designated as an EPPU and 
subject to the provisions of this subpart in accordance with either 
paragraph (f)(1) or (f)(2) of this section. The owner or operator of a 
flexible operation unit that was not initially designated as an EPPU, 
but in which an elastomer product is produced, shall conduct an annual 
re-determination of the applicability of this subpart in accordance with 
paragraph (f)(3) of this section. Owners or operators that anticipate 
the production of an elastomer product in a process unit that was not 
initially designated as an EPPU, and in which no elastomer products are 
currently produced, shall determine if the process unit is subject to 
this subpart in accordance with paragraph (f)(4) of this section. 
Paragraphs (f)(3) and (f)(5) through (f)(7) of this section discuss 
compliance only for flexible operation units. Other paragraphs apply to 
all process units, including flexible operation units, unless otherwise 
noted. Paragraph (f)(8) of this section contains reporting requirements 
associated with the applicability determinations. Paragraphs (f)(9) and 
(f)(10) describe criteria for removing the EPPU designation from a 
process unit.
    (1) Initial determination. The owner or operator shall initially 
determine if a process unit is subject to the provisions of this subpart 
based on the primary product of the process unit in accordance with 
paragraphs (f)(1)(i) through (iii) of this section. If the process unit 
never uses or manufactures any organic HAP, regardless of the outcome of 
the primary product determination, the only requirements of this subpart 
that might apply to the process unit are contained in paragraph (b) of 
this section. If a flexible operation unit does not use or manufacture 
any organic HAP during the manufacture of one or more products, 
paragraph (f)(5)(i) of this section applies to that flexible operation 
unit.
    (i) If a process unit only manufactures one product, then that 
product shall represent the primary product of the process unit.
    (ii) If a process unit produces more than one intended product at 
the same time, the primary product shall be determined in accordance 
with paragraph (f)(1)(ii)(A) or (B) of this section.

[[Page 602]]

    (A) The product for which the process unit has the greatest annual 
design capacity on a mass basis shall represent the primary product of 
the process unit, or
    (B) If a process unit has the same maximum annual design capacity on 
a mass basis for two or more products, and if one of those products is 
an elastomer product, then the elastomer product shall represent the 
primary product of the process unit.
    (iii) If a process unit is designed and operated as a flexible 
operation unit, the primary product shall be determined as specified in 
paragraphs (f)(1)(iii)(A) or (B) of this section based on the 
anticipated operations for the 5 years following September 5, 1996 at 
existing process units, or for the first year after the process unit 
begins production of any product for new process units. If operations 
cannot be anticipated sufficiently to allow the determination of the 
primary product for the specified period, applicability shall be 
determined in accordance with paragraph (f)(2) of this section.
    (A) If the flexible operation unit will manufacture one product for 
the greatest operating time over the specified five year period for 
existing process units, or the specified one year period for new process 
units, then that product shall represent the primary product of the 
flexible operation unit.
    (B) If the flexible operation unit will manufacture multiple 
products equally based on operating time, then the product with the 
greatest expected production on a mass basis over the specified five 
year period for existing process units, or the specified one year period 
for new process units shall represent the primary product of the 
flexible operation unit.
    (iv) If, according to paragraph (f)(1)(i), (ii), or (iii) of this 
section, the primary product of a process unit is an elastomer product, 
then that process unit shall be designated as an EPPU. That EPPU and 
associated equipment, as listed in paragraph (a)(4) of this section, is 
either an affected source, or part of an affected source comprised of 
other EPPU and associated equipment, as listed in paragraph (a)(4) of 
this section, subject to this subpart with the same primary product at 
the same plant site that is a major source. If the primary product of a 
process unit is determined to be a product that is not an elastomer 
product, then that process unit is not an EPPU.
    (2) If the primary product cannot be determined for a flexible 
operation unit in accordance with paragraph (f)(1)(iii) of this section, 
applicability shall be determined in accordance with this paragraph.
    (i) If the owner or operator cannot determine the primary product in 
accordance with paragraph (f)(1)(iii) of this section, but can determine 
that an elastomer product is not the primary product, then that flexible 
operation unit is not an EPPU.
    (ii) If the owner or operator cannot determine the primary product 
in accordance with paragraph (f)(1)(iii) of this section, and cannot 
determine that an elastomer product is not the primary product as 
specified in paragraph (f)(2)(i) of this section, applicability shall be 
determined in accordance with paragraph (f)(2)(ii)(A) or (f)(2)(ii)(B) 
of this section.
    (A) If the flexible operation unit is an existing process unit, the 
flexible operation unit shall be designated as an EPPU if an elastomer 
product was produced for 5 percent or greater of the total operating 
time of the flexible operation unit since March 9, 1999. That EPPU and 
associated equipment, as listed in paragraph (a)(4) of this section, is 
either an affected source, or part of an affected source comprised of 
other EPPU and associated equipment, as listed in paragraph (a)(4) of 
this section, subject to this subpart with the same primary product at 
the same plant site that is a major source. For a flexible operation 
unit that is designated as an EPPU in accordance with this paragraph, 
the elastomer product produced for the greatest amount of time since 
March 9, 1999 shall be designated as the primary product of the EPPU.
    (B) If the flexible operation unit is a new process unit, the 
flexible operation unit shall be designated as an EPPU if the owner or 
operator anticipates that an elastomer product will be manufactured in 
the flexible operation unit at any time in the first year after the date 
the unit begins production of any

[[Page 603]]

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

[[Page 604]]

with the manufacture of that product. This subpart does not require 
compliance with the provisions of subpart A of this part for activities 
associated with the manufacture of a product that meets the criteria of 
paragraph (b) of this section.
    (ii) Whenever a flexible operation unit manufactures a product that 
makes it subject to subpart GGG of this part, the owner or operator is 
not required to comply with the provisions of this subpart during the 
production of that product.
    (6) Owners or operators of EPPUs that are flexible operation units 
have the option of determining the group status of each emission point 
associated with the flexible operation unit, in accordance with either 
paragraph (f)(6)(i) or (f)(6)(ii) of this section, with the exception of 
batch front-end process vents. For batch front-end process vents, the 
owner or operator shall determine the group status in accordance with 
Sec. 63.488.
    (i) The owner or operator may determine the group status of each 
emission point based on emission point characteristics when the primary 
product is being manufactured.
    (ii) The owner or operator may determine the group status of each 
emission point separately for each product produced by the flexible 
operation unit. For each product, the group status shall be determined 
using the emission point characteristics when that product is being 
manufactured and using the Group 1 criteria specified for the primary 
product. (Note: Under this scenario, it is possible that the group 
status, and therefore the requirement to achieve emission reductions, 
for an emission point may change depending on the product being 
manufactured.)
    (7) Owners or operators determining the group status of emission 
points in flexible operation units based solely on the primary product 
in accordance with paragraph (f)(6)(i) of this section shall establish 
parameter monitoring levels, as required, in accordance with either 
paragraph (f)(7)(i) or (f)(7)(ii) of this section. Owners or operators 
determining the group status of emission points in flexible operation 
units based on each product in accordance with paragraph (f)(6)(ii) of 
this section shall establish parameter monitoring levels, as required, 
in accordance with paragraph (f)(7)(i) of this section.
    (i) Establish separate parameter monitoring levels in accordance 
with Sec. 63.505(a) for each individual product.
    (ii) Establish a single parameter monitoring level (for each 
parameter required to be monitored at each device subject to monitoring 
requirements) in accordance with Sec. 63.505(a) that would apply for 
all products.
    (8) Reporting requirements. When it is determined that a process 
unit is an EPPU and subject to the requirements of this subpart, the 
Notification of Compliance Status required by Sec. 63.506(e)(5) shall 
include the information specified in paragraphs (f)(8)(i) and (f)(8)(ii) 
of this section, as applicable. If it is determined that the process 
unit is not subject to this subpart, the owner or operator shall either 
retain all information, data, and analysis used to document the basis 
for the determination that the primary product is not an elastomer 
product, or, when requested by the Administrator, demonstrate that the 
process unit is not subject to this subpart.
    (i) If the EPPU manufactures only one elastomer product, 
identification of that elastomer product.
    (ii) If the EPPU is designed and operated as a flexible operation 
unit, the information specified in paragraphs (f)(8)(ii)(A) through 
(f)(8)(ii)(D) of this section, as appropriate, shall be submitted.
    (A) If a primary product could be determined, identification of the 
primary product.
    (B) Identification of which compliance option, either paragraph 
(f)(6)(i) or (f)(6)(ii) of this section, has been selected by the owner 
or operator.
    (C) If the option to establish separate parameter monitoring levels 
for each product in paragraph (f)(7)(i) of this section is selected, the 
identification of each product and the corresponding parameter 
monitoring level.
    (D) If the option to establish a single parameter monitor level in 
paragraph (f)(7)(ii) of this section is selected, the parameter 
monitoring level for each parameter.

[[Page 605]]

    (9) EPPUs terminating production of all elastomer products. If an 
EPPU terminates the production of all elastomer products and does not 
anticipate the production of any elastomer products in the future, the 
process unit is no longer an EPPU and is not subject to this subpart 
after notification is made to the Administrator. This notification shall 
be accompanied by a rationale for why it is anticipated that no 
elastomer products will be produced in the process unit in the future.
    (10) Redetermination of applicability to EPPUs that are flexible 
operation units. Whenever changes in production occur that could 
reasonably be expected to change the primary product of an EPPU that is 
operating as a flexible operation unit from an elastomer product to a 
product that would make the process unit subject to another subpart of 
this part, the owner or operator shall re-evaluate the status of the 
process unit as an EPPU in accordance with paragraphs (f)(10)(i) through 
(iii) of this section.
    (i) For each product produced in the flexible operation unit, the 
owner or operator shall calculate the percentage of total operating time 
in which the product was produced for the preceding five-year period, or 
since the date that the process unit began production of any product, 
whichever is shorter.
    (ii) The owner or operator shall identify the primary product as the 
product with the highest percentage of total operating time for the 
period.
    (iii) If the conditions in (f)(10)(iii)(A) through (C) of this 
section are met, the flexible operation unit shall no longer be 
designated as an EPPU after the compliance date of the other subpart and 
shall no longer be subject to the provisions of this subpart after the 
date that the process unit is required to be in compliance with the 
provisions of the other subpart of this part to which it is subject. If 
the conditions in paragraphs (f)(10)(iii)(A) through (C) of this section 
are not met, the flexible operation unit shall continue to be considered 
an EPPU and subject to the requirements of this subpart.
    (A) The product identified in (f)(10)(ii) of this section is not an 
elastomer product; and
    (B) The production of the product identified in (f)(10)(ii) of this 
section is subject to another subpart of this part; and
    (C) The owner or operator submits a notification to the 
Administrator of the pending change in applicability.
    (g) Storage vessel ownership determination. The owner or operator 
shall follow the procedures specified in paragraphs (g)(1) through 
(g)(7) of this section to determine to which process unit a storage 
vessel shall be assigned. Paragraph (g)(8) of this section specifies 
when an owner or operator is required to redetermine to which process 
unit a storage vessel is assigned.
    (1) If a storage vessel is already subject to another subpart of 40 
CFR part 63 on September 5, 1996, that storage vessel shall be assigned 
to the process unit subject to the other subpart.
    (2) If a storage vessel is dedicated to a single process unit, the 
storage vessel shall be assigned to that process unit.
    (3) If a storage vessel is shared among process units, then the 
storage vessel shall be assigned to that process unit located on the 
same plant site as the storage vessel that has the greatest input into 
or output from the storage vessel (i.e., the process unit that has the 
predominant use of the storage vessel.)
    (4) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if only one of those process 
units is an EPPU subject to this subpart, the storage vessel shall be 
assigned to that EPPU.
    (5) If predominant use cannot be determined for a storage vessel 
that is shared among process units and if more than one of the process 
units are EPPUs that have different primary products and that are 
subject to this subpart, then the owner or operator shall assign the 
storage vessel to any one of the EPPUs sharing the storage vessel.
    (6) If the predominant use of a storage vessel varies from year to 
year, then predominant use shall be determined based on the utilization 
that occurred during the year preceding September 5, 1996 or based on 
the expected utilization for the 5 years following September 5, 1996, 
whichever is more

[[Page 606]]

representative of the expected operations for that storage vessel for 
existing affected sources, and based on the expected utilization for the 
first 5 years after initial start-up for new affected sources. The 
determination of predominant use shall be reported in the Notification 
of Compliance Status, as required by Sec. 63.506(e)(5)(vii).
    (7) Where a storage vessel is located at a major source that 
includes one or more process units which place material into, or receive 
materials from the storage vessel, but the storage vessel is located in 
a tank farm (including a marine tank farm), the applicability of this 
subpart shall be determined according to the provisions in paragraphs 
(g)(7)(i) through (g)(7)(iv) of this section.
    (i) The storage vessel may only be assigned to a process unit that 
utilizes the storage vessel and does not have an intervening storage 
vessel for that product (or raw material, as appropriate). With respect 
to any process unit, an intervening storage vessel means a storage 
vessel connected by hard-piping both to the process unit and to the 
storage vessel in the tank farm so that product or raw material entering 
or leaving the process unit flows into (or from) the intervening storage 
vessel and does not flow directly into (or from) the storage vessel in 
the tank farm.
    (ii) If there is no process unit at the major source that meets the 
criteria of paragraph (g)(7)(i) of this section with respect to a 
storage vessel, this subpart does not apply to the storage vessel.
    (iii) If there is only one process unit at the major source that 
meets the criteria of paragraph (g)(7)(i) of this section with respect 
to a storage vessel, the storage vessel shall be assigned to that 
process unit. Applicability of this subpart to the storage vessel shall 
then be determined according to the provisions of paragraph (a) of this 
section.
    (iv) If there are two or more process units at the major source that 
meet the criteria of paragraph (g)(7)(i) of this section with respect to 
a storage vessel, the storage vessel shall be assigned to one of those 
process units according to the provisions of paragraphs (g)(3) through 
(g)(6) of this section. The predominant use shall be determined among 
only those process units that meet the criteria of paragraph (g)(7)(i) 
of this section.
    (8) If the storage vessel begins receiving material from (or sending 
material to) a process unit that was not included in the initial 
determination, or ceases to receive material from (or send material to) 
a process unit that was included in the initial determination, the owner 
or operator shall reevaluate the applicability of this subpart to that 
storage vessel.
    (h) Recovery operations equipment ownership determination. The owner 
or operator shall follow the procedures specified in paragraphs (h)(1) 
through (h)(6) of this section to determine to which process unit 
recovery operations equipment shall be assigned. Paragraph (h)(7) of 
this section specifies when an owner or operator is required to 
redetermine to which process unit the recovery operations equipment is 
assigned.
    (1) If recovery operations equipment is already subject to another 
subpart of 40 CFR part 63 on September 5, 1996, that recovery operations 
equipment shall be assigned to the process unit subject to the other 
subpart.
    (2) If recovery operations equipment is dedicated to a single 
process unit, the recovery operations equipment shall be assigned to 
that process unit.
    (3) If recovery operations equipment is shared among process units, 
then the recovery operations equipment shall be assigned to that process 
unit located on the same plant site as the recovery operations equipment 
that has the greatest input into or output from the recovery operations 
equipment (i.e., that process unit has the predominant use of the 
recovery operations equipment).
    (4) If predominant use cannot be determined for recovery operations 
equipment that is shared among process units and if one of those process 
units is an EPPU subject to this subpart, the recovery operations 
equipment shall be assigned to the EPPU subject to this subpart.
    (5) If predominant use cannot be determined for recovery operation 
equipment that is shared among process units and if more than one of the 
process units are EPPUs that have different

[[Page 607]]

primary products and that are subject to this subpart, then the owner or 
operator shall assign the recovery operation equipment to any one of 
those EPPUs.
    (6) If the predominant use of recovery operations equipment varies 
from year to year, then the predominant use shall be determined based on 
the utilization that occurred during the year preceding September 5, 
1996 for existing affected sources or based on the expected utilization 
for the 5 years following September 5, 1996 for existing affected 
sources, whichever is the more representative of the expected operations 
for the recovery operations equipment, and based on the expected 
utilization for the first 5 years after initial start-up for new 
affected sources. The determination of predominant use shall be reported 
in the Notification of Compliance Status, as required by Sec. 
63.506(e)(5)(viii).
    (7) If a piece of recovery operations equipment begins receiving 
material from a process unit that was not included in the initial 
determination, or ceases to receive material from a process unit that 
was included in the initial determination, the owner or operator shall 
reevaluate the applicability of this subpart to that recovery operations 
equipment.
    (i) Changes or additions to plant sites. The provisions of 
paragraphs (i)(1) through (i)(4) of this section apply to owners or 
operators that change or add to their plant site or affected source. 
Paragraph (i)(5) provides examples of what are and are not considered 
process changes for purposes of paragraph (i) of this section. Paragraph 
(i)(6) of this section discusses reporting requirements.
    (1) Adding an EPPU to a plant site. The provisions of paragraphs 
(i)(1)(i) and (i)(1)(ii) of this section apply to owners or operators 
that add one or more EPPUs to a plant site.
    (i) If a group of one or more EPPUs that produce the same primary 
product is added to a plant site, the added group of one or more EPPUs 
and associated equipment, as listed in paragraph (a)(4) of this section, 
shall be a new affected source and shall comply with the requirements 
for a new affected source in this subpart upon initial start-up or by 
June 19, 2000, whichever is later, if the added group of one or more 
EPPUs meets the criteria in either paragraph (i)(1)(i)(A) or 
(i)(1)(i)(B) of this section, and if the criteria in either paragraph 
(i)(1)(i)(C) or (i)(1)(i)(D) of this section are met.
    (A) The construction of the group of one or more EPPUs commenced 
after June 12, 1995.
    (B) The construction or reconstruction, for process units that have 
become EPPUs, commenced after June 12, 1995.
    (C) The group of one or more EPPUs and associated equipment, as 
listed in paragraph (a)(4) of this section, has the potential to emit 10 
tons per year or more of any HAP or 25 tons per year or more of any 
combination of HAP, and the primary product of the group of one or more 
EPPUs is currently produced at the plant site as the primary product of 
an affected source; or
    (D) The primary product of the group of one or more EPPUs is not 
currently produced at the plant site as the primary product of an 
affected source, and the plant site meets, or after the addition of the 
group of one or more EPPUs and associated equipment, as listed in 
paragraph (a)(4) of this section, will meet the definition of a major 
source.
    (ii) If a group of one or more EPPUs that produce the same primary 
product is added to a plant site, and the group of one or more EPPUs 
does not meet the criteria specified in paragraph (i)(1)(i) of this 
section, and the plant site meets, or after the addition will meet, the 
definition of a major source, the group of one or more EPPUs and 
associated equipment, as listed in paragraph (a)(4) of this section, 
shall comply with the requirements for an existing affected source in 
this subpart upon initial start-up; by June 19, 2001; or by 6 months 
after notifying the Administrator that a process unit has been 
designated as an EPPU (in accordance with paragraph (f)(3)(iii) of this 
section), whichever is later.
    (2) Adding emission points or making process changes to existing 
affected sources. The provisions of paragraphs (i)(2)(i) through 
(i)(2)(ii) of this section apply to owners or operators that add 
emission points or make process changes to an existing affected source.

[[Page 608]]

    (i) If any components are replaced at an existing affected source 
such that the criteria specified in paragraphs (i)(2)(i)(A) through 
(i)(2)(i)(B) of this section are met, the entire affected source shall 
be a new affected source and shall comply with the requirements for a 
new affected source upon initial start-up or by June 19, 2000, whichever 
is later.
    (A) The replacement of components meets the definition of 
reconstruction in Sec. 63.482(b); and
    (B) Such reconstruction commenced after June 12, 1995.
    (ii) If any components are replaced at an existing affected source 
such that the criteria specified in paragraphs (i)(2)(i)(A) and 
(i)(2)(i)(B) of this section are not met and that replacement of 
components creates one or more emission points (i.e., either newly 
created Group 1 emission points or emission points that change from 
Group 2 to Group 1) or causes any other emission point to be added 
(i.e., Group 2 emission points, back-end process operations subject to 
Sec. Sec. 63.493 and 63.500, and heat exchange systems and equipment 
leak components subject to Sec. 63.502), the resulting emission 
point(s) shall be subject to the applicable requirements for an existing 
affected source. The resulting emission point(s) shall be in compliance 
by 120 days after the date of initial start-up or by the appropriate 
compliance date specified in Sec. 63.481 (i.e., July 31, 1997 for most 
equipment leak components subject to Sec. 63.502, and June 19, 2001 for 
emission points other than equipment leaks), whichever is later.
    (iii) If an addition or process change (not including a process 
change that solely replaces components) is made that creates one or more 
Group 1 emission points (i.e., either newly created Group 1 emission 
points or emission points that change group status from Group 2 to Group 
1) or causes any other emission point to be added (i.e., Group 2 
emission points, back-end process operations subject to Sec. Sec. 
63.493 through 63.500, and heat exchange systems and equipment leak 
components subject to Sec. 63.502), the resulting emission point(s) 
shall be subject to the applicable requirements for an existing affected 
source. The resulting emission point(s) shall be in compliance by 120 
days after the date of initial start-up or by the appropriate compliance 
date specified in Sec. 63.481 (i.e., July 31, 1997 for most equipment 
leak components subject to Sec. 63.502, and June 19, 2001 for emission 
points other than equipment leaks), whichever is later.
    (3) Existing affected source requirements for surge control vessels 
and bottoms receivers that become subject to subpart H requirements. If 
a process change or the addition of an emission point causes a surge 
control vessel or bottoms receiver to become subject to Sec. 63.170 
under this paragraph (i), the owner or operator shall be in compliance 
upon initial start-up or by June 19, 2001, whichever is later.
    (4) Existing affected source requirements for compressors that 
become subject to subpart H requirements. If a process change or the 
addition of an emission point causes a compressor to become subject to 
Sec. 63.164 under this paragraph (i), the owner or operator shall be in 
compliance upon initial start-up or by the compliance date for that 
compressor, as specified in Sec. 63.481(d), whichever is later.
    (5) Determining what are and are not process changes. For purposes 
of paragraph (i) of this section, examples of process changes include, 
but are not limited to, changes in feedstock type or process catalyst 
type, or whenever the replacement, removal, or addition of recovery 
equipment, or equipment changes that increase production capacity. For 
purposes of paragraph (i) of this section, process changes do not 
include: process upsets, unintentional temporary process changes, and 
changes that do not alter the equipment configuration and operating 
conditions.
    (6) Reporting requirements for owners or operators that change or 
add to their plant site or affected source. Owners or operators that 
change or add to their plant site or affected source, as discussed in 
paragraphs (i)(1) and (i)(2) of this section, shall submit a report as 
specified in Sec. 63.506(e)(7)(v).
    (j) Applicability of this subpart. Paragraphs (j)(1) through (4) of 
this section shall be followed during periods of non-operation of the 
affected source or any part thereof.

[[Page 609]]

    (1) The emission limitations set forth in this subpart and the 
emission limitations referred to in this subpart shall apply at all 
times except during periods of non-operation of the affected source (or 
specific portion thereof) resulting in cessation of the emissions to 
which this subpart applies. However, if a period of non-operation of one 
portion of an affected source does not affect the ability of a 
particular emission point to comply with the emission limitations to 
which it is subject, then that emission point shall still be required to 
comply with the applicable emission limitations of this subpart during 
the period of non-operation. For example, if there is an overpressure in 
the reactor area, a storage vessel that is part of the affected source 
would still be required to be controlled in accordance with the emission 
limitations in Sec. 63.484.
    (2) The emission limitations set forth in subpart H of this part, as 
referred to in Sec. 63.502, shall apply at all times, except during 
periods of non-operation of the affected source (or specific portion 
thereof) in which the lines are drained and depressurized, resulting in 
cessation of the emissions to which Sec. 63.502 applies.
    (3) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with this subpart during 
times when emissions (or, where applicable, wastewater streams or 
residuals) are being routed to such items of equipment if the shutdown 
would contravene requirements of this subpart applicable to such items 
of equipment.
    (4) In response to an action to enforce the standards set forth in 
this subpart, an owner or operator may assert an affirmative defense to 
a claim for civil penalties for exceedances of such standards that are 
caused by a malfunction, as defined in Sec. 63.2. Appropriate penalties 
may be assessed, however, if the owner or operator fails to meet the 
burden of proving all the requirements in the affirmative defense. The 
affirmative defense shall not be available for claims for injunctive 
relief.
    (i) To establish the affirmative defense in any action to enforce 
such a limit, the owners or operators of a facility must timely meet the 
notification requirements of paragraph (j)(4)(ii) of this section, and 
must prove by a preponderance of evidence that:
    (A) The excess emissions were caused by a sudden, infrequent, and 
unavoidable failure of air pollution control and monitoring equipment, 
or a process to operate in a normal and usual manner; and could not have 
been prevented through careful planning, proper design, or better 
operation and maintenance practices; did not stem from any activity or 
event that could have been foreseen and avoided, or planned for; and 
were not part of a recurring pattern indicative of inadequate design, 
operation, or maintenance;
    (B) Repairs were made as expeditiously as possible when the 
applicable emission limitations were being exceeded. Off-shift and 
overtime labor were used, to the extent practicable to make these 
repairs;
    (C) The frequency, amount, and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions;
    (D) If the excess emissions resulted from a bypass of control 
equipment or a process, then the bypass was unavoidable to prevent loss 
of life, personal injury, or severe property damage;
    (E) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment, and human 
health;
    (F) All emissions monitoring and control systems were kept in 
operation, if at all possible, consistent with safety and good air 
pollution control practices;
    (G) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs;
    (H) At all times, the facility was operated in a manner consistent 
with good practices for minimizing emissions; and
    (I) The owner or operator has prepared a written root cause 
analysis, the purpose of which is to determine, correct, and eliminate 
the primary causes of the malfunction and the excess emissions resulting 
from the malfunction event at issue. The analysis

[[Page 610]]

shall also specify, using the best monitoring methods and engineering 
judgment, the amount of excess emissions that were the result of the 
malfunction.
    (ii) Notification. The owner or operator of the facility 
experiencing an exceedance of its emission limit(s) during a malfunction 
shall notify the Administrator by telephone or facsimile (FAX) 
transmission as soon as possible, but no later than 2 business days 
after the initial occurrence of the malfunction, if it wishes to avail 
itself of an affirmative defense to civil penalties for that 
malfunction. The owner or operator seeking to assert an affirmative 
defense shall also submit a written report to the Administrator within 
45 days of the initial occurrence of the exceedance of the standard in 
this subpart to demonstrate, with all necessary supporting 
documentation, that it has met the requirements set forth in paragraph 
(j)(4)(i) of this section. The owner or operator may seek an extension 
of this deadline for up to 30 additional days by submitting a written 
request to the Administrator before the expiration of the 45 day period. 
Until a request for an extension has been approved by the Administrator, 
the owner or operator is subject to the requirement to submit such 
report within 45 days of the initial occurrence of the exceedance.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38036, June 19, 2000; 
66 FR 36927, July 16, 2001; 71 FR 20456, Apr. 20, 2006; 76 FR 22586, 
Apr. 21, 2011]



Sec. 63.481  Compliance dates and relationship of this subpart to existing 

applicable rules.

    (a) Affected sources are required to achieve compliance on or before 
the dates specified in paragraphs (b) through (d) of this section. 
Paragraph (e) of this section provides information on requesting 
compliance extensions. Paragraphs (f) through (l) of this section 
discuss the relationship of this subpart to subpart A and to other 
applicable rules. Where an override of another authority of the Act is 
indicated in this subpart, only compliance with the provisions of this 
subpart is required. Paragraph (m) of this section specifies the meaning 
of time periods.
    (b) New affected sources that commence construction or 
reconstruction after June 12, 1995 shall be in compliance with this 
subpart upon initial start-up or by June 19, 2000, whichever is later.
    (c) With the exceptions provided in paragraphs (c)(1) through (3) of 
this section, existing affected sources shall be in compliance with this 
subpart no later than June 19, 2001, as provided in Sec. 63.6(c), 
unless an extension has been granted as specified in paragraph (e) of 
this section.
    (1) Existing affected sources producing epichlorohydrin elastomer, 
butyl rubber, neoprene rubber, and nitrile butadiene rubber shall be in 
compliance with the applicable emission limitation in Sec. 63.494(a)(4) 
no later than April 23, 2012.
    (2) Existing affected sources producing butyl rubber and ethylene 
propylene rubber shall be in compliance with Sec. 63.485(q)(1) no later 
than April 23, 2012.
    (3) Compliance with Sec. 63.502 is covered by paragraph (d) of this 
section.
    (d) Except as provided for in paragraphs (d)(1) through (d)(6) of 
this section, existing affected sources shall be in compliance with 
Sec. 63.502 no later than July 31, 1997, unless an extension has been 
granted pursuant to paragraph (e) of this section.
    (1) Compliance with the compressor provisions of Sec. 63.164 shall 
occur no later than September 5, 1997 for any compressor meeting one or 
more of the criteria in paragraphs (d)(1)(i) through (d)(1)(iv) of this 
section, if the work can be accomplished without a process unit 
shutdown, as defined in Sec. 63.161.
    (i) The seal system will be replaced;
    (ii) A barrier fluid system will be installed;
    (iii) A new barrier fluid will be utilized which requires changes to 
the existing barrier fluid system; or
    (iv) The compressor will be modified to permit connecting the 
compressor to a fuel gas system or closed vent system, or be modified so 
that emissions from the compressor can be routed to a process.
    (2) Compliance with the compressor provisions of Sec. 63.164 shall 
occur no later than March 5, 1998, for any compressor meeting all the 
criteria in

[[Page 611]]

paragraphs (d)(2)(i) through (d)(2)(iv) of this section.
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (d)(1)(i) through (d)(1)(iv) of this section;
    (ii) The work can be accomplished without a process unit shutdown as 
defined in Sec. 63.161;
    (iii) The additional time is actually necessary, due to the 
unavailability of parts beyond the control of the owner or operator; and
    (iv) The owner or operator submits the request for a compliance 
extension to the appropriate U.S. Environmental Protection Agency (EPA) 
Regional Office at the address listed in Sec. 63.13 no later than 45 
days before the compliance date. The request for a compliance extension 
shall contain the information specified in Sec. 63.6(i)(6)(i)(A), (B), 
and (D). Unless the EPA Regional Office objects to the request for a 
compliance extension within 30 days after receipt of the request, the 
request shall be deemed approved.
    (3) If compliance with the compressor provisions of Sec. 63.164 
cannot reasonably be achieved without a process unit shutdown, the owner 
or operator shall achieve compliance no later than September 5, 1998. 
The owner or operator who elects to use this provision shall submit a 
request for an extension of compliance in accordance with the 
requirements of paragraph (d)(2)(iv) of this section.
    (4) Compliance with the compressor provisions of Sec. 63.164 shall 
occur no later than September 5, 1999 for any compressor meeting one or 
more of the criteria in paragraphs (d)(4)(i) through (d)(4)(iii) of this 
section. The owner or operator who elects to use these provisions shall 
submit a request for an extension of compliance in accordance with the 
requirements of paragraph (d)(2)(iv) of this section.
    (i) Compliance cannot be achieved without replacing the compressor;
    (ii) Compliance cannot be achieved without recasting the distance 
piece; or
    (iii) Design modifications are required to connect to a closed-vent 
or recovery system.
    (5) Compliance with the surge control vessel and bottoms receiver 
provisions of Sec. 63.170 shall occur no later than June 19, 2001.
    (6) Compliance with the heat exchange system provisions of Sec. 
63.104 shall occur no later than June 19, 2001.
    (e) Pursuant to section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing the existing affected source 
up to 1 additional year to comply with section 112(d) standards. For 
purposes of this subpart, a request for an extension shall be submitted 
to the permitting authority as part of the operating permit application, 
or to the Administrator as a separate submittal or as part of the 
Precompliance Report. Requests for extensions shall be submitted no 
later than 120 days prior to the compliance dates specified in 
paragraphs (b) through (d) of this section, or as specified elsewhere in 
this subpart, except as provided in paragraph (e)(3) of this section. 
The dates specified in Sec. 63.6(i) for submittal of requests for 
extensions shall not apply to this subpart.
    (1) A request for an extension of compliance shall include the data 
described in Sec. 63.6(i)(6)(i)(A), (B), and (D).
    (2) The requirements in Sec. Sec. 63.6(i)(8) through 63.6(i)(14) 
shall govern the review and approval of requests for extensions of 
compliance with this subpart.
    (3) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (e) of this section, provided that 
the need for the compliance extension arose after that date, and the 
need arose due to circumstances beyond reasonable control of the owner 
or operator. This request shall include, in addition to the information 
specified in paragraph (e)(1) of this section, a statement of the 
reasons additional time is needed and the date when the owner or 
operator first learned of the circumstances necessitating a request for 
a compliance extension under this paragraph (e)(3).
    (f) Table 1 of this subpart specifies the provisions of subpart A 
that apply and those that do not apply to owners and operators of 
affected sources subject to this subpart. For the purposes of this 
subpart, Table 3 of subpart F is not applicable.
    (g) Table 2 of this subpart summarizes the provisions of subparts F, 
G,

[[Page 612]]

and H that apply and those that do not apply to owners and operators of 
affected sources subject to this subpart.
    (h)(1) After the compliance dates specified in this section, an 
affected source subject to this subpart that is also subject to the 
provisions of 40 CFR part 63, subpart I, is required to comply only with 
the provisions of this subpart.
    (2) Sources subject to 40 CFR part 63, subpart I that have elected 
to comply through a quality improvement program, as specified in Sec. 
63.175 or Sec. 63.176 or both, may elect to continue these programs 
without interruption as a means of complying with this subpart. In other 
words, becoming subject to this subpart does not restart or reset the 
``compliance clock'' as it relates to reduced burden earned through a 
quality improvement program.
    (i) After the compliance dates specified in this section, a storage 
vessel that is assigned to an affected source subject to this subpart 
and that is also subject to the provisions of 40 CFR part 60, subpart Kb 
is required to comply only with the provisions of this subpart. After 
the compliance dates specified in this section, that storage vessel 
shall no longer be subject to 40 CFR part 60, subpart Kb.
    (j) After the compliance dates specified in this section, an 
affected source subject to this subpart that is also subject to the 
provisions of 40 CFR part 60, subpart VV, is required to comply only 
with the provisions of this subpart. After the compliance dates 
specified in this section, the source shall no longer be subject to 40 
CFR part 60, subpart VV.
    (k) Applicability of other regulations for monitoring, recordkeeping 
or reporting with respect to combustion devices, recovery devices, or 
recapture devices. After the compliance dates specified in this subpart, 
if any combustion device, recovery device or recapture device subject to 
this subpart is also subject to monitoring, recordkeeping, and reporting 
requirements in 40 CFR part 264 subpart AA or CC, or is subject to 
monitoring and recordkeeping requirements in 40 CFR part 265 subpart AA 
or CC and the owner or operator complies with the periodic reporting 
requirements under 40 CFR part 264 subpart AA or CC that would apply to 
the device if the facility had final-permitted status, the owner or 
operator may elect to comply either with the monitoring, recordkeeping 
and reporting requirements of this subpart, or with the monitoring, 
recordkeeping and reporting requirements in 40 CFR parts 264 and/or 265, 
as described in this paragraph, which shall constitute compliance with 
the monitoring, recordkeeping and reporting requirements of this 
subpart. The owner or operator shall identify which option has been 
selected in the Notification of Compliance Status required by Sec. 
63.506(e)(5).
    (l) Applicability of other requirements for heat exchange systems or 
waste management units. Paragraphs (l)(1) and (l)(2) of this section 
address instances in which certain requirements from other regulations 
also apply for the same heat exchange system(s) or waste management 
unit(s) that are subject to this subpart.
    (1) After the applicable compliance date specified in this subpart, 
if a heat exchange system subject to this subpart is also subject to a 
standard identified in paragraphs (l)(1)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraphs (l)(1)(i) or (ii) of this section shall constitute compliance 
with the applicable provisions of this subpart with respect to that heat 
exchange system.
    (i) Subpart F of this part.
    (ii) A subpart of this part which requires compliance with Sec. 
63.104 (e.g., subpart JJJ of this part).
    (2) After the applicable compliance date specified in this subpart, 
if any waste management unit subject to this subpart is also subject to 
a standard identified in paragraph (l)(2)(i) or (ii) of this section, 
compliance with the applicable provisions of the standard identified in 
paragraph (l)(2)(i) or (ii) of this section shall constitute compliance 
with the applicable provisions of this subpart with respect to that 
waste management unit.
    (i) Subpart G of this part.
    (ii) A subpart of this part which requires compliance with 
Sec. Sec. 63.132 through 63.147 (e.g., subpart JJJ of this part).

[[Page 613]]

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

[62 FR 46925, Sept. 5, 1996, as amended at 62 FR 1837, Jan. 14, 1997; 64 
FR 11542, Mar. 9, 1999; 64 FR 35028, June 30, 1999; 65 FR 38042, June 
19, 2000; 76 FR 22587, Apr. 21, 2011]



Sec. 63.482  Definitions.

    (a) The following terms used in this subpart shall have the meaning 
given them in Sec. 63.2, Sec. 63.101, Sec. 63.111, Sec. 63.161, or 
the Act, as specified after each term:

Act (Sec. 63.2)
Administrator (Sec. 63.2)
Automated monitoring and recording system (Sec. 63.111)
Boiler (Sec. 63.111)
Bottoms receiver (Sec. 63.161)
By compound (Sec. 63.111)
By-product (Sec. 63.101)
Car-seal (Sec. 63.111)
Closed-vent system (Sec. 63.111)
Combustion device (Sec. 63.111)
Commenced (Sec. 63.2)
Compliance date (Sec. 63.2)
Connector (Sec. 63.161)
Continuous monitoring system (Sec. 63.2)
Distillation unit (Sec. 63.111)
Duct work (Sec. 63.161)
Emission limitation (Section 302(k) of the Act)
Emission standard (Sec. 63.2)
Emissions averaging (Sec. 63.2)
EPA (Sec. 63.2)
Equipment leak (Sec. 63.101)
External floating roof (Sec. 63.111)
Fill or filling (Sec. 63.111)
Fixed capital cost (Sec. 63.2)
Flame zone (Sec. 63.111)
Floating roof (Sec. 63.111)
Flow indicator (Sec. 63.111)
Fuel gas system (Sec. 63.101)
Halogens and hydrogen halides (Sec. 63.111)
Hard-piping (Sec. 63.111)
Hazardous air pollutant (Sec. 63.2)
Heat exchange system (Sec. 63.101)
Impurity (Sec. 63.101)
Incinerator (Sec. 63.111)
In organic hazardous air pollutant service or in organic HAP service 
(Sec. 63.161)
Instrumentation system (Sec. 63.161)
Internal floating roof (Sec. 63.111)
Lesser quantity (Sec. 63.2)
Major source (Sec. 63.2)
Malfunction (Sec. 63.2)
Oil-water separator or organic-water separator (Sec. 63.111)
Open-ended valve or line (Sec. 63.161)
Operating permit (Sec. 63.101)
Organic monitoring device (Sec. 63.111)
Owner or operator (Sec. 63.2)
Performance evaluation (Sec. 63.2)
Performance test (Sec. 63.2)
Permitting authority (Sec. 63.2)
Plant site (Sec. 63.101)
Potential to emit (Sec. 63.2)
Pressure release (Sec. 63.161)
Primary fuel (Sec. 63.111)
Process heater (Sec. 63.111)
Process unit shutdown (Sec. 63.161)
Process wastewater (Sec. 63.101)
Process wastewater stream (Sec. 63.111)

[[Page 614]]

Reactor (Sec. 63.111)
Recapture device (Sec. 63.101)
Repaired (Sec. 63.161)
Research and development facility (Sec. 63.101)
Routed to a process or route to a process (Sec. 63.161)
Run (Sec. 63.2)
Secondary fuel (Sec. 63.111)
Sensor (Sec. 63.161)
Specific gravity monitoring device (Sec. 63.111)
Start-up, shutdown, and malfunction plan (Sec. 63.101)
State (Sec. 63.2)
Stationary Source (Sec. 63.2)
Surge control vessel (Sec. 63.161)
Temperature monitoring device (Sec. 63.111)
Test method (Sec. 63.2)
Treatment process (Sec. 63.111)
Unit operation (Sec. 63.101)
Visible emission (Sec. 63.2)

    (b) All other terms used in this subpart shall have the meaning 
given them in this section. If a term is defined in a subpart referenced 
above and in this section, it shall have the meaning given in this 
section for purposes of this subpart.
    Affected source is defined in Sec. 63.480(a).
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or a defense put forward by a defendant, 
regarding which the defendant has the burden of proof, and the merits of 
which are independently and objectively evaluated in a judicial or 
administrative proceeding.
    Aggregate batch vent stream means a gaseous emission stream 
containing only the exhausts from two or more batch front-end process 
vents that are ducted, hard-piped, or otherwise connected together for a 
continuous flow.
    Annual average batch vent concentration is determined using Equation 
17, as described in Sec. 63.488(h)(2) for halogenated compounds.
    Annual average batch vent flow rate is determined by the procedures 
in Sec. 63.488(e)(3).
    Annual average concentration, as used in the wastewater provisions, 
means the flow-weighted annual average concentration, as determined 
according to the procedures specified in Sec. 63.144(b), with the 
exceptions noted in Sec. 63.501, for the purposes of this subpart.
    Annual average flow rate, as used in the wastewater provisions, 
means the annual average flow rate, as determined according to the 
procedures specified in Sec. 63.144(c), with the exceptions noted in 
Sec. 63.501, for the purposes of this subpart.
    Average batch vent concentration is determined by the procedures in 
Sec. 63.488(b)(5)(iii) for HAP concentrations and is determined by the 
procedures in Sec. 63.488(h)(1)(iii) for organic compounds containing 
halogens and hydrogen halides.
    Average batch vent flow rate is determined by the procedures in 
Sec. 63.488(e)(1) and (e)(2).
    Back-end refers to the unit operations in an EPPU following the 
stripping operations. Back-end process operations include, but are not 
limited to, filtering, coagulation, blending, concentration, drying, 
separating, and other finishing operations, as well as latex and crumb 
storage. Back-end does not include storage and loading of finished 
product or emission points that are regulated under Sec. Sec. 63.484, 
63.501, or 63.502 of this subpart.
    Batch cycle means the operational step or steps, from start to 
finish, that occur as part of a batch unit operation.
    Batch emission episode means a discrete emission venting episode 
associated with a single batch unit operation. Multiple batch emission 
episodes may occur from a single batch unit operation.
    Batch front-end process vent means a process vent with annual 
organic HAP emissions greater than 225 kilograms per year from a batch 
unit operation within an affected source and located in the front-end of 
a process unit. Annual organic HAP emissions are determined as specified 
in Sec. 63.488(b) at the location specified in Sec. 63.488(a)(2).
    Batch mass input limitation means an enforceable restriction on the 
total mass of HAP or material that can be input to a batch unit 
operation in one year.
    Batch mode means the discontinuous bulk movement of material through 
a unit operation. Mass, temperature, concentration, and other properties 
may vary with time. For a unit operation operated in a batch mode (i.e., 
batch unit operation), the addition of material and withdrawal of 
material do not typically occur simultaneously.
    Batch process means, for the purposes of this subpart, a process 
where the reactor(s) is operated in a batch mode.

[[Page 615]]

    Batch unit operation means a unit operation operated in a batch 
mode.
    Block polymer means a polymer where the polymerization is 
controlled, usually by performing discrete polymerization steps, such 
that the final polymer is arranged in a distinct pattern of repeating 
units of the same monomer.
    Butyl rubber means a copolymer of isobutylene and other monomers. 
Typical other monomers include isoprene and methylstyrene. A typical 
composition of butyl rubber is approximately 85- to 99-percent 
isobutylene, and 1- to 15-percent other monomers. Most butyl rubber is 
produced by precipitation polymerization, although other methods may be 
used. Halobutyl rubber is a type of butyl rubber elastomer produced 
using halogenated copolymers.
    Combined vent stream, as used in reference to batch front-end 
process vents, continuous front-end process vents, and aggregate batch 
vent streams, means the emissions from a combination of two or more of 
the aforementioned types of process vents. The primary occurrence of a 
combined vent stream is as combined emissions from a continuous front-
end process vent and a batch front-end process vent.
    Combustion device burner means a device designed to mix and ignite 
fuel and air to provide a flame to heat and oxidize waste organic vapors 
in a combustion device.
    Compounding unit means a unit operation which blends, melts, and 
resolidifies solid polymers for the purpose of incorporating additives, 
colorants, or stabilizers into the final elastomer product. A unit 
operation whose primary purpose is to remove residual monomers from 
polymers is not a compounding unit.
    Construction means the on-site fabrication, erection, or 
installation of an affected source. Construction also means the on-site 
fabrication, erection, or installation of a process unit or combination 
of process units which subsequently becomes an affected source or part 
of an affected source, due to a change in primary product.
    Continuous front-end process vent means a process vent located in 
the front-end of a process unit and containing greater than 0.005 weight 
percent total organic HAP from a continuous unit operation within an 
affected source. The total organic HAP weight percent is determined 
after the last recovery device, as described in Sec. 63.115(a), and is 
determined as specified in Sec. 63.115(c).
    Continuous mode means the continuous movement of material through a 
unit operation. Mass, temperature, concentration, and other properties 
typically approach steady-state conditions. For a unit operation 
operated in a continuous mode (i.e., continuous unit operation), the 
simultaneous addition of raw material and withdrawal of product is 
typical.
    Continuous process means, for the purposes of this subpart, a 
process where the reactor(s) is operated in a continuous mode.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec. 63.506(d) or 
(h).
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 1--hour or more frequent block average values.
    Continuous unit operation means a unit operation operated in a 
continuous mode.
    Control device is defined in Sec. 63.111, except that the term 
``continuous front-end process vent'' shall apply instead of the term 
``process vent,'' for the purpose of this subpart.
    Crumb rubber dry weight means the weight of the polymer, minus the 
weight of water and residual organics.
    Drawing unit means a unit operation which converts polymer into a 
different shape by melting or mixing the polymer and then pulling it 
through an orifice to create a continuously extruded product.
    Elastomer means any polymer having a glass transition temperature 
lower than -10 [deg]C, or a glass transition temperature between -10 
[deg]C and 25 [deg]C that is capable of undergoing deformation 
(stretching) of several hundred percent and recovering essentially when 
the stress is removed. For the purposes of

[[Page 616]]

this subpart, resins are not considered to be elastomers.
    Elastomer product means one of the following types of products, as 
they are defined in this section:
    (1) Butyl Rubber;
    (2) Epichlorohydrin Elastomer;
    (3) Ethylene Propylene Rubber;
    (4) Hypalon TM;
    (5) Neoprene;
    (6) Nitrile Butadiene Rubber;
    (7) Nitrile Butadiene Latex;
    (8) Polybutadiene Rubber/Styrene Butadiene Rubber by Solution;
    (9) Polysulfide Rubber;
    (10) Styrene Butadiene Rubber by Emulsion; and
    (11) Styrene Butadiene Latex.
    Elastomer product process unit (EPPU) means a collection of 
equipment assembled and connected by hard-piping or duct work, used to 
process raw materials and to manufacture an elastomer product as its 
primary product. This collection of equipment includes unit operations; 
recovery operations equipment; process vents; storage vessels, as 
determined in Sec. 63.480(g); equipment that is identified in Sec. 
63.149; and the equipment that is subject to the equipment leak 
provisions as specified in Sec. 63.502. Utilities, lines and equipment 
not containing process fluids, and other non-process lines, such as 
heating and cooling systems which do not combine their materials with 
those in the processes they serve, are not part of an elastomer product 
process unit. An elastomer product process unit consists of more than 
one unit operation.
    Elastomer type means one of the elastomers listed under ``elastomer 
product'' in this section. Each elastomer identified in that definition 
represents a different elastomer type.
    Emission point means an individual continuous front-end process 
vent, batch front-end process vent, back-end process vent, storage 
vessel, waste management unit, heat exchange system, or equipment leak, 
or equipment subject to Sec. 63.149.
    Emulsion process means a process where the monomer(s) is dispersed 
in droplets throughout a water phase, with the aid of an emulsifying 
agent such as soap or a synthetic emulsifier. The polymerization occurs 
either within the emulsion droplet or in the aqueous phase.
    Epichlorohydrin elastomer means an elastomer formed from the 
polymerization or copolymerization of epichlorohydrin (EPI). The main 
epichlorohydrin elastomers are polyepichlorohydrin, epi-ethylene oxide 
(EO) copolymer, epi-allyl glycidyl ether (AGE) copolymer, and epi-EO-AGE 
terpolymer. Epoxies produced by the copolymerization of EPI and 
bisphenol A are not epichlorohydrin elastomers.
    Equipment means, for the purposes of the provisions in Sec. 
63.502(a) through (m) and the requirements in subpart H that are 
referred to in Sec. 63.502(a) through (m), each pump, compressor, 
agitator, pressure relief device, sampling connection system, open-ended 
valve or line, valve, connector, surge control vessel, bottoms receiver, 
and instrumentation system in organic hazardous air pollutant service; 
and any control devices or systems required by subpart H of this part.
    Ethylene-propylene rubber means an ethylene-propylene copolymer or 
an ethylene-propylene terpolymer. Ethylene-propylene copolymers (EPM) 
result from the polymerization of ethylene and propylene and contain a 
saturated chain of the polymethylene type. Ethylene-propylene 
terpolymers (EPDM) are produced in a similar manner as EPM, except that 
a third monomer is added to the reaction sequence. Typical third 
monomers include ethylidene norbornene, 1,4-hexadiene, or 
dicyclopentadiene. Ethylidene norbornene is the most commonly used. The 
production process includes, but is not limited to, polymerization, 
recycle, recovery, and packaging operations. The polymerization reaction 
may occur in either a solution process or a suspension process.
    Existing affected source is defined in Sec. 63.480(a)(3).
    Existing process unit means any process unit that is not a new 
process unit.
    Extruding unit means a unit operation which converts polymer into a 
different shape by melting or mixing the polymer and then forcing it 
through an orifice to create a continuously extruded product.

[[Page 617]]

    Flexible operation unit means a process unit that manufactures 
different chemical products, polymers, or resins periodically by 
alternating raw materials or operating conditions. These units are also 
referred to as campaign plants or blocked operations.
    Front-end refers to the unit operations in an EPPU prior to, and 
including, the stripping operations. For all gas-phased reaction 
processes, all unit operations are considered to be front-end.
    Gas-phased reaction process means an elastomer production process 
where the reaction occurs in a gas phase, fluidized bed.
    Glass transition temperature means the temperature at which an 
elastomer polymer becomes rigid and brittle.
    Grade means a group of recipes of an elastomer type having similar 
characteristics such as molecular weight, monomer composition, 
significant mooney values, and the presence or absence of extender oil 
and/or carbon black. More than one recipe may be used to produce the 
same grade.
    Group 1 batch front-end process vent means a batch front-end process 
vent releasing annual organic HAP emissions greater than or equal to 
11,800 kg/yr and with a cutoff flow rate, calculated in accordance with 
Sec. 63.488(f), greater than or equal to the annual average batch vent 
flow rate. Annual organic HAP emissions and annual average batch vent 
flow rate are determined at the exit of the batch unit operation, as 
described in Sec. 63.488(a)(2). Annual organic HAP emissions are 
determined as specified in Sec. 63.488(b), and annual average batch 
vent flow rate is determined as specified in Sec. 63.488(e).
    Group 2 batch front-end process vent means a batch front-end process 
vent that does not fall within the definition of a Group 1 batch front-
end process vent.
    Group 1 continuous front-end process vent means a continuous front-
end process vent for which the flow rate is greater than or equal to 
0.005 standard cubic meter per minute, the total organic HAP 
concentration is greater than or equal to 50 parts per million by 
volume, and the total resource effectiveness index value, calculated 
according to Sec. 63.115, is less than or equal to 1.0.
    Group 2 continuous front-end process vent means a continuous front-
end process vent for which the flow rate is less than 0.005 standard 
cubic meter per minute, the total organic HAP concentration is less than 
50 parts per million by volume, or the total resource effectiveness 
index value, calculated according to Sec. 63.115, is greater than 1.0.
    Group 1 storage vessel means a storage vessel at an existing 
affected source that meets the applicability criteria specified in Table 
3 of this subpart, or a storage vessel at a new affected source that 
meets the applicability criteria specified in Table 4 of this subpart.
    Group 2 storage vessel means a storage vessel that does not fall 
within the definition of a Group 1 storage vessel.
    Group 1 wastewater stream means a wastewater stream consisting of 
process wastewater from an existing or new affected source that meets 
the criteria for Group 1 status in Sec. 63.132(c), with the exceptions 
listed in Sec. 63.501(a)(10) for the purposes of this subpart (i.e., 
for organic HAP as defined in this section).
    Group 2 wastewater stream means any process wastewater stream that 
does not meet the definition of a Group 1 wastewater stream.
    Halogenated aggregate batch vent stream means an aggregate batch 
vent stream determined to have a total mass emission rate of halogen 
atoms contained in organic compounds of 3,750 kg/yr or greater 
determined by the Procedures presented in Sec. 63.488(h).
    Halogenated batch front-end process vent means a batch front-end 
process vent determined to have a mass emission rate of halogen atoms 
contained in organic compounds of 3,750 kg/yr or greater determined by 
the procedures presented in Sec. 63.488(h).
    Halogenated continuous front-end process vent means a continuous 
front-end process vent determined to have a mass emission rate of 
halogen atoms contained in organic compounds of 0.45 kg/hr or greater 
determined by the procedures presented in Sec. 63.115(d)(2)(v).
    High conversion latex means a latex where all monomers are reacted 
to at least 95 percent conversion.

[[Page 618]]

    Highest-HAP recipe for a product means the recipe of the product 
with the highest total mass of HAP charged to the reactor during the 
production of a single batch of product.
    Hypalon \TM\ means a chlorosulfonated polyethylene that is a 
synthetic rubber produced for uses such as wire and cable insulation, 
shoe soles and heels, automotive components, and building products.
    Initial start-up means the first time a new or reconstructed 
affected source begins production of an elastomer product, or, for 
equipment added or changed as described in Sec. 63.480(i), the first 
time the equipment is put into operation to produce an elastomer 
product. Initial start-up does not include operation solely for testing 
equipment. Initial start-up does not include subsequent start-ups of an 
affected source or portion thereof following shutdowns, or following 
changes in product for flexible operation units, or following recharging 
of equipment in batch operation.
    Latex means a colloidal aqueous emulsion of elastomer. A latex may 
be further processed into finished products by direct use as a coating 
or as a foam, or it may be precipitated to separate the rubber 
particles, which are then used in dry state to prepare finished 
products.
    Latex weight includes the weight of the polymer and the weight of 
the water solution.
    Maintenance wastewater is defined in Sec. 63.101, except that the 
term ``elastomer product process unit'' shall apply whenever the term 
``chemical manufacturing process unit'' is used. Further, the generation 
of wastewater from the routine rinsing or washing of equipment in batch 
operation between batches is not maintenance wastewater, but is 
considered to be process wastewater, for the purposes of this subpart.
    Maximum true vapor pressure is defined in Sec. 63.111, except that 
the terms ``transfer'' and ``transferred'' shall not apply for the 
purposes of this subpart.
    Multicomponent system means, as used in conjunction with batch 
front-end process vents, a stream whose liquid and/or vapor contains 
more than one compound.
    Neoprene means a polymer of chloroprene (2-chloro-1,3-butadiene). 
The free radical emulsion process is generally used to produce neoprene, 
although other methods may be used.
    New process unit means a process unit for which the construction or 
reconstruction commenced after June 12, 1995.
    Nitrile butadiene latex means a polymer consisting primarily of 
unsaturated nitriles and dienes, usually acrylonitrile and 1,3-
butadiene, that is sold as a latex.
    Nitrile butadiene rubber means a polymer consisting primarily of 
unsaturated nitriles and dienes, usually acrylonitrile and 1,3-
butadiene, not including nitrile butadiene latex.
    On-site or on site means, with respect to records required to be 
maintained by this subpart or required by another subpart referenced by 
this subpart, that records are stored at a location within a major 
source which encompasses the affected source. On-site includes, but is 
not limited to, storage at the affected source or EPPU to which the 
records pertain, or storage in central files elsewhere at the major 
source.
    Operating day means the period defined by the owner or operator in 
the Notification of Compliance Status required by Sec. 63.506(e)(5). 
The operating day is the period for which daily average monitoring 
values and batch cycle daily average monitoring values are determined.
    Organic hazardous air pollutant(s) (organic HAP) means one or more 
of the chemicals listed in Table 5 of this subpart or any other chemical 
which:
    (1) Is knowingly produced or introduced into the manufacturing 
process other than as an impurity; and
    (2) Is listed in Table 2 of subpart F of this part.
    Polybutadiene rubber by solution means a polymer of 1,3-butadiene 
produced using a solution process.
    Polysulfide rubber means a polymer produced by reacting sodium 
polysulfide and chloroethyl formal. Polysulfide rubber may be produced 
as latexes or solid product.
    Primary product is defined in and determined by the procedures 
specified in Sec. 63.480(f).

[[Page 619]]

    Process section means the equipment designed to accomplish a general 
but well-defined task in polymers production. Process sections include 
raw materials preparation, polymerization reaction, and material 
recovery. A process section may be dedicated to a single EPPU or may be 
common to more than one EPPU.
    Process unit means a collection of equipment assembled and connected 
by hard-piping or duct work, used to process raw materials and to 
manufacture a product.
    Process vent means a gaseous emission stream from a unit operation 
that is discharged to the atmosphere either directly or after passing 
through one or more control, recovery, or recapture devices. Unit 
operations that may have process vents are condensers, distillation 
units, reactors, or other unit operations within the EPPU. Process vents 
exclude pressure releases, gaseous streams routed to a fuel gas 
system(s), and leaks from equipment regulated under Sec. 63.502. A 
gaseous emission stream is no longer considered to be a process vent 
after the stream has been controlled and monitored in accordance with 
the applicable provisions of this subpart.
    Product means a polymer produced using the same monomers, and 
varying in additives (e.g., initiators, terminators, etc.); catalysts; 
or in the relative proportions of monomers, that is manufactured by a 
process unit. With respect to polymers, more than one recipe may be used 
to produce the same product, and there can be more than one grade of a 
product. As an example, styrene butadiene latex and butyl rubber each 
represent a different product. Product also means a chemical that is not 
a polymer, is manufactured by a process unit. By-products, isolated 
intermediates, impurities, wastes, and trace contaminants are not 
considered products.
    Recipe means a specific composition, from among the range of 
possible compositions that may occur within a product, as defined in 
this section. A recipe is determined by the proportions of monomers and, 
if present, other reactants and additives that are used to make the 
recipe. For example, styrene butadiene latex without additives; styrene 
butadiene latex with an additive; and styrene butadiene latex with 
different proportions of styrene to butadiene are all different recipes 
of the same product, styrene butadiene latex.
    Reconstruction means the replacement of components of an affected 
source or of a previously unaffected stationary source that becomes an 
affected source as a result of the replacement, to such an extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable new source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the provisions of this subpart.
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable new affected source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the provisions of this subpart.
    Recovery device means:
    (1) An individual unit of equipment capable of and normally used for 
the purpose of recovering chemicals for:
    (i) Use;
    (ii) Reuse;
    (iii) Fuel value (i.e., net heating value); or
    (iv) For sale for use, reuse, or fuel value (i.e., net heating 
value).
    (2) Examples of equipment that may be recovery devices include 
absorbers, carbon adsorbers, condensers, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin film evaporation units. For the purposes of the 
monitoring, recordkeeping, or reporting requirements of this subpart, 
recapture devices are considered recovery devices.
    Recovery operations equipment means the equipment used to separate 
the components of process streams. Recovery operations equipment 
includes distillation units, condensers, etc. Equipment used for 
wastewater treatment and recovery or recapture devices used as control 
devices shall not be considered recovery operations equipment.

[[Page 620]]

    Residual is defined in Sec. 63.111, except that when the definition 
in Sec. 63.111 uses the term ``Table 9 compounds,'' the term ``organic 
HAP listed in Table 5 of subpart U of this part'' shall apply, for the 
purposes of this subpart.
    Resin, for the purposes of this subpart, means a polymer with the 
following characteristics:
    (1) The polymer is a block polymer;
    (2) The manufactured polymer does not require vulcanization to make 
useful products;
    (3) The polymer production process is operated to achieve at least 
99 percent monomer conversion; and
    (4) The polymer process unit does not recycle unreacted monomer back 
to the process.
    Shutdown means for purposes including, but not limited to, periodic 
maintenance, replacement of equipment, or repair, the cessation of 
operation of an affected source, an EPPU within an affected source, a 
waste management unit or unit operation within an affected source, or 
equipment required or used to comply with this subpart, or the emptying 
or degassing of a storage vessel. For purposes of the wastewater 
provisions of Sec. 63.501, shutdown does not include the routine 
rinsing or washing of equipment in batch operation between batches. For 
purposes of the batch front-end process vent provisions in Sec. Sec. 
63.486 through 63.492, the cessation of equipment in batch operation is 
not a shutdown, unless the equipment undergoes maintenance, is replaced, 
or is repaired.
    Solution process means a process where both the monomers and the 
resulting polymers are dissolved in an organic solvent.
    Start-up means the setting into operation of an affected source, an 
EPPU within the affected source, a waste management unit or unit 
operation within an affected source, or equipment required or used to 
comply with this subpart, or a storage vessel after emptying and 
degassing. For both continuous and batch front-end processes, start-up 
includes initial start-up and operation solely for testing equipment. 
For both continuous and batch front-end processes, start-up does not 
include the recharging of equipment in batch operation. For continuous 
front-end processes, start-up includes transitional conditions due to 
changes in product for flexible operation units. For batch front-end 
processes, start-up does not include transitional conditions due to 
changes in product for flexible operation units.
    Steady-state conditions means that all variables (temperatures, 
pressures, volumes, flow rates, etc.) in a process do not vary 
significantly with time; minor fluctuations about constant mean values 
may occur.
    Storage vessel means a tank or other vessel that is used to store 
liquids that contain one or more organic HAP. Storage vessels do not 
include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 38 cubic meters;
    (4) Vessels and equipment storing and/or handling material that 
contains no organic HAP, or organic HAP as impurities only;
    (5) Surge control vessels and bottoms receivers; and
    (6) Wastewater storage tanks.
    Stripper means a unit operation where stripping occurs.
    Stripping means the removal of organic compounds from a raw 
elastomer product. In the production of an elastomer, stripping is a 
discrete step that occurs after the reactors and before the dryers 
(other than those dryers with a primary purpose of devolitalization) and 
other finishing operations. Examples of types of stripping include steam 
stripping, direct volatilization, chemical stripping, and other methods 
of devolatilization. For the purposes of this subpart, devolatilization 
that occurs in dryers (other than those dryers with a primary purpose of 
devolitalization), extruders, and other finishing operations is not 
stripping.
    Styrene butadiene latex means a polymer consisting primarily of 
styrene and butadiene monomer units produced using an emulsion process 
and sold as a latex.
    Styrene butadiene rubber by emulsion means a polymer consisting 
primarily of styrene and butadiene monomer

[[Page 621]]

units produced using an emulsion process. Styrene butadiene rubber by 
emulsion does not include styrene butadiene latex.
    Styrene butadiene rubber by solution means a polymer that consists 
primarily of styrene and butadiene monomer units and is produced using a 
solution process.
    Supplemental combustion air means the air that is added to a vent 
stream after the vent stream leaves the unit operation. Air that is part 
of the vent stream as a result of the nature of the unit operation is 
not considered supplemental combustion air. Air required to operate 
combustion device burner(s) is not considered supplemental combustion 
air. Air required to ensure the proper operation of catalytic oxidizers, 
to include the intermittent addition of air upstream of the catalyst bed 
to maintain a minimum threshold flow rate through the catalyst bed or to 
avoid excessive temperatures in the catalyst bed, is not considered to 
be supplemental combustion air.
    Suspension process means a polymerization process where the 
monomer(s) is in a state of suspension, with the help of suspending 
agents in a medium other than water (typically an organic solvent). The 
resulting polymers are not soluble in the reactor medium.
    Total organic compounds (TOC) means those compounds, excluding 
methane and ethane, measured according to the procedures of Method 18 or 
Method 25A, 40 CFR part 60, appendix A.
    Total resource effectiveness index value or TRE index value means a 
measure of the supplemental total resource requirement per unit 
reduction of organic HAP associated with a continuous front-end process 
vent stream, based on vent stream flow rate, emission rate of organic 
HAP, net heating value, and corrosion properties (whether or not the 
continuous front-end process vent stream contains halogenated 
compounds), as quantified by the equations given under Sec. 63.115, 
with the exceptions noted in Sec. 63.485.
    Vent stream, as used in reference to batch front-end process vents, 
continuous front-end process vents, and aggregate batch vent streams, 
means the emissions from one or more process vents.
    Waste management unit is defined in Sec. 63.111, except that where 
the definition in Sec. 63.111 uses the term ``chemical manufacturing 
process unit,'' the term ``EPPU'' shall apply for the purposes of this 
subpart.
    Wastewater means water that:
    (1) Contains either:
    (i) An annual average concentration of organic HAP listed in Table 5 
of this subpart of at least 5 parts per million by weight and has an 
annual average flow rate of 0.02 liter per minute or greater; or
    (ii) An annual average concentration of organic HAP listed on Table 
5 of this subpart of at least 10,000 parts per million by weight at any 
flow rate; and
    (2) Is discarded from an EPPU that is part of an affected source. 
Wastewater is process wastewater or maintenance wastewater.
    Wastewater stream means a stream that contains wastewater as defined 
in this section.

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11542, Mar. 9, 1999; 65 
FR 38044, June 19, 2000; 66 FR 36927, July 16, 2001; 76 FR 22587, Apr. 
21, 2011]



Sec. 63.483  Emission standards.

    (a) At all times, each owner or operator must operate and maintain 
any affected source subject to the requirements of this subpart, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. The general duty to minimize 
emissions does not require the owner or operator to make any further 
efforts to reduce emissions if levels required by this standard have 
been achieved. Determination of whether such operation and maintenance 
procedures are being used will be based on information available to the 
Administrator which may include, but is not limited to, monitoring 
results, review of operation and maintenance procedures, review of 
operation and maintenance records, and inspection of the source. Except 
as allowed under paragraphs (b) through (d) of this section, the owner 
or operator of an existing or new affected source shall comply with the 
provisions in:
    (1) Section 63.484 for storage vessels;

[[Page 622]]

    (2) Section 63.485 for continuous front-end process vents;
    (3) Sections 63.486 through 63.492 for batch front-end process 
vents;
    (4) Sections 63.493 through 63.500 for back-end process operations;
    (5) Section 63.501 for wastewater;
    (6) Section 63.502 for equipment leaks;
    (7) Section 63.504 for additional test methods and procedures;
    (8) Section 63.505 for monitoring levels and excursions; and
    (9) Section 63.506 for general reporting and recordkeeping 
requirements.
    (b) When emissions of different kinds (i.e., emissions from 
continuous front-end process vents, batch front-end process vents, 
aggregate batch vent streams, storage vessels, process wastewater, and/
or in-process equipment subject to Sec. 63.149) are combined, and at 
least one of the emission streams would be classified as Group 1 in the 
absence of combination with other emission streams, the owner or 
operator of an affected source shall comply with the requirements of 
either paragraph (b)(1) or (b)(2) of this section, as appropriate. For 
purposes of this paragraph (b), owners or operators of affected sources 
with combined emission streams containing one or more batch front-end 
process vents and containing one or more continuous front-end process 
vents may comply with either paragraph (b)(1) or (b)(2) of this section, 
as appropriate. For purposes of this paragraph (b), owners or operators 
of affected sources with combined emission streams containing one or 
more batch front-end process vents but not containing one or more 
continuous process vents shall comply with paragraph (b)(3) of this 
section.
    (1) Comply with the applicable requirements of this subpart for each 
kind of emission in the stream as specified in paragraphs (a)(1) through 
(a)(6) of this section.
    (2) Comply with the first set of requirements, identified in 
paragraphs (b)(2)(i) through (b)(2)(v) of this section, which applies to 
any individual emission stream that is included in the combined stream, 
where either that emission stream would be classified as Group 1 in the 
absence of combination with other emission streams, or the owner or 
operator chooses to consider that emission stream to be Group 1 for 
purposes of this paragraph. Compliance with the first applicable set of 
requirements identified in paragraphs (b)(2)(i) through (b)(2)(v) of 
this section constitutes compliance with all other requirements in 
paragraphs (b)(2)(i) through (b)(2)(v) of this section applicable to 
other types of emissions in the combined stream.
    (i) The requirements of this subpart for Group 1 continuous front-
end process vents, including applicable monitoring, recordkeeping, and 
reporting;
    (ii) The requirements of Sec. 63.119(e), as specified in Sec. 
63.484, for control of emissions from Group 1 storage vessels, including 
applicable monitoring, recordkeeping, and reporting;
    (iii) The requirements of Sec. 63.139, as specified in Sec. 
63.501, for control devices used to control emissions from waste 
management units, including applicable monitoring, recordkeeping, and 
reporting;
    (iv) The requirements of Sec. 63.139, as specified in Sec. 63.501, 
for closed vent systems for control of emissions from in-process 
equipment subject to Sec. 63.149, as specified in Sec. 63.501, 
including applicable monitoring, recordkeeping, and reporting; or
    (v) The requirements of this subpart for aggregate batch vent 
streams, including applicable monitoring, recordkeeping, and reporting.
    (3) The owner or operator of an affected source with combined 
emission streams containing one or more batch front-end process vents, 
but not containing one or more continuous front-end process vents, shall 
comply with paragraphs (b)(3)(i) and (b)(3)(ii) of this section.
    (i) The owner or operator of the affected source shall comply with 
Sec. 63.486 for the batch front-end process vent stream(s).
    (ii) The owner or operator of the affected source shall comply with 
either paragraph (b)(1) or (b)(2) of this section, as appropriate, for 
the remaining emission streams.
    (c) Instead of complying with Sec. Sec. 63.484, 63.485, 63.493, and 
63.501, the owner or operator of an existing affected source may elect 
to control any or all of the storage vessels, continuous

[[Page 623]]

front-end process vents, batch front-end process vents, aggregate batch 
vent streams, back-end process emissions, and wastewater streams and 
associated waste management units within the affected source, to 
different levels using an emissions averaging compliance approach that 
uses the procedures specified in Sec. 63.503. The restrictions 
concerning which emission points may be included in an emissions 
average, including how many emission points may be included, are 
specified in Sec. 63.503(a)(1). An owner or operator electing to use 
emissions averaging shall still comply with the provisions of Sec. Sec. 
63.484, 63.485, 63. 486, 63.493, and 63.501 for affected source emission 
points not included in the emissions average.
    (d) A State may decide not to allow the use of the emissions 
averaging compliance approach specified in paragraph (c) of this 
section.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38048, June 19, 2000; 
76 FR 22588, Apr. 21, 2011]



Sec. 63.484  Storage vessel provisions.

    (a) This section applies to each storage vessel that is assigned to 
an affected source, as determined by Sec. 63.480(g). Except for those 
storage vessels exempted by paragraph (b) of this section, the owner or 
operator of affected sources shall comply with the requirements of 
Sec. Sec. 63.119 through 63.123 and 63.148, with the differences noted 
in paragraphs (c) through (s) of this section, for the purposes of this 
subpart.
    (b) Storage vessels described in paragraphs (b)(1) through (b)(7) of 
this section are exempt from the storage vessel requirements of this 
section.
    (1) Storage vessels containing styrene-butadiene latex;
    (2) Storage vessels containing latex products other than styrene-
butadiene latex, located downstream of the stripping operations;
    (3) Storage vessels containing high conversion latex products;
    (4) Storage vessels located downstream of the stripping operations 
at affected sources subject to the back-end residual organic HAP 
limitation located in Sec. 63.494(a)(1) through (3), that are complying 
through the use of stripping technology, as specified in Sec. 63.495;
    (5) Storage vessels containing styrene;
    (6) Storage vessels containing acrylamide; and
    (7) Storage vessels containing epichlorohydrin.
    (c) When the term ``storage vessel'' is used in Sec. Sec. 63.119 
through 63.123, the definition of this term in Sec. 63.482 shall apply 
for the purposes of this subpart.
    (d) When the term ``Group 1 storage vessel'' is used in Sec. Sec. 
63.119 through 63.123, the definition of this term in Sec. 63.482 shall 
apply for the purposes of this subpart.
    (e) When the term ``Group 2 storage vessel'' is used in Sec. Sec. 
63.119 through 63.123, the definition of this term in Sec. 63.482 shall 
apply for the purposes of this subpart.
    (f) When the emissions averaging provisions of Sec. 63.150 are 
referred to in Sec. Sec. 63.119 and 63.123, the emissions averaging 
provisions contained in Sec. 63.503 shall apply for the purposes of 
this subpart.
    (g) When December 31, 1992 is referred to in Sec. 63.119, June 12, 
1995 shall apply instead, for the purposes of this subpart.
    (h) When April 22, 1994 is referred to in Sec. 63.119, June 19, 
2000 shall apply instead, for the purposes of this subpart.
    (i) The owner or operator of an affected source shall comply with 
this paragraph instead of Sec. 63.120(d)(1)(ii) for the purposes of 
this subpart. If the control device used to comply with Sec. 63.119(e) 
is also used to comply with any of the requirements found in Sec. Sec. 
63.485 through 63.501, the performance test required in or accepted by 
the applicable requirements in Sec. Sec. 63.485 through 63.501 is 
acceptable for demonstrating compliance with Sec. 63.119(e), for the 
purposes of this subpart. The owner or operator will not be required to 
prepare a design evaluation for the control device as described in Sec. 
63.120(d)(1)(i), if the performance test meets the criteria specified in 
paragraphs (i)(1) and (i)(2) of this section.
    (1) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 63.119(e)(1) or Sec. 63.119(e)(2), as applicable; 
and

[[Page 624]]

    (2) The performance test is submitted as part of the Notification of 
Compliance Status required by Sec. 63.506(e)(5).
    (j) When the term ``range'' is used in Sec. Sec. 63.120(d)(3)(i), 
63.120(d)(5), and 63.122(g)(2), the term ``level'' shall apply instead, 
for the purposes of this subpart.
    (k) For purposes of this subpart, the monitoring plan required by 
Sec. 63.120(d)(2) shall specify for which control devices the owner or 
operator has selected to follow the procedures for continuous monitoring 
specified in Sec. 63.505. For those control devices for which the owner 
or operator has selected to not follow the procedures for continuous 
monitoring specified in Sec. 63.505, the monitoring plan shall include 
a description of the parameter or parameters to be monitored to ensure 
that the control device is being properly operated and maintained, an 
explanation of the criteria used for selection of that parameter (or 
parameters), and the frequency with which monitoring will be performed 
(e.g., when the liquid level in the storage vessel is being raised), as 
specified in Sec. 63.120(d)(2)(i).
    (l) For purposes of this subpart, the monitoring plan required by 
Sec. 63.122(b) shall be included in the Notification of Compliance 
Status required by Sec. 63.506(e)(5).
    (m) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Sec. Sec. 63.120, 
63.122, and 63.123, the Notification of Compliance Status requirements 
contained in Sec. 63.506(e)(5) shall apply for the purposes of this 
subpart.
    (n) When the Periodic Report requirements contained in Sec. 
63.152(c) are referred to in Sec. Sec. 63.120 and 63.122, the Periodic 
Report requirements contained in Sec. 63.506(e)(6) shall apply for the 
purposes of this subpart.
    (o) When other reports as required in Sec. 63.152(d) are referred 
to in Sec. 63.122, the reporting requirements contained in Sec. 
63.506(e)(7) shall apply for the purposes of this subpart.
    (p) When the Initial Notification requirements contained in Sec. 
63.151(b) are referred to in Sec. Sec. 63.119 through 63.123, for the 
purposes of this subpart the owner or operator of an affected source 
need not comply.
    (q) When the determination of equivalence criteria in Sec. 
63.102(b) are referred to in Sec. 63.121(a), the provisions in Sec. 
63.6(g) shall apply for the purposes of this subpart.
    (r) When Sec. 63.119(a) requires compliance according to the 
schedule provisions in Sec. 63.100, owners and operators of affected 
sources shall instead comply with the requirements in Sec. Sec. 
63.119(a)(1) through 63.119(a)(4) by the compliance date for storage 
vessels, which is specified in Sec. 63.481.
    (s) In Sec. 63.120(e)(1), instead of the reference to Sec. 
63.11(b), the requirements of Sec. 63.504(c) shall apply.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38049, June 19, 2000; 
76 FR 22588, Apr. 21, 2011]



Sec. 63.485  Continuous front-end process vent provisions.

    (a) For each continuous front-end process vent located at an 
affected source, the owner or operator shall comply with the 
requirements of Sec. Sec. 63.113 through 63.118, except as provided for 
in paragraphs (b) through (v) of this section. The owner or operator of 
continuous front-end process vents that are combined with one or more 
batch front-end process vents shall comply with paragraph (o) or (p) of 
this section.
    (b) When the term ``process vent'' is used in Sec. Sec. 63.113 
through 63.118, the term ``continuous front-end process vent,'' and the 
definition of this term in Sec. 63.482 shall apply for the purposes of 
this subpart.
    (c) When the term ``halogenated process vent'' is used in Sec. Sec. 
63.113 through 63.118, the term ``halogenated continuous front-end 
process vent,'' and the definition of this term in Sec. 63.482 shall 
apply for the purposes of this subpart.
    (d) When the term ``Group 1 process vent'' is used in Sec. Sec. 
63.113 through 63.118, the term ``Group 1 continuous front-end process 
vent,'' and the definition of this term in Sec. 63.482 shall apply for 
the purposes of this subpart.
    (e) When the term ``Group 2 process vent'' is used in Sec. Sec. 
63.113 through 63.118, the term ``Group 2 continuous front-end process 
vent,'' and the definition of this term in Sec. 63.482 shall apply for 
the purposes of this subpart.

[[Page 625]]

    (f) When December 31, 1992 (i.e., the proposal date for subpart G of 
this part) is referred to in Sec. 63.113, June 12, 1995 shall instead 
apply, for the purposes of this subpart.
    (g) When Sec. Sec. 63.151(f), alternative monitoring parameters, 
and 63.152(e), submission of an operating permit, are referred to in 
Sec. Sec. 63.114(c) and 63.117(e), 63.506(f), alternative monitoring 
parameters, and Sec. 63.506(e)(8), submission of an operating permit, 
respectively, shall apply for the purposes of this subpart.
    (h) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Sec. Sec. 63.114, 
63.117, and 63.118, the Notification of Compliance Status requirements 
contained in Sec. 63.506(e)(5) shall apply for the purposes of this 
subpart.
    (i) When the Periodic Report requirements contained in Sec. 
63.152(c) are referred to in Sec. Sec. 63.117 and 63.118, the Periodic 
Report requirements contained in Sec. 63.506(e)(6) shall apply for the 
purposes of this subpart.
    (j) When the definition of excursion in Sec. 63.152(c)(2)(ii)(A) is 
referred to in Sec. 63.118(f)(2), the definition of excursion in Sec. 
63.505(g) and (h) shall apply for the purposes of this subpart.
    (k) When Sec. 63.114(e) or Sec. 63.117(f) specifies that an owner 
or operator shall submit the information required in Sec. 63.152(b) in 
order to establish the parameter monitoring range, the owner or operator 
of an affected source shall comply with the provisions of Sec. 63.505 
for establishing the parameter monitoring level and shall comply with 
Sec. 63.506(e)(5) for the purposes of reporting information related to 
the establishment of the parameter monitoring level, for the purposes of 
this subpart. Further, the term ``level'' shall apply whenever the term 
``range'' is used in Sec. Sec. 63.114, 63.117, and 63.118.
    (l) When reports of process changes are required under Sec. 
63.118(g), (h), (i), or (j), paragraphs (l)(1) through (l)(4) of this 
section shall apply for the purposes of this subpart. In addition, for 
the purposes of this subpart paragraph (l)(5) of this section applies, 
and Sec. 63.118(k) does not apply to owners or operators of affected 
sources.
    (1) For the purposes of this subpart, whenever a process change, as 
defined in Sec. 63.115(e), is made that causes a Group 2 continuous 
front-end process vent to become a Group 1 continuous front-end process 
vent, the owner or operator shall submit a report within 180 days after 
the process change is made or with the next Periodic Report, whichever 
is later. A description of the process change shall be submitted with 
the report of the process change, and the owner or operator of the 
affected source shall comply with the Group 1 provisions in Sec. Sec. 
63.113 through 63.118 in accordance with Sec. 63.480(i)(2)(ii) or 
(i)(2)(iii), as applicable.
    (2) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 continuous front-end process vent with a TRE 
greater than 4.0 to become a Group 2 continuous front-end process vent 
with a TRE less than 4.0, the owner or operator shall submit a report 
within 180 days after the process change is made or with the next 
Periodic Report, whichever is later. A description of the process change 
shall be submitted with the report of the process change, and the owner 
or operator shall comply with the provisions in Sec. 63.113(d) by the 
dates specified in Sec. 63.481.
    (3) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 continuous front-end process vent with a flow 
rate less than 0.005 standard cubic meter per minute (scmm) to become a 
Group 2 continuous front-end process vent with a flow rate of 0.005 scmm 
or greater and a TRE index value less than or equal to 4.0, the owner or 
operator shall submit a report within 180 days after the process change 
is made or with the next Periodic Report, whichever is later. A 
description of the process change shall be submitted with the report of 
the process change, and the owner or operator shall comply with the 
provisions in Sec. 63.113(d) by the dates specified in Sec. 63.481.
    (4) Whenever a process change, as defined in Sec. 63.115(e), is 
made that causes a Group 2 continuous front-end process vent with an 
organic HAP concentration less than 50 parts per million by volume 
(ppmv) to become a Group 2 continuous front-end process vent with an 
organic HAP concentration of 50 ppmv or greater and a TRE index value 
less than or equal to 4.0, the owner or

[[Page 626]]

operator shall submit a report within 180 days after the process change 
is made or with the next Periodic Report, whichever is later. A 
description of the process change shall be submitted with the report of 
the process change, and the owner or operator shall comply with the 
provisions in Sec. 63.113(d) by the dates specified in Sec. 63.481.
    (5) The owner or operator is not required to submit a report of a 
process change if one of the conditions listed in paragraphs (l)(5)(i), 
(l)(5)(ii), (l)(5)(iii), or (l)(5)(iv) of this section is met.
    (i) The change does not meet the description of a process change in 
Sec. 63.115(e);
    (ii) The vent stream flow rate is recalculated according to Sec. 
63.115(e) and the recalculated value is less than 0.005 standard cubic 
meter per minute;
    (iii) The organic HAP concentration of the vent stream is 
recalculated according to Sec. 63.115(e) and the recalculated value is 
less than 50 parts per million by volume; or
    (iv) The TRE index value is recalculated according to Sec. 
63.115(e) and the recalculated value is greater than 4.0.
    (m) When Sec. 63.118 (periodic reporting and recordkeeping 
requirements) refers to Sec. 63.152(f), the recordkeeping requirements 
in Sec. 63.506(d) shall apply for the purposes of this subpart.
    (n) When Sec. Sec. 63.115 and 63.116 refer to Table 2 of subpart F 
of this part, the owner or operator is only required to consider organic 
HAP listed on Table 5 of this subpart, for the purposes of this subpart.
    (o) If a batch front-end process vent or aggregate batch vent stream 
is combined with a continuous front-end process vent, the owner or 
operator of the affected source containing the combined vent stream 
shall comply with paragraph (o)(1); with paragraph (o)(2) and with 
paragraph (o)(3) or (o)(4); or with paragraph (o)(5) of this section, as 
appropriate.
    (1) If a batch front-end process vent or aggregate batch vent stream 
is combined with a Group 1 continuous front-end process vent prior to 
the combined vent stream being routed to a control device, the owner or 
operator of the affected source containing the combined vent stream 
shall comply with the requirements in paragraph (o)(1)(i) or (o)(1)(ii) 
of this section.
    (i) All requirements for a Group 1 process vent stream in Sec. Sec. 
63.113 through 63.118, except as otherwise provided in this section. As 
specified in Sec. 63.504(a)(1), performance tests shall be conducted at 
maximum representative operating conditions. For the purpose of 
conducting a performance test on a combined vent stream, maximum 
representative operating conditions shall be when batch emission 
episodes are occurring that result in the highest organic HAP emission 
rate (for the combined vent stream) that is achievable during one of the 
periods listed in Sec. 63.504(a)(1)(i) or Sec. 63.504(a)(1)(ii), 
without causing any of the situations described in paragraphs 
(o)(1)(i)(A) through (o)(1)(i)(C) of this section to occur.
    (A) Causing damage to equipment;
    (B) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or
    (C) Necessitating that the owner or operator make product in excess 
of demand.
    (ii) Comply with the provisions in Sec. 63.483(b)(1), as allowed 
under Sec. 63.483(b).
    (2) If a batch front-end process vent or aggregate batch vent stream 
is combined with a continuous front-end process vent prior to the 
combined vent stream being routed to a recovery device, the TRE index 
value for the combined vent stream shall be calculated at the exit of 
the last recovery device. The TRE shall be calculated during periods 
when one or more batch emission episodes are occurring that result in 
the highest organic HAP emission rate (in the combined vent stream that 
is being routed to the recovery device) that is achievable during the 6-
month period that begins 3 months before and ends 3 months after the TRE 
calculation, without causing any of the situations described in 
paragraphs (o)(2)(i) through (o)(2)(iii) of this section to occur.
    (i) Causing damage to equipment;
    (ii) Necessitating that the owner or operator make product that does 
not meet an existing specification for sale to a customer; or

[[Page 627]]

    (iii) Necessitating that the owner or operator make product in 
excess of demand.
    (3) If the combined vent stream described in paragraph (o)(2) of 
this section meets the requirements in paragraphs (o)(3)(i), (o)(3)(ii), 
and (o)(3)(iii) of this section, the combined vent stream shall be 
subject to the requirements for Group 1 process vents in Sec. Sec. 
63.113 through 63.118, except as otherwise provided in this section, as 
applicable. Performance tests for the combined vent stream shall be 
conducted at maximum representative operating conditions, as described 
in paragraph (o)(1) of this section.
    (i) The TRE index value of the combined stream is less than or equal 
to 1.0;
    (ii) The flow rate of the combined vent stream is greater than or 
equal to 0.005 standard cubic meter per minute; and
    (iii) The total organic HAP concentration is greater than or equal 
to 50 parts per million by volume for the combined vent stream.
    (4) If the combined vent stream described in paragraph (o)(2) of 
this section meets the requirements in paragraph (o)(4)(i), (ii), or 
(iii) of this section, the combined vent stream shall be subject to the 
requirements for Group 2 process vents in Sec. Sec. 63.113 through 
63.118, except as otherwise provided in this section, as applicable.
    (i) The TRE index value of the combined vent stream is greater than 
1.0;
    (ii) The flow rate of the combined vent stream is less than 0.005 
standard cubic meter per minute; or
    (iii) The total organic HAP concentration is less than 50 parts per 
million by volume for the combined vent stream.
    (5) If a batch front-end process vent or aggregate batch vent stream 
is combined with a Group 2 continuous front-end process vent, the owner 
or operator shall comply with the requirements in either paragraph 
(o)(5)(i) or (o)(5)(ii) of this section.
    (i) The owner or operator shall comply with the requirements in 
Sec. Sec. 63.113 through 63.118 for Group 1 process vents; or
    (ii) The owner or operator shall comply with Sec. 63.487(e)(2) for 
batch front-end process vents and aggregate batch vent streams.
    (p) If any gas stream that originates outside of an affected source 
that is subject to this subpart is normally conducted through the same 
final recovery device as any continuous front-end process vent stream 
subject to this subpart, the combined vent stream shall comply with all 
requirements in Sec. Sec. 63.113 through 63.118, except as otherwise 
provided in this section, as applicable.
    (1) Instead of measuring the vent stream flow rate at the sampling 
site specified in Sec. 63.115(b)(1), the sampling site for vent stream 
flow rate shall be prior to the final recovery device and prior to the 
point at which the gas stream that is not controlled under this subpart 
is introduced into the combined vent stream.
    (2) Instead of measuring total organic HAP or TOC concentrations at 
the sampling site specified in Sec. 63.115(c)(1), the sampling site for 
total organic HAP or TOC concentration shall be prior to the final 
recovery device and prior to the point at which the gas stream that is 
not controlled under this subpart is introduced into the combined vent 
stream.
    (3) The efficiency of the final recovery device (determined 
according to paragraph (p)(4) of this section) shall be applied to the 
total organic HAP or TOC concentration measured at the sampling site 
described in paragraph (p)(2) of this section to determine the exit 
concentration. This exit concentration of total organic HAP or TOC shall 
then be used to perform the calculations outlined in Sec. 
63.115(d)(2)(iii) and Sec. 63.115(d)(2)(iv), for the combined vent 
stream exiting the final recovery device.
    (4) The efficiency of the final recovery device is determined by 
measuring the total organic HAP or TOC concentration using Method 18 or 
25A, 40 CFR part 60, appendix A, at the inlet to the final recovery 
device after the introduction of any gas stream that is not controlled 
under this subpart, and at the outlet of the final recovery device.
    (q) Group 1 halogenated continuous front-end process vents must 
comply with the provisions of Sec. 63.113(a)(1)(ii)

[[Page 628]]

and Sec. 63.113(c), with the exceptions noted in paragraphs (q)(1) and 
(2) of this section.
    (1) Group I halogenated continuous front-end process vents at 
existing affected sources producing butyl rubber or ethylene propylene 
rubber using a solution process are exempt from the provisions of Sec. 
63.113(a)(1)(ii) and Sec. 63.113(c) if the conditions in paragraphs 
(q)(1)(i) and (ii) of this section are met, and shall comply with the 
requirements in paragraphs (q)(1)(iii) through (vi) of this section. 
Group I halogenated continuous front-end process vents at new affected 
sources producing butyl rubber or ethylene propylene rubber using a 
solution process are not exempt from Sec. 63.113(a)(1)(ii) and Sec. 
63.113(c).
    (i) If the halogenated continuous front-end process vent stream was 
controlled by a combustion device prior to June 12, 1995; and
    (ii) If the requirements of Sec. 63.113(a)(2); Sec. 63.113(a)(3); 
Sec. 63.113(b) and the associated testing requirements in Sec. 63.116; 
or Sec. Sec. 63.11(b) and 63.504(c) are met.
    (iii) The average HCl emissions from all front-end process 
operations at affected sources producing butyl rubber and ethylene 
propylene rubber using a solution process shall not exceed the limits 
determined in accordance with paragraphs (q)(1)(iii)(A) and (B) of this 
section for any consecutive 12-month period. The specific limitation for 
each elastomer type shall be determined based on the calculation or the 
emissions level provided in paragraphs (q)(1)(iii)(A) and (B) of this 
section divided by the base year elastomer product that leaves the 
stripping operation (or the reactor(s), if the plant has no 
stripper(s)). The limitation shall be calculated and submitted in 
accordance with paragraph (q)(1)(iv) of this section.
    (A) For butyl rubber, the HCl emission limitation shall be 
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR21AP11.002

Where:

HCl2010 = HCl emissions in 2010, megagrams per year (Mg/yr)
BRHClEL = Butyl rubber HCl emission limit, Mg HCl emissions/Mg butyl 
          rubber produced
P2010 = Total elastomer product leaving the stripper in 2010, 
          Mg/yr
1.74 = variability factor, unitless

    (B) For ethylene propylene rubber using a solution process, the HCl 
emission limitation, in units of Mg HCl emissions per Mg of ethylene 
propylene rubber produced, shall be calculated by dividing 27 Mg/yr by 
the mass of ethylene propylene rubber produced in 2010, in Mg.
    (iv) If the front-end process operation is subject to a HCl emission 
limitation in paragraph (q)(1)(iii) of this section, the owner and 
operator must submit the information specified in paragraphs 
(q)(1)(iv)(A) and (B) of this section.
    (A) The applicable HCl emission limitation determined in accordance 
with paragraphs (q)(1)(iii)(A) and (B) of this section shall be 
submitted no later than 180 days from the date of publication of the 
final rule amendments in the Federal Register.
    (B) Beginning with the first periodic report required to be 
submitted by Sec. 63.506(e)(6) that is at least 13 months after the 
compliance date, the total mass of HCl emitted for each of the rolling 
12-month periods in the reporting period divided by the total mass of 
elastomer produced during the corresponding 12-month period, determined 
in accordance with paragraph (q)(1)(v) of this section.
    (v) Compliance with the HCl emission limitations determined in 
accordance with paragraph (q)(1)(iii) of this section shall be 
demonstrated in accordance with paragraphs (q)(1)(v)(A) through (E) of 
this section.
    (A) Calculate your HCl emission limitation in accordance with 
paragraphs (q)(1)(iii)(A) and (B) of this section, as

[[Page 629]]

applicable, record it, and submit it in accordance with paragraph 
(q)(1)(iv) of this section.
    (B) Each month, calculate and record the HCl emissions from all 
front-end process operations using engineering assessment. Engineering 
assessment includes, but is not limited to, the following:
    (1) Use of material balances;
    (2) Estimation of flow rate based on physical equipment design, such 
as pump or blower capacities;
    (3) Estimation of HCl concentrations based on saturation conditions; 
and
    (4) Estimation of HCl concentrations based on grab samples of the 
liquid or vapor.
    (C) Each month, record the mass of elastomer product produced.
    (D) Each month, calculate and record the sum of the HCl emissions 
and the mass of elastomer produced for the previous calendar 12-month 
period.
    (E) Each month, divide the total mass of HCl emitted for the 
previous calendar 12-month period by the total mass of elastomer 
produced during this 12-month period. This value must be recorded in 
accordance with paragraph (q)(1)(vi) of this section and reported in 
accordance with paragraph (q)(1)(iv) of this section.
    (vi) If the front-end process operation is subject to an HCl 
emission limitation in paragraph (q)(1)(iii) of this section, the owner 
or operator shall maintain the records specified in paragraphs 
(q)(1)(vi)(A) through (D) of this section.
    (A) The applicable HCl emission limitation determined in accordance 
with paragraphs (q)(1)(iii)(A) and (B) of this section.
    (B) The HCl emissions from all front-end process operations for each 
month, along with documentation of all calculations, and other 
information used in the engineering assessment to estimate these 
emissions.
    (C) The mass of elastomer product produced each month.
    (D) The total mass of HCl emitted for each 12-month period divided 
by the total mass of elastomer produced during the 12-month period, 
determined in accordance with paragraph (q)(1)(v) of this section.
    (2) Group 1 halogenated continuous front-end process vents at new 
and existing affected sources producing an elastomer using a gas-phased 
reaction process, provided that the requirements of Sec. 63.113(a)(2); 
Sec. 63.113(a)(3); Sec. 63.113(b) and the associated testing 
requirements in Sec. 63.116; or Sec. 63.11(b) and Sec. 63.504(c) are 
met.
    (r) The compliance date for continuous front-end process vents 
subject to the provisions of this section is specified in Sec. 63.481.
    (s) Internal combustion engines. In addition to the three options 
for the control of a Group 1 continuous front-end process vent listed in 
Sec. 63.113(a)(1) through (3), an owner or operator will be permitted 
to route emissions of organic HAP to an internal combustion engine, 
provided the conditions listed in paragraphs (s)(1) through (s)(5) of 
this section are met.
    (1) The vent stream routed to the internal combustion engine shall 
not be a halogenated continuous front-end process vent stream.
    (2) The organic HAP is introduced with the primary fuel.
    (3) The internal combustion engine is operating at all times that 
organic HAP emissions are being routed to it. The owner or operator 
shall demonstrate that the internal combustion engine is operating by 
continuously monitoring the on/off status of the internal combustion 
engine.
    (4) The owner or operator shall maintain hourly records verifying 
that the internal combustion engine was operating at all times that 
emissions were routed to it.
    (5) The owner or operator shall include in the Periodic Report a 
report of all times that the internal combustion engine was not 
operating while emissions were being routed to it.
    (6) If an internal combustion engine meeting the requirements of 
paragraphs (s)(1) through (5) of this section is used to comply with the 
provisions of Sec. 63.113(a), the internal combustion engine is exempt 
from the source testing requirements of Sec. 63.116.
    (t) When the provisions of Sec. 63.116(c)(3) and (c)(4) specify 
that Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or 
Method 25A, 40 CFR part 60, appendix A may be used for the purposes of 
this subpart. The

[[Page 630]]

use of Method 25A, 40 CFR part 60, appendix A shall conform with the 
requirements in paragraphs (t)(1) and (t)(2) of this section.
    (1) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (2) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (u) In Sec. 63.116(a), instead of the reference to Sec. 63.11(b), 
the requirements in Sec. 63.504(c) shall apply.
    (v) When a combustion device is used to comply with the 20 parts per 
million by volume outlet concentration standard specified in Sec. 
63.113(a)(2), the correction to 3 percent oxygen is only required when 
supplemental combustion air is used to combust the emissions, for the 
purposes of this subpart. In addition, the correction to 3 percent 
oxygen specified in Sec. 63.116(c)(3) and (c)(3)(iii) is only required 
when supplemental combustion air is used to combust the emissions, for 
the purposes of this subpart. Finally, when a combustion device is used 
to comply with the 20 parts per million by volume outlet concentration 
standard specified in Sec. 63.113(a)(2), an owner or operator shall 
record and report the outlet concentration required in Sec. 
63.117(a)(4)(ii) and (a)(4)(iv) corrected to 3 percent oxygen when 
supplemental combustion air is used to combust the emissions, for the 
purposes of this subpart. When supplemental combustion air is not used 
to combust the emissions, an owner or operator may record and report the 
outlet concentration required in Sec. 63.117(a)(4)(ii) and (a)(4)(iv) 
on an uncorrected basis or corrected to 3 percent oxygen, for the 
purposes of this subpart.
    (w) Shutdown. (1) During periods of shutdown, a Group 1 continuous 
front-end process vent at an existing affected source producing butyl 
rubber or ethylene propylene rubber using a solution process must be 
routed to a flare until either the organic HAP concentration in the vent 
is less than 50 ppmv, or the vent pressure is below 103.421 kPa.

[65 FR 38049, June 19, 2000, as amended at 66 FR 36928, July 16, 2001; 
76 FR 22588, Apr. 21, 2011]



Sec. 63.486  Batch front-end process vent provisions.

    (a) Batch front-end process vents. Except as specified in paragraph 
(b) of this section, owners and operators of new and existing affected 
sources with batch front-end process vents shall comply with the 
requirements in Sec. Sec. 63.487 through 63.492. The batch front-end 
process vent group status shall be determined in accordance with Sec. 
63.488. Owners or operators of affected sources with batch front-end 
process vents classified as Group 1 shall comply with the reference 
control technology requirements for Group 1 batch front-end process 
vents in Sec. 63.487, the monitoring requirements in Sec. 63.489, the 
performance test methods and procedures to determine compliance in Sec. 
63.490, the recordkeeping requirements in Sec. 63.491, and the 
reporting requirements in Sec. 63.492. Owners and operators of all 
Group 2 batch front-end process vents shall comply with the applicable 
reference control technology requirements in Sec. 63.487, the 
applicable recordkeeping requirements in Sec. 63.491, and the 
applicable reporting requirements in Sec. 63.492.
    (b) Aggregate batch vent streams. Aggregate batch vent streams, as 
defined in Sec. 63.482, are subject to the control requirements 
specified in Sec. 63.487(b), as well as the monitoring, testing, 
recordkeeping, and reporting requirements specified in Sec. Sec. 63.489 
through 63.492 for aggregate batch vent streams.

[65 FR 38052, June 19, 2000]



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

    (a) Batch front-end process vents. The owner or operator of an 
affected source with a Group 1 batch front-end process vent, as 
determined using the procedures in Sec. 63.488, shall comply with the 
requirements of either paragraph (a)(1) or (a)(2) of this section. 
Compliance may be based on either organic HAP or TOC.

[[Page 631]]

    (1) For each batch front-end process vent, reduce organic HAP 
emissions using a flare.
    (i) The owner or operator of the affected sources shall comply with 
the requirements of Sec. 63.504(c) for the flare.
    (ii) Halogenated batch front-end process vents, as defined in Sec. 
63.482, shall not be vented to a flare.
    (2) For each batch front-end process vent, reduce organic HAP 
emissions for the batch cycle by 90 weight percent using a control 
device. Owners or operators may achieve compliance with this paragraph 
through the control of selected batch emission episodes or the control 
of portions of selected batch emission episodes. Documentation 
demonstrating how the 90 weight percent emission reduction is achieved 
is required by Sec. 63.490(c)(2).
    (b) Aggregate batch vent streams. The owner or operator of an 
aggregate batch vent stream that contains one or more Group 1 batch 
front-end process vents shall comply with the requirements of either 
paragraph (b)(1) or (b)(2) of this section. Compliance may be based on 
either organic HAP or TOC.
    (1) For each aggregate batch vent stream, reduce organic HAP 
emissions using a flare.
    (i) The owner or operator of the affected source shall comply with 
the requirements of Sec. 63.504(c) for the flare.
    (ii) Halogenated aggregate batch vent streams, as defined in Sec. 
63.482, shall not be vented to a flare.
    (2) For each aggregate batch vent stream, reduce organic HAP 
emissions by 90 weight percent or to a concentration of 20 ppmv, 
whichever is less stringent, on a continuous basis using a control 
device. For purposes of complying with the 20 ppmv outlet concentration 
standard, the outlet concentration shall be calculated on a dry basis. 
When a combustion device is used for purposes of complying with the 20 
ppmv outlet concentration standard, the concentration shall be corrected 
to 3 percent oxygen if supplemental combustion air is used to combust 
the emissions. If supplemental combustion air is not used, a correction 
to 3 percent oxygen is not required.
    (c) Halogenated emissions. Halogenated Group 1 batch front-end 
process vents, halogenated aggregate batch vent streams, and halogenated 
continuous front-end process vents that are combusted as part of 
complying with paragraph (a)(2) or (b)(2) of this section, shall be 
controlled according to either paragraph (c)(1) or (c)(2) of this 
section.
    (1) If a combustion device is used to comply with paragraph (a)(2) 
or (b)(2) of this section for a halogenated batch front-end process vent 
or halogenated aggregate batch vent stream, the emissions exiting the 
combustion device shall be ducted to a halogen reduction device that 
reduces overall emissions of hydrogen halides and halogens by at least 
99 percent before discharge to the atmosphere.
    (2) A halogen reduction device may be used to reduce the halogen 
atom mass emission rate to less than 3,750 kg/yr for batch front-end 
process vents or aggregate batch vent streams and thus make the batch 
front-end process vent or aggregate batch vent stream nonhalogenated. 
The nonhalogenated batch front-end process vent or aggregate batch vent 
stream shall then comply with the requirements of either paragraph (a) 
or (b) of this section, as appropriate.
    (d) If a boiler or process heater is used to comply with the percent 
reduction requirement specified in paragraph (a)(2) or (b)(2) of this 
section, the batch front-end process vent or aggregate batch vent stream 
shall be introduced into the flame zone of such a device.
    (e) Combination of batch front-end process vents or aggregate batch 
vent streams with continuous front-end process vents. If a batch front-
end process vent or aggregate batch vent stream is combined with a 
continuous front-end process vent, the owner or operator shall determine 
whether the combined vent stream is subject to the provisions of 
Sec. Sec. 63.486 through 63.492 according to paragraphs (e)(1) and 
(e)(2) of this section.
    (1) A batch front-end process vent or aggregate batch vent stream 
combined with a continuous front-end process vent stream is not subject 
to the provisions of Sec. Sec. 63.486 through 63.492, if the

[[Page 632]]

requirements in paragraph (e)(1)(i) and in either paragraph (e)(1)(ii) 
or (e)(1)(iii) are met.
    (i) The only emissions to the atmosphere from the batch front-end 
process vent or aggregate batch vent stream prior to being combined with 
the continuous front-end process vent are from equipment subject to 
Sec. 63.502.
    (ii) The batch front-end vent stream or aggregate batch vent stream 
is combined with a Group 1 continuous front-end process vent stream 
prior to the combined vent stream being routed to a control device. In 
this paragraph (e)(1)(ii), the definition of control device as it 
relates to continuous front-end process vents shall be used. 
Furthermore, the combined vent stream discussed in this paragraph 
(e)(1)(ii) shall be subject to Sec. 63.485(o)(1).
    (iii) The batch front-end process vent or aggregate batch vent 
stream is combined with a continuous front-end process vent stream prior 
to being routed to a recovery device. In this paragraph (e)(1)(iii), the 
definition of recovery device as it relates to continuous front-end 
process vents shall be used. Furthermore, the combined vent stream 
discussed in this paragraph (e)(1)(iii) shall be subject to Sec. 
63.485(o)(2).
    (2) If the batch front-end process vent or aggregate batch vent 
stream is combined with a Group 2 continuous front-end process vent, the 
group status of the batch front-end process vent shall be determined 
prior to its combination with the Group 2 continuous front-end process 
vent, in accordance with Sec. 63.488, and the combined vent stream 
shall be subject to the requirements for aggregate batch vent streams in 
Sec. Sec. 63.486 through 63.492.
    (f) Group 2 batch front-end process vents with annual emissions 
greater than or equal to the level specified in Sec. 63.488(d). The 
owner or operator of a Group 2 batch front-end process vent with annual 
emissions greater than or equal to the level specified in Sec. 
63.488(d) shall comply with the provisions of paragraph (f)(1), (f)(2), 
or (h) of this section.
    (1) The owner or operator shall comply with the requirements in 
paragraphs (f)(1)(i) through (f)(1)(iv) of this section.
    (i) The owner or operator shall establish a batch mass input 
limitation that ensures that the Group 2 batch front-end process vent 
does not become a Group 1 batch front-end process vent.
    (ii) Over the course of the affected source's ``year,'' as reported 
in the Notification of Compliance Status in accordance with Sec. 
63.506(e)(5)(ix), the owner or operator shall not charge a mass of HAP 
or material to the batch unit operation that is greater than the level 
established as the batch mass input limitation.
    (iii) The owner or operator of an affected source shall comply with 
the recordkeeping requirements in Sec. 63.491(d)(2), and the reporting 
requirements in Sec. 63.492(a)(3), (b) and (c).
    (iv) The owner or operator of an affected source shall comply with 
Sec. 63.488(i) when process changes are made.
    (2) Comply with the requirements of this subpart for Group 1 batch 
front-end process vents.
    (g) Group 2 batch front-end process vents with annual emissions less 
than the level specified in Sec. 63.488(d). The owner or operator of a 
Group 2 batch front-end process vent with annual organic HAP emissions 
less than the level specified in Sec. 63.488(d), shall comply with 
paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of this section.
    (1) The owner or operator of the affected source shall comply with 
the requirements in paragraphs (g)(1)(i) through (g)(1)(iv) of this 
section.
    (i) The owner or operator shall establish a batch mass input 
limitation that ensures emissions do not exceed the appropriate level 
specified in Sec. 63.488(d).
    (ii) Over the course of the affected source's ``year,'' as reported 
in the Notification of Compliance Status in accordance with Sec. 
63.506(e)(5)(ix), the owner or operator shall not charge a mass of HAP 
or material to the batch unit operation that is greater than the level 
established as the batch mass input limitation.
    (iii) The owner or operator of the affected source shall comply with 
the recordkeeping requirements in Sec. 63.491(d)(1), and the reporting 
requirements in Sec. 63.492(a)(2), (b), and (c).
    (iv) The owner or operator of the affected source shall comply with

[[Page 633]]

Sec. 63.488(i) when process changes are made.
    (2) Comply with the requirements of paragraph (f)(1) of this 
section;
    (3) Comply with the requirements of paragraph (f)(2) of this 
section; or
    (4) Comply with the requirements of paragraph (h) of this section.
    (h) Owners or operators of Group 2 batch front-end process vents are 
not required to establish a batch mass input limitation if the batch 
front-end process vent is Group 2 at the conditions specified in 
paragraphs (h)(1) and (h)(2) of this section and if the owner or 
operator complies with the recordkeeping provisions in Sec. Sec. 
63.491(a)(1) through (3), 63.491(a)(9), and 63.491(a)(4) through (6) as 
applicable, and the reporting requirements in Sec. 63.492(a)(5) and (6) 
and (b).
    (1) Emissions for the single highest-HAP recipe (considering all 
products that are produced in the batch unit operation) are used in the 
group determination; and
    (2) The group determination assumes that the batch unit operation is 
operating at the maximum design capacity of the EPPU for 12 months.

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11542, Mar. 9, 1999; 65 
FR 38052, June 19, 2000; 66 FR 36928, July 16, 2001]



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

determination.

    (a) General requirements. Except as provided in paragraph (a)(3) of 
this section, the owner or operator of batch front-end process vents at 
affected sources shall determine the group status of each batch front-
end process vent in accordance with the provisions of this section. This 
determination may be based on either organic HAP or TOC emissions.
    (1) The procedures specified in paragraphs (b) through (g) shall be 
followed to determine the group status of each batch front-end process 
vent. This determination shall be made in accordance with either 
paragraph (a)(1)(i) or (a)(1)(ii) of this section.
    (i) An owner or operator may choose to determine the group status of 
a batch front-end process vent based on the expected mix of products. 
For each product, emission characteristics of the single highest-HAP 
recipe, as defined in paragraph (a)(1)(iii) of this section, for that 
product, shall be used in the procedures in paragraphs (b) through (i) 
of this section.
    (ii) An owner or operator may choose to determine the group status 
of a batch front-end process vent based on annualized production of the 
single highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this 
section, considering all products produced or processed in the batch 
unit operation. The annualized production of the highest-HAP recipe 
shall be based exclusively on the production of the single highest-HAP 
recipe of all products produced or processed in the batch unit operation 
for a 12 month period. The production level used may be the actual 
production rate. It is not necessary to assume a maximum production rate 
(i.e., 8,760 hours per year at maximum design production).
    (iii) The single highest-HAP recipe for a product means the recipe 
of the product with the highest total mass of HAP charged to the reactor 
during the production of a single batch of product.
    (2) The annual uncontrolled organic HAP or TOC emissions and annual 
average batch vent flow rate shall be determined at the exit from the 
batch unit operation. For the purposes of these determinations, the 
primary condenser operating as a reflux condenser on a reactor or 
distillation column, the primary condenser recovering monomer, reaction 
products, by-products, or solvent from a stripper operated in batch 
mode, and the primary condenser recovering monomer, reaction products, 
by-products, or solvent from a distillation operation operated in batch 
mode shall be considered part of the batch unit operation. All other 
devices that recover or oxidize organic HAP or TOC vapors shall be 
considered control devices as defined in Sec. 63.482.
    (3) The owner or operator of a batch front-end process vent 
complying with the flare provisions in Sec. 63.487(a)(1) or Sec. 
63.487(b)(1) or routing the batch front-end process vent to a control 
device to comply with the requirements in Sec. 63.487(a)(2) or Sec. 
63.487(b)(2) is not required to perform the batch front-end

[[Page 634]]

process vent group determination described in this section, but shall 
comply with all requirements applicable to Group 1 batch front-end 
process vents.
    (b) Determination of annual emissions. The owner or operator shall 
calculate annual uncontrolled TOC or organic HAP emissions for each 
batch front-end process vent using the methods described in paragraphs 
(b)(1) through (b)(8) of this section. To estimate emissions from a 
batch emissions episode, owners or operators may use either the 
emissions estimation equations in paragraphs (b)(1) through (b)(4) of 
this section, or direct measurement as specified in paragraph (b)(5) of 
this section. Engineering assessment may also be used to estimate 
emissions from a batch emission episode, but only under the conditions 
described in paragraph (b)(6) of this section. In using the emissions 
estimation equations in paragraphs (b)(1) through (b)(4) of this 
section, individual component vapor pressure and molecular weight may be 
obtained from standard references. Methods to determine individual HAP 
partial pressures in multicomponent systems are described in paragraph 
(b)(9) of this section. Other variables in the emissions estimation 
equations may be obtained through direct measurement, as defined in 
paragraph (b)(5) of this section, through engineering assessment, as 
defined in paragraph (b)(6)(ii) of this section, by process knowledge, 
or by any other appropriate means. Assumptions used in determining these 
variables must be documented. Once emissions for the batch emission 
episode have been determined using either the emissions estimation 
equations, direct measurement, or engineering assessment, emissions from 
a batch cycle shall be calculated in accordance with paragraph (b)(7) of 
this section, and annual emissions from the batch front-end process vent 
shall be calculated in accordance with paragraph (b)(8) of this section.
    (1) TOC or organic HAP emissions from the purging of an empty vessel 
shall be calculated using Equation 1. This equation does not take into 
account evaporation of any residual liquid in the vessel.
[GRAPHIC] [TIFF OMITTED] TR19JN00.000

Where:

Eepisode = Emissions, kg/episode.
Vves = Volume of vessel, m\3\.
P = TOC or total organic HAP partial pressure, kPa.
MWWAVG = Weighted average molecular weight of TOC or organic 
          HAP in vapor, determined in accordance with paragraph 
          (b)(4)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot][deg]K.
T = Temperature of vessel vapor space, [deg]K.
m = Number of volumes of purge gas used.

    (2) TOC or organic HAP emissions from the purging of a filled vessel 
shall be calculated using Equation 2.
[GRAPHIC] [TIFF OMITTED] TR19JN00.001

Where:

Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor phase.
Vdr = Volumetric gas displacement rate, m\3\/min.
P = Pressure in vessel vapor space, kPa.
MWWAVG = Weighted average molecular weight of TOC or organic 
          HAP in vapor,

[[Page 635]]

          determined in accordance with paragraph (b)(4)(i)(D) of this 
          section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot][deg]K.
T = Temperature of vessel vapor space, [deg]K.
Pi = Vapor pressure of TOC or individual organic HAP i, kPa.
xi = Mole fraction of TOC or organic HAP i in the liquid.
n = Number of organic HAP in stream. Note: Summation is not applicable 
          if TOC emissions are being estimated.
Tm = Minutes/episode.

    (3) Emissions from vapor displacement due to transfer of material 
into or out of a vessel shall be calculated using Equation 3.
[GRAPHIC] [TIFF OMITTED] TR19JN00.002

Where:

Eepisode = Emissions, kg/episode.
y = Saturated mole fraction of all TOC or organic HAP in vapor phase.
V = Volume of gas displaced from the vessel, m\3\.
P = Pressure of vessel vapor space, kPa.
MWWAVG = Weighted average molecular weight of TOC or organic 
          HAP in vapor, determined in accordance with paragraph 
          (b)(4)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot][deg]K.
T = Temperature of vessel vapor space, [deg]K.

    (4) Emissions caused by the heating of a vessel shall be calculated 
using the procedures in either paragraph (b)(4)(i), (b)(4)(ii), or 
(b)(4)(iii) of this section, as appropriate.
    (i) If the final temperature to which the vessel contents is heated 
is lower than 50 K below the boiling point of the HAP in the vessel, 
then emissions shall be calculated using the equations in paragraphs 
(b)(4)(i)(A) through (b)(4)(i)(D) of this section.
    (A) Emissions caused by heating of a vessel shall be calculated 
using Equation 4. The assumptions made for this calculation are 
atmospheric pressure of 760 mm Hg and the displaced gas is always 
saturated with VOC vapor in equilibrium with the liquid mixture.
[GRAPHIC] [TIFF OMITTED] TR19JN00.003

Where:

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

    (B) The moles of gas displaced, [Delta][eta], is calculated using 
equation 5.

[[Page 636]]

[GRAPHIC] [TIFF OMITTED] TR19JN00.004

Where:

[Delta][eta] = Number of kg-moles of gas displaced.
Vfs = Volume of free space in the vessel, m\3\.
R = Ideal gas constant, 8.314 m \3\[middot]kPa/kmol[middot]K.
Pa1 = Initial noncondensible gas partial pressure in the 
          vessel, kPa.
Pa2 = Final noncondensible gas partial pressure, kPa.
T1 = Initial temperature of vessel, K.
T2 = Final temperature of vessel, K.

    (C) The initial and final pressure of the noncondensible gas in the 
vessel shall be calculated using equation 6.
[GRAPHIC] [TIFF OMITTED] TR19JN00.005

Where:

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

    (D) The weighted average molecular weight of TOC or organic HAP in 
the displaced gas, MWWAVG, shall be calculated using equation 
7:
[GRAPHIC] [TIFF OMITTED] TR19JN00.006

Where:

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

    (ii) If the vessel contents are heated to a temperature greater than 
50 K below the boiling point, then emissions from the heating of a 
vessel shall be calculated as the sum of the emissions calculated in 
accordance with paragraphs (b)(4)(ii)(A) and (b)(4)(ii)(B) of this 
section.
    (A) For the interval from the initial temperature to the temperature 
50 K below the boiling point, emissions shall be calculated using 
Equation 4, where T2 is the temperature 50 K below the 
boiling point.
    (B) For the interval from the temperature 50 K below the boiling 
point to the final temperature, emissions shall be calculated as the 
summation of emissions for each 5 K increment, where the emissions for 
each increment shall be calculated using Equation 4.
    (1) If the final temperature of the heatup is at or lower than 5 K 
below the boiling point, the final temperature for the last increment 
shall be the final temperature for the heatup, even if the last 
increment is less than 5 K.
    (2) If the final temperature of the heatup is higher than 5 K below 
the boiling point, the final temperature for the last increment shall be 
the temperature 5 K below the boiling point, even if the last increment 
is less than 5 K.
    (3) If the vessel contents are heated to the boiling point and the 
vessel is not operating with a condenser, the final temperature for the 
final increment shall be the temperature 5 K below the boiling point, 
even if the last increment is less than 5 K.
    (iii) If the vessel is operating with a condenser, and the vessel 
contents are heated to the boiling point, the primary condenser is 
considered part of the process, as described in Sec. 63.488(a)(2). 
Emissions shall be calculated as the sum of Equation 4, which calculates 
emissions due to heating the vessel contents to the temperature of the 
gas exiting the condenser,

[[Page 637]]

and Equation 3, which calculates emissions due to the displacement of 
the remaining saturated noncondensible gas in the vessel. The final 
temperature in Equation 4 shall be set equal to the exit gas temperature 
of the condenser. Equation 3 shall be used as written below in Equation 
3a, using free space volume, and T2 is set equal to the 
condenser exit gas temperature.
[GRAPHIC] [TIFF OMITTED] TR19JN00.007

Where:

Eepisode = Emissions, kg/episode.
yi = Saturated mole fraction of all TOC or organic HAP in the 
          vapor phase.
Vfs = Volume of the free space in the vessel, m\3\.
PT = Pressure of the vessel vapor space, kPa.
MWWAVG = Weighted average molecular weight of TOC or organic 
          HAP in vapor, determined in accordance with paragraph 
          (b)(4)(i)(D) of this section.
R = Ideal gas constant, 8.314 m\3\[middot]kPa/kmol[middot]K.
T = Temperature of condenser exit stream K.

    (5) The owner or operator may estimate annual emissions for a batch 
emission episode by direct measurement. If direct measurement is used, 
the owner or operator shall either perform a test for the duration of a 
representative batch emission episode or perform a test during only 
those periods of the batch emission episode for which the emission rate 
for the entire episode can be determined or for which the emissions are 
greater than the average emission rate of the batch emission episode. 
The owner or operator choosing either of these options shall develop an 
emission profile for the entire batch emission episode, based on either 
process knowledge or test data collected, to demonstrate that test 
periods are representative. Examples of information that could 
constitute process knowledge include calculations based on material 
balances and process stoichiometry. Previous test results may be used 
provided the results are still relevant to the current batch front-end 
process vent conditions. Performance tests shall follow the procedures 
specified in paragraphs (b)(5)(i) through (b)(5)(iii) of this section. 
The procedures in either paragraph (b)(5)(iv) or (b)(5)(v) of this 
section shall be used to calculate the emissions per batch emission 
episode.
    (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites if the flow measuring 
device is a pitot tube. No traverse is necessary when Method 2A or 2D, 
40 CFR part 60, appendix A is used to determine gas stream volumetric 
flow rate.
    (ii) Annual average batch vent flow rate shall be determined as 
specified in paragraph (e) of this section.
    (iii) Method 18 or Method 25A, of 40 CFR part 60, appendix A, shall 
be used to determine the concentration of TOC or organic HAP, as 
appropriate. The use of Method 25A, 40 CFR part 60, appendix A shall 
conform with the requirements in paragraphs (b)(5)(iii)(A) and 
(b)(5)(iii)(B) of this section.
    (A) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (B) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (iv) If an integrated sample is taken over the entire batch emission 
episode to determine average batch vent concentration of TOC or total 
organic HAP, emissions shall be calculated using Equation 8.

[[Page 638]]

[GRAPHIC] [TIFF OMITTED] TR19JN00.008

Where:

Episode = Emissions, kg/episode
K = Constant, 2.494 x 10-6 (ppmv)-1(gm-mole/scm) 
          (kg/gm) (min/hr), where standard temperature is 20 [deg]C.
Cj = Average batch vent concentration of TOC or sample 
          organic HAP component j of the gas stream for the batch 
          emission episode, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component 
          j of the gas stream, dry basis, gm/gm-mole.
AFR = Average batch vent flow rate of gas stream, dry basis, scmm.
Th = Hours/episode
n = Number of organic HAP in stream. Note: Summation not applicable if 
          TOC emissions are being estimated using a TOC concentration 
          measured using Method 25A, 40 CFR part 60, appendix A.

    (v) If grab samples are taken to determine the average batch vent 
concentration of TOC or total organic HAP, emissions shall be calculated 
according to paragraphs (b)(5)(v)(A) and (b)(5)(v)(B) of this section.
    (A) For each measurement point, the emission rate shall be 
calculated using Equation 9.
[GRAPHIC] [TIFF OMITTED] TR19JN00.009

Where:

Epoint = Emission rate for individual measurement point, kg/
          hr.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm) 
          (kg/gm) (min/hr), where standard temperature is 20 [deg]C.
Cj = Concentration of TOC or sample organic HAP component j 
          of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component 
          j of the gas stream, gm/gm-mole.
FR = Flow rate of gas stream for the measurement point, dry basis, scmm.
n = Number of organic HAP in stream. Note: Summation not applicable if 
          TOC emissions are being estimated using a TOC concentration 
          measured using Method 25A, 40 CFR part 60, appendix A.

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

where:

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

    (6) Engineering assessment may be used to estimate emissions from a 
batch emission episode, if the criteria in paragraph (b)(6)(i) are met. 
Data or other information used to demonstrate that the criteria in 
paragraph (b)(6)(i) of this section have been met shall be reported as 
specified in paragraph (b)(6)(iii) of this section. Paragraph (b)(6)(ii) 
of this section defines engineering assessment, for the purposes of 
estimating emissions from a batch emissions episode. All data, 
assumptions, and procedures used in an engineering assessment shall be 
documented.
    (i) If the criteria specified in paragraph (b)(6)(i)(A), (B), or (C) 
are met for a specific batch emission episode, the owner or operator may 
use engineering assessment, as described in paragraph (b)(6)(ii) of this 
section, to estimate emissions from that batch emission episode, and the 
owner or operator is not required to use the emissions estimation 
equations described in paragraphs (b)(1) through (b)(4) of this section 
to estimate emissions from that batch emission episode.
    (A) Previous test data, where the measurement of organic HAP or TOC 
emissions was an outcome of the test, show a greater than 20 percent 
discrepancy between the test value and the value estimated using the 
applicable equations in paragraphs (b)(1) through (b)(4) of this 
section. Paragraphs

[[Page 639]]

(b)(6)(i)(A)(1) and (2) of this section describe test data that will be 
acceptable under this paragraph (b)(6)(i)(A).
    (1) Test data for the batch emission episode obtained during 
production of the product for which the demonstration is being made.
    (2) Test data obtained for a batch emission episode from another 
process train, where the test data were obtained during production of 
the product for which the demonstration is being made. Test data from 
another process train may be used only if the owner or operator can 
demonstrate that the data are representative of the batch emission 
episode for which the demonstration is being made, taking into account 
the nature, size, operating conditions, production rate, and sequence of 
process steps (e.g., reaction, distillation, etc.) of the equipment in 
the other process train.
    (B) Previous test data obtained during the production of the product 
for which the demonstration is being made, for the batch emission 
episode with the highest organic HAP emissions on a mass basis, show a 
greater than 20 percent discrepancy between the test value and the value 
estimated using the applicable equations in paragraphs (b)(1) through 
(b)(4) of this section. If the criteria in this paragraph (b)(6)(i)(B) 
are met, then engineering assessment may be used for all batch emission 
episodes associated with that batch cycle for that batch unit operation.
    (C) The owner or operator has requested approval to use engineering 
assessment to estimate emissions from a batch emissions episode. The 
request to use engineering assessment to estimate emissions from a batch 
emissions episode shall contain sufficient information and data to 
demonstrate to the Administrator that engineering assessment is an 
accurate means of estimating emissions for that particular batch 
emissions episode. The request to use engineering assessment to estimate 
emissions for a batch emissions episode shall be submitted in the 
Precompliance Report required under Sec. 63.506(e)(3).
    (ii) Engineering assessment includes, but is not limited to, the 
following:
    (A) Previous test results, provided the test was representative of 
current operating practices.
    (B) Bench-scale or pilot-scale test data obtained under conditions 
representative of current process operating conditions.
    (C) Flow rate, TOC emission rate, or organic HAP emission rate 
specified or implied within a permit limit applicable to the batch 
front-end process vent.
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances;
    (2) Estimation of flow rate based on physical equipment design, such 
as pump or blower capacities;
    (3) Estimation of TOC or organic HAP concentrations based on 
saturation conditions; and
    (4) Estimation of TOC or organic HAP concentrations based on grab 
samples of the liquid or vapor.
    (iii) Data or other information used to demonstrate that the 
criteria in paragraph (b)(6)(i) of this section have been met shall be 
reported as specified in paragraphs (b)(6)(iii)(A) and (b)(6)(iii)(B) of 
this section.
    (A) Data or other information used to demonstrate that the criteria 
in paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of this section have been met 
shall be reported in the Notification of Compliance Status, as required 
in Sec. 63.492(a)(6).
    (B) The request for approval to use engineering assessment to 
estimate emissions from a batch emissions episode as allowed under 
paragraph (b)(6)(i)(C) of this section, and sufficient data or other 
information for demonstrating to the Administrator that engineering 
assessment is an accurate means of estimating emissions for that 
particular batch emissions episode shall be submitted with the 
Precompliance Report, as required in Sec. 63.506(e)(3).
    (7) For each batch front-end process vent, the TOC or organic HAP 
emissions associated with a single batch cycle shall be calculated using 
Equation 11.

[[Page 640]]

[GRAPHIC] [TIFF OMITTED] TR05SE96.011

where:

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

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

where:

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

    (9) Individual HAP partial pressures in multicomponent systems shall 
be determined using the appropriate method specified in paragraphs 
(b)(9)(i) through (b)(9)(iii) of this section.
    (i) If the components are miscible, use Raoult's law to calculate 
the partial pressures;
    (ii) If the solution is a dilute aqueous mixture, use Henry's law 
constants to calculate partial pressures;
    (iii) If Raoult's law or Henry's law are not appropriate or 
available, the owner or operator may use any of the options in 
paragraphs (b)(9)(iii)(A), (B), or (C) of this section.
    (A) Experimentally obtained activity coefficients, Henry's law 
constants, or solubility data;
    (B) Models, such as group-contribution models, to predict activity 
coefficients; or
    (C) Assume the components of the system behave independently and use 
the summation of all vapor pressures from the HAP as the total HAP 
partial pressure.
    (c) [Reserved]
    (d) Minimum emission level exemption. A batch front-end process vent 
with annual emissions of TOC or organic HAP less than 11,800 kg/yr is 
considered a Group 2 batch front-end process vent and the owner or 
operator of that batch front-end process vent shall comply with the 
requirements in Sec. 63.487(f) or (g). Annual emissions of TOC or 
organic HAP are determined at the exit of the batch unit operation, as 
described in paragraph (a)(2) of this section, and are determined as 
specified in paragraph (b) of this section. The owner or operator of 
that batch front-end process vent is not required to comply with the 
provisions in paragraphs (e) through (g) of this section.
    (e) Determination of average batch vent flow rate and annual average 
batch vent flow rate. The owner or operator shall determine the average 
batch vent flow rate for each batch emission episode in accordance with 
one of the procedures provided in paragraphs (e)(1) through (e)(2) of 
this section. The annual average batch vent flow rate for a batch front-
end process vent shall be calculated as specified in paragraph (e)(3) of 
this section.
    (1) Determination of the average batch vent flow rate for a batch 
emission episode by direct measurement shall be made using the 
procedures specified in paragraphs (e)(1)(i) through (e)(1)(iii) of this 
section.
    (i) The vent stream volumetric flow rate (FRi) for a 
batch emission episode, in scmm at 20 [deg]C, shall be determined using 
Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (ii) The volumetric flow rate of a representative batch emission 
episode shall be measured every 15 minutes.
    (iii) The average batch vent flow rate for a batch emission episode 
shall be calculated using Equation 13.
[GRAPHIC] [TIFF OMITTED] TR19JN00.010

Where:

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


[[Page 641]]


    (2) The average batch vent flow rate for a batch emission episode 
may be determined by engineering assessment, as defined in paragraph 
(b)(6)(i) of this section. All data, assumptions, and procedures used 
shall be documented.
    (3) The annual average batch vent flow rate for a batch front-end 
process vent shall be calculated using Equation 14.
[GRAPHIC] [TIFF OMITTED] TR19JN00.011

Where:

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

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

where:

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

    (g) Group 1/Group 2 status determination. The owner or operator 
shall compare the cutoff flow rate, calculated in accordance with 
paragraph (f) of this section, with the annual average batch vent flow 
rate, determined in accordance with paragraph (e)(3) of this section. 
The group determination status for each batch front-end process vent 
shall be made using the criteria specified in paragraphs (g)(1) and 
(g)(2) of this section.
    (1) If the cutoff flow rate is greater than or equal to the annual 
average batch vent flow rate of the stream, the batch front-end process 
vent is classified as a Group 1 batch front-end process vent.
    (2) If the cutoff flow rate is less than the annual average batch 
vent flow rate of the stream, the batch front-end process vent is 
classified as a Group 2 batch front-end process vent.
    (h) Determination of halogenation status. To determine whether a 
batch front-end process vent or an aggregate batch vent stream is 
halogenated, the annual mass emission rate of halogen atoms contained in 
organic compounds shall be calculated using the procedures specified in 
paragraphs (h)(1) through (h)(3) of this section.
    (1) The concentration of each organic compound containing halogen 
atoms (ppmv, by compound) for each batch emission episode shall be 
determined after the last recovery device (if any recovery devices are 
present), based on any one of the following procedures:
    (i) Process knowledge that no halogens or hydrogen halides are 
present in the process may be used to demonstrate that a batch emission 
episode is nonhalogenated. Halogens or hydrogen halides that are 
unintentionally introduced into the process shall not be considered in 
making a finding that a batch emission episode is nonhalogenated.
    (ii) Engineering assessment as discussed in paragraph (b)(6)(i) of 
this section.
    (iii) Average concentration of organic compounds containing halogens 
and hydrogen halides as measured by Method 26 or 26A of 40 CFR part 60, 
appendix A.
    (iv) Any other method or data that has been validated according to 
the applicable procedures in Method 301, 40 CFR part 63, appendix A.

[[Page 642]]

    (2) The annual mass emissions of halogen atoms for a batch front-end 
process vent shall be calculated using Equation 16.
[GRAPHIC] [TIFF OMITTED] TR19JN00.012

Where:

Ehalogen = Mass of halogen atoms, dry basis, kg/yr.
K = Constant, 0.022 (ppmv)-1 (kg-mole per scm) (min/yr), 
          where standard temperature is 20 [deg]C.
AFR = Annual average batch vent flow rate of the batch front-end process 
          vent, determined according to paragraph (e) of this section, 
          scmm.
Mj,i = Molecular weight of halogen atom i in compound j, kg/
          kg-mole.
Lj,i = Number of atoms of halogen i in compound j.
n = Number of halogenated compounds j in the batch front-end process 
          vent.
m = Number of different halogens i in each compound j of the batch 
          front-end process vent.
Cavgj = Annual average batch vent concentration of 
          halogenated compound j in the batch front-end process vent, as 
          determined by using Equation 17, dry basis, ppmv.

where:
[GRAPHIC] [TIFF OMITTED] TR19JN00.013

Where:

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

    (3) The annual mass emissions of halogen atoms for an aggregate 
batch vent stream shall be the sum of the annual mass emissions of 
halogen atoms for all batch front-end process vents included in the 
aggregate batch vent stream.
    (i) Process changes affecting Group 2 batch front-end process vents. 
Whenever process changes, as described in paragraph (i)(1) of this 
section, are made that affect one or more Group 2 batch front-end 
process vents and that could reasonably be expected to change one or 
more Group 2 batch front-end process vents to Group 1 batch front-end 
process vents or that could reasonably be expected to reduce the batch 
mass input limitation for one or more Group 2 batch front-end process 
vents, the owner or operator of the affected source shall comply with 
paragraphs (i)(2) and (i)(3) of this section.
    (1) Examples of process changes include the changes listed in 
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section.
    (i) For all batch front-end process vents, examples of process 
changes include, but are not limited to, changes in feedstock type or 
catalyst type; or whenever there is replacement, removal, or 
modification of recovery equipment considered part of the batch unit 
operation as specified in paragraph (a)(2) of this section; or increases 
in production capacity or production rate. For purposes of this 
paragraph, process changes do not include: Process upsets; 
unintentional, temporary process changes; and changes that are within 
the margin of variation on which the original group determination was 
based.
    (ii) For Group 2 batch front-end process vents where the group 
determination and batch mass input limitation are based on the expected 
mix of products, the situations described in paragraphs (i)(1)(ii)(A) 
and (B) of this section shall be considered to be process changes.
    (A) The production of combinations of products not considered in 
establishing the batch mass input limitation.
    (B) The production of a recipe of a product with a total mass of HAP

[[Page 643]]

charged to the reactor during the production of a single batch of 
product that is higher than the total mass of HAP for the recipe used as 
the single highest-HAP recipe for that product in the batch mass input 
limitation determination.
    (iii) For Group 2 batch front-end process vents where the group 
determination and batch mass input limitation are based on the single 
highest-HAP recipe (considering all products produced or processed in 
the batch unit operation), the production of a recipe having a total 
mass of HAP charged to the reactor (during the production of a single 
batch of product) that is higher than the total mass of HAP for the 
highest-HAP recipe used in the batch mass input limitation determination 
shall be considered to be a process change.
    (2) For each batch front-end process vent affected by a process 
change, the owner or operator shall redetermine the group status by 
repeating the procedures specified in paragraphs (b) through (g) of this 
section, as applicable. Alternatively, engineering assessment, as 
described in paragraph (b)(6)(i) of this section, may be used to 
determine the effects of the process change.
    (3) Based on the results of paragraph (i)(2) of this section, owners 
or operators of affected sources shall comply with either paragraph 
(i)(3)(i), (ii), or (iii) of this section.
    (i) If the group redetermination described in paragraph (i)(2) of 
this section indicates that a Group 2 batch front-end process vent has 
become a Group 1 batch front-end process vent as a result of the process 
change, the owner or operator of the affected source shall submit a 
report as specified in Sec. 63.492(b) and shall comply with the Group 1 
provisions in Sec. Sec. 63.487 through 63.492 in accordance with Sec. 
63.480(i)(2)(ii) or (i)(2)(iii), as applicable.
    (ii) If the redetermination described in paragraph (i)(2) of this 
section indicates that a Group 2 batch front-end process vent with 
annual emissions less than the applicable level specified in paragraph 
(d) of this section, and that is in compliance with Sec. 63.487(g), now 
has annual emissions greater than or equal to the applicable level 
specified by paragraph (d) of this section but remains a Group 2 batch 
front-end process vent, the owner or operator of the affected source 
shall comply with the provisions in paragraphs (i)(3)(ii)(A) through (C) 
of this section.
    (A) Redetermine the batch mass input limitation;
    (B) Submit a report as specified in Sec. 63.492(c); and
    (C) Comply with Sec. 63.487(f), beginning with the year following 
the submittal of the report submitted according to paragraph 
(i)(3)(ii)(B) of this section.
    (iii) If the group redetermination described in paragraph (i)(2) of 
this section indicates no change in group status or no change in the 
relation of annual emissions to the levels specified in paragraph (d) of 
this section, the owner or operator of the affected source shall comply 
with paragraphs (i)(3)(iii)(A) and (i)(3)(iii)(B) of this section.
    (A) The owner or operator shall redetermine the batch mass input 
limitation; and
    (B) The owner or operator shall submit the new batch mass input 
limitation in accordance with Sec. 63.492(c).

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



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

    (a) General requirements. Each owner or operator of a batch front-
end process vent or aggregate batch vent stream that uses a control 
device to comply with the requirements in Sec. 63.487(a)(2) or Sec. 
63.487(b)(2) shall install the monitoring equipment specified in 
paragraph (b) of this section. All monitoring equipment shall be 
installed, calibrated, maintained, and operated according to the 
manufacturer's specifications or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately.
    (1) This monitoring equipment shall be in operation at all times 
when batch emission episodes, or portions thereof, that the owner or 
operator has selected to control are vented to the control device, or at 
all times when an aggregate

[[Page 644]]

batch vent stream is vented to the control device.
    (2) Except as otherwise provided in this subpart, the owner or 
operator shall operate control devices such that the daily average of 
monitored parameters, established as specified in paragraph (e) of this 
section, remains above the minimum level or below the maximum level, as 
appropriate.
    (b) Batch front-end process vent and aggregate batch vent stream 
monitoring equipment. The monitoring equipment specified in paragraphs 
(b)(1) through (b)(8) of this section shall be installed as specified in 
paragraph (a) of this section. The parameters to be monitored are 
specified in Table 6 of this subpart.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is used, 
the temperature monitoring device shall be installed in the firebox or 
in the ductwork immediately downstream of the firebox in a position 
before any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used, a device (including, but not limited to, 
a thermocouple, ultra-violet beam sensor, or infrared sensor) capable of 
continuously detecting the presence of a pilot flame is required.
    (3) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, a temperature monitoring device in 
the firebox equipped with a continuous recorder is required. Any boiler 
or process heater in which all batch front-end process vents or 
aggregate batch vent streams are introduced with the primary fuel or are 
used as the primary fuel is exempt from this requirement.
    (4) Where a scrubber is used with an incinerator, boiler, or process 
heater in concert with the combustion of halogenated batch front-end 
process vents or halogenated aggregate batch vent streams, the following 
monitoring equipment is required for the scrubber:
    (i) A pH monitoring device equipped with a continuous recorder to 
monitor the pH of the scrubber effluent; and
    (ii) A flow measurement device equipped with a continuous recorder 
shall be located at the scrubber influent for liquid flow. Gas stream 
flow shall be determined using one of the procedures specified in 
paragraphs (b)(4)(ii)(A) through (b)(4)(ii)(C) of this section.
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for this subpart, the 
owner or operator may determine gas stream flow by the method that had 
been utilized to comply with those regulations. A determination that was 
conducted prior to the compliance date for this subpart may be utilized 
to comply with this subpart if it is still representative.
    (C) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method which will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method which will at least provide 
a value for either a representative or the highest gas stream flow 
anticipated in the scrubber during representative operating conditions. 
The plan shall include a description of the methodology to be followed 
and an explanation of how the selected methodology will reliably 
determine the gas stream flow, and a description of the records that 
will be maintained to document the determination of gas stream flow. The 
owner or operator shall maintain the plan as specified in Sec. 
63.506(a).
    (5) Where an absorber is used, a scrubbing liquid temperature 
monitoring device and a specific gravity monitoring device are required, 
each equipped with a continuous recorder.
    (6) Where a condenser is used, a condenser exit temperature (product 
side) monitoring device equipped with a continuous recorder is required.

[[Page 645]]

    (7) Where a carbon adsorber is used, an integrating regeneration 
steam flow, nitrogen flow, or pressure monitoring device having an 
accuracy of 10 percent of the flow rate, level, or 
pressure, or better, capable of recording the total regeneration steam 
flow or nitrogen flow, or pressure (gauge or absolute) for each 
regeneration cycle; and a carbon bed temperature monitoring device, 
capable of recording the carbon bed temperature after each regeneration 
and within 15 minutes of completing any cooling cycle are required.
    (8) As an alternate to paragraphs (b)(5) through (b)(7) of this 
section, the owner or operator may install an organic monitoring device 
equipped with a continuous recorder.
    (c) Alternative monitoring parameters. An owner or operator of a 
batch front-end process vent or aggregate batch vent stream may request 
approval to monitor parameters other than those required by paragraph 
(b) of this section. The request shall be submitted according to the 
procedures specified in Sec. 63.492(e) and Sec. 63.506(f). Approval 
shall be requested if the owner or operator:
    (1) Uses a control device other than those included in paragraph (b) 
of this section; or
    (2) Uses one of the control devices included in paragraph (b) of 
this section, but seeks to monitor a parameter other than those 
specified in Table 6 of this subpart and paragraph (b) of this section.
    (d) Monitoring of bypass lines. The owner or operator of a batch 
front-end process vent or aggregate batch vent stream using a vent 
system that contains bypass lines that could divert emissions away from 
a control device used to comply with Sec. 63.487(a) or Sec. 63.487(b) 
shall comply with either paragraph (d)(1) or (d)(2) of this section. 
Equipment such as low leg drains, high point bleeds, analyzer vents, 
open-ended valves or lines, and pressure relief valves needed for safety 
purposes are not subject to this paragraph (d).
    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.491(e)(3). The flow indicator shall 
be installed at the entrance to any bypass line that could divert 
emissions away from the control device and to the atmosphere; or
    (2) Secure the bypass line damper or valve in the non-diverting 
position with a car-seal or a lock-and-key type configuration. A visual 
inspection of the seal or closure mechanism shall be performed at least 
once every month to ensure that the damper or valve is maintained in the 
non-diverting position and emissions are not diverted through the bypass 
line. Records shall be generated as specified in Sec. 63.491(e)(4).
    (e) Establishment of parameter monitoring levels. Parameter 
monitoring levels for batch front-end process vents and aggregate batch 
vent streams shall be established as specified in paragraphs (e)(1) 
through (e)(3) of this section.
    (1) For each parameter monitored under paragraph (b) or (c) of this 
section, the owner or operator shall establish a level, defined as 
either a maximum or minimum operating parameter as denoted in Table 7 of 
this subpart, that indicates proper operation of the control device. The 
level shall be established in accordance with the procedures specified 
in Sec. 63.505. The level may be based upon a prior performance test 
conducted for determining compliance with a regulation promulgated by 
the EPA, and the owner or operator is not required to conduct a 
performance test under Sec. 63.490, provided that the prior performance 
test meets the conditions of Sec. 63.490(b)(3).
    (i) For batch front-end process vents using a control device to 
comply with Sec. 63.487(a)(2), the established level shall reflect the 
control efficiency established as part of the initial compliance 
demonstration specified in Sec. 63.490(c)(2).
    (ii) For aggregate batch vent streams using a control device to 
comply with Sec. 63.487(b)(2), the established level shall reflect the 
emission reduction requirement of either 90 percent or 20 ppmv specified 
in Sec. 63.487(b)(2).
    (2) The established level, along with supporting documentation, 
shall be submitted in the Notification of Compliance Status or the 
operating permit application as required in Sec. 63.506(e)(5) or Sec. 
63.506(e)(8), respectively.

[[Page 646]]

    (3) The operating day shall be defined as part of establishing the 
parameter monitoring level and shall be submitted with the information 
in paragraph (e)(2) of this section. The definition of operating day 
shall specify the time(s) at which an operating day begins and ends. The 
operating day shall not exceed 24 hours.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38059, June 19, 2000; 
66 FR 36928, July 16, 2001; 76 FR 22589, Apr. 21, 2011]



Sec. 63.490  Batch front-end process vents--performance test methods and 

procedures to determine compliance.

    (a) Use of a flare. When a flare is used to comply with Sec. 
63.487(a)(1) or Sec. 63.487(b)(1), the owner or operator of an affected 
source shall comply with Sec. 63.504(c).
    (b) Exceptions to performance tests. An owner or operator is not 
required to conduct a performance test when a control device specified 
in paragraphs (b)(1) through (b)(5) of this section is used to comply 
with Sec. 63.487(a)(2).
    (1) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (2) A boiler or process heater where the vent stream is introduced 
with the primary fuel or is used as the primary fuel.
    (3) A control device for which a performance test was conducted for 
determining compliance with a regulation promulgated by the EPA and the 
test was conducted using the same Methods specified in this section and 
either no deliberate process changes have been made since the test, or 
the owner or operator can demonstrate that the results of the 
performance test, with or without adjustments, reliably demonstrate 
compliance despite process changes.
    (4) A boiler or process heater burning hazardous waste for which the 
owner or operator:
    (i) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H; or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (5) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (c) Batch front-end process vent testing and procedures for 
compliance with Sec. 63.487(a)(2). Except as provided in paragraph (a) 
or (b) of this section, an owner or operator using a control device to 
comply with Sec. 63.487(a)(2) shall conduct a performance test using 
the procedures specified in paragraph (c)(1) of this section in order to 
determine the control efficiency of the control device. An owner or 
operator shall determine the percent reduction for the batch cycle using 
the control efficiency of the control device as specified in paragraphs 
(c)(2)(i) through (c)(2)(iii) of this section and the procedures 
specified in paragraph (c)(2) of this section. Compliance may be based 
on either total organic HAP or TOC. For purposes of this paragraph (c), 
the term ``batch emission episode'' shall have the meaning ``period of 
the batch emission episode selected for control,'' which may be the 
entire batch emission episode or may only be a portion of the batch 
emission episode.
    (1) Performance tests shall be conducted as specified in paragraphs 
(c)(1)(i) through (c)(1)(v) of this section.
    (i) Except as specified in paragraph (c)(1)(i)(A) of this section, a 
test shall be performed for the entire period of each batch emission 
episode in the batch cycle that the owner or operator selects to control 
as part of achieving the required 90 percent emission reduction for the 
batch cycle specified in Sec. 63.487(a)(2). Only one test is required 
for each batch emission episode selected by the owner or operator for 
control. The owner or operator shall follow the procedures listed in 
paragraphs (c)(1)(i)(B) through (c)(1)(i)(D) of this section.
    (A) Alternatively, an owner or operator may choose to test only 
those periods of the batch emission episode during which the emission 
rate for the entire episode can be determined or during which the 
emissions are greater than the average emission rate of the

[[Page 647]]

batch emission episode. The owner or operator choosing either of these 
options shall develop an emission profile for the entire batch emission 
episode, based on either process knowledge or test data collected, to 
demonstrate that test periods are representative. Examples of 
information that could constitute process knowledge include calculations 
based on material balances and process stoichiometry. Previous test 
results may be used, provided the results are still relevant to the 
current batch front-end process vent conditions.
    (B) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites if the flow measuring 
device is a pitot tube, except that references to particulate matter in 
Method 1A do not apply for the purposes of this subpart. No traverse is 
necessary when Method 2A or 2D, 40 CFR part 60, appendix A is used to 
determine gas stream volumetric flow rate. Inlet sampling sites shall be 
located as specified in paragraphs (c)(1)(i)(B)(1) and (c)(1)(i)(B)(2) 
of this section. Outlet sampling sites shall be located at the outlet of 
the final control device prior to release to the atmosphere.
    (1) The control device inlet sampling site shall be located at the 
exit from the batch unit operation before any control device. Section 
63.488(a)(2) describes those recovery devices considered part of the 
unit operation. Inlet sampling sites would be after these specified 
recovery devices.
    (2) If a batch process vent is introduced with the combustion air or 
as a secondary fuel into a boiler or process heater with a design 
capacity less than 44 megawatts, selection of the location of the inlet 
sampling sites shall ensure the measurement of total organic HAP or TOC 
(minus methane and ethane) concentrations in all batch front-end process 
vents and primary and secondary fuels introduced into the boiler or 
process heater.
    (C) Gas stream volumetric flow rate and/or average batch vent flow 
rate shall be determined as specified in Sec. 63.488(e).
    (D) Method 18 or Method 25A of 40 CFR part 60, appendix A, shall be 
used to determine the concentration of organic HAP or TOC, as 
appropriate. Alternatively, any other method or data that has been 
validated according to the applicable procedures in Method 301, 40 CFR 
part 63, appendix A, may be used. The use of Method 25A, 40 CFR part 60, 
appendix A shall conform with the requirements in paragraphs 
(c)(1)(i)(D)(1) and (c)(1)(i)(D)(2) of this section.
    (1) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (2) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (ii) If an integrated sample is taken over the entire batch emission 
episode to determine the average batch vent concentration of TOC or 
total organic HAP, emissions per batch emission episode shall be 
calculated using Equations 18 and 19.
[GRAPHIC] [TIFF OMITTED] TR19JN00.014

[GRAPHIC] [TIFF OMITTED] TR19JN00.015


[[Page 648]]


Where:

Eepisode = Inlet or outlet emissions, kg/episode.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm) 
          (kg/gm) (min/hr), where standard temperature is 20 [deg]C.
Cj = Average inlet or outlet concentration of TOC or sample 
          organic HAP component j of the gas stream for the batch 
          emission episode, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component 
          j of the gas stream, gm/gm-mole.
AFR = Average inlet or outlet flow rate of gas stream for the batch 
          emission episode, dry basis, scmm.
Th = Hours/episode.
n = Number of organic HAP in stream. Note: Summation is not applicable 
          if TOC emissions are being estimated using a TOC concentration 
          measured using Method 25A, 40 CFR part 60, appendix A.

    (iii) If grab samples are taken to determine the average batch vent 
concentration of TOC or total organic HAP, emissions shall be calculated 
according to paragraphs (c)(1)(iii)(A) and (c)(1)(iii)(B) of this 
section.
    (A) For each measurement point, the emission rates shall be 
calculated using Equations 20 and 21.
[GRAPHIC] [TIFF OMITTED] TR19JN00.016

[GRAPHIC] [TIFF OMITTED] TR19JN00.017

Where:

Epoint = Inlet or outlet emission rate for the measurement 
          point, kg/hr.
K = Constant, 2.494 x 10-6 (ppmv)-1 (gm-mole/scm) 
          (kg/gm) (min/hr), where standard temperature is 20 [deg]C.
Cj = Inlet or outlet concentration of TOC or sample organic 
          HAP component j of the gas stream, dry basis, ppmv.
Mj = Molecular weight of TOC or sample organic HAP component 
          j of the gas stream, gm/gm-mole.
FR = Inlet or outlet flow rate of gas stream for the measurement point, 
          dry basis, scmm.
n = Number of organic HAP in stream. Note: Summation is not applicable 
          if TOC emissions are being estimated using a TOC concentration 
          measured using Method 25A, 40 CFR part 60, appendix A.

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

[GRAPHIC] [TIFF OMITTED] TR05SE96.022

where:

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

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

Where:

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


[[Page 649]]


    (v) If the batch front-end process vent entering a boiler or process 
heater with a design capacity less than 44 megawatts is introduced with 
the combustion air or as a secondary fuel, the weight-percent reduction 
of total organic HAP or TOC across the device shall be determined by 
comparing the TOC or total organic HAP in all combusted batch front-end 
process vents and primary and secondary fuels with the TOC or total 
organic HAP, respectively, exiting the combustion device.
    (2) The percent reduction for the batch cycle shall be determined 
using Equation 25 and the control device efficiencies specified in 
paragraphs (c)(2)(i) through (c)(2)(iii) of this section. All 
information used to calculate the batch cycle percent reduction, 
including a definition of the batch cycle identifying all batch emission 
episodes, shall be recorded as specified in Sec. 63.491(b)(2). This 
information shall include identification of those batch emission 
episodes, or portions thereof, selected for control.
[GRAPHIC] [TIFF OMITTED] TR19JN00.018

Where:

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

    (i) If a performance test is required by paragraph (c) of this 
section, the control efficiency of the control device shall be as 
determined in paragraph (c)(1)(iv) of this section.
    (ii) If a performance test is not required by paragraph (c) of this 
section for a combustion control device, as specified in paragraph (b) 
of this section, the control efficiency of the control device shall be 
98 percent. The control efficiency for a flare shall be 98 percent.
    (iii) If a performance test is not required by paragraph (c) of this 
section for a noncombustion control device, the control efficiency shall 
be determined by the owner or operator based on engineering assessment.
    (d) Batch process vent and aggregate batch vent stream testing for 
compliance with Sec. 63.487(c) [halogenated emission streams]. An owner 
or operator controlling halogenated emissions in compliance with Sec. 
63.487(c) shall conduct a performance test to determine compliance with 
the control efficiency specified in Sec. 63.487(c)(1) or the emission 
limit specified in Sec. 63.487(c)(2) for hydrogen halides and halogens.
    (1) Sampling sites shall be located at the inlet and outlet of the 
scrubber or other halogen reduction device used to reduce halogen 
emissions in complying with Sec. 63.487(c)(1) or at the outlet of the 
halogen reduction device used to reduce halogen emissions in complying 
with Sec. 63.487(c)(2).
    (2) The mass emissions of each hydrogen halide and halogen compound 
for the batch cycle or aggregate batch vent stream shall be calculated 
from the measured concentrations and the gas stream flow rate(s) 
determined by the procedures specified in paragraphs (d)(2)(i) and 
(d)(2)(ii) of this section, except as specified in paragraph (d)(5) of 
this section.
    (i) Method 26 or Method 26A of 40 CFR part 60, appendix A, shall be 
used to determine the concentration, in Mg per dry scm, of total 
hydrogen halides

[[Page 650]]

and halogens present in the emissions stream.
    (ii) Gas stream volumetric flow rate and/or average batch vent flow 
rate shall be determined as specified in Sec. 63.488(e).
    (3) To determine compliance with the percent reduction specified in 
Sec. 63.487(c)(1), the mass emissions for any hydrogen halides and 
halogens present at the inlet of the scrubber or other halogen reduction 
device shall be summed together. The mass emissions of any hydrogen 
halides or halogens present at the outlet of the scrubber or other 
halogen reduction device shall be summed together. Percent reduction 
shall be determined by subtracting the outlet mass emissions from the 
inlet mass emissions and then dividing the result by the inlet mass 
emissions and multiplying by 100.
    (4) To determine compliance with the emission limit specified in 
Sec. 63.487(c)(2), the annual mass emissions for any hydrogen halides 
and halogens present at the outlet of the halogen reduction device and 
prior to any combustion device shall be summed together and compared to 
the emission limit specified in Sec. 63.487(c)(2).
    (5) The owner or operator may use any other method to demonstrate 
compliance if the method or data has been validated according to the 
applicable procedures of Method 301, 40 CFR part 63, appendix A.
    (e) Aggregate batch vent stream testing for compliance with Sec. 
63.487(b)(2). Except as specified in paragraphs (e)(1) through (e)(3) of 
this section, owners or operators of aggregate batch vent streams 
complying with Sec. 63.487(b)(2) shall conduct a performance test using 
the performance testing procedures for continuous front-end process 
vents in Sec. 63.116(c).
    (1) For the purposes of this subpart, when the provisions of Sec. 
63.116(c) specify that Method 18, 40 CFR part 60, appendix A shall be 
used, Method 18 or Method 25A, 40 CFR part 60, appendix A may be used. 
The use of Method 25A, 40 CFR part 60, appendix A shall conform with the 
requirements in paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (2) When Sec. 63.116(c)(4) refers to complying with an emission 
reduction of 98 percent, for the purposes of this subpart, the 90 
percent reduction requirement specified in Sec. 63.487(b)(2) shall 
apply.
    (3) When a combustion device is used to comply with the 20 parts per 
million by volume outlet concentration standard specified in Sec. 
63.487(b)(2), the correction to 3 percent oxygen specified in the 
performance testing procedures of Sec. 63.116(c)(3) and (c)(3)(iii) is 
only required when supplemental combustion air is used to combust the 
emissions, for the purposes of this subpart.
    (f) Batch mass input limitation. The batch mass input limitation 
required by Sec. 63.487(g)(1) shall be determined by the owner or 
operator such that annual emissions for the batch front-end process vent 
remain less than the level specified in Sec. 63.488(d). The batch mass 
input limitation required by Sec. 63.487(f)(1) shall be determined by 
the owner or operator such that annual emissions remain at a level that 
ensures that the batch front-end process vent remains a Group 2 batch 
front-end process vent, given the actual annual flow rate for that batch 
front-end process vent determined according to Sec. 63.488(e)(3). The 
batch mass input limitation shall be determined using the same basis, as 
described in Sec. 63.488(a)(1), used to make the group determination 
(i.e., expected mix of products or highest-HAP recipe). The 
establishment of the batch mass input limitation is not dependent upon 
any past production or activity level.
    (1) If the expected mix of products serves as the basis for the 
batch mass input limitation, the batch mass input limitation shall be 
determined based on any foreseeable combination of products that the 
owner or operator expects to manufacture.

[[Page 651]]

    (2) If the single highest-HAP recipe serves as the basis for the 
batch mass input limitation, the batch mass input limitation shall be 
determined based solely on the production of the single highest-HAP 
recipe, considering all products produced or processed in the batch unit 
operation.

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



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

    (a) Group determination records for batch front-end process vents. 
Except as provided in paragraphs (a)(7) and (a)(8) of this section, each 
owner or operator of an affected source shall maintain the records 
specified in paragraphs (a)(1) through (a)(6) of this section for each 
batch front-end process vent subject to the group determination 
procedures of Sec. 63.488. Except for paragraph (a)(1) of this section, 
the records required to be maintained by this paragraph are limited to 
the information developed and used to make the group determination under 
Sec. Sec. 63.488(b) through 63.488(g), as appropriate. If an owner or 
operator did not need to develop certain information (e.g., annual 
average batch vent flow rate) to determine the group status, this 
paragraph does not require that additional information be developed. 
Paragraph (a)(9) of this section specifies the recordkeeping 
requirements for Group 2 batch front-end process vents that are exempt 
from the batch mass input limitation provisions, as allowed under Sec. 
63.487(h).
    (1) An identification of each unique product that has emissions from 
one or more batch emission episodes venting from the batch front-end 
process vent, along with an identification of the single highest-HAP 
recipe for each product and the mass of HAP fed to the reactor for that 
recipe.
    (2) A description of, and an emission estimate for, each batch 
emission episode, and the total emissions associated with one batch 
cycle, as described in either paragraph (a)(2)(i) or (a)(2)(ii) of this 
section, as appropriate.
    (i) If the group determination is based on the expected mix of 
products, records shall include the emission estimates for the single 
highest-HAP recipe of each unique product identified in paragraph (a)(1) 
of this section that was considered in making the group determination 
under Sec. 63.488.
    (ii) If the group determination is based on the single highest-HAP 
recipe (considering all products produced or processed in the batch unit 
operation), records shall include the emission estimates for the single 
highest-HAP recipe.
    (3) Total annual uncontrolled TOC or organic HAP emissions, 
determined at the exit from the batch unit operation before any emission 
control, as determined in accordance with Sec. 63.488(b).
    (i) For Group 2 batch front-end process vents, emissions shall be 
determined at the batch mass input limitation.
    (ii) For Group 1 batch front-end process vents, emissions shall be 
those used to determine the group status of the batch front-end process 
vent.
    (4) The annual average batch vent flow rate for the batch front-end 
process vent as determined in accordance with Sec. 63.488(e).
    (5) The cutoff flow rate, determined in accordance with Sec. 
63.488(f).
    (6) The results of the batch front-end process vent group 
determination, conducted in accordance with Sec. 63.488(g).
    (7) If a batch front-end process vent is subject to Sec. 63.487(a) 
or Sec. 63.487(b), none of the records in paragraphs (a)(1) through 
(a)(6) of this section are required.
    (8) If the total annual emissions from the batch front-end process 
vent during the group determination are less than the appropriate level 
specified in Sec. 63.488(d), only the records in paragraphs (a)(1) 
through (a)(3) of this section are required.
    (9) For each Group 2 batch front-end process vent that is exempt 
from the batch mass input limitation provisions because it meets the 
criteria of Sec. 63.487(h), the records specified in paragraphs 
(a)(9)(i) and (ii) shall be maintained.
    (i) Documentation of the maximum design capacity of the EPPU; and
    (ii) The mass of HAP or material that can be charged annually to the 
batch

[[Page 652]]

unit operation at the maximum design capacity.
    (b) Compliance demonstration records. Each owner or operator of a 
batch front-end process vent or aggregate batch vent stream complying 
with Sec. 63.487(a) or (b), shall keep the following records, as 
applicable, readily accessible:
    (1) The annual mass emissions of halogen atoms in the batch front-
end process vent or aggregate batch vent stream determined according to 
the procedures specified in Sec. 63.488(h).
    (2) If the owner or operator of a batch front-end process vent has 
chosen to comply with Sec. 63.487(a)(2), records documenting the batch 
cycle percent reduction as specified in Sec. 63.490(c)(2).
    (3) When using a flare to comply with Sec. 63.487(a)(1):
    (i) The flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.504(c); and
    (iii) Periods when all pilot flames were absent.
    (4) The following information when using a control device to meet 
the percent reduction requirement specified in Sec. 63.487 (a)(2) or 
(b)(2):
    (i) For an incinerator or non-combustion control device, the percent 
reduction of organic HAP or TOC achieved, as determined using the 
procedures specified in Sec. 63.490(c) for batch front-end process 
vents and Sec. 63.490(e) for aggregate batch vent streams;
    (ii) For a boiler or process heater, a description of the location 
at which the vent stream is introduced into the boiler or process 
heater;
    (iii) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts and where the process vent stream is 
introduced with combustion air or is used as a secondary fuel and is not 
mixed with the primary fuel, the percent reduction of organic HAP or TOC 
achieved, as determined using the procedures specified in Sec. 
63.490(c) for batch front-end process vents and Sec. 63.490(e) for 
aggregate batch vent streams; and
    (iv) For a scrubber or other halogen reduction device following a 
combustion device to control halogenated batch front-end process vents 
or halogenated aggregate batch vent streams, the percent reduction of 
total hydrogen halides and halogens, as determined under Sec. 
63.490(d)(3) or the emission limit determined under Sec. 63.490(d)(4).
    (5) When complying with the 20 parts per million by volume outlet 
concentration standard specified in Sec. 63.487(b)(2), records of the 
outlet concentration of organic HAP or TOC on a dry basis. If 
supplemental combustion air is used to combust the emissions, the outlet 
concentration shall be corrected to 3 percent oxygen. If supplemental 
combustion air is not used, a correction to 3 percent oxygen is not 
required.
    (c) Establishment of parameter monitoring level records. For each 
parameter monitored according to Sec. 63.489(b) and Table 6 of this 
subpart, or for alternate parameters and/or parameters for alternate 
control devices monitored according to Sec. 63.492(e) as allowed under 
Sec. 63.489(c), maintain documentation showing the establishment of the 
level that indicates proper operation of the control device as required 
by Sec. 63.489(e) for parameters specified in Sec. 63.489(b) and as 
required by Sec. 63.506(f) for alternate parameters. This documentation 
shall include the parameter monitoring data used to establish the level.
    (d) Group 2 batch front-end process vent continuous compliance 
records. The owner or operator of a Group 2 batch front-end process vent 
shall comply with either paragraph (d)(1) or (d)(2) of this section, as 
appropriate.
    (1) The owner or operator of a Group 2 batch front-end process vent 
required to comply with Sec. 63.487(g) shall keep the following records 
readily accessible:
    (i) Records designating the established batch mass input limitation 
required by Sec. 63.487(g)(1) and specified in Sec. 63.490(f).
    (ii) Records specifying the mass of HAP or material charged to the 
batch unit operation.
    (2) The owner or operator of a Group 2 batch front-end process vent 
complying with Sec. 63.487(f) shall keep the following records readily 
accessible:

[[Page 653]]

    (i) Records designating the established batch mass input limitation 
required by Sec. 63.487(f)(1) and specified in Sec. 63.490(f).
    (ii) Records specifying the mass of HAP or material charged to the 
batch unit operation.
    (e) Controlled batch front-end process vent continuous compliance 
records. Each owner or operator of a batch front-end process vent that 
has chosen to use a control device to comply with Sec. 63.487(a) shall 
keep the following records readily accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.489(b) as applicable, and 
listed in Table 6 of this subpart, or specified by the Administrator in 
accordance with Sec. 63.492(e) as allowed under Sec. 63.489(c). These 
records shall be kept as specified under Sec. 63.506(d), except as 
specified in paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
    (i) For flares, the records specified in Table 6 of this subpart 
shall be maintained in place of continuous records.
    (ii) For carbon adsorbers, the records specified in Table 6 of this 
subpart shall be maintained in place of batch cycle daily averages.
    (2) Records of the batch cycle daily average value of each 
continuously monitored parameter, except as provided in paragraphs 
(e)(2)(iii) of this section, as calculated using the procedures 
specified in paragraphs (e)(2)(i) and (e)(2)(ii) of this section.
    (i) The batch cycle daily average shall be calculated as the average 
of all parameter values measured for an operating day during those batch 
emission episodes, or portions thereof, in the batch cycle that the 
owner or operator has selected to control.
    (ii) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the batch cycle 
daily averages. In addition, monitoring data recorded during periods of 
non-operation of the EPPU (or specific portion thereof) resulting in 
cessation of organic HAP emissions shall not be included in computing 
the batch cycle daily averages.
    (iii) If all recorded values for a monitored parameter during an 
operating day are above the minimum or below the maximum level 
established in accordance with Sec. 63.489(e), the owner or operator 
may record that all values were above the minimum or below the maximum 
level established, rather than calculating and recording a batch cycle 
daily average for that operating day.
    (3) Hourly records of whether the flow indicator for bypass lines 
specified under Sec. 63.489(d)(1) was operating and whether a diversion 
was detected at any time during the hour. Also, records of the times of 
all periods when the vent is diverted from the control device, or the 
flow indicator specified in Sec. 63.489(d)(1) is not operating.
    (4) Where a seal or closure mechanism is used to comply with Sec. 
63.489(d)(2), hourly records of whether a diversion was detected at any 
time are not required.
    (i) For compliance with Sec. 63.489(d)(2), the owner or operator 
shall record whether the monthly visual inspection of the seals or 
closure mechanism has been done, and shall record the occurrence of all 
periods when the seal mechanism is broken, the bypass line damper or 
valve position has changed, or the key for a lock-and-key type 
configuration has been checked out, and records of any car-seal that has 
been broken.
    (ii) [Reserved]
    (5) Records specifying the times and duration of periods of 
monitoring system breakdowns, repairs, calibration checks, and zero 
(low-level) and high level adjustments. In addition, records specifying 
any other periods of process or control device operation when monitors 
are not operating.
    (f) Aggregate batch vent stream continuous compliance records. In 
addition to the records specified in paragraphs (b) and (c) of this 
section, each owner or operator of an aggregate batch vent stream using 
a control device to comply with Sec. 63.487(b)(1) or (b)(2) shall keep 
the following records readily accessible:.
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.489(b) and listed in Table 6 of 
this subpart, as applicable, or specified by the Administrator in 
accordance with Sec. 63.492(e), as

[[Page 654]]

allowed under Sec. 63.489(c), with the exceptions listed in paragraphs 
(f)(1)(i) and (f)(1)(ii) of this section.
    (i) For flares, the records specified in Table 6 of this subpart 
shall be maintained in place of continuous records.
    (ii) For carbon adsorbers, the records specified in Table 6 of this 
subpart shall be maintained in place of daily averages.
    (2) Records of the daily average value of each continuously 
monitored parameter for each operating day determined according to the 
procedures specified in Sec. 63.506(d).
    (3) For demonstrating compliance with the monitoring of bypass lines 
as specified in Sec. 63.489(d), records as specified in paragraph 
(e)(3) or (e)(4) of this section, as appropriate.
    (g) Documentation supporting the establishment of the batch mass 
input limitation shall include the information specified in paragraphs 
(g)(1) through (g)(5) of this section, as appropriate.
    (1) Identification of whether the purpose of the batch mass input 
limitation is to comply with Sec. 63.487(f)(1) or (g)(1).
    (2) Identification of whether the batch mass input limitation is 
based on the single highest-HAP recipe (considering all products) or on 
the expected mix of products for the batch front-end process vent as 
allowed under Sec. 63.488(a)(1).
    (3) Definition of the operating year, for the purposes of 
determining compliance with the batch mass input limitation.
    (4) If the batch mass input limitation is based on the expected mix 
of products, the owner or operator shall provide documentation that 
describes as many scenarios for differing mixes of products (i.e., how 
many of each type of product) as the owner or operator desires the 
flexibility to accomplish. Alternatively, the owner or operator shall 
provide a description of the relationship among the mix of products that 
will allow a determination of compliance with the batch mass input 
limitation under any number of scenarios.
    (5) The mass of HAP or material allowed to be charged to the batch 
unit operation per year under the batch mass input limitation.

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11542, Mar. 9, 1999; 65 
FR 38063, June 19, 2000; 76 FR 22589, Apr. 21, 2011]



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

    (a) The owner or operator of a batch front-end process vent or 
aggregate batch vent stream at an affected source shall submit the 
information specified in paragraphs (a)(1) through (a)(6) of this 
section, as appropriate, as part of the Notification of Compliance 
Status specified in Sec. 63.506(e)(5).
    (1) For each batch front-end process vent complying with Sec. 
63.487(a) and each aggregate batch vent stream complying with Sec. 
63.487(b), the information specified in Sec. 63.491(b) and Sec. 
63.491(c), as applicable.
    (2) For each Group 2 batch front-end process vent with annual 
emissions less than the level specified in Sec. 63.488(d), the 
information specified in Sec. 63.491(d)(1)(i).
    (3) For each Group 2 batch front-end process vent with annual 
emissions greater than or equal to the level specified in Sec. 
63.488(d), the information specified in Sec. 63.491(d)(2)(i).
    (4) For each batch process vent subject to the group determination 
procedures, the information specified in Sec. 63.491(a), as 
appropriate.
    (5) For each Group 2 batch front-end process vent that is exempt 
from the batch mass input limitation provisions because it meets the 
criteria of Sec. 63.487(h), the information specified in Sec. 
63.491(a)(1) through (3), and the information specified in Sec. 
63.491(a)(4) through (6) as applicable, calculated at the conditions 
specified in Sec. 63.487(h).
    (6) When engineering assessment has been used to estimate emissions 
from a batch emissions episode and the criteria specified in Sec. 
63.488(b)(6)(i)(A) or (B) have been met, the owner or operator shall 
submit the information demonstrating that the criteria specified in 
Sec. 63.488(b)(6)(i)(A) or (B) have been met as part of the 
Notification of Compliance Status required by Sec. 63.506(e)(5).
    (b) Whenever a process change, as defined in Sec. 63.488(i)(1), is 
made that causes a Group 2 batch front-end process vent to become a 
Group 1 batch

[[Page 655]]

front-end process vent, the owner or operator shall notify the 
Administrator and submit a description of the process change within 180 
days after the process change is made or with the next Periodic Report, 
whichever is later. The owner or operator of an affected source shall 
comply with the Group 1 batch front-end process vent provisions in 
Sec. Sec. 63.486 through 63.492 in accordance with Sec. 
63.480(i)(2)(ii).
    (c) Whenever a process change, as defined in Sec. 63.488(i)(1), is 
made that causes a Group 2 batch front-end process vent with annual 
emissions less than the level specified in Sec. 63.488(d) for which the 
owner or operator is required to comply with Sec. 63.487(g) to have 
annual emissions greater than or equal to the level specified in Sec. 
63.488(d) but remains a Group 2 batch front-end process vent, or if a 
process change is made that requires the owner or operator to 
redetermine the batch mass input limitation as specified in Sec. 
63.488(i)(3), the owner or operator shall submit a report within 180 
days after the process change is made or with the next Periodic Report, 
whichever is later. The following information shall be submitted:
    (1) A description of the process change;
    (2) The batch mass input limitation determined in accordance with 
Sec. 63.487(f)(1).
    (d) The owner or operator is not required to submit a report of a 
process change if one of the conditions specified in paragraphs (d)(1) 
or (d)(2) of this section is met.
    (1) The change does not meet the description of a process change in 
Sec. 63.488(i).
    (2) The redetermined group status remains Group 2 for an individual 
batch front-end process vent with annual emissions greater than or equal 
to the level specified in Sec. 63.488(d) and the batch mass input 
limitation does not decrease, or a Group 2 batch front-end process vent 
with annual emissions less than the level specified in Sec. 63.488(d) 
complying with Sec. 63.487(g) continues to have emissions less than the 
level specified in Sec. 63.488(d) and the batch mass input limitation 
does not decrease.
    (e) If an owner or operator uses a control device other than those 
specified in Sec. 63.489(b) and listed in Table 6 of this subpart or 
requests approval to monitor a parameter other than those specified in 
Sec. 63.489(b) and listed in Table 6 of this subpart, the owner or 
operator shall submit a description of planned reporting and 
recordkeeping procedures, as specified in Sec. 63.506(f), as part of 
the Precompliance Report as required under Sec. 63.506(e)(3). The 
Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the Precompliance Report.
    (f) Owners or operators of affected sources complying with Sec. 
63.489(d), shall comply with paragraph (f)(1) or (f)(2) of this section, 
as appropriate.
    (1) Submit reports of the times of all periods recorded under Sec. 
63.491(e)(3) when the batch front-end process vent is diverted away from 
the control device through a bypass line, with the next Periodic Report.
    (2) Submit reports of all occurrences recorded under Sec. 
63.491(e)(4) in which the seal mechanism is broken, the bypass line 
damper or valve position has changed, or the key to unlock the bypass 
line damper or valve was checked out, with the next Periodic Report.

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



Sec. 63.493  Back-end process provisions.

    Owners and operators of new and existing affected sources shall 
comply with the requirements in Sec. Sec. 63.494 through 63.500. Owners 
and operators of affected sources whose only elastomer products are 
latex products, liquid rubber products, or products produced in a gas-
phased reaction process, are not subject to the provisions of Sec. Sec. 
63.494 through 63.500. If latex or liquid rubber products are produced 
in an affected source that also produces another elastomer product, the 
provisions of Sec. Sec. 63.494 through 63.500 do not apply to the back-
end operations dedicated to the production of one or more latex 
products, or to the back-end operations during the production of a latex 
product. Table 8 to this subpart contains a summary of compliance 
alternative requirements for the emission limits in

[[Page 656]]

Sec. 63.494(a)(1)-(3) and associated requirements.

[76 FR 22589, Apr. 21, 2011]



Sec. 63.494  Back-end process provisions--residual organic HAP and emission 

limitations.

    (a) The monthly weighted average residual organic HAP content of all 
grades of styrene butadiene rubber produced by the emulsion process, 
polybutadiene rubber and styrene butadiene rubber produced by the 
solution process, and ethylene-propylene rubber produced by the solution 
process that is processed, shall be measured after the stripping 
operation (or the reactor(s), if the plant has no stripper(s)), as 
specified in Sec. 63.495(d), and shall not exceed the limits provided 
in paragraphs (a)(1) through (3) of this section, as applicable. Owners 
or operators of these affected sources shall comply with the 
requirements of paragraphs (a)(1) through (3) of this section using 
either stripping technology, or control or recovery devices. The organic 
HAP emissions from all back-end process operations at affected sources 
producing butyl rubber, epichlorohydrin elastomer, neoprene, and nitrile 
butadiene rubber shall not exceed the limits determined in accordance 
with paragraph (a)(4) of this section, as applicable.
    (1) For styrene butadiene rubber produced by the emulsion process:
    (i) A monthly weighted average of 0.40 kg styrene per megagram (Mg) 
latex for existing affected sources; and
    (ii) A monthly weighted average of 0.23 kg styrene per Mg latex for 
new sources;
    (2) For polybutadiene rubber and styrene butadiene rubber produced 
by the solution process:
    (i) A monthly weighted average of 10 kg total organic HAP per Mg 
crumb rubber (dry weight) for existing affected sources; and
    (ii) A monthly weighted average of 6 kg total organic HAP per Mg 
crumb rubber (dry weight) for new sources.
    (3) For ethylene-propylene rubber produced by the solution process:
    (i) A monthly weighted average of 8 kg total organic HAP per Mg 
crumb rubber (dry weight) for existing affected sources; and
    (ii) A monthly weighted average of 5 kg total organic HAP per Mg 
crumb rubber (dry weight) for new sources.
    (4) The organic HAP emissions from back-end processes at affected 
sources producing butyl rubber, epichlorohydrin elastomer, neoprene, and 
nitrile butadiene rubber shall not exceed the limits determined in 
accordance with paragraphs (a)(4)(i) through (iv) of this section for 
any consecutive 12-month period. The specific limitation for each 
elastomer type shall be determined based on the calculation or the 
emissions level provided in paragraphs (a)(4)(i) through (iv) of this 
section divided by the base year elastomer product that leaves the 
stripping operation (or the reactor(s), if the plant has no 
stripper(s)). The limitation shall be calculated and submitted in 
accordance with Sec. 63.499(f)(1).
    (i) For butyl rubber, the organic HAP emission limitation shall be 
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR21AP11.003

Where:

Be2009 = Bypass emissions in 2009, Mg/yr
BREL = Butyl rubber emission limit, Mg organic HAP emissions/Mg butyl 
          rubber produced
Ce2009 = Controlled emissions in 2009, Mg/yr
P2009 = Total elastomer product leaving the stripper in 2009, 
          Mg/yr
UCe2009 = Uncontrolled emissions in 2009, Mg/yr
1.35 = variability factor, unitless

    (ii) For epichlorohydrin elastomer, the organic HAP emission 
limitation, in units of Mg organic HAP emissions per Mg of 
epichlorohydrin elastomer

[[Page 657]]

produced, shall be calculated by dividing 51 Mg/yr by the mass of 
epichlorohydrin elastomer produced in 2009, in Mg.
    (iii) For neoprene, the organic HAP emission limitation, in units of 
Mg organic HAP emissions per Mg of neoprene produced, shall be 
calculated by dividing 30 Mg/yr by the mass of neoprene produced in 
2007, in Mg.
    (iv) For nitrile butadiene rubber, the organic HAP emission 
limitation, in units of Mg organic HAP emissions per Mg of nitrile 
butadiene rubber produced, shall be calculated by dividing 2.4 Mg/yr by 
the mass of nitrile butadiene rubber produced in 2009, in Mg.
    (5) For EPPU that produce both an elastomer product with a residual 
organic HAP limitation listed in paragraphs (a)(1) through (3) of this 
section, and a product listed in paragraphs (a)(5)(i) through (iv) of 
this section, only the residual HAP content of the elastomer product 
with a residual organic HAP limitation shall be used in determining the 
monthly average residual organic HAP content.
    (i) Resins;
    (ii) Liquid rubber products;
    (iii) Latexes from which crumb rubber is not coagulated; or
    (iii) Elastomer products listed in paragraph (a)(4) of this section.
    (6) There are no back-end process operation residual organic HAP or 
emission limitations for Hypalon \TM\ and polysulfide rubber production. 
There are also no back-end process operation residual organic HAP 
limitations for latex products, liquid rubber products, products 
produced in a gas-phased reaction process, styrene butadiene rubber 
produced by any process other than a solution or emulsion process, 
polybutadiene rubber produced by any process other than a solution 
process, or ethylene-propylene rubber produced by any process other than 
a solution process.
    (b) If an owner or operator complies with the residual organic HAP 
limitations in paragraph (a)(1) through (3) of this section using 
stripping technology, compliance shall be demonstrated in accordance 
with Sec. 63.495. The owner or operator shall also comply with the 
recordkeeping provisions in Sec. 63.498, and the reporting provisions 
in Sec. 63.499.
    (c) If an owner or operator complies with the residual organic HAP 
limitations in paragraph (a)(1) through (3) of this section using 
control or recovery devices, compliance shall be demonstrated using the 
procedures in Sec. 63.496. The owner or operator shall also comply with 
the monitoring provisions in Sec. 63.497, the recordkeeping provisions 
in Sec. 63.498, and the reporting provisions in Sec. 63.499.
    (d) If the owner or operator complies with the residual organic HAP 
limitations in paragraph (a)(1) through (3) of this section using a 
flare, the owner or operator of an affected source shall comply with the 
requirements in Sec. 63.504(c).

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38065, June 19, 2000; 
76 FR 22589, Apr. 21, 2011]



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

with residual organic HAP limitations using stripping technology and organic 

HAP emissions limitations.

    (a) If an owner or operator complies with the residual organic HAP 
limitations in Sec. 63.494(a)(1) through (3) using stripping 
technology, compliance shall be demonstrated using the periodic sampling 
procedures in paragraph (b) of this section, or using the stripper 
parameter monitoring procedures in paragraph (c) of this section. The 
owner or operator shall determine the monthly weighted average residual 
organic HAP content for each month in which any portion of the back-end 
of an elastomer production process is in operation. A single monthly 
weighted average shall be determined for all back-end process operations 
at the affected source.
    (b) If the owner or operator is demonstrating compliance using 
periodic sampling, this demonstration shall be in accordance with 
paragraphs (b)(1) through (b)(5) of this section,
    (1) The location of the sampling shall be in accordance with 
paragraph (d) of this section.
    (2) The frequency of the sampling shall be in accordance with 
paragraphs (b)(2)(i) or (b)(2)(ii) of this section.

[[Page 658]]

    (i) If a stripper operated in batch mode is used, at least one 
representative sample is to be taken from every batch of elastomer 
produced, at the location specified in paragraph (d) of this section, 
and identified by elastomer type and by the date and time the batch is 
completed.
    (ii) If a stripper operated in continuous mode is used, at least one 
representative sample is to be taken each operating day. The sample is 
to be taken at the location specified in paragraph (d) of this section, 
and identified by elastomer type and by the date and time the sample was 
taken.
    (3) The residual organic HAP content in each sample is to be 
determined using the Methods specified in paragraph (e) of this section.
    (4) The quantity of material (weight of latex or dry crumb rubber) 
represented by each sample shall be recorded. Acceptable methods of 
determining this quantity are production records, measurement of stream 
characteristics, and engineering calculations.
    (5) The monthly weighted average shall be determined using the 
equation in paragraph (f) of this section. All representative samples 
taken and analyzed during the month shall be used in the determination 
of the monthly weighted average.
    (c) If the owner or operator is demonstrating compliance using 
stripper parameter monitoring, this demonstration shall be in accordance 
with paragraphs (c)(1) through (c)(4) of this section.
    (1) The owner or operator shall establish stripper operating 
parameter levels for each grade in accordance with Sec. 63.505(e).
    (2) The owner or operator shall monitor the stripper operating 
parameters at all times the stripper is in operation. Readings of each 
parameter shall be made at intervals no greater than 15 minutes.
    (3) The residual organic HAP content for each grade shall be 
determined in accordance with either paragraph (c)(3)(i) or (c)(3)(ii) 
of this section.
    (i) If during the processing of a grade in the stripper, all hourly 
average parameter values are in accordance with operating parameter 
levels established in paragraph (c)(1) of this section, the owner or 
operator shall use the residual organic HAP content determined in 
accordance with Sec. 63.505(e)(1).
    (ii) If during the processing of a grade in the stripper, the hourly 
average of any stripper monitoring parameter is not in accordance with 
an established operating parameter level, the residual organic HAP 
content shall be determined using the procedures in paragraphs (b)(1) 
and (b)(3) of this section.
    (4) The monthly weighted average shall be determined using the 
equation in paragraph (f) of this section.
    (d) The location of the sampling shall be in accordance with 
paragraph (d)(1) or (d)(2) of this section.
    (1) For styrene butadiene rubber produced by the emulsion process, 
the sample shall be a sample of the latex taken at the location 
specified in either paragraph (d)(1)(i), (d)(1)(ii), or (d)(1)(iii) of 
this section.
    (i) When the latex is not blended with other materials or latexes, 
the sample shall be taken at a location meeting all of the following 
criteria:
    (A) After the stripping operation,
    (B) Prior to entering the coagulation operations, and
    (C) Before the addition of carbon black or oil extenders.
    (ii) When two or more latexes subject to this subpart are blended, 
samples may be taken in accordance with either paragraph (d)(1)(ii) (A) 
or (B) of this section, at a location meeting the requirements of 
paragraphs (d)(1)(i) (A) through (C) of this section.
    (A) Individual samples may be taken of each latex prior to blending, 
or
    (B) A sample of the blended latex may be taken.
    (iii) When a latex subject to this subpart is blended with a latex 
or material not subject to this subpart, a sample shall be taken of the 
latex prior to blending at a location meeting the requirements of 
paragraphs (d)(1)(i) (A) through (C) of this section.
    (2) For styrene butadiene rubber produced by the solution process, 
polybutadiene rubber produced by the solution process, and ethylene-
propylene rubber produced by the solution process, the sample shall be a 
sample of crumb rubber taken as soon as safe and feasible after the 
stripping operation,

[[Page 659]]

but no later than the entry point for the first unit operation following 
the stripper (e.g., the dewatering screen).
    (e) The residual organic HAP content in each sample is to be 
determined using the methods specified in paragraphs (e)(1) through 
(e)(5) of this section, as applicable.
    (1) For styrene butadiene rubber produced by the emulsion process, 
either Method 312a, 312b, or 312c of 40 CFR part 63, appendix A, shall 
be used.
    (2) For styrene butadiene rubber produced by the solution process, 
either Method 313a or 313b of 40 CFR part 63, appendix A, shall be used.
    (3) For polybutadiene rubber produced by the solution process, 
either Method 313a or 313b of 40 CFR part 63, appendix A, shall be used.
    (4) For ethylene-propylene rubber produced by the solution process, 
either Method 310a, 310b, or 310c of 40 CFR part 63, appendix A, shall 
be used.
    (5) Alternatively, any other method that has been validated 
according to the applicable procedures in Method 301 of 40 CFR part 63, 
appendix A, may be used.
    (f) The monthly weighted average residual organic HAP content shall 
be calculated using Equation 26.
[GRAPHIC] [TIFF OMITTED] TR19JN00.019

Where:

HAPCONTavg,mo = Monthly weighted average organic HAP content 
          for all rubber processed at the affected source, kg organic 
          HAP per Mg latex or dry crumb rubber.
n = Number of samples in the month.
Ci = Residual organic HAP content of sample i, determined in 
          accordance with paragraph (b)(3) or (c)(3) of this section, kg 
          organic HAP per Mg latex or dry crumb rubber.
Pi = Weight of latex or dry crumb rubber represented by 
          sample i.
Pmo = Weight of latex or dry crumb rubber (Mg) processed in 
          the month.
    (g) Compliance with the organic HAP emission limitations determined 
in accordance with Sec. 63.494(a)(4) shall be demonstrated in 
accordance with paragraphs (g)(1) through (5) of this section.
    (1) Calculate your organic HAP emission limitation in accordance 
with Sec. 63.494(a)(4)(i) through (iv), as applicable, record it, and 
submit it in accordance with Sec. 63.499(f)(1).
    (2) Each month, calculate and record the organic HAP emissions from 
all back-end process operations using engineering assessment. 
Engineering assessment includes, but is not limited to, the following:
    (i) Previous test results, provided the test was representative of 
current operating practices.
    (ii) Bench-scale or pilot-scale test data obtained under conditions 
representative of current process operating conditions.
    (iii) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (A) Use of material balances;
    (B) Estimation of flow rate based on physical equipment design, such 
as pump or blower capacities;
    (C) Estimation of organic HAP concentrations based on saturation 
conditions; and
    (D) Estimation of organic HAP concentrations based on grab samples 
of the liquid or vapor.
    (3) Each month, record the mass of elastomer product produced.
    (4) Each month, calculate and record the sums of the organic HAP 
emissions and the mass of elastomer produced for the previous calendar 
12-month period.
    (5) Each month, divide the total mass of organic HAP emitted for the 
previous calendar 12-month period by the total mass of elastomer 
produced during this 12-month period. This value must be recorded in 
accordance with

[[Page 660]]

Sec. 63.498(e) and reported in accordance with Sec. 63.499(f)(2).

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11543, Mar. 9, 1999; 65 
FR 38066, June 19, 2000; 76 FR 22590, Apr. 21, 2011]



Sec. 63.496  Back-end process provisions--procedures to determine compliance 

with residual organic HAP limitations using control or recovery devices.

    (a) If an owner or operator complies with the residual organic HAP 
limitations in Sec. 63.494(a)(1) through (3) using control or recovery 
devices, compliance shall be demonstrated using the procedures in 
paragraphs (b) and (c) of this section. Previous test results conducted 
in accordance with paragraphs (b)(1) through (6) of this section may be 
used to determine compliance in accordance with paragraph (c) of this 
section.
    (b) Compliance shall be demonstrated using the provisions in 
paragraphs (b)(1) through (b)(8) of this section, as applicable.
    (1) A test shall be conducted, the duration of which shall be in 
accordance with either paragraph (b)(1)(i) or (b)(1)(ii) of this 
section, as appropriate.
    (i) If the back-end process operations are continuous, the test 
shall consist of three separate one hour runs.
    (ii) If the back-end process operations are batch, the test shall 
consist of three separate one-hour runs, unless the duration of the 
batch cycle is less than one-hour, in which case the run length shall 
equal the complete duration of the back-end process batch cycle.
    (2) The test shall be conducted when the grade of elastomer product 
with the highest residual organic HAP content leaving the stripper is 
processed in the back-end operations.
    (3) The uncontrolled residual organic HAP content in the latex or 
dry crumb rubber shall be determined in accordance with Sec. 
63.495(b)(1) and (b)(3). A separate sample shall be taken and analyzed 
for each test run. The sample shall be representative of the material 
being processed in the back-end operation during the test, and does not 
need to be taken during the test.
    (4) The quantity of material (weight of latex or dry crumb rubber) 
processed during the test run shall be recorded. Acceptable methods of 
determining this quantity are production records, measurement of stream 
characteristics, and engineering calculations.
    (5) The inlet and outlet emissions from the control or recovery 
device shall be determined using the procedures in paragraphs (b)(5)(i) 
through (b)(5)(v) of this section, with the exceptions noted in 
paragraphs (b)(6) and (b)(7) of this section. The inlet and outlet 
emissions shall be determined when the material for which the 
uncontrolled residual organic HAP content is determined in accordance 
with paragraph (b)(3) of this section, is being processed in the 
equipment controlled by the control or recovery device.
    (i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites. Sampling sites for 
inlet emissions shall be located as specified in paragraphs (b)(5)(i)(A) 
or (b)(5)(i)(B) of this section. Sampling sites for outlet emissions 
shall be located at the outlet of the control or recovery device.
    (A) The inlet sampling site shall be located at the exit of the 
back-end process unit operation before any opportunity for emission to 
the atmosphere [with the exception of equipment in compliance with the 
requirements in Sec. Sec. 63.502(a) through 63.502(m)], and before any 
control or recovery device.
    (B) If back-end process vent streams are combined prior to being 
routed to control or recovery devices, the inlet sampling site may be 
for the combined stream, as long as there is no opportunity for emission 
to the atmosphere [with the exception of equipment in compliance with 
the requirements in Sec. Sec. 63.502(a) through 63.502(m)] from any of 
the streams prior to being combined.
    (ii) The gas volumetric flow rate shall be determined using Method 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (iii) To determine the inlet and outlet total organic HAP 
concentrations, the owner or operator shall use Method 18 or Method 25A 
of 40 CFR part 60, appendix A. Alternatively, any other method or data 
that has been validated according to the applicable procedures in Method 
301, 40 CFR part 63, appendix A may be used. The minimum sampling

[[Page 661]]

time for each run shall be in accordance with paragraph (b)(1) of this 
section, during which either an integrated sample or grab samples shall 
be taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals during the run, with the time between 
samples no greater than 15 minutes.
    (iv) The mass rate of total organic HAP shall be computed using 
Equations 27 and 28.
[GRAPHIC] [TIFF OMITTED] TR05SE96.026

where:

Cij, Coj=Concentration of sample component j of 
          the gas stream at the inlet and outlet of the control or 
          recovery device, respectively, dry basis, ppmv.
Ei, Eo=Mass rate of total organic HAP at the inlet 
          and outlet of the control or recovery device, respectively, 
          dry basis, kg per hour (kg/hr).
Mij, Moj=Molecular weight of sample component j of 
          the gas stream at the inlet and outlet of the control or 
          recovery device, respectively, gm/gm-mole.
Qi, Qo=Flow rate of gas stream at the inlet and 
          outlet of the control or recovery device, respectively, dry 
          standard m\3\/min.
K2=Constant, 2.494 x 10-6 (ppmv)-1 (gm-
          mole/scm) (kg/gm) (min/hr), where standard temperature is 20 
          [deg]C.

    (v) Inlet and outlet organic HAP emissions for the run shall be 
calculated by multiplying the mass rate total inlet and outlet emissions 
determined in accordance with paragraph (b)(5)(iv) of this section by 
the duration of the run (in hours).
    (6) If a back-end process vent stream is introduced with the 
combustion air, or as a secondary fuel into a boiler or process heater 
with a design capacity less than 44 megawatts, the inlet and outlet 
emissions shall be determined in accordance with paragraphs (b)(6)(i) 
through (b)(6)(iv) of this section.
    (i) The inlet organic HAP emissions for the back-end process unit 
operation shall be determined in accordance with paragraph (b)(5) of 
this section.
    (ii) The owner or operator shall also measure total organic HAP (or 
TOC, minus methane and ethane) emissions in all process vent streams and 
primary and secondary fuels introduced into the boiler or process 
heater, using the procedures in paragraph (b)(5) of this section, with 
the exceptions noted in paragraphs (b)(6)(ii)(A) through (b)(6)(ii)(C) 
of this section.
    (A) Selection of the location of the inlet sampling sites shall 
ensure the measurement of total organic HAP concentrations in all 
process vent streams and primary and secondary fuels introduced into the 
boiler or process heater.
    (B) Paragraph (b)(5)(iii) of this section is applicable, except that 
TOC (minus methane and ethane) may be measured instead of total organic 
HAP.
    (C) The mass rates shall be calculated in accordance with paragraph 
(b)(5)(iv) of this section, except that Cj at the inlet and 
outlet of the control device shall be the sum of all total organic HAP 
(or TOC, minus methane and ethane) concentrations for all process vent 
streams and primary and secondary fuels introduced into the boiler or 
process heater.
    (iii) The control efficiency of the boiler or process heater shall 
be calculated using Equation 29.
[GRAPHIC] [TIFF OMITTED] TR05SE96.027


[[Page 662]]


where:

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

    (iv) The outlet total organic HAP emissions associated with the 
back-end process unit operation shall be calculated using Equation 30, 
as shown in paragraph (b)(8) of this section.
    (7) An owner or operator is not required to conduct a source test to 
determine the outlet organic HAP emissions if any control device 
specified in paragraphs (b)(7)(i) through (b)(7)(vi) of this section is 
used. For these devices, the inlet emissions associated with the back-
end process unit operation shall be determined in accordance with 
paragraph (b)(5) of this section, and the outlet emissions shall be 
calculated using the equation in paragraph (b)(8) of this section.
    (i) A flare. The owner or operator shall demonstrate compliance as 
provided in Sec. 63.504(c).
    (ii) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (iii) A boiler or process heater into which the process vent stream 
is introduced with the primary fuel or is used as the primary fuel.
    (iv) A control device for which a performance test was conducted for 
determining compliance with a regulation promulgated by the EPA and the 
test was conducted using the same Methods specified in this section and 
either no deliberate process changes have been made since the test, or 
the owner or operator can demonstrate that the results of the 
performance test, with or without adjustments, reliably demonstrate 
compliance despite process changes.
    (v) A boiler or process heater burning hazardous waste for which the 
owner or operator:
    (A) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (B) Has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H.
    (vi) A hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR Part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O.
    (8) If one of the control devices listed in paragraph (b)(6) or 
(b)(7) of this section is used, the outlet emissions shall be calculated 
using Equation 30.
[GRAPHIC] [TIFF OMITTED] TR19JN00.020

where:

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

    (i) If a back-end process vent stream is introduced with the 
combustion air, or as a secondary fuel into a boiler or process heater 
with a design capacity less than 44 megawatts, the control efficiency of 
the boiler or process heater shall be determined using the procedures in 
paragraph (b)(6)(iii) of this section.
    (ii) If a back-end process vent is controlled using a control device 
specified in paragraph (b)(7) (i), (ii), (iii), or (v) of this section, 
the control device efficiency shall be assumed to be 98 percent.
    (iii) If a back-end process vent is controlled using a control 
device specified in paragraph (b)(7)(iv) of this section, the control 
device efficiency shall be the efficiency determined in the previous 
performance test.
    (c) Compliance shall be determined using the procedures in this 
paragraph.
    (1) For each test run, the residual organic HAP content, adjusted 
for the

[[Page 663]]

control or recovery device emission reduction, shall be calculated using 
Equation 31.
[GRAPHIC] [TIFF OMITTED] TR19JN00.021

Where:

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

    (2) A facility is in compliance if the average of the organic HAP 
contents calculated for all three test runs is below the residual 
organic HAP limitations in Sec. 63.494(a)(1) through (3).
    (d) An owner or operator complying with the residual organic HAP 
limitations in Sec. 63.494(a)(1) through (3) using a control or 
recovery device, shall redetermine the compliance status through the 
requirements described in paragraph (b) of this section whenever process 
changes are made. The owner or operator shall report the results of the 
redetermination in accordance with Sec. 63.499(d). For the purposes of 
this section, a process change is any action that would reasonably be 
expected to impair the performance of the control or recovery device. 
For the purposes of this section, the production of an elastomer with a 
residual organic HAP content greater than the residual organic HAP 
content of the elastomer used in the compliance demonstration 
constitutes a process change, unless the overall effect of the change is 
to reduce organic HAP emissions from the source as a whole. Other 
examples of process changes may include changes in production capacity 
or production rate, or removal or addition of equipment. For the 
purposes of this paragraph, process changes do not include: Process 
upsets; unintentional, temporary process changes; or changes that reduce 
the residual organic HAP content of the elastomer.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38066, June 19, 2000; 
76 FR 22591, Apr. 21, 2011]



Sec. 63.497  Back-end process provisions--monitoring provisions for control 

and recovery devices used to comply with residual organic HAP limitations.

    (a) An owner or operator complying with the residual organic HAP 
limitations in Sec. 63.494(a)(1) through (3) using control or recovery 
devices, or a combination of stripping and control or recovery devices, 
shall install the monitoring equipment specified in paragraphs (a)(1) 
through (6) of this section, as appropriate.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is used, 
the temperature monitoring device shall be installed in the firebox or 
in the ductwork immediately downstream of the firebox in a position 
before any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, the temperature 
monitoring devices shall be installed in the gas stream immediately 
before and after the catalyst bed.
    (2) Where a flare is used, a device (including, but not limited to, 
a thermocouple, ultra-violet beam sensor, or infrared sensor) capable of 
continuously detecting the presence of a pilot flame is required.
    (3) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, a temperature

[[Page 664]]

monitoring device in the firebox equipped with a continuous recorder is 
required. Any boiler or process heater in which all vent streams are 
introduced with primary fuel or are used as the primary fuel is exempt 
from this requirement.
    (4) For an absorber, a scrubbing liquid temperature monitoring 
device and a specific gravity monitoring device are required, each 
equipped with a continuous recorder.
    (5) For a condenser, a condenser exit (product side) temperature 
monitoring device equipped with a continuous recorder is required.
    (6) For a carbon adsorber, an integrating regeneration steam flow, 
nitrogen flow, or pressure monitoring device having an accuracy of at 
least 10 percent of the flow rate, level, or 
pressure, capable of recording the total regeneration steam flow or 
nitrogen flow, or pressure (gauge or absolute) for each regeneration 
cycle; and a carbon bed temperature monitoring device, capable of 
recording the carbon bed temperature after each regeneration and within 
15 minutes of completing any cooling cycle are required.
    (b) An owner or operator may request approval to monitor parameters 
other than those required by paragraph (a) of this section. The request 
shall be submitted according to the procedures specified in Sec. 
63.506(f) or (g). Approval shall be requested if the owner or operator:
    (1) Uses a control or recovery device other than those listed in 
paragraph (a) of this section; or
    (2) Uses one of the control or recovery devices listed in paragraph 
(a) of this section, but seeks to monitor a parameter other than those 
specified in paragraph (a) of this section.
    (c) The owner or operator shall establish a level, defined as either 
a maximum or minimum operating parameter, that indicates proper 
operation of the control or recovery device for each parameter monitored 
under paragraphs (a)(1) through (a)(6) of this section. This level is 
determined in accordance with Sec. 63.505. The established level, along 
with supporting documentation, shall be submitted in the Notification of 
Compliance Status or the operating permit application, as required in 
Sec. 63.506(e)(5) or (e)(8), respectively. The owner or operator shall 
operate control and recovery devices so that the daily average value is 
above or below the established level, as required, to ensure continued 
compliance with the standard, except as otherwise stated in this 
subpart.
    (d) The owner or operator of an affected source with a controlled 
back-end process vent using a vent system that contains bypass lines 
that could divert a vent stream away from the control or recovery device 
used to comply with Sec. 63.494(a)(1) through (3), shall comply with 
paragraph (d)(1) or (2) of this section. Equipment such as low leg 
drains, high point bleeds, analyzer vents, open-ended valves or lines, 
and pressure relief valves needed for safety purposes are not subject to 
this paragraph.
    (1) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.498(d)(5)(iii). The flow indicator 
shall be installed at the entrance to any bypass line that could divert 
the vent stream away from the control device to the atmosphere; or
    (2) Secure the bypass line valve in the non-diverting position with 
a car-seal or a lock-and-key type configuration. A visual inspection of 
the seal or closure mechanism shall be performed at least once every 
month to ensure that the valve is maintained in the non-diverting 
position and the vent stream is not diverted through the bypass line.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38067, June 19, 2000; 
76 FR 22591, Apr. 21, 2011]



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

    (a) Each owner or operator shall maintain the records specified in 
paragraphs (a)(1) through (4), and paragraphs (b) through (e) of this 
section, as appropriate.
    (1) The type of elastomer product processed in the back-end 
operation.
    (2) The type of process (solution process, emulsion process, etc.)
    (3) If the back-end process operation is subject to a residual 
organic HAP limitation in Sec. 63.494(a)(1) through (3),

[[Page 665]]

whether compliance will be achieved by stripping technology, or by 
control or recovery devices.
    (4) If the back-end process operation is subject to an emission 
limitation in Sec. 63.494(a)(4), the organic HAP emission limitation 
calculated in accordance with Sec. 63.494(a)(4)(i) through (iv), as 
applicable.
    (b) Each owner or operator of a back-end process operation using 
stripping technology to comply with a residual organic HAP limitation in 
Sec. 63.494(a)(1) through (3), and demonstrating compliance using the 
periodic sampling procedures in Sec. 63.495(b), shall maintain the 
records specified in paragraph (b)(1), and in paragraph (b)(2) or 
paragraph (b)(3) of this section, as appropriate.
    (1) Records associated with each sample taken in accordance with 
Sec. 63.495(b). These records shall include the following for each 
sample:
    (i) Elastomer type,
    (ii) The date and time the sample was collected,
    (iii) The corresponding quantity of elastomer processed over the 
time period represented by the sample. Acceptable methods of determining 
this quantity are production records, measurement of stream 
characteristics, and engineering calculations.
    (A) For emulsion processes, this quantity shall be the weight of the 
latex leaving the stripper.
    (B) For solution processes, this quantity shall be the crumb rubber 
dry weight of the rubber leaving the stripper.
    (iv) The organic HAP content of each sample.
    (2) The monthly weighted average organic HAP content, calculated in 
accordance with Sec. 63.495(f).
    (3) If the organic HAP contents for all samples analyzed during a 
month are below the appropriate level in Sec. 63.494(a), the owner or 
operator may record that all samples were in accordance with the 
residual organic HAP limitations in Sec. 63.494(a)(1) through (3), 
rather than calculating and recording a monthly weighted average.
    (c) Each owner or operator of a back-end process operation using 
stripping technology to comply with a residual organic HAP limitation in 
Sec. 63.494(a)(1) through (3), and demonstrating compliance using the 
stripper parameter monitoring procedures in Sec. 63.495(c), shall 
maintain the records specified in paragraphs (c)(1) through (3) of this 
section.
    (1) Records associated with the initial, and subsequent, 
determinations of the organic HAP content of each grade of elastomer 
produced. These records shall include the following:
    (i) An identification of the elastomer type and grade;
    (ii) The results of the residual organic HAP analyses, conducted in 
accordance with Sec. 63.505(e)(1);
    (iii) The stripper monitoring parameters required to be established 
in Sec. 63.495(c)(1).
    (iv) If re-determinations are made of the organic HAP content, and 
re-establishment of the stripper monitoring parameters, records of the 
initial determination are no longer required to be maintained.
    (2) Records associated with each grade or batch. These records shall 
include the following for each grade or batch:
    (i) Elastomer type and grade;
    (ii) The quantity of elastomer processed;
    (A) For emulsion processes, this quantity shall be the weight of the 
latex leaving the stripper.
    (B) For solution processes, this quantity shall be the crumb rubber 
dry weight of the crumb rubber leaving the stripper.
    (iii) The hourly average of all stripper parameter results;
    (iv) If one or more hourly average stripper monitoring parameters is 
not in accordance with the established levels, the results of the 
residual organic HAP analysis.
    (3) The monthly weighted average organic HAP content, calculated in 
accordance with Sec. 63.495(f).
    (d) Each owner or operator of a back-end process operation using 
control or recovery devices to comply with a residual organic HAP 
limitation in Sec. 63.494(a)(1) through (3), shall maintain the records 
specified in paragraphs (d)(1) through (5) of this section. The 
recordkeeping requirements contained in paragraphs (d)(1) through (4) 
pertain to the results of the testing required by Sec. 63.496(b), for 
each of the three required test runs.

[[Page 666]]

    (1) The uncontrolled residual organic HAP content in the latex or 
dry crumb rubber, as required to be determined by Sec. 63.496(b)(3), 
including the test results of the analysis;
    (2) The total quantity of material (weight of latex or dry crumb 
rubber) processed during the test run, recorded in accordance with Sec. 
63.496(b)(4);
    (3) The organic HAP emissions at the inlet and outlet of the control 
or recovery device, determined in accordance with Sec. 63.496(b)(5) 
through (b)(8), including all test results and calculations.
    (4) The residual organic HAP content, adjusted for the control or 
recovery device emission reduction, determined in accordance with Sec. 
63.496(c)(1).
    (5) Each owner or operator using a control or recovery device shall 
keep the following records readily accessible:
    (i) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.497(a) or specified by the 
Administrator in accordance with Sec. 63.497(b). For flares, the 
records specified in Table 3 of 40 CFR part 63, subpart G shall be 
maintained in place of continuous records.
    (ii) Records of the daily average value of each continuously 
monitored parameter for each operating day, except as provided in 
paragraphs (d)(5)(ii)(D) and (d)(5)(ii)(E) of this section.
    (A) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day, 
except as provided in paragraph (d)(5)(ii)(B) of this section. The 
average shall cover a 24-hour period if operation is continuous, or the 
number of hours of operation per operating day if operation is not 
continuous.
    (B) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments, shall not be included in computing the hourly or 
daily averages. In addition, monitoring data recorded during periods of 
non-operation of the EPPU (or specific portion thereof) resulting in 
cessation of organic HAP emissions, shall not be included in computing 
the hourly or daily averages. Records shall be kept of the times and 
durations of all such periods and any other periods of process or 
control device operation when monitors are not operating.
    (C) The operating day shall be the period defined in the operating 
permit or the Notification of Compliance Status in Sec. 63.506(e)(8) or 
(e)(5). It may be from midnight to midnight or another 24-hour period.
    (D) If all recorded values for a monitored parameter during an 
operating day are below the maximum, or above the minimum, level 
established in the Notification of Compliance Status in Sec. 
63.506(e)(5) or in the operating permit, the owner or operator may 
record that all values were below the maximum or above the minimum 
level, rather than calculating and recording a daily average for that 
operating day.
    (E) For flares, records of the times and duration of all periods 
during which the pilot flame is absent, shall be kept rather than daily 
averages. The records specified in this paragraph are not required 
during periods when emissions are not routed to the flare.
    (iii) Hourly records of whether the flow indicator specified under 
Sec. 63.497(d)(1) was operating and whether a diversion was detected at 
any time during the hour, as well as records of the times of all periods 
when the vent stream is diverted from the control device or the flow 
indicator is not operating.
    (iv) Where a seal mechanism is used to comply with Sec. 
63.497(d)(2), hourly records of flow are not required.
    (A) For compliance with Sec. 63.497(d)(2), the owner or operator 
shall record whether the monthly visual inspection of the seals or 
closure mechanisms has been done, and shall record instances when the 
seal mechanism is broken, the bypass line damper or valve position has 
changed, or the key for a lock-and-key type configuration has been 
checked out, and records of any car-seal that has broken.
    (B) [Reserved]
    (e) If the back-end process operation is subject to an organic HAP 
emission limitation in Sec. 63.494(a)(4), the records specified in 
paragraphs (e)(1) through (4) of this section.

[[Page 667]]

    (1) The applicable organic HAP emission limitation determined in 
accordance with Sec. 63.494(a)(4)(i) through (iv).
    (2) The organic HAP emissions from all back-end process operations 
for each month, along with documentation of all calculations and other 
information used in the engineering assessment to estimate these 
emissions.
    (3) The mass of elastomer product produced each month.
    (4) The total mass of organic HAP emitted for each 12-month period 
divided by the total mass of elastomer produced during the 12-month 
period, determined in accordance with Sec. 63.495(g)(5).

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38068, June 19, 2000; 
76 FR 22591, Apr. 21, 2011]



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

    (a) The owner or operator of an affected source with back-end 
process operations shall submit the information required in paragraphs 
(a)(1) through (a)(3) of this section, for each back-end process 
operation at the affected source, as part of the Notification of 
Compliance Status specified in Sec. 63.506(e)(5).
    (1) The type of elastomer product processed in the back-end 
operation.
    (2) The type of process (solution process, emulsion process, etc.)
    (3) If the back-end process operation is subject to a residual 
organic HAP limitation in Sec. 63.494(a)(1) through (3), whether 
compliance will be achieved by stripping technology, or by control or 
recovery devices.
    (b) Each owner or operator of a back-end process operation using 
stripping to comply with a residual organic HAP limitation in Sec. 
63.494(a)(1) through (3), and demonstrating compliance by stripper 
parameter monitoring, shall submit reports as specified in paragraphs 
(b)(1) and (2) of this section.
    (1) As part of the Notification of Compliance Status specified in 
Sec. 63.506(e)(5), the owner or operator shall submit the information 
specified in Sec. 63.498(c)(1).
    (2) For organic HAP content/stripper monitoring parameter re-
determinations, and the addition of new grades, the information 
specified in Sec. 63.498(c)(1) shall be submitted in the next periodic 
report specified in Sec. 63.506(e)(6).
    (c) Each owner or operator of an affected source with a back-end 
process operation control or recovery device that shall comply with a 
residual organic HAP limitation in Sec. 63.494(a)(1) through (3), shall 
submit the information specified in paragraphs (c)(1) through (3) of 
this section as part of the Notification of Compliance Status specified 
in Sec. 63.506(e)(5).
    (1) The residual organic HAP content, adjusted for the control or 
recovery device emission reduction, determined in accordance with Sec. 
63.496(c)(1), for each test run in the compliance determination.
    (2) The operating parameter level established in accordance with 
Sec. 63.497(c), along with supporting documentation.
    (3) The information specified in paragraphs (c)(3)(i) when using a 
flare, and the information specified in paragraph (c)(3)(ii) of this 
section when using a boiler or process heater.
    (i) The flare design (i.e., steam-assisted, air-assisted, or non-
assisted); all visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination; and all periods during the compliance 
determination when the pilot flame is absent.
    (ii) A description of the location at which the vent stream is 
introduced into the boiler or process heater.
    (d) Whenever a process change, as defined in Sec. 63.496(d), is 
made that causes the redetermination of the compliance status for the 
back-end process operations subject to a residual organic HAP limitation 
in Sec. 63.494(a)(1) through (3), the owner or operator shall submit a 
report within 180 days after the process change, as specified in Sec. 
63.506(e)(7)(iii). The report shall include:
    (1) A description of the process change;
    (2) The results of the redetermination of the compliance status, 
determined in accordance with Sec. 63.496(b), and recorded in 
accordance with Sec. 63.498(d)(1), and
    (3) Documentation of the re-establishment of a parameter level for 
the

[[Page 668]]

control or recovery device, defined as either a maximum or minimum 
operating parameter, that indicates proper operation of the control or 
recovery device, in accordance with Sec. 63.497(c) and recorded in 
accordance with Sec. 63.498(d)(2).
    (e) If an owner or operator uses a control or recovery device other 
than those listed in Sec. 63.497(a) or requests approval to monitor a 
parameter other than those specified in Sec. 63.497(a), the owner or 
operator shall submit a description of planned reporting and 
recordkeeping procedures as required under Sec. 63.506(e)(3) or (e)(8). 
The Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the Precompliance Report or 
Operating Permit application.
    (f) If the back-end process operation is subject to an organic HAP 
emission limitation in Sec. 63.494(a)(4), the owner and operator must 
submit the information specified in paragraphs (f)(1) and (2) of this 
section.
    (1) The applicable organic HAP emission limitation determined in 
accordance with Sec. 63.494(a)(4)(i) through (iv), shall be submitted 
no later than 180 days from the date of publication of the final rule 
amendments in the Federal Register.
    (2) Beginning with the first periodic report required to be 
submitted by Sec. 63.506(e)(6) that is at least 13 months after the 
compliance date, the total mass of organic HAP emitted for each of the 
rolling 12-month periods in the reporting period divided by the total 
mass of elastomer produced during the corresponding 12-month period, 
determined in accordance with Sec. 63.495(g)(5).

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38068, June 19, 2000; 
76 FR 22592, Apr. 21, 2011]



Sec. 63.500  Back-end process provisions--carbon disulfide limitations for 

styrene butadiene rubber by emulsion processes.

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

[[Page 669]]

    (iii) To determine compliance with the carbon disulfide 
concentration limit in paragraph (a) of this section, the owner or 
operator shall use Method 18 or Method 25A of 40 CFR part 60, appendix A 
to measure carbon disulfide. Alternatively, any other method or data 
that has been validated according to the applicable procedures in Method 
301, 40 CFR part 63, appendix A, may be used. The following procedures 
shall be used to calculate carbon disulfide concentration:
    (A) The minimum sampling time for each run shall be 1 hour, in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15 minute intervals 
during the run.
    (B) The concentration of carbon disulfide shall be calculated using 
Equation 32.
[GRAPHIC] [TIFF OMITTED] TR05SE96.030

where:

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

    (2) The owner or operator may use engineering assessment to 
demonstrate compliance with the carbon disulfide concentration 
limitation in paragraph (a) of this section. Engineering assessment 
includes, but is not limited to, the following:
    (i) Previous test results, provided the tests are representative of 
current operating practices at the process unit.
    (ii) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (iii) Flow rate and/or carbon disulfide emission rate specified or 
implied within an applicable permit limit.
    (iv) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (A) Use of material balances,
    (B) Estimation of flow rate based on physical equipment design such 
as pump or blower capacities, and
    (C) Estimation of carbon disulfide concentrations based on 
saturation conditions.
    (v) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (d) Owners and operators of sources subject to this section shall 
maintain the records specified in paragraphs (d)(1) and (d)(2) of this 
section.
    (1) Documentation of the results of the testing required by 
paragraph (c) of this section.
    (2) A description of the standard operating procedure used during 
the testing. This description shall include, at a minimum, an 
identification of the sulfur containing shortstop agent added to the 
styrene butadiene rubber prior to the dryers, an identification of the 
point and time in the process where the sulfur containing shortstop 
agent is added, and an identification of the amount of sulfur containing 
shortstop agent added per unit of latex.
    (e) Owners and operators shall submit the reports as specified in 
paragraphs (e)(1) and (e)(2) of this section.
    (1) As part of the Notification of Compliance Status specified in 
Sec. 63.506(e)(5), documentation of the results of the testing required 
by paragraph (c) of this section.
    (2) If changes are made in the standard operating procedure used 
during the compliance test and recorded in accordance with paragraph 
(d)(2) of this section, and if those changes have the potential for 
increasing the concentration of carbon disulfide in the crumb dryer 
exhaust to above the 45 ppmv limit, the owner or operator shall:
    (i) Redetermine compliance using the test procedures in paragraph 
(c) of this section, and
    (ii) Submit documentation of the testing results in the next 
periodic report required by Sec. 63.506(e)(6).

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

[[Page 670]]



Sec. 63.501  Wastewater provisions.

    (a) Except as specified in paragraph (c) of this section, the owner 
or operator of each affected source shall comply with the requirements 
of Sec. Sec. 63.132 through 63.147 for each process wastewater stream 
originating at an affected source, with the requirements of Sec. 63.148 
for leak inspection provisions, and with the requirements of Sec. 
63.149 for equipment that is subject to Sec. 63.149, with the 
differences noted in paragraphs (a)(1) through (a)(23) of this section. 
Further, the owner or operator of each affected source shall comply with 
the requirements of Sec. 63.105(a) for maintenance wastewater, as 
specified in paragraph (b) of this section.
    (1) When the determination of equivalence criteria in Sec. 
63.102(b) is referred to in Sec. Sec. 63.132, 63.133, and 63.137, the 
provisions in Sec. 63.6(g) shall apply for the purposes of this 
subpart.
    (2) When the storage vessel requirements contained in Sec. Sec. 
63.119 through 63.123 are referred to in Sec. Sec. 63.132 through 
63.149, Sec. Sec. 63.119 through 63.123 are applicable, with the 
exception of the differences referred to in Sec. 63.484, for the 
purposes of this subpart.
    (3) Owners and operators of affected sources are not required to 
comply with the requirements in Sec. 63.132(b)(1) and Sec. 63.132(d). 
Owners and operators of new affected sources, as defined in this 
subpart, shall comply with the requirements for existing sources in 
Sec. Sec. 63.132 through 63.149, with the exceptions noted in 
paragraphs (a)(4), (a)(10), and (a)(23) of this section.
    (4) When Sec. 63.146(a) requires the submission of a request for 
approval to monitor alternative parameters according to the procedures 
specified in Sec. 63.151(f) or (g), owners or operators requesting to 
monitor alternative parameters shall follow the procedures specified in 
Sec. 63.506(f), for the purposes of this subpart.
    (5) When Sec. 63.147(d) requires owners or operators to keep 
records of the daily average value of each continuously monitored 
parameter for each operating day as specified in Sec. 63.152(f), owners 
and operators shall instead keep records of the daily average value of 
each continuously monitored parameter as specified in Sec. 63.506(d), 
for the purposes of this subpart.
    (6) When Sec. Sec. 63.132 through 63.149 refer to an ``existing 
source,'' the term ``existing affected source,'' as defined in Sec. 
63.480(a)(3) shall apply, for the purposes of this subpart.
    (7) When Sec. Sec. 63.132 through 63.149 refer to a ``new source,'' 
the term ``new affected source,'' as defined in Sec. 63.480(a)(4) shall 
apply, for the purposes of this subpart.
    (8) Whenever Sec. Sec. 63.132 through 63.149 refer to a ``chemical 
manufacturing process unit,'' the term ``elastomer product process 
unit,'' (or EPPU) as defined in Sec. 63.482, shall apply for the 
purposes of this subpart. In addition, when Sec. 63.149 refers to ``a 
chemical manufacturing process unit that meets the criteria of Sec. 
63.100(b) of subpart F of this part,'' the term ``an EPPU as defined in 
Sec. 63.482(b)'' shall apply for the purposes of this subpart.
    (9) When Sec. 63.132(a) and (b) refer to the ``applicable dates 
specified in Sec. 63.100 of subpart F of this part,'' the compliance 
dates specified in Sec. 63.481 shall apply, for the purposes of this 
subpart.
    (10) The provisions of paragraphs (a)(10)(i), (a)(10)(ii), and 
(a)(10)(iii) of this section clarify the organic HAP that an owner or 
operator shall consider when complying with the requirements of 
Sec. Sec. 63.132 through 63.149.
    (i) Owners and operators are exempt from all requirements in 
Sec. Sec. 63.132 through 63.149 that pertain solely and exclusively to 
organic HAP listed on table 8 of 40 CFR part 63, subpart G.
    (ii) When Sec. Sec. 63.132 through 63.149 refer to table 9 
compounds, the owner or operator is only required to consider compounds 
that meet the definition of organic HAP in Sec. 63.482 and that are 
listed in table 9 of 40 CFR part 63,subpart G, for the purposes of this 
subpart.
    (iii) When Sec. Sec. 63.132 through 63.149 refer to compounds in 
table 36 of 40 CFR part 63, subpart G, or compounds in List 1 and/or 
List 2, as listed in table 36 of 40 CFR part 63, subpart G, the owner or 
operator is only required to consider compounds that meet the definition 
of organic HAP in Sec. 63.482 and that are listed in table 36 of 40 CFR 
part 63, subpart G, for the purposes of this subpart.

[[Page 671]]

    (11) Whenever Sec. Sec. 63.132 through 63.147 refer to a Group 1 
wastewater stream or a Group 2 wastewater stream, the definitions of 
these terms contained in Sec. 63.482 shall apply, for the purposes of 
this subpart.
    (12) When Sec. 63.149(d) refers to ``Sec. 63.100(f) of subpart F'' 
the phrase ``Sec. 63.480(c)'' shall apply for the purposes of this 
subpart. In addition, where Sec. 63.149(d) states ``and the item of 
equipment is not otherwise exempt from controls by the provisions of 
subparts A, F, G, or H of this part'', the phrase ``and the item of 
equipment is not otherwise exempt from controls by the provisions of 
subparts A, F, G, H, or U of this part,'' shall apply for the purposes 
of this subpart.
    (13) When Sec. 63.149(e)(1) and (e)(2) refer to ``a chemical 
manufacturing process unit subject to the new source requirements of 40 
CFR 63.100(l)(1) or 40 CFR 63.100 (l)(2),'' the phrase ``an EPPU that is 
part of a new affected source or that is a new affected source,'' shall 
apply for the purposes of this subpart.
    (14) When the Notification of Compliance Status requirements 
contained in Sec. 63.152(b) are referred to in Sec. Sec. 63.138 and 
63.146, the Notification of Compliance Status requirements contained in 
Sec. 63.506(e)(5) shall apply for the purposes of this subpart. In 
addition, when Sec. Sec. 63.138 and 63.146 require that information be 
reported according to Sec. 63.152(b) in the Notification of Compliance 
Status, owners or operators of affected sources shall report the 
specified information in the Notification of Compliance Status required 
by Sec. 63.506(e)(5), for the purposes of this subpart.
    (15) When the Periodic Report requirements contained in Sec. 
63.152(c) are referred to in Sec. 63.146, the Periodic Report 
requirements contained in Sec. 63.506(e)(6) shall apply for the 
purposes of this subpart. In addition, when Sec. 63.146 requires that 
information be reported in the Periodic Reports required in Sec. 
63.152(c), owners or operators of affected sources shall report the 
specified information in the Periodic Reports required in Sec. 
63.506(e)(6), for the purposes of this subpart.
    (16) When the term ``range'' is used in Sec. Sec. 63.132 through 
63.149, the term ``level'' shall apply instead, for the purposes of this 
subpart. This level shall be determined using the procedures specified 
in Sec. 63.505.
    (17) When Sec. 63.143(f) specifies that owners or operators shall 
establish the range that indicates proper operation of the treatment 
process or control device, the owner or operator shall instead comply 
with the requirements of Sec. 63.505(c) or (d) for establishing 
parameter level maximums/minimums, for the purposes of this subpart.
    (18) When Sec. 63.146(b)(7) and Sec. 63.146(b)(8) require that 
``the information on parameter ranges specified in Sec. 63.152(b)(2)'' 
be reported in the Notification of Compliance Status, owners and 
operators of affected sources are instead required to report the 
information on parameter levels in the Notification of Compliance Status 
as specified in Sec. 63.506(e)(5)(ii), for the purposes of this 
subpart.
    (19) For the purposes of this subpart, the owner or operator of an 
affected source is not required to include process wastewater streams 
that contain styrene when conducting performance tests for the purposes 
of calculating the required mass removal (RMR) or the actual mass 
removal (AMR) under the provisions described in Sec. 63.145(f) or Sec. 
63.145(g). For purposes of this paragraph, a process wastewater stream 
is considered to contain styrene if the wastewater stream meets the 
requirements in paragraph (a)(19)(i), (ii), or (iii) of this section:
    (i) The wastewater stream originates at equipment that produces 
styrene butadiene rubber by solution;
    (ii) The wastewater stream originates at equipment that produces 
styrene butadiene rubber by emulsion; or
    (iii) The wastewater stream originates at equipment that produces 
styrene butadiene latex.
    (20) When the provisions of Sec. 63.139(c)(1)(ii), Sec. 
63.145(d)(4), or Sec. 63.145(i)(2) specify that Method 18, 40 CFR part 
60, appendix A shall be used, Method 18 or Method 25A, 40 CFR part 60, 
appendix A may be used for the purposes of this subpart. The use of 
Method 25A, 40 CFR part 60, appendix A shall conform with the 
requirements in paragraphs (a)(20)(i) and (a)(20)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR

[[Page 672]]

part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (21) In Sec. 63.145(j), instead of the reference to Sec. 63.11(b), 
and instead of Sec. 63.145(j)(1) and Sec. 63.145(j)(2), the 
requirements in Sec. 63.504(c) shall apply.
    (22) The owner or operator of a facility which receives a Group 1 
wastewater stream, or a residual removed from a Group 1 wastewater 
stream, for treatment pursuant to Sec. 63.132(g) is subject to the 
requirements of Sec. 63.132(g) with the differences identified in this 
section, and is not subject to subpart DD of this part, with respect to 
the received material.
    (23) When Sec. 63.132(g) refers to ``Sec. Sec. 63.133 through 
63.137'' or ``Sec. Sec. 63.133 through 63.147'', the provisions in this 
Sec. 63.501 shall apply, for the purposes of this subpart.
    (b) Except for those streams exempted by paragraph (c) of this 
section, the owner or operator of each affected source shall comply with 
the requirements for maintenance wastewater in Sec. 63.105, except that 
when Sec. 63.105(a) refers to ``organic HAPs listed in table 9 of 
subpart G of this part,'' the owner or operator is only required to 
consider compounds that meet the definition of organic HAP in Sec. 
63.482 and that are listed in table 9 of 40 CFR part 63, subpart G, for 
the purposes of this subpart.
    (c) The provisions of paragraphs (a) and (b) of this section do not 
apply to the following:
    (1) Back-end streams originating from equipment whose only elastomer 
products are latex products.
    (2) Back-end streams at affected sources that are subject to a 
residual organic HAP limitation in Sec. 63.494(a)(1) through (3) and 
that are complying with these limitations through the use of stripping 
technology.

[62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38069, June 19, 2000; 
66 FR 36828, July 16, 2001; 76 FR 22592, Apr. 21, 2011]



Sec. 63.502  Equipment leak and heat exchange system provisions.

    (a) Equipment leak provisions. The owner or operator of each 
affected source, shall comply with the requirements of subpart H of this 
part, with the exceptions noted in paragraphs (b) through (m) of this 
section. Surge control vessels required to be controlled by subpart H 
may, alternatively, comply with the Group 1 storage vessel provisions 
specified in Sec. 63.484.
    (b) Surge control vessels and bottoms receivers described in 
paragraphs (b)(1) through (b)(7) of this section are exempt from the 
requirements contained in Sec. 63.170.
    (1) Surge control vessels and bottoms receivers that receive only 
styrene-butadiene latex;
    (2) Surge control vessels and bottoms receivers that receive latex 
products other than styrene-butadiene latex, located downstream of the 
stripping operations;
    (3) Surge control vessels and bottoms receivers that receive only 
high conversion latex products;
    (4) Surge control vessels and bottoms receivers located downstream 
of the stripping operations at affected sources subject to the back-end 
residual organic HAP limitation located in Sec. 63.494(a)(1) through 
(3) that are complying through the use of stripping technology, as 
specified in Sec. 63.495;
    (5) Surge control vessels and bottoms receivers that receive only 
styrene;
    (6) Surge control vessels and bottoms receivers that receive only 
acrylamide; and
    (7) Surge control vessels and bottoms receivers that receive only 
epichlorohydrin.
    (c) The compliance date for the equipment leak provisions in this 
section is provided in Sec. 63.481(d). Whenever subpart H of this part 
refers to the compliance dates specified in any paragraph contained in 
Sec. 63.100, the compliance dates listed in Sec. 63.481(d) shall 
instead apply, for the purposes of this subpart. When Sec. 63.182(c)(4) 
refers to ``sources subject to subpart F,'' the phrase ``sources subject 
to this subpart'' shall apply, for the purposes of this subpart. In 
addition, extensions of compliance dates are addressed by

[[Page 673]]

Sec. 63.481(e) instead of by Sec. 63.182(a)(6), for the purposes of 
this subpart.
    (d) For an affected source producing polybutadiene rubber or styrene 
butadiene rubber by solution, the conditions in paragraphs (d)(1), 
(d)(2), and (d)(3) of this section are applicable.
    (1) Indications of liquids dripping, as defined in subpart H of this 
part, from bleed ports in pumps and agitator seals in light liquid 
service, shall not be considered a leak. For the purposes of this 
subpart, a ``bleed port'' is a technologically-required feature of the 
pump or seal whereby polymer fluid used to provide lubrication and/or 
cooling of the pump or agitator shaft exits the pump, thereby resulting 
in a visible dripping of fluid.
    (2) For reciprocating pumps in heavy liquid service, owners and 
operators are not required to comply with the requirements in Sec. 
63.169 and associated recordkeeping and reporting requirements.
    (3) Reciprocating pumps in light liquid service are exempt from 
Sec. 63.163 and associated recordkeeping and reporting requirements, if 
recasting the distance piece or reciprocating pump replacement would be 
necessary to comply with that section.
    (e) Owners and operators of an affected source subject to this 
subpart are not required to submit the Initial Notification required by 
Sec. 63.182(a)(1) and Sec. 63.182(b).
    (f) As specified in Sec. 63.506(e)(5), the Notification of 
Compliance Status required by Sec. 63.182(a)(2) and Sec. 63.182(c) 
shall be submitted within 150 days (rather than 90 days) of the 
applicable compliance date specified in Sec. 63.481(d) for the 
equipment leak provisions.
    (g) The information specified by Sec. 63.182(a)(3) and Sec. 
63.182(d) (i.e., Periodic Reports) shall be submitted as part of the 
Periodic Reports required by Sec. 63.506(e)(6).
    (h) If specific items of equipment, comprising part of a process 
unit subject to this subpart, are managed by different administrative 
organizations (e.g., different companies, affiliates, departments, 
divisions, etc.), those items of equipment may be aggregated with any 
EPPU within the affected source for all purposes under subpart H of this 
part, providing there is no delay in achieving the applicable compliance 
date.
    (i) When Sec. 63.166(b)(4)(i) refers to Table 9 of subpart G of 
this part, the owner or operator is only required to consider organic 
HAP listed on Table 9 of subpart G of this subpart that are also listed 
on Table 5 of this subpart.
    (j) When the provisions of subpart H of this part specify that 
Method 18, 40 CFR part 60, appendix A shall be used, either Method 18 or 
Method 25A, 40 CFR part 60, appendix A may be used for the purposes of 
this subpart. The use of Method 25A, 40 CFR part 60, appendix A shall 
conform with the requirements in paragraphs (j)(1) and (j)(2) of this 
section.
    (1) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A shall be the single organic HAP representing the 
largest percent by volume of emissions.
    (2) The use of Method 25A, 40 CFR part 63, appendix A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (k) An owner or operator using a flare to comply with the 
requirements of this section shall conduct a compliance demonstration as 
specified in Sec. 63.504(c).
    (l) When the term ``equipment'' is used in subpart H of this part, 
the definition of this term in Sec. 63.482(b) shall apply for the 
purposes of this subpart.
    (m) The phrase ``the provisions of subparts F, I, or U of this 
part'' shall apply instead of the phrase ``the provisions of subpart F 
or I of this part'' throughout Sec. Sec. 63.163 and 63.168, for the 
purposes of this subpart. In addition, the phrase ``subparts F, I, and 
U'' shall apply instead of the phrase ``subparts F and I'' in Sec. 
63.174(c)(2)(iii), for the purposes of this subpart.
    (n) Heat exchange system provisions. The owner or operator of each 
affected source shall comply with the requirements of Sec. 63.104 for 
heat exchange systems, with the exceptions noted in paragraphs (n)(1) 
through (n)(5) of this section.
    (1) When the term ``chemical manufacturing process unit'' is used in

[[Page 674]]

Sec. 63.104, the term ``elastomer product process unit'' (or EPPU) 
shall apply for the purposes of this subpart, with the exception noted 
in paragraph (n)(2) of this section.
    (2) When the phrase ``a chemical manufacturing process unit meeting 
the conditions of Sec. 63.100(b)(1) through (b)(3) of this subpart, 
except for chemical manufacturing process units meeting the condition 
specified in Sec. 63.100(c) of this subpart'' is used in Sec. 
63.104(a), the term ``an EPPU, except for EPPUs meeting the condition 
specified in Sec. 63.480(b)'' shall apply for the purposes of this 
subpart.
    (3) When Sec. 63.104 refers to Table 4 of subpart F of this part or 
Table 9 of subpart G of this part, the owner or operator is only 
required to consider organic HAP listed on Table 5 of this subpart.
    (4) When Sec. 63.104(c)(3) specifies the monitoring plan retention 
requirements, and when Sec. 63.104(f)(1) refers to the record retention 
requirements in Sec. 63.103(c)(1), the requirements in Sec. 63.506(a) 
and Sec. 63.506(h) shall apply, for the purposes of this subpart.
    (5) When Sec. 63.104(f)(2) requires information to be reported in 
the Periodic Reports required by Sec. 63.152(c), the owner or operator 
shall instead report the information specified in Sec. 63.104(f)(2) in 
the Periodic Reports required by Sec. 63.506(e)(6), for the purposes of 
this subpart.
    (6) The compliance date for heat exchange systems subject to the 
provisions of this section is specified in Sec. 63.481(d)(6).

[62 FR 46925, Sept. 5, 1996, as amended at 62 FR 37722, July 15, 1997; 
65 FR 38070, June 19, 2000; 76 FR 22592, Apr. 21, 2011]



Sec. 63.503  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing affected 
sources who seek to comply with Sec. 63.483(b) by using emissions 
averaging rather than following the provisions of Sec. Sec. 63.484, 
63.485, 63.486, 63.494, and 63.501.
    (1) The following emission point limitations apply to the use of 
these provisions:
    (i) All emission points included in an emissions average shall be 
from the same affected source. There may be an emissions average for 
each individual affected source located at a plant site.
    (ii)(A) If a plant site has only one affected source for which 
emissions averaging is being used to demonstrate compliance, the number 
of emission points allowed to be included in the emission average is 
limited to twenty. This number may be increased by up to five additional 
points if pollution prevention measures are used to control five or more 
of the emission points included in the emissions average.
    (B) If a plant site has two or more affected sources for which 
emissions averaging is being used to demonstrate compliance, the number 
of emission points allowed in the emissions average for those affected 
sources is limited to twenty. This number may be increased by up to five 
additional emission points if pollution prevention measures are used to 
control five or more of the emission points included in the emissions 
averages.
    (2) Compliance with the provisions of this section may be based on 
either organic HAP or TOC.
    (3) For the purposes of the provisions in this section, whenever 
Method 18, 40 CFR part 60, appendix A, is specified within the 
paragraphs of this section or is specified by reference through 
provisions outside this section, Method 18 or Method 25A, 40 CFR part 
60, appendix A, may be used. The use of Method 25A, 40 CFR part 60, 
appendix A, shall conform with the requirements in paragraphs (a)(3)(i) 
and (a)(3)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A, 40 
CFR part 60, appendix A, shall be the single organic HAP representing 
the largest percent by volume of the emissions.
    (ii) The use of Method 25A, 40 CFR part 60, appendix A, is 
acceptable if the response from the high-level calibration gas is at 
least 20 times the standard deviation of the response from the zero 
calibration gas when the instrument is zeroed on the most sensitive 
scale.
    (b) Unless an operating permit application has been submitted, the 
owner or operator shall develop and submit for approval an Emissions 
Averaging Plan containing all of the information required in Sec. 
63.506(e)(4) for all emission

[[Page 675]]

points to be included in an emissions average.
    (c) Paragraphs (c)(1) through (c)(4) of this section describe the 
emission points that may be used to generate emissions averaging credits 
if control was applied after November 15, 1990 and if sufficient 
information is available to determine the appropriate value of credits 
for the emission point. Paragraph (c)(5) of this section discusses the 
use of pollution prevention in generating emissions averaging credits.
    (1) Storage vessels, batch front-end process vents, aggregate batch 
vent streams, continuous front-end process vents, and process wastewater 
streams that are determined to be Group 2 emission points.
    (2) Storage vessels, continuous front-end process vents, and process 
wastewater steams that are determined to be Group 1 emission points and 
that are controlled by a technology that the Administrator or permitting 
authority agrees has a higher nominal efficiency than the reference 
control technology. Information on the nominal efficiencies for such 
technologies shall be submitted and approved as provided in paragraph 
(i) of this section.
    (3) Batch front-end process vents and aggregate batch vent streams 
that are determined to be Group 1 emission points and that are 
controlled to a level more stringent than the applicable standard.
    (4) Back-end process operations that are controlled such that 
organic HAP emissions from the back-end process operation are less than 
would be achieved by meeting the residual organic HAP limits in Sec. 
63.494. For the purposes of the emission averaging provisions in this 
section, all back-end process operations at an affected facility shall 
be considered a single emission point.
    (5) The percent reduction for any storage vessel, batch front-end 
process vent, aggregate batch vent stream, continuous front-end process 
vent, and process wastewater stream shall be determined using the 
procedures specified in paragraph (j) of this section.
    (i) For a Group 1 storage vessel, batch front-end process vent, 
aggregate batch vent stream, continuous front-end process vent, or 
process wastewater stream, the pollution prevention measure shall reduce 
emissions more than if the reference control technology or standard had 
been applied to the emission point instead of the pollution prevention 
measure, except as provided in paragraph (c)(5)(ii) of this section.
    (ii) If a pollution prevention measure is used in conjunction with 
other controls for a Group 1 storage vessel, batch front-end process 
vent, aggregate batch vent stream, continuous front-end process vent, or 
process wastewater stream, the pollution prevention measure alone does 
not have to reduce emissions more than the reference control technology 
or standard, but the combination of the pollution prevention measure and 
other controls shall reduce emissions more than if the applicable 
reference control technology or standard had been applied instead of the 
pollution prevention measure.
    (d) The following emission points cannot be used to generate 
emissions averaging credits:
    (1) Emission points already controlled on or before November 15, 
1990 cannot be used to generate credits unless the level of control was 
increased after November 15, 1990. In this case, credit will be allowed 
only for the increase in control after November 15, 1990.
    (2) Group 1 emission points, identified in paragraph (c)(2) of this 
section, that are controlled by a reference control technology cannot be 
used to generate credits unless the reference control technology has 
been approved for use in a different manner and a higher nominal 
efficiency has been assigned according to the procedures in paragraph 
(i) of this section.
    (3) Emission points on nonoperating EPPU cannot be used to generate 
credits. EPPU that are shutdown cannot be used to generate credits or 
debits.
    (4) Maintenance wastewater cannot be used to generate credits. 
Wastewater streams treated in biological treatment units cannot be used 
to generate credits. These two types of wastewater cannot be used to 
generate credits or debits. For the purposes of this section, the terms 
wastewater and wastewater stream are used to mean process wastewater.

[[Page 676]]

    (5) Emission points controlled to comply with a State or Federal 
rule other than this subpart cannot be used to generate credits, unless 
the level of control has been increased after November 15, 1990 to a 
level above what is required by the other State or Federal rule. Only 
the control above what is required by the other State or Federal rule 
will be credited. However, if an emission point has been used to 
generate emissions averaging credit in an approved emissions average, 
and the emission point is subsequently made subject to a State or 
Federal rule other than this subpart, the emission point may continue to 
generate emissions averaging credit for the purpose of complying with 
the previously approved emissions average.
    (e) For all emission points included in an emissions average, the 
owner or operator shall perform the following tasks:
    (1) Calculate and record monthly debits for all Group 1 emission 
points that are controlled to a level less stringent than the reference 
control technology or standard for those emission points. The Group 1 
emission points are identified in paragraphs (c)(2) through (c)(4) of 
this section. Equations in paragraph (g) of this section shall be used 
to calculate debits.
    (2) Calculate and record monthly credits for all Group 1 and Group 2 
emission points that are overcontrolled to compensate for the debits. 
Equations in paragraph (h) of this section shall be used to calculate 
credits. Emission points and controls that meet the criteria of 
paragraph (c) of this section may be included in the credit calculation, 
whereas those described in paragraph (d) of this section shall not be 
included.
    (3) Demonstrate that annual credits calculated according to 
paragraph (h) of this section are greater than or equal to debits 
calculated for the same annual compliance period according to paragraph 
(g) of this section.
    (i) The owner or operator may choose to include more than the 
required number of credit-generating emission points in an emissions 
average in order to increase the likelihood of being in compliance.
    (ii) The initial demonstration in the Emissions Averaging Plan or 
operating permit application that credit-generating emission points will 
be capable of generating sufficient credits to offset the debits from 
the debit-generating emission points shall be made under representative 
operating conditions. After the compliance date, actual operating data 
shall be used for all debit and credit calculations.
    (4) Demonstrate that debits calculated for a quarterly (3-month) 
period according to paragraph (g) of this section are not more than 1.30 
times the credits for the same period calculated according to paragraph 
(h) of this section. Compliance for the quarter shall be determined 
based on the ratio of credits and debits from that quarter, with 30 
percent more debits than credits allowed on a quarterly basis.
    (5) Record and report quarterly and annual credits and debits in the 
Periodic Reports as specified in Sec. 63.506(e)(6). Every fourth 
Periodic Report shall include a certification of compliance with the 
emissions averaging provisions as required by Sec. 
63.506(e)(6)(x)(C)(2).
    (f) Debits and credits shall be calculated in accordance with the 
methods and procedures specified in paragraphs (g) and (h) of this 
section, respectively, and shall not include emissions during the 
following periods:
    (1) [Reserved]
    (2) Emissions during periods of monitoring excursions, as defined in 
Sec. 63.505 (g) or (h). For these periods, the calculation of monthly 
credits and debits shall be adjusted as specified in paragraphs 
(f)(2)(i) through (f)(2)(iii) of this section.
    (i) No credits would be assigned to the credit-generating emission 
point.
    (ii) Maximum debits would be assigned to the debit-generating 
emission point.
    (iii) The owner or operator may demonstrate to the Administrator 
that full or partial credits or debits should be assigned using the 
procedures in paragraph (l) of this section.
    (g) Debits are generated by the difference between the actual 
emissions from a Group 1 emission point that is uncontrolled or is 
controlled to a level

[[Page 677]]

less stringent than the applicable reference control technology or 
standard and the emissions allowed for the Group 1 emission point. 
Debits shall be calculated as follows:
    (1) Source-wide debits shall be calculated using Equation 33. Debits 
and all terms of the equation are in units of megagrams per month (Mg/
month):
[GRAPHIC] [TIFF OMITTED] TR09MR99.005

Where:

ECFEPViACTUAL = Emissions from each Group 1 continuous front-
          end process vent i that is uncontrolled or is controlled to a 
          level less stringent than the applicable reference control 
          technology. ECFEPViACTUAL is calculated according 
          to paragraph (g)(2)(iii) of this section.
(0.02)ECFEPViu = Emissions from each Group 1 continuous 
          front-end process vent i if the applicable reference control 
          technology had been applied to the uncontrolled emissions. 
          ECFEPViu is calculated according to paragraph 
          (g)(2)(ii) of this section.
ESiACTUAL = Emissions from each Group 1 storage vessel i that 
          is uncontrolled or is controlled to a level less stringent 
          than the applicable reference control technology or standard. 
          ESiACTUAL is calculated according to paragraph 
          (g)(3) of this section.
(0.05)ESiu = Emissions from each Group 1 storage vessel i if 
          the applicable reference control technology or standard had 
          been applied to the uncontrolled emissions. ESiu is 
          calculated according to paragraph (g)(3) of this section.
EBEPACTUAL = Emissions from back-end process operations that 
          do not meet the residual organic HAP limits in Sec. 63.494. 
          EBEPACTUAL is calculated according to paragraph 
          (g)(4)(i) of this section.
EBEPc = Emissions from back-end process operations if the 
          residual organic HAP limits in Sec. 63.494(a) were met. 
          EBEPc is calculated according to paragraph 
          (g)(4)(ii) of this section.
EWWiACTUAL = Emissions from each Group 1 wastewater stream i 
          that is uncontrolled or is controlled to a level less 
          stringent than the applicable reference control technology. 
          EWWiACTUAL is calculated according to paragraph 
          (g)(5) of this section.
EWWic = Emissions from each Group 1 wastewater stream i if 
          the reference control technology had been applied to the 
          uncontrolled emissions. EWWic is calculated 
          according to paragraph (g)(5) of this section.
EBFEPViACTUAL = Emissions from each Group 1 batch front-end 
          process vent stream i that is uncontrolled or is controlled to 
          a level less stringent than the applicable standard. 
          EBFEPViACTUAL is calculated according to paragraph 
          (g)(6)(ii) of this section.
(0.1) EBFEPViu = Emissions from each Group 1 batch front-end 
          process vent i if the applicable standard had been applied to 
          the uncontrolled emissions. EBFEPViu is calculated 
          according to paragraph (g)(6)(i) of this section.
EABViACTUAL = Emissions from each Group 1 aggregate batch 
          vent stream i that is uncontrolled or is controlled to a level 
          less stringent than the applicable standard. 
          EABViACTUAL is calculated according to paragraph 
          (g)(7)(iii) of this section.
(0.1) EABViu = Emissions from each Group 1 aggregate batch 
          vent stream i if the applicable standard had been applied to 
          the uncontrolled emissions. EABViu is calculated 
          according to paragraph (g)(7)(ii) of this section.
n = The number of emission points being included in the emissions 
          average.

    (2) Emissions from continuous front-end process vents shall be 
calculated as follows:
    (i) For purposes of determining continuous front-end process vent 
stream flow rate, organic HAP concentrations, and temperature, the 
sampling site shall be after the final product recovery device, if any 
recovery devices are present; before any control device (for

[[Page 678]]

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

where:

ECFEPViu=Uncontrolled continuous front-end process vent 
          emission rate from continuous front-end process vent i, Mg/
          month.
Q=Vent stream flow rate, dry standard m\3\/min, measured using Method 2, 
          2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
h=Monthly hours of operation during which positive flow is present in 
          the continuous front-end process vent, hr/month.
Cj=Concentration, ppmv, dry basis, of organic HAP j as 
          measured by Method 18 or Method 25A of 40 CFR part 60, 
          appendix A.
Mj=Molecular weight of organic HAP j, gram per gram-mole.
n=Number of organic HAP in stream.

    (A) The values of Q and Cj shall be determined during a 
performance test conducted under representative operating conditions. 
The values of Q and Cj shall be established in the 
Notification of Compliance Status and shall be updated as provided in 
paragraph (g)(2)(ii)(B) of this section.
    (B) If there is a change in capacity utilization other than a change 
in monthly operating hours, or if any other change is made to the 
process or product recovery equipment or operation such that the 
previously measured values of Q and Cj are no longer 
representative, a new performance test shall be conducted to determine 
new representative values of Q and Cj. These new values shall 
be used to calculate debits and credits from the time of the change 
forward, and the new values shall be reported in the next Periodic 
Report.
    (iii) The following procedures and equations shall be used to 
calculate ECFEPViACTUAL:
    (A) If the continuous front-end process vent is not controlled by a 
control device or pollution prevention measure, ECFEPViACTUAL 
= ECFEPViu, where ECFEPViu is calculated according 
to the procedures contained in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section.
    (B) If the continuous front-end process vent is controlled using a 
control device or a pollution prevention measure achieving less than 98-
percent reduction, ECFEPViACTUAL is calculated using Equation 
35.
[GRAPHIC] [TIFF OMITTED] TR05SE96.033

Where:

ECFEPViACTUAL = Emissions from each Group 1 continuous front-
          end process vent i that is uncontrolled or is controlled to a 
          level less stringent than the reference control technology.
ECFEPViu = Uncontrolled continuous front-end process vent 
          emission rate from continuous front-end process vent i, Mg/
          month.

    (1) The percent reduction shall be measured according to the 
procedures in Sec. 63.116 if a combustion control device is used. For a 
flare meeting the criteria in Sec. 63.116(a), or a boiler or process 
heater meeting the criteria in Sec. 63.116(b), the percent reduction 
shall be 98 percent. If a noncombustion control device is used, percent 
reduction

[[Page 679]]

shall be demonstrated by a performance test at the inlet and outlet of 
the device, or, if testing is not feasible, by a control design 
evaluation and documented engineering calculations.
    (2) For determining debits from Group 1 continuous front-end process 
vents, product recovery devices shall not be considered control devices 
and shall not be assigned a percent reduction in calculating 
ECFEPViACTUAL. The sampling site for measurement of 
uncontrolled emissions shall be after the final uncontrolled recovery 
device. However, as provided in Sec. 63.113(a)(3), a Group 1 continuous 
front-end process vent may add sufficient product recovery to raise the 
TRE index value above 1.0, thereby becoming a Group 2 continuous front-
end process vent. Such a continuous front-end process vent is not a 
Group 1 continuous front-end process vent and should, therefore, not be 
included in determining debits under this paragraph.
    (3) Procedures for calculating the percent reduction of pollution 
prevention measures are specified in paragraph (j) of this section.
    (3) Emissions from storage vessels shall be calculated using the 
procedures specified in Sec. 63.150(g)(3).
    (4) Emissions from back-end process operations shall be calculated 
as follows:
    (i) Equation 36 shall be used to calculate EBEPACTUAL:
    [GRAPHIC] [TIFF OMITTED] TR05SE96.034
    
where:

EBEPACTUAL = Actual emissions from back-end process 
          operations, Mg/month.
Ci = Residual organic HAP content of sample i, kg organic HAP 
          per Mg latex or dry crumb rubber.
Pi = Weight of latex or dry crumb rubber leaving the stripper 
          represented by sample i, Mg.

    (ii) Equation 37 shall be used to calculate EBEPc:
    [GRAPHIC] [TIFF OMITTED] TR05SE96.051
    
where:

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

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

[[Page 680]]

[GRAPHIC] [TIFF OMITTED] TR05SE96.035

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

where:

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

    (A) The values of Q and Cj shall be determined during a 
performance test conducted under representative operating conditions. 
The values of Q and Cj shall be established in the 
Notification of Compliance Status and shall be updated as provided in 
paragraph (g)(7)(ii)(B) of this section.
    (B) If there is a change in capacity utilization other than a change 
in monthly operating hours, or if any other change is made to the 
process or product recovery equipment or operation such that the 
previously measured values of Q and Cj are no longer 
representative, a new performance test shall be conducted to determine 
new representative values of Q and Cj. These new values shall 
be used to calculate debits and credits from the time of the change 
forward, and the new values shall be reported in the next Periodic 
Report.
    (iii) The following procedures and equations shall be used to 
calculate EABViACTUAL:
    (A) If the aggregate batch vent is not controlled by a control 
device or pollution prevention measure, EABViACTUAL = 
EABViu, where EABViu is calculated according to 
the procedures in paragraphs (g)(7)(i) and (g)(7)(ii) of this section.
    (B) If the aggregate batch vent stream is controlled using a control 
device or a pollution prevention measure achieving less than 90 percent 
reduction, calculate EABViACTUAL using Equation 40.

[[Page 681]]

[GRAPHIC] [TIFF OMITTED] TR05SE96.037

    (1) The percent reduction for control devices shall be determined 
according to the procedures in Sec. 63.490(e).
    (2) The percent reduction of pollution prevention measures shall be 
calculated according to the procedures specified in paragraph (j) of 
this section.
    (h) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2 emission point and the actual 
emissions from that Group 1 or Group 2 emission point that has been 
controlled after November 15, 1990 to a level more stringent than what 
is required by this subpart or any other State or Federal rule or 
statute. Credits shall be calculated as follows:
    (1) Source-wide credits shall be calculated using Equation 41. 
Credits and all terms of the equation are in units of Mg/month, and the 
baseline date is November 15, 1990:
[GRAPHIC] [TIFF OMITTED] TR19JN00.022

Where:

D = Discount factor = 0.9 for all credit generating emission points, 
          except those controlled by a pollution prevention measure; 
          discount factor = 1.0 for each credit generating emission 
          point controlled by a pollution prevention measure (i.e., no 
          discount provided).
ECFEPV1iACTUAL = Emissions for each Group 1 continuous front-
          end process vent i that is controlled to a level more 
          stringent than the reference control technology. 
          ECFEPV1iACTUAL is calculated according to paragraph 
          (h)(2)(ii) of this section.
(0.02)ECFEPV1iu = Emissions from each Group 1 continuous 
          front-end process vent i if the reference control technology 
          had been applied to the uncontrolled emissions. 
          ECFEPV1iu is calculated according to paragraph 
          (h)(2)(i) of this section.
ECFEPV2iACTUAL = Emissions from each Group 2 continuous 
          front-end process vent i that is controlled. 
          ECFEPV2iACTUAL is calculated according to paragraph 
          (h)(2)(iii) of this section.
ECFEPV2iBASE = Emissions from each Group 2 continuous front-
          end process vent i at the baseline date. 
          ECFEPV2iBASE is calculated in paragraph (h)(2)(iv) 
          of this section.
ES1iACTUAL = Emissions from each Group 1 storage vessel i 
          that is controlled to a level more stringent than the 
          reference control technology or standard. 
          ES1iACTUAL is calculated according to paragraph 
          (h)(3) of this section.
(0.05) ES1iu = Emissions from each Group 1 storage vessel i 
          if the reference control technology had been applied to the 
          uncontrolled emissions. ES1iu is calculated 
          according to paragraph (h)(3) of this section.
ES2iACTUAL = Emissions from each Group 2 storage vessel i 
          that is controlled. ES2iACTUAL is calculated 
          according to paragraph (h)(3) of this section.
ES2iBASE = Emissions from each Group 2 storage vessel i at 
          the baseline date. ES2iBASE is calculated in 
          paragraph (h)(3) of this section.
EBEPACTUAL = Actual emissions from back-end process 
          operations, Mg/month.

[[Page 682]]

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

    (i) Except as specified in paragraph (h)(1)(iv) of this section, for 
an emission point controlled using a reference control technology, the 
percent reduction for calculating credits shall be no greater than the 
nominal efficiency associated with the reference control technology, 
unless a higher nominal efficiency is assigned as specified in paragraph 
(h)(1)(ii) of this section.
    (ii) For an emission point controlled to a level more stringent than 
the reference control technology, the nominal efficiency for calculating 
credits shall be assigned as described in paragraph (i) of this section. 
A reference control technology may be approved for use in a different 
manner and assigned a higher nominal efficiency according to the 
procedures in paragraph (i) of this section. A reference control 
technology may be approved for use in a different manner and assigned a 
higher nominal efficiency according to the procedure in paragraph (i) of 
this section.
    (iii) For an emission point controlled using a pollution prevention 
measure, except for back-end process operation emissions, the nominal 
efficiency for calculating credits shall be as determined as described 
in paragraph (j) of this section. Emissions for back-end process 
operations shall be determined as described in paragraph (h)(4) of this 
section.
    (iv) For Group 1 and Group 2 batch front-end process vents and Group 
1 and Group 2 aggregate batch vent

[[Page 683]]

streams, the percent reduction for calculating credits shall be the 
percent reduction determined according to the procedures in paragraphs 
(h)(6)(ii) and (h)(6)(iii) of this section for batch front-end process 
vents and paragraphs (h)(7)(ii) and (h)(7)(iii) of this section for 
aggregate batch vent streams.
    (2) Emissions from continuous front-end process vents shall be 
determined as follows:
    (i) Uncontrolled emissions from Group 1 continuous front-end process 
vents, ECFEPV1iu, shall be calculated according to the 
procedures and equation for ECFEPViu in paragraphs (g)(2)(i) 
and (g)(2)(ii) of this section.
    (ii) Actual emissions from Group 1 continuous front-end process 
vents controlled using a technology with an approved nominal efficiency 
greater than 98 percent or a pollution prevention measure achieving 
greater than 98 percent emission reduction, ECFEPV1iACTUAL, 
shall be calculated using Equation 42.
[GRAPHIC] [TIFF OMITTED] TR05SE96.039

Where:

ECFEPV1iACTUAL = Emissions for each Group 1 continuous front-
          end process vent i that is controlled to a level more 
          stringent than the reference control technology.
ECFEPV1iu = Emissions from each Group 1 continuous front-end 
          process vent i if the reference control technology had been 
          applied to the uncontrolled emissions.

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 continuous front-end process vents, 
ECFEPV2iACTUAL:
    (A) For a Group 2 continuous front-end process vent controlled by a 
control device, a recovery device applied as a pollution prevention 
project, or a pollution prevention measure, where the control achieves a 
percent reduction less than or equal to 98 percent reduction, Equation 
43 shall be used.
[GRAPHIC] [TIFF OMITTED] TR05SE96.040

    Where:

ECFEPV2iACTUAL=Emissions from each Group 2 continuous
front-end process vent i that is controlled.
ECFEPV2iu=Emissions from each Group 2 continuous front-end 
          process vent i if the reference control technology had been 
          applied to the uncontrolled emissions.

    (1) ECFEPV2iu shall be calculated according to the 
equations and procedures for ECFEPViu in paragraphs (g)(2)(i) 
and (g)(2)(ii) of this section, except as provided in paragraph 
(h)(2)(iii)(A)(3) of this section.
    (2) The percent reduction shall be calculated according to the 
procedures in paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of 
this section, except as provided in paragraph (h)(2)(iii)(A)(4) of this 
section.
    (3) If a recovery device was added as part of a pollution prevention 
project, ECFEPV2iu shall be calculated prior to that recovery 
device. The equation for ECFEPViu in paragraph (g)(2)(ii) of 
this section shall be used to calculate ECFEPV2iu; however, 
the sampling site for measurement of vent stream flow rate and organic 
HAP concentration shall be at the inlet of the recovery device.
    (4) If a recovery device was added as part of a pollution prevention 
project, the percent reduction shall be demonstrated by conducting a 
performance

[[Page 684]]

test at the inlet and outlet of that recovery device.
    (B) For a Group 2 continuous front-end process vent controlled using 
a technology with an approved nominal efficiency greater than 98 percent 
or a pollution prevention measure achieving greater than 98 percent 
reduction, Equation 44 shall be used.
[GRAPHIC] [TIFF OMITTED] TR05SE96.041

Where:

ECFEPV2iACTUAL=Emissions from each Group 2 continuous
front-end process vent i that is controlled.
ECFEPV2iu=Emissions from each Group 2 continuous front-end 
          process vent i if the reference control technology had been 
          applied to the uncontrolled emissions.

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

    (1) ECFEPV2iu is calculated according to the procedures 
and equation for ECFEPViu in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this section.
    (2) The percent reduction shall be calculated according to the 
procedures specified in paragraphs (g)(2)(iii)(B)(1) through 
(g)(2)(iii)(B)(3) of this section.
    (C) If a recovery device was added as part of a pollution prevention 
project initiated after November 15, 1990, 
ECFEPV2iBASE=ECFEPV2iu, where ECFEPV2iu 
is calculated according to paragraph (h)(2)(iii)(A)(3) of this section.
    (3) Emissions from storage vessels shall be calculated using the 
procedures specified in Sec. 63.150(h)(3).
    (4) Emissions from back-end process operations shall be calculated 
as follows:
    (i) EBEPACTUAL shall be calculated according to the 
equation for EBEPACTUAL contained in paragraph (g)(4)(i) of 
this section.
    (ii) EBEPc shall be calculated according to the equation 
for EBEPc contained in paragraph (g)(4)(ii) of this section.
    (5) Emissions from wastewater streams shall be calculated using the 
procedures specified in Sec. 63.150(h)(5).
    (6) Emissions from batch front-end process vents shall be determined 
as follows:
    (i) Uncontrolled emissions from Group 1 batch front-end process 
vents (EBFEPV1iu) shall be calculated according using the 
procedures specified in Sec. 63.488(b).
    (ii) Actual emissions from Group 1 batch front-end process vents 
controlled to a level more stringent than the standard 
(EBFEPV1iACTUAL) shall be calculated using Equation 46, where 
percent reduction is for the batch cycle:

[[Page 685]]

[GRAPHIC] [TIFF OMITTED] TR05SE96.043

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

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

    (7) Emissions from aggregate batch vent streams shall be determined 
as follows:
    (i) Uncontrolled emissions from Group 1 aggregate batch vent streams 
(EABV1iu) shall be calculated according to the procedures and 
equation for EABViu in paragraphs (g)(7)(i) and (g)(7)(ii) of 
this section.
    (ii) Actual emissions from Group 1 aggregate batch vent streams 
controlled to a level more stringent than the standard 
(EABV1iACTUAL) shall be calculated using Equation 49:
[GRAPHIC] [TIFF OMITTED] TR09MR99.007

    (A) The percent reduction for control devices shall be determined 
according to the procedures in Sec. 63.490(e).
    (B) The percent reduction of pollution prevention measures shall be 
calculated using the procedures specified in paragraph (j) of this 
section.

[[Page 686]]

    (iii) Actual emissions from Group 2 aggregate batch vents streams 
(EABV2iACTUAL) shall be calculated using Equation 50 and the 
procedures in paragraphs (h)(7)(ii)(A) through (h)(7)(ii)(B) of this 
section. EABV2iu shall be calculated according to the 
equations and procedures for EABViu in paragraphs (g)(7)(i) 
and (g)(7)(ii) of this section.
[GRAPHIC] [TIFF OMITTED] TR05SE96.047

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

    (i) The following procedures shall be followed to establish nominal 
efficiencies for emission controls for storage vessels, continuous 
front-end process vents, and process wastewater streams. The procedures 
in paragraphs (i)(1) through (i)(6) of this section shall be followed 
for control technologies that are different in use or design from the 
reference control technologies and achieve greater percent reductions 
than the percent efficiencies assigned to the reference control 
technologies in Sec. 63.111.
    (1) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology, and the different 
control technology will be used in more than three applications at a 
single plant-site, the owner or operator shall submit the information 
specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section, as 
specified in Sec. 63.506(e)(7)(ii), to the Director of the EPA Office 
of Air Quality Planning and Standards, in writing.
    (i) Emission stream characteristics of each emission point to which 
the control technology is or will be applied, including the kind of 
emission point, flow, organic HAP concentration, and all other stream 
characteristics necessary to design the control technology or determine 
its performance.
    (ii) Description of the control technology, including design 
specifications.
    (iii) Documentation demonstrating to the Administrator's 
satisfaction the control efficiency of the control technology. This may 
include performance test data collected using an appropriate EPA Method 
or any other method validated according to Method 301, 40 CFR part 63, 
appendix A. If it is infeasible to obtain test data, documentation may 
include a design evaluation and calculations. The engineering basis of 
the calculation procedures and all inputs and assumptions made in the 
calculations shall be documented.
    (iv) A description of the parameter or parameters to be monitored to 
ensure

[[Page 687]]

that the control technology will be operated in conformance with its 
design and an explanation of the criteria used for selection of that 
parameter (or parameters).
    (2) The Administrator shall determine within 120 days whether an 
application presents sufficient information to determine nominal 
efficiency. The Administrator reserves the right to request specific 
data in addition to the items listed in paragraph (i)(1) of this 
section.
    (3) The Administrator shall determine within 120 days of the 
submittal of sufficient data whether a control technology shall have a 
nominal efficiency and the level of that nominal efficiency. If, in the 
Administrator's judgment, the control technology achieves a level of 
emission reduction greater than the reference control technology for a 
particular kind of emission point, the Administrator will publish a 
Federal Register notice establishing a nominal efficiency for the 
control technology.
    (4) The Administrator may grant permission to take emission credits 
for use of the control technology. The Administrator may also impose 
requirements that may be necessary to ensure operation and maintenance 
to achieve the specified nominal efficiency.
    (5) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology and the different 
control technology will be used in no more than three applications at a 
single plant site, the owner or operator shall submit the information 
listed in paragraph (i)(1)(i) as specified in Sec. 63.506(e)(7)(ii) to 
the Administrator.
    (i) In these instances, use and conditions for use of the control 
technology may be approved by the permitting authority as part of an 
operating permit application or modification. The permitting authority 
shall follow the procedures specified in paragraphs (i)(2) through 
(i)(4) of this section except that, in these instances, a Federal 
Register notice is not required to establish the nominal efficiency for 
the different technology.
    (ii) If, in reviewing the application, the permitting authority 
believes the control technology has broad applicability for use by other 
sources, the permitting authority shall submit the information provided 
in the application to the Director of the EPA Office of Air Quality 
Planning and Standards. The Administrator shall review the technology 
for broad applicability and may publish a Federal Register notice; 
however, this review shall not affect the permitting authority's 
approval of the nominal efficiency of the control technology for the 
specific application.
    (6) If, in reviewing an application for a control technology for an 
emission point, the Administrator or permitting authority determines 
that the control technology is not different in use or design from the 
reference control technology, the Administrator or permitting authority 
shall deny the application.
    (j) The following procedures shall be used for calculating the 
efficiency (percent reduction) of pollution prevention measures for 
storage vessels, continuous front-end process vents, batch front-end 
process vents, aggregate batch vent streams, and wastewater streams:
    (1) A pollution prevention measure is any practice which meets the 
criteria of paragraphs (j)(1)(i) and (j)(1)(ii) of this section.
    (i) A pollution prevention measure is any practice that results in a 
lesser quantity of organic HAP emissions per unit of product released to 
the atmosphere prior to out-of-process recycling, treatment, or control 
of emissions, while the same product is produced.
    (ii) Pollution prevention measures may include substitution of 
feedstocks that reduce organic HAP emissions; alterations to the 
production process to reduce the volume of materials released to the 
environment; equipment modifications; housekeeping measures; and in-
process recycling that returns waste materials directly to production as 
raw materials. Production cutbacks do not qualify as pollution 
prevention.
    (2) The emission reduction efficiency of pollution prevention 
measures implemented after November 15, 1990, may be used in calculating 
the actual emissions from an emission point in the

[[Page 688]]

debit and credit equations in paragraphs (g) and (h) of this section.
    (i) For pollution prevention measures, the percent reduction is used 
in the equations in paragraphs (g)(2) through (g)(7) of this section and 
paragraphs (h)(2) through (h)(7) of this section is the percent 
difference between the monthly organic HAP emissions for each emission 
point after the pollution prevention measure for the most recent month 
versus monthly emissions from the same emission point before the 
pollution prevention measure, adjusted by the volume of product produced 
during the two monthly periods.
    (ii) Equation 52 shall be used to calculate the percent reduction of 
a pollution prevention measure for each emission point.
[GRAPHIC] [TIFF OMITTED] TR05SE96.049

where:

Percent reduction=Efficiency of pollution prevention measure (percent 
          organic HAP reduction).
EB=Monthly emissions before the pollution prevention measure, 
          Mg/month, determined as specified in paragraphs (j)(2)(ii)(A), 
          (j)(2)(ii)(B), and (j)(2)(ii)(C) of this section.
Epp=Monthly emissions after the pollution prevention measure, 
          Mg/month, as determined for the most recent month, determined 
          as specified in either paragraphs (j)(2)(ii)(D) or 
          (j)(2)(ii)(E) of this section.
PB=Monthly production before the pollution prevention 
          measure, Mg/month, during the same period over which 
          EB is calculated.
Ppp=Monthly production after the pollution prevention 
          measure, Mg/month, as determined for the most recent month.

    (A) The monthly emissions before the pollution prevention measure, 
EB, shall be determined in a manner consistent with the 
equations and procedures in paragraph (g)(2) of this section for 
continuous front-end process vents, paragraph (g)(3) of this section for 
storage vessels, paragraph (g)(6) of this section for batch front-end 
process vents, and paragraph (g)(7) of this section for aggregate batch 
vent streams.
    (B) For wastewater, EB shall be calculated according to 
Sec. 63.150(j)(2)(ii)(B).
    (C) If the pollution prevention measure was implemented prior to 
September 5, 1996, records may be used to determine E B.
    (D) The monthly emissions after the pollution prevention measure, 
Epp, may be determined during a performance test or by a 
design evaluation and documented engineering calculations. Once an 
emissions-to-production ratio has been established, the ratio may be 
used to estimate monthly emissions from monthly production records.
    (E) For wastewater, Epp shall be calculated according to 
Sec. 63.150(j)(2)(ii)(E).
    (iii) All equations, calculations, test procedures, test results, 
and other information used to determine the percent reduction achieved 
by a pollution prevention measure for each emission point shall be fully 
documented.
    (iv) The same pollution prevention measure may reduce emissions from 
multiple emission points. In such cases, the percent reduction in 
emissions for each emission point shall be calculated.
    (v) For the purposes of the equations in paragraphs (h)(2) through 
(h)(7) of this section, used to calculate credits for emission points 
controlled more stringently than the reference control technology or 
standard, the nominal efficiency of a pollution prevention measure is 
equivalent to the percent reduction of the pollution prevention measure. 
When a pollution prevention measure is used, the owner or operator of an 
affected source is not required to apply to the Administrator for a 
nominal efficiency and is not subject to paragraph (i) of this section.
    (k) The owner or operator shall demonstrate that the emissions from 
the

[[Page 689]]

emission points proposed to be included in the emissions average will 
not result in greater hazard, or at the option of the Administrator, 
greater risk to human health or the environment than if the emission 
points were controlled according to the provisions in Sec. Sec. 63.484, 
63.485, 63.486, 63.493, and 63.501.
    (1) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the Administrator.
    (i) The Administrator may require owners and operators to use 
specific methodologies and procedures for making a hazard or risk 
determination.
    (ii) The demonstration and approval of hazard or risk equivalency 
shall be made according to any guidance that the Administrator makes 
available for use.
    (2) Owners and operators shall provide documentation demonstrating 
the hazard or risk equivalency of their proposed emissions average in 
their operating permit application or in their Emissions Averaging Plan 
if an operating permit application has not yet been submitted.
    (3) An Emissions Averaging Plan that does not demonstrate hazard or 
risk equivalency to the satisfaction of the Administrator shall not be 
approved. The Administrator may require such adjustments to the 
Emissions Averaging Plan as are necessary in order to ensure that the 
emissions average will not result in greater hazard or risk to human 
health or the environment than would result if the emission points were 
controlled according to Sec. Sec. 63.484, 63.485, 63.486, 63.493, and 
63.501.
    (4) A hazard or risk equivalency demonstration shall:
    (i) Be a quantitative, bona fide chemical hazard or risk assessment;
    (ii) Account for differences in chemical hazard or risk to human 
health or the environment; and
    (iii) Meet any requirements set by the Administrator for such 
demonstrations.
    (l) For periods of monitoring excursions, an owner or operator may 
request that the provisions of paragraphs (l)(1) through (l)(4) of this 
section be followed instead of the procedures in paragraphs (f)(2)(i) 
and (f)(2)(ii) of this section.
    (1) The owner or operator shall notify the Administrator of 
monitoring excursions in the Periodic Reports as required in Sec. 
63.506(e)(6).
    (2) The owner or operator shall demonstrate that other types of 
monitoring data or engineering calculations are appropriate to establish 
that the control device for the emission point was operating in such a 
fashion to warrant assigning full or partial credits and debits. This 
demonstration shall be made to the Administrator's satisfaction, and the 
Administrator may establish procedures for demonstrating compliance that 
are acceptable.
    (3) The owner or operator shall provide documentation of the 
excursion and the other types of monitoring data or engineering 
calculations to be used to demonstrate that the control device for the 
emission point was operating in such a fashion to warrant assigning full 
or partial credits and debits.
    (4) The Administrator may assign full or partial credit and debits 
upon review of the information provided.
    (m) For each emission point included in an emissions average, the 
owner or operator shall perform testing, monitoring, recordkeeping, and 
reporting equivalent to that required for Group 1 emission points 
complying with Sec. Sec. 63.484, 63.485, 63.486, 63.493, and 63.501, as 
applicable. If back-end process operations are included in an emissions 
average, the owner or operator shall perform testing, monitoring, 
recordkeeping, and reporting equivalent to that required for back-end 
process operations complying with Sec. 63.493. The specific 
requirements for continuous front-end process vents, batch front-end 
process vents, aggregate batch vent streams, storage vessels, back-end 
process operations, and wastewater are identified in paragraphs (m)(1) 
through (m)(6) of this section.
    (1) For each continuous front-end process vent equipped with a 
flare, incinerator, boiler, or process heater, as appropriate to the 
control technique:
    (i) Determine whether the continuous front-end process vent is Group 
1 or Group 2 according to the procedures specified in Sec. 63.115 and 
as required by Sec. 63.485;

[[Page 690]]

    (ii) Conduct initial performance tests to determine percent 
reduction as specified in Sec. 63.116 and as required by Sec. 63.485; 
and
    (iii) Monitor the operating parameters, keep records, and submit 
reports as specified in Sec. Sec. 63.114, 63.117(a), and 63.118(a) and 
(f), as required, for the specific control device as required by Sec. 
63.485.
    (2) For each continuous front-end process vent equipped with a 
carbon adsorber, absorber, or condenser but not equipped with a control 
device, as appropriate to the control technique:
    (i) Determine the flow rate, organic HAP concentration, and TRE 
index value according to the procedures specified in Sec. 63.115; and
    (ii) Monitor the operating parameters, keep records, and submit 
reports according to the procedures specified in Sec. Sec. 63.114, 
63.117(a), and 63.118(b) and (f), as required, for the specific recovery 
device, and as required by Sec. 63.485.
    (3) For each storage vessel controlled with an internal floating 
roof, external roof, or a closed vent system with a control device, as 
appropriate to the control technique:
    (i) Perform the monitoring or inspection procedures according to the 
procedures specified in Sec. 63.120, and as required by Sec. 63.484;
    (ii) Perform the reporting and recordkeeping procedures according to 
the procedures specified in Sec. Sec. 63.122 and 63.123, and as 
required by Sec. 63.484; and
    (iii) For closed vent systems with control devices, conduct an 
initial design evaluation and submit an operating plan according to the 
procedures specified in Sec. Sec. 63.120(d) and 63.122(b), and as 
required by Sec. 63.484.
    (4) For back-end process operations included in an emissions 
average:
    (i) If stripping technology, and no control or recovery device, is 
used to reduce back-end process operation emissions, the owner or 
operator shall implement the following portions of this subpart:
    (A) Paragraphs (b)(1), (b)(2), and (b)(3) of Sec. 63.495, paragraph 
(b) of Sec. 63.498, and the applicable provisions of Sec. 63.499, or
    (B) Paragraphs (c) (1), (2), and (3) of Sec. 63.495, paragraph (c) 
of Sec. 63.498, and the applicable provisions of Sec. 63.499;
    (ii) If a control or recovery device is used to reduce back-end 
process operation emissions, the owner or operator of the affected 
source shall comply with Sec. Sec. 63.496, 63.497, 63.498(d), and the 
applicable provisions of 63.499, and shall implement the provisions of 
these sections.
    (5) For wastewater emission points, as appropriate to the control 
techniques:
    (i) For wastewater treatment processes, conduct tests according to 
the procedures specified in Sec. 63.138(i) and (j), and as required by 
Sec. 63.501;
    (ii) Conduct inspections and monitoring according to the procedures 
specified in Sec. 63.143, and as required by Sec. 63.501;
    (iii) Implement a recordkeeping program according to the procedures 
specified in Sec. 63.147, and as required by Sec. 63.501; and
    (iv) Implement a reporting program according to the procedures 
specified in Sec. 63.146, and as required by Sec. 63.501.
    (6) For each batch front-end process vent and aggregate batch vent 
stream equipped with a control device, as appropriate to the control 
technique:
    (i) Determine whether the batch front-end process vent or aggregate 
batch vent stream is Group 1 or Group 2 according to the procedures 
specified in Sec. 63.488;
    (ii) Conduct performance tests according to the procedures specified 
in Sec. 63.490;
    (iii) Conduct monitoring according to the procedures specified in 
Sec. 63.489; and
    (iv) Perform the recordkeeping and reporting procedures according to 
the procedures specified in Sec. Sec. 63.491 and 63.492.
    (7) If an emission point in an emissions average is controlled using 
a pollution prevention measure or a device or technique for which no 
monitoring parameters or inspection procedures are required by 
Sec. Sec. 63.484, 63.485, 63.486, 63.493, or Sec. 63.501, the owner or 
operator shall submit the information specified in Sec. 63.506(f) for 
alternate monitoring parameters or inspection procedures in the 
Emissions Averaging Plan or operating permit application.
    (n) Records of all information required to calculate emission debits 
and credits shall be retained for 5 years.

[[Page 691]]

    (o) Precompliance Reports, Emission Averaging Plans, Notifications 
of Compliance Status, Periodic Reports, and other reports shall be 
submitted as required by Sec. 63.506.

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11543, Mar. 9, 1999; 65 
FR 38071, June 19, 2000; 76 FR 22592, Apr. 21, 2011]



Sec. 63.504  Additional requirements for performance testing.

    (a) Performance testing shall be conducted in accordance with Sec. 
63.7(a)(1), (a)(3), (d), (e)(1), (e)(2), (e)(4), (g), and (h), with the 
exceptions specified in paragraphs (a)(1) through (a)(5) of this section 
and the additions specified in paragraph (b) of this section. Sections 
63.484 through 63.501 also contain specific testing requirements.
    (1) Performance tests shall be conducted at maximum representative 
operating conditions achievable during one of the time periods described 
in paragraph (a)(1)(i) of this section, without causing any of the 
situations described in paragraph (a)(1)(ii) of this section to occur. 
Upon request, the owner or operator shall make available to the 
Administrator such records as may be necessary to determine the 
conditions of performance tests.
    (i) The 6-month period that ends 2 months before the Notification of 
Compliance Status is due, according to Sec. 63.506(e)(5); or the 6-
month period that begins 3 months before the performance test and ends 3 
months after the performance test.
    (ii) Causing damage to equipment; necessitating that the owner or 
operator make product that does not meet an existing specification for 
sale to a customer; or necessitating that the owner or operator make 
product in excess of demand.
    (2) References in Sec. 63.7(g) to the Notification of Compliance 
Status requirements in Sec. 63.9(h) shall refer to the requirements in 
Sec. 63.506(e)(5).
    (3) Because the site-specific test plans in Sec. 63.7(c)(3) are not 
required, Sec. 63.7(h)(4)(ii) is not applicable.
    (4) The owner or operator shall notify the Administrator of the 
intent to conduct a performance test at least 30 days before the 
performance test is scheduled, to allow the Administrator the 
opportunity to have an observer present during the test. If after 30 
days notice for an initially scheduled performance test, there is a 
delay (due to operational problems, etc.) in conducting the scheduled 
performance test, the owner or operator of an affected facility shall 
notify the Administrator as soon as possible of any delay in the 
original test date, either by providing at least 7 days prior notice of 
the rescheduled date of the performance test, or by arranging a 
rescheduled date with the Administrator by mutual agreement.
    (5) Performance tests shall be performed no later than 150 days 
after the compliance dates specified in this subpart (i.e., in time for 
the results to be included in the Notification of Compliance Status), 
rather than according to the time periods in Sec. 63.7(a)(2).
    (b) Data shall be reduced in accordance with the EPA approved 
methods specified in the applicable subpart or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301, 40 CFR part 63, appendix A.
    (c) Notwithstanding any other provision of this subpart, if an owner 
or operator of an affected source uses a flare to comply with any of the 
requirements of this subpart, the owner or operator shall comply with 
paragraphs (c)(1) through (c)(3) of this section. The owner or operator 
is not required to conduct a performance test to determine percent 
emission reduction or outlet organic HAP or TOC concentration. If a 
compliance demonstration has been conducted previously for a flare, 
using the techniques specified in paragraphs (c)(1) through (c)(3) of 
this section, that compliance demonstration may be used to satisfy the 
requirements of this paragraph if either no deliberate process changes 
have been made since the compliance demonstration, or the results of the 
compliance demonstration reliably demonstrate compliance despite process 
changes.
    (1) Conduct a visible emission test using the techniques specified 
in Sec. 63.11(b)(4);
    (2) Determine the net heating value of the gas being combusted, 
using the techniques specified in Sec. 63.11(b)(6); and
    (3) Determine the exit velocity using the techniques specified in 
either

[[Page 692]]

Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where applicable) or 
Sec. 63.11(b)(8), as appropriate.

[65 FR 38073, June 19, 2000, as amended at 76 FR 22592, Apr. 21, 2011]



Sec. 63.505  Parameter monitoring levels and excursions.

    (a) Establishment of parameter monitoring levels. The owner or 
operator of a control or recovery device that has one or more parameter 
monitoring level requirements specified under this subpart shall 
establish a maximum or minimum level for each measured parameter. If a 
performance test is required by this subpart for a control device, the 
owner or operator shall use the procedures in either paragraph (b) or 
(c) of this section to establish the parameter monitoring level(s). If a 
performance test is not required by this subpart for a control device, 
the owner or operator may use the procedures in paragraph (b), (c), or 
(d) of this section to establish the parameter monitoring levels. When 
using the procedures specified in paragraph (c) or (d) of this section, 
the owner or operator shall submit the information specified in Sec. 
63.506(e)(3)(vii) for review and approval, as part of the Precompliance 
Report.
    (1) The owner or operator shall operate control and recovery devices 
such that the daily average of monitored parameters remains above the 
minimum established level or below the maximum established level, except 
as otherwise stated in this subpart.
    (2) As specified in Sec. 63.506(e)(5), all established levels, 
along with their supporting documentation and the definition of an 
operating day, shall be submitted as part of the Notification of 
Compliance Status.
    (3) Nothing in this section shall be construed to allow a monitoring 
parameter excursion caused by an activity that violates other applicable 
provisions of subpart A, F, G, or H of this part.
    (b) Establishment of parameter monitoring levels based exclusively 
on performance tests. In cases where a performance test is required by 
this subpart, or the owner or operator of the affected source elects to 
do a performance test in accordance with the provisions of this subpart, 
and an owner or operator elects to establish a parameter monitoring 
level for a control, recovery, or recapture device based exclusively on 
parameter values measured during the performance test, the owner or 
operator of the affected source shall comply with the procedures in 
paragraphs (b)(1) through (b)(4) of this section, as applicable.
    (1) [Reserved]
    (2) Back-end process operations using a control or recovery device 
to comply with Sec. Sec. 63.493 through 63.500 and continuous front-end 
process vents. During initial compliance testing, the appropriate 
parameter shall be continuously monitored during the required 1-hour 
runs. The monitoring level(s) shall then be established as the average 
of the maximum (or minimum) point values from the three test runs. The 
average of the maximum values shall be used when establishing a maximum 
level, and the average of the minimum values shall be used when 
establishing a minimum level.
    (3) Batch front-end process vents. The monitoring level(s) shall be 
established using the procedures specified in either paragraph (b)(3)(i) 
or (b)(3)(ii) of this section. The procedures specified in this 
paragraph (b)(3) may only be used if the batch emission episodes, or 
portions thereof, selected to be controlled were tested, and monitoring 
data were collected, during the entire period in which emissions were 
vented to the control device, as specified in Sec. 63.490(c)(1)(i). If 
the owner or operator chose to test only a portion of the batch emission 
episode, or portion thereof, selected to be controlled, the procedures 
in paragraph (c) of this section shall be used.
    (i) If more than one batch emission episode or more than one portion 
of a batch emission episode has been selected to be controlled, a single 
level for the batch cycle shall be calculated as follows:
    (A) The average monitored parameter value shall be calculated for 
each batch emission episode, or portion thereof, in the batch cycle 
selected to be controlled. The average shall be based on all values 
measured during the required performance test.

[[Page 693]]

    (B) If the level to be established is a maximum operating parameter, 
the level shall be defined as the minimum of the average parameter 
values of the batch emission episodes, or portions thereof, in the batch 
cycle selected to be controlled (i.e., identify the emission episode, or 
portion thereof, which requires the lowest parameter value in order to 
assure compliance. The average parameter value that is necessary to 
assure compliance for that emission episode, or portion thereof, shall 
be the level for all emission episodes, or portions thereof, in the 
batch cycle, that are selected to be controlled).
    (C) If the level to be established is a minimum operating parameter, 
the level shall be defined as the maximum of the average parameter 
values of the batch emission episodes, or portions thereof, in the batch 
cycle selected to be controlled (i.e., identify the emission episode, or 
portion thereof, which requires the highest parameter value in order to 
assure compliance. The average parameter value that is necessary to 
assure compliance for that emission episode, or portion thereof, shall 
be the level for all emission episodes, or portions thereof, in the 
batch cycle, that are selected to be controlled).
    (D) Alternatively, an average monitored parameter value shall be 
calculated for the entire batch cycle based on all values measured 
during each batch emission episode, or portion thereof, selected to be 
controlled.
    (ii) Instead of establishing a single level for the batch cycle, as 
described in paragraph (b)(3)(i) of this section, an owner or operator 
may establish separate levels for each batch emission episode, or 
portion thereof, selected to be controlled. Each level shall be 
determined as specified in paragraph (b)(3)(i)(A) of this section.
    (iii) The batch cycle shall be defined in the Notification of 
Compliance Status, as specified in Sec. 63.506(e)(5). The definition 
shall include an identification of each batch emission episode and the 
information required to determine parameter monitoring compliance for 
partial batch cycles (i.e., when part of a batch cycle is accomplished 
during two different operating days).
    (4) Aggregate batch vent streams. For aggregate batch vent streams, 
the monitoring level shall be established in accordance with paragraph 
(b)(2) of this section.
    (c) Establishment of parameter monitoring levels based on 
performance tests, supplemented by engineering assessments and/or 
manufacturer's recommendations. In cases where a performance test is 
required by this subpart, or the owner or operator elects to do a 
performance test in accordance with the provisions of this subpart, and 
the owner or operator elects to establish a parameter monitoring level 
for a control, recovery, or recapture device under this paragraph (c), 
the owner or operator shall supplement the parameter values measured 
during the performance test with engineering assessments and/or 
manufacturer's recommendations. Performance testing is not required to 
be conducted over the entire range of expected parameter values.
    (d) Establishment of parameter monitoring based on engineering 
assessments and/or manufacturer's recommendations. In cases where a 
performance test is not required by this subpart and an owner or 
operator elects to establish a parameter monitoring level for a control, 
recovery, or recapture device under this paragraph (d), the 
determination of the parameter monitoring level shall be based 
exclusively on engineering assessments and/or manufacturer's 
recommendations.
    (e) Demonstration of compliance with back-end process provisions 
using stripper parameter monitoring. If the owner or operator is 
demonstrating compliance with Sec. 63.495 using stripper parameter 
monitoring, stripper parameter levels shall be established for each 
grade in accordance with paragraphs (e)(1) and (e)(2) of this section. A 
single set of stripper parameter levels may be representative of 
multiple grades.
    (1) For each grade, the owner or operator shall calculate the 
residual organic HAP content using the procedures in paragraphs 
(e)(1)(i) and (e)(1)(ii) of this section.
    (i) The location of the sampling shall be in accordance with Sec. 
63.495(d).
    (ii) The residual organic HAP content in each sample is to be 
determined using Methods specified in Sec. 63.495(e).
    (2) For each grade, the owner or operator shall establish stripper 
operating

[[Page 694]]

parameter levels that represent stripper operation during the residual 
organic HAP content determination in paragraph (e)(1) of this section. 
The stripper operating parameters shall include, at a minimum, 
temperature, pressure, steaming rates (for steam strippers), and some 
parameter that is indicative of residence time.
    (3) After the initial determinations, an owner or operator may add a 
grade, with corresponding stripper parameter levels, using the 
procedures in paragraphs (e)(1) and (e)(2) of this section. The results 
of this determination shall be submitted in the next periodic report.
    (4) An owner or operator complying with the residual organic HAP 
limitations in paragraphs (a)(1) through (3) of Sec. 63.494 using 
stripping, and demonstrating compliance by stripper parameter 
monitoring, shall redetermine the residual organic HAP content for all 
affected grades whenever process changes are made. For the purposes of 
this section, a process change is any action that would reasonably be 
expected to impair the performance of the stripping operation. For the 
purposes of this section, examples of process changes may include 
changes in production capacity or production rate, or removal or 
addition of equipment. For purposes of this paragraph, process changes 
do not include: Process upsets; unintentional, temporary process 
changes; or changes that reduce the residual organic HAP content of the 
elastomer.
    (f) [Reserved]
    (g) Parameter monitoring excursion definitions. (1) With respect to 
storage vessels (where the applicable monitoring plan specifies 
continuous monitoring), continuous front-end process vents, aggregate 
batch vent streams, back-end process operations complying with Sec. 
63.494(a)(1) through (3) through the use of control or recovery devices, 
and process wastewater streams, an excursion means any of the three 
cases listed in paragraphs (g)(1)(i) through (g)(1)(iii) of this 
section.
    (i) When the daily average value of one or more monitored parameters 
is above the maximum level or below the minimum level established for 
the given parameters.
    (ii) When the period of control or recovery device operation, with 
the exception noted in paragraph (g)(1)(v) of this section, is 4 hours 
or greater in an operating day and monitoring data are insufficient, as 
defined in paragraph (g)(1)(iv) of this section, to constitute a valid 
hour of data for at least 75 percent of the operating hours.
    (iii) When the period of control or recovery device operation, with 
the exception noted in paragraph (g)(1)(v) of this section, is less than 
4 hours in an operating day and more than two of the hours during the 
period of operation do not constitute a valid hour of data due to 
insufficient monitoring data, as defined in paragraph (g)(1)(iv) of this 
section.
    (iv) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (g)(1)(ii) and (g)(1)(iii) of this section, 
if measured values are unavailable for any of the 15-minute periods 
within the hour. For data compression systems approved under Sec. 
63.506(g)(3), monitoring data are insufficient to calculate a valid hour 
of data if there are less than four data measurements made during the 
hour.
    (v) The periods listed in paragraphs (g)(1)(v)(A) through 
(g)(1)(v)(E) of this section are not considered to be part of the period 
of control or recovery device operation, for the purposes of paragraphs 
(g)(1)(ii) and (g)(1)(iii) of this section.
    (A) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments; or
    (B) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (2) With respect to batch front-end process vents, an excursion 
means one of the two cases listed in paragraphs (g)(2)(i) and (g)(2)(ii) 
of this section. For a control device where multiple parameters are 
monitored, if one or more of the parameters meets the excursion criteria 
in either paragraph (g)(2)(i) or (g)(2)(ii) of this section, this is 
considered a single excursion for the control device. For each 
excursion, the owner

[[Page 695]]

or operator shall be deemed out of compliance with the provisions of 
this subpart, except as provided in paragraph (i) of this section.
    (i) When the batch cycle daily average value of one or more 
monitored parameters is above the maximum or below the minimum 
established level for the given parameters.
    (ii) When monitoring data are insufficient for an operating day. 
Monitoring data shall be considered insufficient when measured values 
are not available for at least 75 percent of the 15-minute periods when 
batch emission episodes selected to be controlled are being vented to 
the control device during the operating day, using the procedures 
specified in paragraphs (g)(2)(ii)(A) through (g)(2)(ii)(D) of this 
section.
    (A) Determine the total amount of time during the operating day when 
batch emission episodes selected to be controlled are being vented to 
the control device.
    (B) Subtract the time during the periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments from the total amount of time determined in paragraph 
(g)(2)(ii)(A) of this section, to obtain the operating time used to 
determine if monitoring data are insufficient.
    (1) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments;
    (2) Start-ups;
    (3) Shutdowns; or
    (4) Malfunctions.
    (C) Determine the total number of 15-minute periods in the operating 
time used to determine if monitoring data are insufficient, as was 
determined in accordance with paragraph (g)(2)(ii)(B) of this section.
    (D) If measured values are not available for at least 75 percent of 
the total number of 15-minute periods determined in paragraph 
(g)(2)(ii)(C) of this section, the monitoring data are insufficient for 
the operating day.
    (3) For storage vessels where the applicable monitoring plan does 
not specify continuous monitoring, an excursion is defined in paragraph 
(g)(3)(i) or (ii) of this section, as applicable. For a control or 
recovery device where multiple parameters are monitored, if one or more 
of the parameters meets the excursion criteria, this is considered a 
single excursion for the control or recovery device. For each excursion, 
the owner or operator shall be deemed out of compliance with the 
provisions of this subpart, except as provided in paragraph (i) of this 
section.
    (i) If the monitoring plan specifies monitoring a parameter and 
recording its value at specific intervals (such as every 15 minutes or 
every hour), either of the cases listed in paragraph (g)(3)(i)(A) or 
(g)(3)(i)(B) of this section is considered a single excursion for the 
control device.
    (A) When the average value of one or more parameters, averaged over 
the duration of the filling period for the storage vessel, is above the 
maximum level or below the minimum level established for the given 
parameters.
    (B) When monitoring data are insufficient. Monitoring data shall be 
considered insufficient when measured values are not available for at 
least 75 percent of the specific intervals at which parameters are to be 
monitored and recorded, according to the storage vessel's monitoring 
plan, during the filling period for the storage vessel.
    (ii) If the monitoring plan does not specify monitoring a parameter 
and recording its value at specific intervals (for example, if the 
relevant operating requirement is to exchange a disposable carbon 
canister before expiration of its rated service life), the monitoring 
plan shall define an excursion in terms of the relevant operating 
requirement.
    (h) Excursion definitions for back-end operations complying through 
stripping. (1) With respect to back-end process operations complying 
through the use of stripping technology, and demonstrating compliance by 
sampling, an excursion means one of the two cases listed in paragraphs 
(h)(1)(i) and (h)(1)(ii) of this section. For each excursion, the owner 
or operator shall be deemed out of compliance with the provisions of 
this subpart, except as provided in paragraph (i) of this section.
    (i) When the monthly weighted average residual organic HAP content 
is above the applicable residual organic HAP limitation in Sec. 63.494; 
or

[[Page 696]]

    (ii) When less than 75 percent of the samples required in 1 month 
are taken and analyzed in accordance with the provisions of Sec. 
63.495(b).
    (2) With respect to back-end process operations complying through 
the use of stripping technology, and demonstrating compliance by 
stripper parameter monitoring, an excursion means one of the three cases 
listed in paragraphs (h)(2)(i), (h)(2)(ii), and (h)(2)(iii) of this 
section. For each excursion, the owner or operator shall be deemed out 
of compliance with the provisions of this subpart, except as provided in 
paragraph (i) of this section.
    (i) When the monthly weighted average residual organic HAP content 
is above the applicable residual organic HAP limitation in Sec. 63.494;
    (ii) When an owner or operator fails to sample and analyze the 
organic HAP content of a sample for a grade with an hourly average 
stripper operating parameter value not in accordance with the 
established monitoring parameter levels for that parameter; or
    (iii) When an owner or operator does not collect sufficient 
monitoring data for at least 75 percent of the grades or batches 
processed during a month. Stripper monitoring data are considered 
insufficient if monitoring parameters are obtained for less than 75 
percent of the 15-minute periods during the processing of a grade, and a 
sample of that grade or batch is not taken and analyzed to determine the 
residual organic HAP content.
    (i) Excused excursions. A number of excused excursions shall be 
allowed for each control or recovery device for each semiannual period. 
The number of excused excursions for each semiannual period is specified 
in paragraphs (i)(1) through (i)(6) of this section. This paragraph 
applies to affected sources required to submit Periodic Reports 
semiannually or quarterly. The first semiannual period is the 6-month 
period starting the date the Notification of Compliance Status is due.
    (1) For the first semiannual period--six excused excursions.
    (2) For the second semiannual period--five excused excursions.
    (3) For the third semiannual period--four excused excursions.
    (4) For the fourth semiannual period--three excused excursions.
    (5) For the fifth semiannual period--two excused excursions.
    (6) For the sixth and all subsequent semiannual periods--one excused 
excursion.
    (j) Excursion definition for back-end operations subject to Sec. 
63.494(a)(4). An excursion means when the total mass of organic HAP 
emitted for any consecutive 12-month period divided by the total mass of 
elastomer produced during the 12-month period, determined in accordance 
with Sec. 63.495(g), is greater than the applicable emission 
limitation, determined in accordance with Sec. 63.494(a)(4)(i) through 
(iv) and submitted in accordance with Sec. 63.499(f)(1).

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11547, Mar. 9, 1999; 65 
FR 38074, June 19, 2000; 76 FR 22592, Apr. 21, 2011]



Sec. 63.506  General recordkeeping and reporting provisions.

    (a) Data retention. Unless otherwise specified in this subpart, the 
owner or operator of an affected source shall keep copies of all 
applicable records and reports required by this subpart for at least 5 
years, as specified in paragraph (a)(1) of this section, with the 
exception listed in paragraph (a)(2) of this section.
    (1) All applicable records shall be maintained in such a manner that 
they can be readily accessed. The most recent 6 months of records shall 
be retained on site or shall be accessible from a central location by 
computer or other means that provide access within 2 hours after a 
request. The remaining 4 and one-half years of records may be retained 
offsite. Records may be maintained in hard copy or computer-readable 
form including, but not limited to, on microfilm, computer, floppy disk, 
magnetic tape, or microfiche.
    (2) If an owner or operator submits copies of reports to the 
appropriate EPA Regional Office, the owner or operator is not required 
to maintain copies of reports. If the EPA Regional Office has waived the 
requirement of Sec. 63.10(a)(4)(ii) for submittal of copies of reports, 
the owner or operator is not required to maintain copies of those 
reports.

[[Page 697]]

    (b) Subpart A requirements. The owner or operator of an affected 
source shall comply with the applicable recordkeeping and reporting 
requirements in 40 CFR part 63, subpart A as specified in Table 1 of 
this subpart. These requirements include, but are not limited to, the 
requirements specified in paragraphs (b)(1) and (b)(2) of this section.
    (1) Malfunction records. Each owner or operator of an affected 
source subject to this subpart shall maintain records of the occurrence 
and duration of each malfunction of operation (i.e., process equipment), 
air pollution control equipment, or monitoring equipment. Each owner or 
operator shall maintain records of actions taken during periods of 
malfunction to minimize emissions in accordance with Sec. 63.483(a)(1), 
including corrective actions to restore malfunctioning process and air 
pollution control and monitoring equipment to its normal or usual manner 
of operation.
    (i) Records of start-up, shutdown, and malfunction. The owner or 
operator shall keep the records specified in paragraphs (b)(1)(i)(A) 
through (b)(1)(i)(C) of this section.
    (A) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of operation of process equipment or control 
devices or recovery devices or continuous monitoring systems used to 
comply with this subpart during which excess emissions (as defined in 
Sec. 63.480(j)(4)) occur.
    (B) For each start-up, shutdown, or malfunction during which excess 
emissions (as defined in Sec. 63.480(j)(4)) occur, records reflecting 
whether the procedures specified in the affected source's start-up, 
shutdown, and malfunction plan were followed, and documentation of 
actions taken that are not consistent with the plan. For example, if a 
start-up, shutdown, and malfunction plan includes procedures for routing 
a control device to a backup control device, records shall be kept of 
whether the plan was followed. These records may take the form of a 
``checklist,'' or other form of recordkeeping that confirms conformance 
with the start-up, shutdown, and malfunction plan for the event.
    (C) Records specified in paragraphs (b)(1)(i)(A) through 
(b)(1)(i)(B) of this section are not required if they pertain solely to 
Group 2 emission points that are not included in an emissions average.
    (ii) Reports of start-up, shutdown, and malfunction. For the 
purposes of this subpart, the semiannual start-up, shutdown, and 
malfunction reports shall be submitted on the same schedule as the 
Periodic Reports required under paragraph (e)(6) of this section instead 
of the schedule specified in Sec. 63.10(d)(5)(i). The reports shall 
include the information specified in Sec. 63.10(d)(5)(i).
    (2) Application for approval of construction or reconstruction. For 
new affected sources, each owner or operator shall comply with the 
provisions in Sec. 63.5 regarding construction and reconstruction, 
excluding the provisions specified in Sec. 63.5(d)(1)(ii)(H), 
(d)(1)(iii), (d)(2), and (d)(3)(ii).
    (c) [Reserved]
    (d) Recordkeeping and documentation. Owners or operators required to 
keep continuous records shall keep records as specified in paragraphs 
(d)(1) through (d)(7) of this section, unless an alternative 
recordkeeping system has been requested and approved as specified in 
paragraph (g) of this section, and except as provided in paragraph (h) 
of this section. If a monitoring plan for storage vessels pursuant to 
Sec. 63.484(k) requires continuous records, the monitoring plan shall 
specify which provisions, if any, of paragraphs (d)(1) through (d)(7) of 
this section apply. As described in Sec. 63.484(k), certain storage 
vessels are not required to keep continuous records as specified in this 
paragraph. Owners and operators of such storage vessels shall keep 
records as specified in the monitoring plan required by Sec. 63.484(k). 
Paragraphs (d)(8) and (d)(9) of this section specify documentation 
requirements.
    (1) The monitoring system shall measure data values at least once 
every 15 minutes.
    (2) The owner or operator shall record either each measured data 
value or block average values for 1 hour or shorter periods calculated 
from all measured data values during each period. If values are measured 
more frequently than once per minute, a single value for each minute may 
be used to calculate the hourly (or shorter period)

[[Page 698]]

block average instead of all measured values. Owners or operators of 
batch front-end process vents shall record each measured data value.
    (3) Daily average (or batch cycle daily average) values of each 
continuously monitored parameter shall be calculated for each operating 
day as specified in paragraphs (d)(3)(i) through (d)(3)(ii) of this 
section, except as specified in paragraphs (d)(6) and (d)(7) of this 
section.
    (i) The daily average value or batch cycle daily average shall be 
calculated as the average of all parameter values recorded during the 
operating day, except as specified in paragraph (d)(7) of this section. 
For batch front-end process vents, as specified in Sec. 
63.491(e)(2)(i), only parameter values measured during those batch 
emission episodes, or portions thereof, in the batch cycle that the 
owner or operator has chosen to control shall be used to calculate the 
average. The calculated average shall cover a 24-hour period if 
operation is continuous, or the number of hours of operation per 
operating day if operation is not continuous.
    (ii) The operating day shall be the period that the owner or 
operator specifies in the operating permit or the Notification of 
Compliance Status for purposes of determining daily average values or 
batch cycle daily average values of monitored parameters.
    (4)-(5) [Reserved]
    (6) Records required when all recorded values are within the 
established limits. If all recorded values for a monitored parameter 
during an operating day are above the minimum level or below the maximum 
level established in the Notification of Compliance Status or operating 
permit, the owner or operator may record that all values were above the 
minimum level or below the maximum level rather than calculating and 
recording a daily average (or batch cycle daily average) for that 
operating day.
    (7) Monitoring data recorded during periods identified in paragraphs 
(d)(7)(i) and (ii) of this section shall not be included in any average 
computed under this subpart. Records shall be kept of the times and 
durations of all such periods and any other periods during process or 
control device or recovery device operation when monitors are not 
operating.
    (i) Monitoring system breakdowns, repairs, calibration checks, and 
zero (low-level) and high-level adjustments; or
    (ii) Periods of non-operation of the affected source (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies.
    (8) For continuous monitoring systems used to comply with this 
subpart, records documenting the completion of calibration checks, and 
records documenting the maintenance of continuous monitoring systems 
that are specified in the manufacturer's instructions or that are 
specified in other written procedures that provide adequate assurance 
that the equipment would reasonably be expected to monitor accurately.
    (9) The owner or operator of an affected source granted a waiver 
under Sec. 63.10(f) shall maintain the information, if any, specified 
by the Administrator as a condition of the waiver of recordkeeping or 
reporting requirements.
    (e) Reporting and notification. In addition to the reports and 
notifications required by subpart A, as specified in Table 1 of this 
subpart, the owner or operator of an affected source shall prepare and 
submit the reports listed in paragraphs (e)(3) through (e)(8) of this 
section, as applicable. All reports required by this subpart, and the 
schedule for their submittal, are listed in Table 9 of this subpart.
    (1) Owners and operators shall not be in violation of the reporting 
requirements of this subpart for failing to submit information required 
to be included in a specified report if the owner or operator meets the 
requirements in paragraphs (e)(1)(i) through (e)(1)(iii) of this 
section. Examples of circumstances where this paragraph may apply 
include information related to newly-added equipment or emission points, 
changes in the process, changes in equipment required or utilized for 
compliance with the requirements of this subpart, or changes in methods 
or equipment for monitoring, recordkeeping, or reporting.

[[Page 699]]

    (i) The information was not known in time for inclusion in the 
report specified by this subpart;
    (ii) The owner or operator has been diligent in obtaining the 
information; and
    (iii) The owner or operator submits a report according to the 
provisions of paragraphs (e)(1)(iii)(A) through (e)(1)(iii)(C) of this 
section.
    (A) If this subpart expressly provides for supplements to the report 
in which the information is required, the owner or operator shall submit 
the information as a supplement to that report. The information shall be 
submitted no later than 60 days after it is obtained, unless otherwise 
specified in this subpart.
    (B) If this subpart does not expressly provide for supplements, but 
the owner or operator must submit a request for revision of an operating 
permit pursuant to part 70 or part 71, due to circumstances to which the 
information pertains, the owner or operator shall submit the information 
with the request for revision to the operating permit.
    (C) In any case not addressed by paragraph (e)(1)(iii)(A) or 
(e)(1)(iii)(B) of this section, the owner or operator shall submit the 
information with the first Periodic Report, as required by this subpart, 
which has a submission deadline at least 60 days after the information 
is obtained.
    (2) All reports required under this subpart shall be sent to the 
Administrator at the appropriate address listed in Sec. 63.13. If 
acceptable to both the Administrator and the owner or operator of a 
source, reports may be submitted on electronic media.
    (3) Precompliance Report. Owners or operators of affected sources 
requesting an extension for compliance; requesting approval to use 
alternative monitoring parameters, alternative continuous monitoring and 
recordkeeping, or alternative controls; requesting approval to use 
engineering assessment to estimate emissions from a batch emissions 
episode, as described in Sec. 63.488(b)(6)(i); wishing to establish 
parameter monitoring levels according to the procedures contained in 
Sec. 63.505(c) or (d); shall submit a Precompliance Report according to 
the schedule described in paragraph (e)(3)(i) of this section. The 
Precompliance Report shall contain the information specified in 
paragraphs (e)(3)(ii) through (vii) of this section, as appropriate.
    (i) Submittal dates. The Precompliance Report shall be submitted to 
the Administrator no later than December 19, 2000. If a Precompliance 
Report was submitted prior to June 19, 2000 and no changes need to be 
made to that Precompliance Report, the owner or operator shall re-submit 
the earlier report or submit notification that the previously submitted 
report is still valid. Unless the Administrator objects to a request 
submitted in the Precompliance Report within 45 days after its receipt, 
the request shall be deemed approved. For new affected sources, the 
Precompliance Report shall be submitted to the Administrator with the 
application for approval of construction or reconstruction required in 
paragraph (b)(2) of this section. Supplements to the Precompliance 
Report may be submitted as specified in paragraph (e)(3)(ix) of this 
section.
    (ii) A request for an extension for compliance, as specified in 
Sec. 63.481(e), may be submitted in the Precompliance Report. The 
request for a compliance extension shall include the data outlined in 
Sec. 63.6(i)(6)(i)(A), (B), and (D), as required in Sec. 63.481(e)(1).
    (iii) The alternative monitoring parameter information required in 
paragraph (f) of this section shall be submitted in the Precompliance 
Report if, for any emission point, the owner or operator of an affected 
source seeks to comply through the use of a control technique other than 
those for which monitoring parameters are specified in this subpart or 
in subpart G of this part, or seeks to comply by monitoring a different 
parameter than those specified in this subpart or in subpart G of this 
part.
    (iv) If the affected source seeks to comply using alternative 
continuous monitoring and recordkeeping as specified in paragraph (g) of 
this section, the owner or operator shall submit a request for approval 
in the Precompliance Report.

[[Page 700]]

    (v) The owner or operator shall report the intent to use alternative 
controls to comply with the provisions of this subpart in the 
Precompliance Report. The Administrator may deem alternative controls to 
be equivalent to the controls required by the standard, under the 
procedures outlined in Sec. 63.6(g).
    (vi) If a request for approval to use engineering assessment to 
estimate emissions from a batch emissions episode, as described in Sec. 
63.488(b)(6)(i)(C) is being made, the information required by Sec. 
63.488(b)(6)(iii)(B) shall be submitted in the Precompliance Report.
    (vii) If an owner or operator establishes parameter monitoring 
levels according to the procedures contained in Sec. 63.505(c) or (d), 
the following information shall be submitted in the Precompliance 
Report:
    (A) Identification of which procedures (i.e., Sec. 63.505(c) or 
(d)) are to be used; and
    (B) A description of how the parameter monitoring level is to be 
established. If the procedures in Sec. 63.505(c) are to be used, a 
description of how performance test data will be used shall be included.
    (viii) [Reserved]
    (ix) Supplements to the Precompliance Report may be submitted as 
specified in paragraph (e)(3)(ix)(A), or (e)(3)(ix)(B) of this section. 
Unless the Administrator objects to a request submitted in a supplement 
to the Precompliance Report within 45 days after its receipt, the 
request shall be deemed approved.
    (A) Supplements to the Precompliance Report may be submitted to 
clarify or modify information previously submitted.
    (B) Supplements to the Precompliance Report may be submitted to 
request approval to use alternative monitoring parameters, as specified 
in paragraph (e)(3)(iii) of this section; to use alternative continuous 
monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of 
this section; to use alternative controls, as specified in paragraph 
(e)(3)(v) of this section; to use engineering assessment to estimate 
emissions from a batch emissions episode, as specified in paragraph 
(e)(3)(vi) of this section; or to establish parameter monitoring levels 
according to the procedures contained in Sec. 63.505(c) or (d), as 
specified in paragraph (e)(3)(vii) of this section.
    (4) Emissions Averaging Plan. For all existing affected sources 
using emissions averaging, an Emissions Averaging Plan shall be 
submitted for approval according to the schedule and procedures 
described in paragraph (e)(4)(i) of this section. The Emissions 
Averaging Plan shall contain the information specified in paragraph 
(e)(4)(ii) of this section, unless the information required in paragraph 
(e)(4)(ii) of this section is submitted with an operating permit 
application. An owner or operator of an affected source who submits an 
operating permit application instead of an Emissions Averaging Plan 
shall submit the information specified in paragraph (e)(8) of this 
section. In addition, a supplement to the Emissions Averaging Plan, as 
required under paragraph (e)(4)(iii) of this section, is to be submitted 
whenever additional alternative controls or operating scenarios may be 
used to comply with this subpart. Updates to the Emissions Averaging 
Plan shall be submitted in accordance with paragraph (e)(4)(iv) of this 
section.
    (i) Submittal and approval. The Emissions Averaging Plan shall be 
submitted no later than September 19, 2000, and is subject to 
Administrator approval. If an Emissions Averaging Plan was submitted 
prior to June 19, 2000 and no changes need to be made to that Emissions 
Averaging Plan, the owner or operator shall re-submit the earlier plan 
or submit notification that the previously submitted plan is still 
valid. The Administrator shall determine within 120 days whether the 
Emissions Averaging Plan submitted presents sufficient information. The 
Administrator shall either approve the Emissions Averaging Plan, request 
changes, or request that the owner or operator submit additional 
information. Once the Administrator receives sufficient information, the 
Administrator shall approve, disapprove, or request changes to the plan 
within 120 days.
    (ii) Information required. The Emissions Averaging Plan shall 
contain the

[[Page 701]]

information listed in paragraphs (e)(4)(ii)(A) through (e)(4)(ii)(N) of 
this section for all emission points included in an emissions average.
    (A) The required information shall include the identification of all 
emission points and process back-end operations in the planned emissions 
average and, where applicable, notation of whether each storage vessel, 
continuous front-end process vent, batch front-end process vent, 
aggregate batch vents stream, and process wastewater stream is a Group 1 
or Group 2 emission point, as defined in Sec. 63.482 or as designated 
under Sec. 63.503(c)(2).
    (B) The required information shall include the projected emission 
debits and credits for each emission point and the sum for the emission 
points involved in the average calculated according to Sec. 63.503. The 
projected credits shall be greater than or equal to the projected 
debits, as required under Sec. 63.503(e)(3).
    (C) The required information shall include the specific control 
technology or pollution prevention measure that will be used for each 
emission point included in the average and date of application or 
expected date of application.
    (D) The required information shall include the specific 
identification of each emission point affected by a pollution prevention 
measure. To be considered a pollution prevention measure, the criteria 
in Sec. 63.503(j)(1) shall be met. If the same pollution prevention 
measure reduces or eliminates emissions from multiple emission points in 
the average, the owner or operator shall identify each of these emission 
points.
    (E) The required information shall include a statement that the 
compliance demonstration, monitoring, inspection, recordkeeping, and 
reporting provisions in Sec. 63.503(m), (n), and (o) that are 
applicable to each emission point in the emissions average will be 
implemented beginning on or before the date of compliance.
    (F) The required information shall include documentation of the data 
listed in paragraphs (e)(4)(ii)(F)(1) through (e)(4)(ii)(F)(5) of this 
section for each storage vessel and continuous front-end process vent 
included in the average.
    (1) The required documentation shall include the values of the 
parameters used to determine whether the emission point is Group 1 or 
Group 2. Where a TRE index value is used for continuous front-end 
process vent group determination, the estimated or measured values of 
the parameters used in the TRE equation in Sec. 63.115(d) and the 
resulting TRE index value shall be submitted.
    (2) The required documentation shall include the estimated values of 
all parameters needed for input to the emission debit and credit 
calculations in Sec. 63.503(g) and (h). These parameter values shall be 
specified in the affected source's Emissions Averaging Plan (or 
operating permit) as enforceable operating conditions. Changes to these 
parameters shall be reported in an update to the Emissions Averaging 
Plan, as required by paragraph (e)(4)(iv)(B)(2) of this section.
    (3) The required documentation shall include the estimated percent 
reduction if a control technology achieving a lower percent reduction 
than the efficiency of the applicable reference control technology or 
standard is or will be applied to the emission point.
    (4) The required documentation shall include the anticipated nominal 
efficiency if a control technology achieving a greater percent emission 
reduction than the efficiency of the reference control technology is or 
will be applied to the emission point. The procedures in Sec. 63.503(i) 
shall be followed to apply for a nominal efficiency, and the report 
specified in paragraph (e)(7)(ii) of this section shall be submitted 
with the Emissions Averaging Plan as specified in paragraph 
(e)(7)(ii)(A) of this section.
    (5) The required documentation shall include the monitoring plan 
specified in Sec. 63.122(b), to include the information specified in 
Sec. 63.120(d)(2)(i) and in either Sec. 63.120(d)(2)(ii) or 
(d)(2)(iii) for each storage vessel controlled with a closed-vent system 
using a control device other than a flare.
    (G) The information specified in paragraph (f) of this section shall 
be included in the Emissions Averaging Plan for:
    (1) Each continuous front-end process vent subject to Sec. 63.485 
controlled by a

[[Page 702]]

pollution prevention measure or control technique for which monitoring 
parameters or inspection procedures are not specified in Sec. 63.114; 
and
    (2) Each storage vessel controlled by pollution prevention or a 
control technique other than an internal or external floating roof or a 
closed vent system with a control device.
    (H) The required information shall include documentation of the data 
listed in paragraphs (e)(4)(ii)(H)(1) through (e)(4)(ii)(H)(4) of this 
section for each process wastewater stream included in the average.
    (1) The required documentation shall include the data used to 
determine whether the wastewater stream is a Group 1 or Group 2 
wastewater stream.
    (2) The required documentation shall include the estimated values of 
all parameters needed for input to the wastewater emission credit and 
debit calculations in Sec. 63.503(g)(5) and (h)(5). These parameter 
values shall be specified in the affected source's Emissions Averaging 
Plan (or operating permit) as enforceable operating conditions. Changes 
to these parameters shall be reported as required by paragraph 
(e)(4)(iv)(B)(2) of this section.
    (3) The required documentation shall include the estimated percent 
reduction if:
    (i) A control technology that achieves an emission reduction less 
than or equal to the emission reduction that would otherwise have been 
achieved by a steam stripper designed to the specifications found in 
Sec. 63.138(g) is or will be applied to the wastewater stream, or
    (ii) A control technology achieving less than or equal to 95 percent 
emission reduction is or will be applied to the vapor stream(s) vented 
and collected from the treatment processes, or
    (iii) A pollution prevention measure is or will be applied.
    (4) The required documentation shall include the anticipated nominal 
efficiency if the owner or operator plans to apply for a nominal 
efficiency under Sec. 63.503(i). A nominal efficiency shall be applied 
for if:
    (i) A control technology that achieves an emission reduction greater 
than the emission reduction that would have been achieved by a steam 
stripper designed to the specifications found in Sec. 63.138(g), is or 
will be applied to the wastewater stream; or
    (ii) A control technology achieving greater than 95 percent emission 
reduction is or will be applied to the vapor stream(s) vented and 
collected from the treatment processes.
    (I) For each pollution prevention measure, treatment process, or 
control device used to reduce air emissions of organic HAP from 
wastewater and for which no monitoring parameters or inspection 
procedures are specified in Sec. 63.143, the information specified in 
paragraph (f) of this section (Alternative Monitoring Parameters) shall 
be included in the Emissions Averaging Plan.
    (J) The required information shall include documentation of the data 
required by estimated values of all parameters needed for input to the 
emission debit and credit calculations in Sec. 63.503(g) and (h) for 
each process back-end operation included in an emissions average. These 
values shall be specified in the affected source's Emissions Averaging 
Plan (or operating permit) as enforceable operating conditions. Changes 
to these parameters shall be reported as required by paragraph 
(e)(4)(iv)(B)(2) of this section.
    (K) The required information shall include documentation of the 
information required by Sec. 63.503(k). The documentation shall 
demonstrate that the emissions from the emission points proposed to be 
included in the average will not result in greater hazard or, at the 
option of the Administrator, greater risk to human health or the 
environment than if the emission points were not included in an 
emissions average.
    (L) The required information shall include documentation of the data 
listed in paragraphs (e)(4)(ii)(L)(1) through (e)(4)(ii)(L)(3) of this 
section for each batch front-end process vent and aggregate batch vent 
stream included in the average.
    (1) The required documentation shall include the values of the 
parameters used to determine whether the emission point is Group 1 or 
Group 2.
    (2) The required information shall include the estimated values of 
all parameters needed for input to the emission debit and credit 
calculations in

[[Page 703]]

Sec. 63.503(g) and (h). These parameter values shall be specified in 
the affected source's Emissions Averaging Plan (or operating permit) as 
enforceable operating conditions. Changes to these parameters shall be 
reported as required by paragraph (e)(4)(iv) of this section.
    (3) For batch front-end process vents, the required documentation 
shall include the estimated percent reduction for the batch cycle. For 
aggregate batch vent streams, the required documentation shall include 
the estimated percent reduction achieved on a continuous basis.
    (M) For each pollution prevention measure or control device used to 
reduce air emissions of organic HAP from batch front-end process vents 
or batch vent streams and for which no monitoring parameters or 
inspection procedures are specified in Sec. 63.489, the information 
specified in paragraph (f) of this section, Alternative Monitoring 
Parameters, shall be included in the Emissions Averaging Plan.
    (N) The required information shall include documentation of the data 
required by Sec. 63.503(k). The documentation shall demonstrate that 
the emissions from the emission points proposed to be included in the 
emissions average will not result in greater hazard or, at the option of 
the Administrator, greater risk to human health or the environment than 
if the emission points were not included in an emissions average.
    (iii) Supplement to Emissions Averaging Plan. The owner or operator 
required to prepare an Emissions Averaging Plan under paragraph (e)(4) 
of this section shall also prepare a supplement to the Emissions 
Averaging Plan for any additional alternative controls or operating 
scenarios that may be used to achieve compliance.
    (iv) Updates to Emissions Averaging Plan. The owner or operator of 
an affected source required to submit an Emissions Averaging Plan under 
paragraph (e)(4) of this section shall also submit written updates of 
the Emissions Averaging Plan to the Administrator for approval under the 
circumstances described in paragraphs (e)(4)(iv)(A) through 
(e)(4)(iv)(C) of this section unless the relevant information has been 
included and submitted in an operating permit application or amendment.
    (A) The owner or operator who plans to make a change listed in 
either paragraph (e)(4)(iv)(A)(1) or (e)(4)(iv)(A)(2) of this section 
shall submit an Emissions Averaging Plan update at least 120 days prior 
to making the change.
    (1) An Emissions Averaging Plan update shall be submitted whenever 
an owner or operator elects to achieve compliance with the emissions 
averaging provisions in Sec. 63.503 by using a control technique other 
than that specified in the Emissions Averaging Plan, or plans to monitor 
a different parameter or operate a control device in a manner other than 
that specified in the Emissions Averaging Plan.
    (2) An Emissions Averaging Plan update shall be submitted whenever 
an emission point or an EPPU is added to an existing affected source and 
is planned to be included in an emissions average, or whenever an 
emission point not included in the emissions average described in the 
Emissions Averaging Plan is to be added to an emissions average. The 
information in paragraph (e)(4) of this section shall be updated to 
include the additional emission point.
    (B) The owner or operator who has made a change as defined in 
paragraph (e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this section shall 
submit an Emissions Averaging Plan update within 90 days after the 
information regarding the change is known to the affected source. The 
update may be submitted in the next quarterly periodic report if the 
change is made after the date the Notification of Compliance Status is 
due.
    (1) An Emissions Averaging Plan update shall be submitted whenever a 
process change is made such that the group status of any emission point 
in an emissions average changes.
    (2) An Emissions Averaging Plan update shall be submitted whenever a 
value of a parameter in the emission credit or debit equations in Sec. 
63.503(g) or (h) changes such that it is below the minimum or above the 
maximum established level specified in the Emissions Averaging Plan and 
causes a decrease in the projected credits or an increase in the 
projected debits.
    (C) The Administrator shall approve or request changes to the 
Emissions

[[Page 704]]

Averaging Plan update within 120 days of receipt of sufficient 
information regarding the change for emission points included in 
emissions averages.
    (5) Notification of Compliance Status. For existing and new affected 
sources, a Notification of Compliance Status shall be submitted. For 
equipment leaks subject to Sec. 63.502, the owner or operator shall 
submit the information required in Sec. 63.182(c) in the Notification 
of Compliance Status within 150 days after the first applicable 
compliance date for equipment leaks in the affected source, and an 
update shall be provided in the first Periodic Report that is due at 
least 150 days after each subsequent applicable compliance date for 
equipment leaks in the affected source. For all other emission points, 
including heat exchange systems, the Notification of Compliance Status 
shall contain the information listed in paragraphs (e)(5)(i) through 
(e)(5)(xii) of this section, as applicable, and shall be submitted no 
later than 150 days after the compliance dates specified in this 
subpart.
    (i) The results of any emission point group determinations, process 
section applicability determinations, performance tests, inspections, 
any other information used to demonstrate compliance, values of 
monitored parameters established during performance tests, and any other 
information required to be included in the Notification of Compliance 
Status under Sec. Sec. 63.122 and 63.484 for storage vessels, Sec. 
63.117 for continuous front-end process vents, Sec. 63.492 for batch 
front-end process vents, Sec. 63.499 for back-end process operations, 
Sec. 63.146 for process wastewater, and Sec. 63.503 for emission 
points included in an emissions average. In addition, the owner or 
operator of an affected source shall comply with paragraphs (e)(5)(i)(A) 
and (e)(5)(i)(B) of this section.
    (A) For performance tests, group determinations, and process section 
applicability determinations that are based on measurements, the 
Notification of Compliance Status shall include one complete test 
report, as described in paragraph (e)(5)(i)(B) of this section, for each 
test method used for a particular kind of emission point. For additional 
tests performed for the same kind of emission point using the same 
method, the results and any other information, from the test report, 
that is requested on a case-by-case basis by the Administrator shall be 
submitted, but a complete test report is not required.
    (B) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures, record of operating conditions during the 
test, record of preparation of standards, record of calibrations, raw 
data sheets for field sampling, raw data sheets for field and laboratory 
analyses, documentation of calculations, and any other information 
required by the test method.
    (ii) For each monitored parameter for which a maximum or minimum 
level is required to be established under Sec. 63.114(e) and Sec. 
63.485(k) for continuous front-end process vents, Sec. 63.489 for batch 
front-end process vents and aggregate batch vent streams, Sec. 63.497 
for back-end process operations, Sec. 63.143(f) for process wastewater, 
Sec. 63.503(m) for emission points in emissions averages, paragraph 
(e)(8) of this section, or paragraph (f) of this section, the 
information specified in paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(E) 
of this section shall be submitted in the Notification of Compliance 
Status, unless this information has been established and provided in the 
operating permit application. Further, as described in Sec. 63.484(k), 
for those storage vessels for which the monitoring plan required by 
Sec. 63.484(k) specifies compliance with the provisions of Sec. 
63.505, the owner or operator shall provide the information specified in 
paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(D) of this section for each 
monitoring parameter, unless this information has been established and 
provided in the operating permit application. For those storage vessels 
for which the monitoring plan required by Sec. 63.484(k) does not 
require compliance with the provisions of Sec. 63.505, the owner or 
operator shall provide the information specified in Sec. 63.120(d)(3) 
as part of the Notification of Compliance Status, unless this 
information has

[[Page 705]]

been established and provided in the operating permit application.
    (A) The required information shall include the specific maximum or 
minimum level of the monitored parameter(s) for each emission point.
    (B) The required information shall include the rationale for the 
specific maximum or minimum level for each parameter for each emission 
point, including any data and calculations used to develop the level and 
a description of why the level indicates proper operation of the control 
device.
    (C) The required information shall include a definition of the 
affected source's operating day, as specified in paragraph (d)(3)(ii) of 
this section, for purposes of determining daily average values of 
monitored parameters.
    (D) For batch front-end process vents, the required information 
shall include a definition of each batch cycle that requires the control 
of one or more batch emission episodes during the cycle, as specified in 
Sec. 63.490(c)(2) and 63.505(b)(3)(iii).
    (E) The required information shall include a definition of the 
affected source's operating month for the purposes of determining 
monthly average values of residual organic HAP.
    (iii) For emission points included in an emissions average, the 
Notification of Compliance Status shall contain the values of all 
parameters needed for input to the emission credit and debit equations 
in Sec. 63.503(g) and (h), calculated or measured according to the 
procedures in Sec. 63.503(g) and (h), and the resulting calculation of 
credits and debits for the first quarter of the year. The first quarter 
begins on the compliance date specified.
    (iv) [Reserved]
    (v) The determination of applicability for flexible operation units 
as specified in Sec. 63.480(f).
    (vi) The parameter monitoring levels for flexible operation units, 
and the basis on which these levels were selected, or a demonstration 
that these levels are appropriate at all times, as specified in Sec. 
63.480(f)(7).
    (vii) The results for each predominant use determination made under 
Sec. 63.480(g), for storage vessels assigned to an affected source 
subject to this subpart.
    (viii) The results for each predominant use determination made under 
Sec. 63.480(h) for recovery operations equipment assigned to an 
affected source subject to this subpart.
    (ix) For owners and operators of Group 2 batch front-end process 
vents establishing a batch mass input limitation, as specified in Sec. 
63.490(f), the affected source's operating year for purposes of 
determining compliance with the batch mass input limitation.
    (x) If any emission point is subject to this subpart and to other 
standards as specified in Sec. 63.481(k), and if the provisions of 
Sec. 63.481(k) allow the owner or operator to choose which testing, 
monitoring, reporting, and recordkeeping provisions will be followed, 
then the Notification of Compliance Status shall indicate which rule's 
requirements will be followed for testing, monitoring, reporting, and 
recordkeeping.
    (xi) An owner or operator who transfers a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream for treatment 
pursuant to Sec. 63.132(g) shall include in the Notification of 
Compliance Status the name and location of the transferee and a 
description of the Group 1 wastewater stream or residual sent to the 
treatment facility.
    (xii) An owner or operator complying with paragraph (h)(1) of this 
section shall notify the Administrator of the election to comply with 
paragraph (h)(1) of this section as part of the Notification of 
Compliance Status, or as part of the appropriate Periodic Report, as 
specified in paragraph (e)(6)(ix) of this section.
    (6) Periodic Reports. For existing and new affected sources, the 
owner or operator shall submit Periodic Reports as specified in 
paragraphs (e)(6)(i) through (e)(6)(xii) of this section. In addition, 
for equipment leaks subject to Sec. 63.502, the owner or operator shall 
submit the information specified in Sec. 63.182(d) under the conditions 
listed in Sec. 63.182(d), and for heat exchange systems subject to 
Sec. 63.502(n), the owner or operator shall submit the information 
specified in Sec. 63.104(f)(2) as part of the

[[Page 706]]

Periodic Report required by this paragraph (e)(6). Section Sec. 63.505 
shall govern the use of monitoring data to determine compliance for 
Group 1 emission points and for Group 1 and Group 2 emission points 
included in emissions averages with the following exception: As 
discussed in Sec. 63.484(k), for storage vessels to which the 
provisions of Sec. 63.505 do not apply, as specified in the monitoring 
plan required by Sec. 63.120(d)(2), the owner or operator is required 
to comply with the requirements set out in the monitoring plan, and 
monitoring records may be used to determine compliance.
    (i) Except as specified in paragraphs (e)(6)(xi) and (e)(6)(xii) of 
this section, a report containing the information in paragraph 
(e)(6)(ii) of this section or paragraphs (e)(6)(iii) through (e)(6)(x) 
of this section, as appropriate, shall be submitted semiannually no 
later than 60 days after the end of each 6-month period. The first 
report shall be submitted no later than 240 days after the date the 
Notification of Compliance Status is due and shall cover the 6-month 
period beginning on the date the Notification of Compliance Status is 
due.
    (ii) If none of the compliance exceptions in paragraphs (e)(6)(iii) 
through (e)(6)(ix) of this section occurred during the 6-month period, 
the Periodic Report required by paragraph (e)(6)(i) of this section 
shall be a statement that there were no compliance exceptions as 
described in this paragraph for the 6-month period covered by that 
report and that none of the activities specified in paragraphs 
(e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-
month period covered by that report.
    (iii) For an owner or operator of an affected source complying with 
the provisions of Sec. Sec. 63.484 through 63.501 for any emission 
point, Periodic Reports shall include:
    (A) All information specified in Sec. 63.122(a)(4) for storage 
vessels, Sec. Sec. 63.117(a)(3) and 63.118(f) and 63.485(s)(5) for 
continuous front-end process vents, Sec. 63.492 for batch front-end 
process vents and aggregate batch vent streams, Sec. 63.499 for back-
end process operations, Sec. 63.104(f)(2) for heat exchange systems, 
and Sec. Sec. 63.146(c) through 63.146(g) for process wastewater.
    (B) The daily average values or batch cycle daily average values of 
monitored parameters for all excursions, as defined in Sec. 63.505(g) 
and Sec. 63.505(h). For excursions caused by lack of monitoring data, 
the start-time and duration of periods when monitoring data were not 
collected shall be specified.
    (C) [Reserved]
    (D) The information in paragraphs (e)(6)(iii)(D)(1) through 
(e)(6)(iii)(D)(5) of this section, as applicable:
    (1) Any supplements to the Emissions Averaging Plan, as required in 
paragraph (e)(4)(iii) of this section;
    (2) Notification if a process change is made such that the group 
status of any emission point changes from Group 2 to Group 1. The owner 
or operator is not required to submit a notification of a process change 
if that process change caused the group status of an emission point to 
change from Group 1 to Group 2. However, until the owner or operator 
notifies the Administrator that the group status of an emission point 
has changed from Group 1 to Group 2, the owner or operator is required 
to continue to comply with the Group 1 requirements for that emission 
point. This notification may be submitted at any time.
    (3) Notification if one or more emission points (other than 
equipment leaks) or one or more EPPU is added to an affected source. The 
owner or operator shall submit the information contained in paragraphs 
(e)(6)(iii)(D)(3)(i) through (e)(6)(iii)(D)(3)(ii) of this section.
    (i) A description of the addition to the affected source; and
    (ii) Notification of the group status of the additional emission 
point or all emission points in the EPPU.
    (4) Notification if a standard operating procedure, as defined in 
Sec. 63.500(a)(2), is changed and the change has the potential for 
increasing the concentration of carbon disulfide in the crumb dryer 
exhaust. This notification shall also include test results of the carbon 
disulfide concentration resulting from the new standard operating 
procedure.
    (5) For process wastewater streams sent for treatment pursuant to

[[Page 707]]

Sec. 63.132(g), reports of changes in the identity of the treatment 
facility or transferee.
    (E) The number, duration, and a brief description for each type of 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded. 
The report must also include a description of actions taken by an owner 
or operator during a malfunction of an affected source to minimize 
emissions in accordance with Sec. 63.483(a)(1), including actions taken 
to correct a malfunction.
    (iv) For each batch front-end process vent with a batch mass input 
limitation, every second Periodic Report shall include the mass of HAP 
or material input to the batch unit operation during the 12-month period 
covered by the preceding and current Periodic Reports, and a statement 
of whether the batch front-end process vent was in or out of compliance 
with the batch mass input limitation.
    (v) If any performance tests are reported in a Periodic Report, the 
following information shall be included:
    (A) One complete test report shall be submitted for each test method 
used for a particular kind of emission point tested. A complete test 
report shall contain the information specified in paragraph (e)(5)(i)(B) 
of this section.
    (B) For additional tests performed for the same kind of emission 
point using the same method, results and any other information, 
pertaining to the performance test, that is requested on a case-by-case 
basis by the Administrator shall be submitted, but a complete test 
report is not required.
    (vi) Notification of a change in the primary product of an EPPU, in 
accordance with the provisions in Sec. 63.480(f). This includes a 
change in primary product from one elastomer product to either another 
elastomer product or to a non-elastomer product.
    (vii) The results for each change made to a predominant use 
determination made under Sec. 63.480(g) for a storage vessel that is 
assigned to an affected source subject to this subpart after the change.
    (viii) The results for each change made to a predominant use 
determination made under Sec. 63.480(h) for recovery operations 
equipment assigned to an affected source subject to this subpart after 
the change.
    (ix) An owner or operator complying with paragraph (h)(1) of this 
section shall notify the Administrator of the election to comply with 
paragraph (h)(1) of this section as part of the Periodic Report or as 
part of the Notification of Compliance Status as specified in paragraph 
(e)(5)(xi) of this section.
    (x) An owner or operator electing not to retain daily average or 
batch cycle daily average values under paragraph (h)(2) of this section 
shall notify the Administrator as specified in paragraph (h)(2)(i) of 
this section.
    (xi) The owner or operator of an affected source shall submit 
quarterly reports for all emission points included in an emissions 
average as specified in paragraphs (e)(6)(xi)(A) through (e)(6)(xi)(C) 
of this section.
    (A) The quarterly reports shall be submitted no later than 60 days 
after the end of each quarter. The first report shall be submitted with 
the Notification of Compliance Status no later than 150 days after the 
compliance date.
    (B) The quarterly reports shall include the information specified in 
paragraphs (e)(6)(xi)(B)(1) through (e)(6)(xi)(B)(7) of this section for 
all emission points included in an emissions average.
    (1) The credits and debits calculated each month during the quarter;
    (2) A demonstration that debits calculated for the quarter are not 
more than 1.30 times the credits calculated for the quarter, as required 
under Sec. 63.503(e)(4);
    (3) The values of any inputs to the debit and credit equations in 
Sec. 63.503(g) and (h) that change from month to month during the 
quarter or that have changed since the previous quarter;
    (4) Results of any performance tests conducted during the reporting 
period including one complete report for each test method used for a 
particular kind of emission point as described in paragraph (e)(6)(v) of 
this section;
    (5) Reports of daily average values or batch cycle daily averages of 
monitored parameters for excursions as defined in Sec. 63.505(g) or 
(h);

[[Page 708]]

    (6) For excursions caused by lack of monitoring data, the duration 
of periods when monitoring data were not collected shall be specified; 
and
    (7) Any other information the affected source is required to report 
under the operating permit or Emissions Averaging Plan for the affected 
source.
    (C) Every fourth quarterly report shall include the following:
    (1) A demonstration that annual credits are greater than or equal to 
annual debits as required by Sec. 63.503(e)(3); and
    (2) A certification of compliance with all the emissions averaging 
provisions in Sec. 63.503.
    (xii) The owner or operator of an affected source shall submit 
quarterly reports for particular emission points and process sections 
not included in an emissions average as specified in paragraphs 
(e)(6)(xii)(A) through (e)(6)(xii)(D) of this section.
    (A) The owner or operator of an affected source shall submit 
quarterly reports for a period of 1 year for an emission point or 
process section that is not included in an emissions average if:
    (1) A control or recovery device for a particular emission point or 
process section has more excursions, as defined in Sec. 63.505(g) or 
Sec. 63.505(h), than the number of excused excursions allowed under 
Sec. 63.505(i) for a semiannual reporting period; or
    (2) The Administrator requests that the owner or operator submit 
quarterly reports for the emission point or process section.
    (B) The quarterly reports shall include all information specified in 
paragraphs (e)(6)(iii) through (e)(6)(ix) of this section, as applicable 
to the emission point or process section for which quarterly reporting 
is required under paragraph (e)(6)(xii)(A) of this section. Information 
applicable to other emission points within the affected source shall be 
submitted in the semiannual reports required under paragraph (e)(6)(i) 
of this section.
    (C) Quarterly reports shall be submitted no later than 60 days after 
the end of each quarter.
    (D) After quarterly reports have been submitted for an emission 
point for 1 year without more excursions occurring (during that year) 
than the number of excused excursions allowed under Sec. 63.505(i), the 
owner or operator may return to semiannual reporting for the emission 
point or process section.
    (7) Other reports. Other reports shall be submitted as specified in 
paragraphs (e)(7)(i) through (e)(7)(v) of this section.
    (i) For storage vessels, the notifications of inspections required 
by Sec. 63.484 shall be submitted, as specified in Sec. 63.122(h)(1) 
and (h)(2).
    (ii) For owners or operators of affected sources required to request 
approval for a nominal control efficiency for use in calculating credits 
for an emissions average, the information specified in Sec. 63.503(i) 
shall be submitted, as specified in paragraph (e)(7)(ii)(A) or 
(e)(7)(ii)(B) of this section, as appropriate.
    (A) If use of a nominal control efficiency is part of the initial 
Emissions Averaging Plan described in paragraph (e)(4)(ii) of this 
section, the information shall be submitted with the Emissions Averaging 
Plan.
    (B) If an owner or operator elects to use a nominal control 
efficiency after submittal of the initial Emissions Averaging Plan as 
described in paragraph (e)(4)(ii) of this section, the information shall 
be submitted at the discretion of the owner or operator.
    (iii) For back-end process operations using a control or recovery 
device to comply with Sec. Sec. 63.493 through 63.500, the compliance 
redetermination report required by Sec. 63.499(d) shall be submitted 
within 180 days after the process change.
    (iv) When the conditions of Sec. Sec. 63.480(f)(3)(iii), (f)(9), or 
63.480(f)(10)(iii) are met, reports of changes to the primary product 
for an EPPU or process unit, as required by Sec. Sec. 
63.480(f)(3)(iii), 63.480(f)(9), or 63.480(f)(10)(iii)(C), respectively, 
shall be submitted.
    (v) Owners or operators of EPPU or emission points (other than 
equipment leak components subject to Sec. 63.502) that are subject to 
Sec. 63.480(i)(1) or (i)(2) shall submit a report as specified in 
paragraphs (e)(7)(v)(A) and (B) of this section.
    (A) Reports shall include:

[[Page 709]]

    (1) A description of the process change or addition, as appropriate;
    (2) The planned start-up date and the appropriate compliance date, 
according to Sec. 63.480(i)(1) or (2);
    (3) Identification of the group status of emission points (except 
equipment leak components subject to the requirements in Sec. 63.502) 
specified in paragraphs (e)(7)(v)(A)(3)(i) through (iii) of this 
section, as applicable.
    (i) All the emission points in the added EPPU, as described in Sec. 
63.480(i)(1).
    (ii) All the emission points in an affected source designated as a 
new affected source under Sec. 63.480(i)(2)(i).
    (iii) All the added or created emission points as described in Sec. 
63.480(i)(2)(ii) or (i)(2)(iii).
    (4) If the owner or operator wishes to request approval to use 
alternative monitoring parameters, alternative continuous monitoring or 
recordkeeping, alternative controls, engineering assessment to estimate 
emissions from a batch emissions episode, or wishes to establish 
parameter monitoring levels according to the procedures contained in 
Sec. 63.505(c) or (d), a Precompliance Report shall be submitted in 
accordance with paragraph (e)(7)(v)(B) of this section.
    (B) Reports shall be submitted as specified in paragraphs 
(e)(7)(v)(B)(1) through (e)(7)(v)(B)(3) of this section, as appropriate.
    (1) Owners or operators of an added EPPU subject to Sec. 
63.480(i)(1) shall submit a report no later than 180 days prior to the 
compliance date for the EPPU.
    (2) Owners or operators of an affected source designated as a new 
affected source under Sec. 63.480(i)(2)(i) shall submit a report no 
later than 180 days prior to the compliance date for the affected 
source.
    (3) Owners and operators of any emission point (other than equipment 
leak components subject to Sec. 63.502) subject to Sec. 
63.480(i)(2)(ii) or (i)(2)(iii) shall submit a report no later than 180 
days prior to the compliance date for those emission points.
    (8) Operating permit application. An owner or operator who submits 
an operating permit application instead of an Emissions Averaging Plan 
or a Precompliance Report shall include the following information with 
the operating permit application:
    (i) The information specified in paragraph (e)(4) of this section 
for points included in an emissions average; and
    (ii) The information specified in paragraph (e)(3) of this section, 
Precompliance Report, as applicable.
    (f) Alternative monitoring parameters. The owner or operator of an 
affected source who has been directed by any section of this subpart, or 
any section of another subpart referenced by this subpart, that 
expressly references this paragraph (f) or Sec. 63.151(f) to set unique 
monitoring parameters, or who requests approval to monitor a different 
parameter than those listed in Sec. 63.484 for storage vessels, Sec. 
63.114 for continuous front-end process vents, Sec. 63.489 for batch 
front-end process vents and aggregate batch vent streams, Sec. 63.497 
for back-end process operations, or Sec. 63.143 for process wastewater 
shall submit the information specified in paragraphs (f)(1) through 
(f)(3) of this section in the Precompliance Report, as required by 
paragraph (e)(3) of this section. The owner or operator shall retain for 
a period of 5 years each record required by paragraphs (f)(1) through 
(f)(3) of this section.
    (1) The required information shall include a description of the 
parameter(s) to be monitored to ensure the recovery device, control 
device, or pollution prevention measure is operated in conformance with 
its design and achieves the specified emission limit, percent reduction, 
or nominal efficiency, and an explanation of the criteria used to select 
the parameter(s).
    (2) The required information shall include a description of the 
methods and procedures that will be used to demonstrate that the 
parameter indicates proper operation, the schedule for this 
demonstration, and a statement that the owner or operator will establish 
a level for the monitored parameter as part of the Notification of 
Compliance Status report required in paragraph (e)(5) of this section, 
unless this information has already been included in the operating 
permit application.
    (3) The required information shall include a description of the 
proposed

[[Page 710]]

monitoring, recordkeeping, and reporting system, to include the 
frequency and content of monitoring, recordkeeping, and reporting. 
Further, the rationale for the proposed monitoring, recordkeeping, and 
reporting system shall be included if either condition in paragraph 
(f)(3)(i) or (f)(3)(ii) of this section is met:
    (i) If monitoring and recordkeeping is not continuous, or
    (ii) If reports of daily average values will not be included in 
Periodic Reports when the monitored parameter value is above the maximum 
level or below the minimum level as established in the operating permit 
or the Notification of Compliance Status.
    (g) Alternative continuous monitoring and recordkeeping. An owner or 
operator choosing not to implement the continuous parameter operating 
and recordkeeping provisions listed in Sec. 63.485 for continuous 
front-end process vents, Sec. 63.486 for batch front-end process vents 
and aggregate batch vent streams, Sec. 63.493 for back-end process 
operations, and Sec. 63.501 for process wastewater, may instead request 
approval to use alternative continuous monitoring and recordkeeping 
provisions according to the procedures specified in paragraphs (g)(1) 
through (g)(4) of this section. Requests shall be submitted in the 
Precompliance Report as specified in paragraph (e)(3)(iv) of this 
section, if not already included in the operating permit application, 
and shall contain the information specified in paragraphs (g)(2)(ii) and 
(g)(3)(ii) of this section, as applicable.
    (1) The provisions in Sec. 63.8(f)(5)(i) shall govern the review 
and approval of requests.
    (2) An owner or operator of an affected source that does not have an 
automated monitoring and recording system capable of measuring parameter 
values at least once every 15 minutes and that does not generate 
continuous records may request approval to use a nonautomated system 
with less frequent monitoring, in accordance with paragraphs (g)(2)(i) 
and (g)(2)(ii) of this section.
    (i) The requested system shall include manual reading and recording 
of the value of the relevant operating parameter no less frequently than 
once per hour. Daily average or batch cycle daily average values shall 
be calculated from these hourly values and recorded.
    (ii) The request shall contain:
    (A) A description of the planned monitoring and recordkeeping 
system;
    (B) Documentation that the affected source does not have an 
automated monitoring and recording system;
    (C) Justification for requesting an alternative monitoring and 
recordkeeping system; and
    (D) Demonstration to the Administrator's satisfaction that the 
proposed monitoring frequency is sufficient to represent control or 
recovery device operating conditions, considering typical variability of 
the specific process and control or recovery device operating parameter 
being monitored.
    (3) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency, but that records all 
values that meet set criteria for variation from previously recorded 
values, in accordance with paragraphs (g)(3)(i) and (g)(3)(ii) of this 
section.
    (i) The requested system shall be designed to:
    (A) Measure the operating parameter value at least once during every 
15 minute period;
    (B) Except for the monitoring of batch front-end process vents, 
record at least four values each hour during periods of operation;
    (C) Record the date and time when monitors are turned off or on;
    (D) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident;
    (E) Calculate daily average or batch cycle daily average values of 
the monitored operating parameter based on all measured data; and
    (F) If the daily average is not an excursion, as defined in Sec. 
63.505 (g) or (h), the data for that operating day may be converted to 
hourly average values and the four or more individual records for each 
hour in the operating day may be discarded.
    (ii) The request shall contain:

[[Page 711]]

    (A) A description of the monitoring system and data compression 
recording system, including the criteria used to determine which 
monitored values are recorded and retained;
    (B) The method for calculating daily averages and batch cycle daily 
averages; and
    (C) A demonstration that the system meets all criteria in paragraph 
(g)(3)(i) of this section.
    (4) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec. 63.8(f)(4).
    (h) Reduced recordkeeping program. For any parameter with respect to 
any item of equipment, the owner or operator may implement the 
recordkeeping requirements in paragraph (h)(1) or (h)(2) of this section 
as alternatives to the continuous operating parameter monitoring and 
recordkeeping provisions that would otherwise apply under this subpart. 
The owner or operator shall retain for a period of 5 years each record 
required by paragraph (h)(1) or (h)(2) of this section, except as 
otherwise provided in paragraph (h)(1)(vi)(D) of this section.
    (1) The owner or operator may retain only the daily average or the 
batch cycle daily average value, and is not required to retain more 
frequent monitored operating parameter values, for a monitored parameter 
with respect to an item of equipment, if the requirements of paragraphs 
(h)(1)(i) through (h)(1)(vi) of this section are met. An owner or 
operator electing to comply with the requirements of paragraph (h)(1) of 
this section shall notify the Administrator in the Notification of 
Compliance Status as specified in paragraph (e)(5)(xii) of this section, 
or, if the Notification of Compliance Status has already been submitted, 
in the Periodic Report immediately preceding implementation of the 
requirements of paragraph (h)(1) of this section, as specified in 
paragraph (e)(6)(ix) of this section.
    (i) The monitoring system is capable of detecting unrealistic or 
impossible data during periods of normal operation (e.g., a temperature 
reading of -200 [deg]C on a boiler), and will alert the operator by 
alarm or other means. The owner or operator shall record the occurrence. 
All instances of the alarm or other alert in an operating day constitute 
a single occurrence.
    (ii) The monitoring system generates, updated at least hourly 
throughout each operating day, a running average of the monitoring 
values that have been obtained during that operating day, and the 
capability to observe this running average is readily available to the 
Administrator on-site during the operating day. The owner or operator 
shall record the occurrence of any period meeting the criteria in 
paragraphs (h)(1)(ii)(A) through (h)(1)(ii)(C) of this section. All 
instances in an operating day constitute a single occurrence.
    (A) The running average is above the maximum or below the minimum 
established limits;
    (B) The running average is based on at least six one-hour average 
values; and
    (C) The running average reflects a period of normal operation.
    (iii) The monitoring system is capable of detecting unchanging data 
during periods of normal operation, except in circumstances where the 
presence of unchanging data is the expected operating condition based on 
past experience (e.g., pH in some scrubbers), and will alert the 
operator by alarm or other means. The owner or operator shall record the 
occurrence. All instances of the alarm or other alert in an operating 
day constitute a single occurrence.
    (iv) The monitoring system will alert the owner or operator by an 
alarm or other means, if the running average parameter value calculated 
under paragraph (h)(1)(ii) of this section reaches a set point that is 
appropriately related to the established limit for the parameter that is 
being monitored.
    (v) The owner or operator shall verify the proper functioning of the 
monitoring system, including its ability to comply with the requirements 
of paragraph (h)(1) of this section, at the times specified in 
paragraphs (h)(1)(v)(A) through (h)(1)(v)(C) of this section. The owner 
or operator shall document that the required verifications occurred.
    (A) Upon initial installation.

[[Page 712]]

    (B) Annually after initial installation.
    (C) After any change to the programming or equipment constituting 
the monitoring system, which might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (vi) The owner or operator shall retain the records identified in 
paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(D) of this section.
    (A) Identification of each parameter, for each item of equipment, 
for which the owner or operator has elected to comply with the 
requirements of paragraph (h) of this section.
    (B) A description of the applicable monitoring system(s), and how 
compliance will be achieved with each requirement of paragraphs 
(h)(1)(i) through (h)(1)(v) of this section. The description shall 
identify the location and format (e.g., on-line storage, log entries) 
for each required record. If the description changes, the owner or 
operator shall retain both the current and the most recent superseded 
description. The description, and the most recent superseded 
description, shall be retained as provided in paragraph (a) of this 
section, except as provided in paragraph (h)(1)(vi)(D) of this section.
    (C) A description, and the date, of any change to the monitoring 
system that would reasonably be expected to impair its ability to comply 
with the requirements of paragraph (h)(1) of this section.
    (D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this 
section shall retain the current description of the monitoring system as 
long as the description is current. The current description shall, at 
all times, be retained on-site or be accessible from a central location 
by computer or other means that provides access within 2 hours after a 
request. The owner or operator shall retain all superseded descriptions 
for at least 5 years after the date of their creation. Superseded 
descriptions shall be retained on-site (or accessible from a central 
location by computer or other means that provides access within 2 hours 
after a request) for at least 6 months after their creation. Thereafter, 
superseded descriptions may be stored off-site.
    (2) If an owner or operator has elected to implement the 
requirements of paragraph (h)(1) of this section for a monitored 
parameter with respect to an item of equipment and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (h)(2)(iv) of this section, the owner or operator is no longer 
required to record the daily average or batch cycle daily average value, 
for any operating day when the daily average or batch cycle daily 
average value is less than the maximum, or greater than the minimum 
established limit. With approval by the Administrator, monitoring data 
generated prior to the compliance date of this subpart shall be credited 
toward the period of 6 consecutive months, if the parameter limit and 
the monitoring accomplished during the period prior to the compliance 
date was required and/or approved by the Administrator.
    (i) If the owner or operator elects not to retain the daily average 
or batch cycle daily average values, the owner or operator shall notify 
the Administrator in the next Periodic Report as specified in paragraph 
(e)(6)(x) of this section. The notification shall identify the parameter 
and unit of equipment.
    (ii) If, on any operating day after the owner or operator has ceased 
recording daily average or batch cycle daily average values as provided 
in paragraph (h)(2) of this section, there is an excursion as defined in 
paragraph (h)(2)(iv) of this section, the owner or operator shall 
immediately resume retaining the daily average or batch cycle daily 
average value for each operating day and shall notify the Administrator 
in the next Periodic Report. The owner or operator shall continue to 
retain each daily average or batch cycle daily average value until 
another period of 6 consecutive months has passed without an excursion 
as defined in paragraph (h)(2)(iv) of this section.
    (iii) The owner or operator shall retain the records specified in 
paragraphs (h)(1)(i) through (iii) of this section, for the duration 
specified in paragraph (h) of this section. For any calendar week, if 
compliance with paragraphs (h)(1)(i) through (iii) of this section does 
not result in retention of a record of at least one occurrence or 
measured parameter

[[Page 713]]

value, the owner or operator shall record and retain at least one 
parameter value during a period of normal operation.
    (iv) For the purposes of paragraph (h) of this section, an excursion 
means that the daily average or batch cycle daily average value of 
monitoring data for a parameter is greater than the maximum, or less 
than the minimum established value, except as provided in paragraphs 
(h)(2)(iv)(A) and (h)(2)(iv)(B) of this section.
    (A) [Reserved]
    (B) An excused excursion, as described in Sec. 63.505(i), shall not 
be considered an excursion for the purposes of paragraph (h)(2) of this 
section.
    (i)(1) As of January 1, 2012, and within 60 days after the date of 
completing each performance test, as defined in Sec. 63.2 and as 
required in this subpart, you must submit performance test data, except 
opacity data, electronically to EPA's Central Data Exchange by using the 
Electronic Reporting Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/
ert tool.html/) or other compatible electronic spreadsheet. Only data 
collected using test methods compatible with ERT are subject to this 
requirement to be submitted electronically into EPA's WebFIRE database.
    (2) All reports required by this subpart not subject to the 
requirements in paragraphs (i)(1) of this section must be sent to the 
Administrator at the appropriate address listed in Sec. 63.13. If 
acceptable to both the Administrator and the owner or operator of a 
source, these reports may be submitted on electronic media. The 
Administrator retains the right to require submittal of reports subject 
to paragraph (i)(1) of this section in paper format.

[62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11547, Mar. 9, 1999; 65 
FR 38076, June 19, 2000; 66 FR 36928, July 16, 2001; 71 FR 20457, Apr. 
20, 2006; 76 FR 22593, Apr. 21, 2011]



Sec. 63.507  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.480 through 63.481, 63.483(a) through (c), 63.484, 63.485(a) through 
(k), (m) through (s), (u), 63.486 through 63.487, 63.488(a), (b)(1) 
through (4), (5)(iv) through (v), (6) through (7), (c) through (i), 
63.493 through 63.494, 63.500(a)(1) through (3), (b), 63.501, 63.502(a) 
through (f), (i), (k) through (m), and 63.503. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart. Where 
these standards reference another subpart and modify the requirements, 
the requirements shall be modified as described in this subpart. 
Delegation of the modified requirements will also occur according to the 
delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37349, June 23, 2003]

[[Page 714]]



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

                Provisions to Subpart U Affected Sources

------------------------------------------------------------------------
                                    Applies to
           Reference                subpart U           Explanation
------------------------------------------------------------------------
Sec.  63.1(a)(1).............  Yes..............  Sec.  63.482
                                                    specifies
                                                    definitions in
                                                    addition to or that
                                                    supersede
                                                    definitions in Sec.
                                                     63.2.
Sec.  63.1(a)(2).............  Yes.
Sec.  63.1(a)(3).............  Yes..............  Sec.  63.481(f)
                                                    through (k) and Sec.
                                                      63.160(b) identify
                                                    those standards
                                                    which may apply in
                                                    addition to the
                                                    requirements of
                                                    subparts U and H of
                                                    this part, and
                                                    specify how
                                                    compliance shall be
                                                    achieved.
Sec.  63.1(a)(4).............  Yes..............  Subpart U (this
                                                    table) specifies the
                                                    applicability of
                                                    each paragraph in
                                                    subpart A to subpart
                                                    U.
Sec.  63.1(a)(5).............  No...............  [Reserved.].
Sec.  63.1(a)(6)-(8).........  Yes.
Sec.  63.1(a)(9).............  No...............  [Reserved.].
Sec.  63.1(a)(10)............  Yes.
Sec.  63.1(a)(11)............  Yes.
Sec.  63.1(a)(12)-(14).......  Yes.
Sec.  63.1(b)(1).............  No...............  Sec.  63.480(a)
                                                    contains specific
                                                    applicability
                                                    criteria.
Sec.  63.1(b)(2).............  Yes.
Sec.  63.1(b)(3).............  No...............  Sec.  63.480(b)
                                                    provides
                                                    documentation
                                                    requirements for
                                                    EPPUs not considered
                                                    affected sources.
Sec.  63.1(c)(1).............  Yes..............  Subpart U (this
                                                    table) specifies the
                                                    applicability of
                                                    each paragraph in
                                                    subpart A to subpart
                                                    U.
Sec.  63.1(c)(2).............  No...............  Area sources are not
                                                    subject to subpart
                                                    U.
Sec.  63.1(c)(3).............  No...............  [Reserved.].
Sec.  63.1(c)(4).............  Yes.
Sec.  63.1(c)(5).............  Yes..............  Except that affected
                                                    sources are not
                                                    required to submit
                                                    notifications that
                                                    are not required by
                                                    subpart U.
Sec.  63.1(d)................  No...............  [Reserved.].
Sec.  63.1(e)................  Yes.
Sec.  63.2...................  Yes..............  Sec.  63.482
                                                    specifies those
                                                    subpart A
                                                    definitions that
                                                    apply to subpart U.
Sec.  63.3...................  Yes.
Sec.  63.4(a)(1)-(3).........  Yes.
Sec.  63.4(a)(4).............  No...............  [Reserved.].
Sec.  63.4(a)(5).............  Yes.
Sec.  63.4(b)................  Yes.
Sec.  63.4(c)................  Yes.
Sec.  63.5(a)(1).............  Yes..............  Except the terms
                                                    ``source'' and
                                                    ``stationary
                                                    source'' should be
                                                    interpreted as
                                                    having the same
                                                    meaning as
                                                    ``affected source''.
Sec.  63.5(a)(2).............  Yes.
Sec.  63.5(b)(1).............  Yes..............  Except Sec.
                                                    63.480(i) defines
                                                    when construction or
                                                    reconstruction is
                                                    subject to new
                                                    source standards.
Sec.  63.5(b)(2).............  No...............  [Reserved.].
Sec.  63.5(b)(3).............  Yes.
Sec.  63.5(b)(4).............  Yes..............  Except that the
                                                    Initial Notification
                                                    and Sec.  63.9(b)
                                                    requirements do not
                                                    apply.
Sec.  63.5(b)(5).............  Yes.
Sec.  63.5(b)(6).............  Yes..............  Except that Sec.
                                                    63.480(i) defines
                                                    when construction or
                                                    reconstruction is
                                                    subject to the new
                                                    source standards.
Sec.  63.5(c)................  No...............  [Reserved.].
Sec.  63.5(d)(1)(i)..........  Yes..............  Except that the
                                                    references to the
                                                    Initial Notification
                                                    and Sec.
                                                    63.9(b)(5) do not
                                                    apply.
Sec.  63.5(d)(1)(ii).........  Yes..............  Except that Sec.
                                                    63.5(d)(1)(ii)(H)
                                                    does not apply.
Sec.  63.5(d)(1)(iii)........  No...............  Sec.  63.506(e)(5)
                                                    and Sec.  63.502(f)
                                                    specify Notification
                                                    of Compliance Status
                                                    requirements.
Sec.  63.5(d)(2).............  No.
Sec.  63.5(d)(3).............  Yes..............  Except Sec.
                                                    63.5(d)(3)(ii) does
                                                    not apply, and
                                                    equipment leaks
                                                    subject to Sec.
                                                    63.502 are exempt.
Sec.  63.5(d)(4).............  Yes.
Sec.  63.5(e)................  Yes.
Sec.  63.5(f)(1).............  Yes.
Sec.  63.5(f)(2).............  Yes..............  Except that where
                                                    Sec.  63.9(b)(2) is
                                                    referred to, the
                                                    owner or operator
                                                    need not comply.
Sec.  63.6(a)................  Yes.
Sec.  63.6(b)(1).............  No...............  The dates specified
                                                    in Sec.  63.481(b)
                                                    apply, instead.
Sec.  63.6(b)(2).............  No.
Sec.  63.6(b)(3).............  No.
Sec.  63.6(b)(4).............  No.
Sec.  63.6(b)(5).............  No.
Sec.  63.6(b)(6).............  No...............  [Reserved.].
Sec.  63.6(b)(7).............  No.
Sec.  63.6(c)(1).............  Yes..............  Sec.  63.481
                                                    specifies the
                                                    compliance date.

[[Page 715]]

 
Sec.  63.6(c)(2).............  No.
Sec.  63.6(c)(3).............  No...............  [Reserved.].
Sec.  63.6(c)(4).............  No...............  [Reserved.].
Sec.  63.6(c)(5).............  Yes.
Sec.  63.6(d)................  No...............  [Reserved.].
Sec.  63.6(e)(1)(i)..........  No...............  See Sec.
                                                    63.483(a)(1) for
                                                    general duty
                                                    requirement. Any
                                                    cross reference to
                                                    Sec.  63.6(e)(1)(i)
                                                    in any other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross
                                                    reference to Sec.
                                                    63.483(a)(1).
Sec.  63.6(e)(1)(ii).........  No...............
Sec.  63.6(e)(1)(iii)........  Yes.
Sec.  63.6(e)(2).............  No...............  [Reserved]
Sec.  63.6(e)(3).............  No...............
Sec.  63.6(f)(1).............  No...............
Sec.  63.6(f)(2).............  Yes..............  Except 63.7(c), as
                                                    referred to in Sec.
                                                     63.6(f)(2)(iii)(D)
                                                    does not apply, and
                                                    except that Sec.
                                                    63.6(f)(2)(ii) does
                                                    not apply to
                                                    equipment leaks
                                                    subject to Sec.
                                                    63.502.
Sec.  63.6(f)(3).............  Yes.
Sec.  63.6(g)................  Yes.
Sec.  63.6(h)................  No...............  Subpart U does not
                                                    require opacity and
                                                    visible emission
                                                    standards.
Sec.  63.6(i)(1).............  Yes.
Sec.  63.6(i)(2).............  Yes.
Sec.  63.6(i)(3).............  Yes.
Sec.  63.6(i)(4)(i)(A).......  Yes.
Sec.  63.6(i)(4)(i)(B).......  No...............  Dates are specified
                                                    in Sec.  63.481(e)
                                                    and Sec.
                                                    63.506(e)(3)(i).
Sec.  63.6(i)(4)(ii).........  No.
Sec.  63.6(i)(5)-(14)........  Yes.
Sec.  63.6(i)(15)............  No...............  [Reserved.].
Sec.  63.6(i)(16)............  Yes.
Sec.  63.6(j)................  Yes.
Sec.  63.7(a)(1).............  Yes.
Sec.  63.7(a)(2).............  No.                Sec.  63.506(e)(5)
                                                    specifies the
                                                    submittal dates of
                                                    performance test
                                                    results for all
                                                    emission points
                                                    except equipment
                                                    leaks; for equipment
                                                    leaks, compliance
                                                    demonstration
                                                    results are reported
                                                    in the Periodic
                                                    Reports.
Sec.  63.7(a)(3).............  Yes.
Sec.  63.7(b)................  No...............  Sec.  63.504(a)(4)
                                                    specifies
                                                    notification
                                                    requirements.
Sec.  63.7(c)................  No...............  Except if the owner
                                                    or operator chooses
                                                    to submit an
                                                    alternative
                                                    nonopacity emission
                                                    standard for
                                                    approval under Sec.
                                                     63.6(g).
Sec.  63.7(d)................  Yes.
Sec.  63.7(e)(1).............  No...............  See Sec.
                                                    63.504(a)(1). Any
                                                    cross-reference to
                                                    Sec.  63.7(e)(1) in
                                                    any other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to Sec.
                                                    63.504(a)(1).
Sec.  63.7(e)(2).............  Yes.
Sec.  63.7(e)(3).............  No...............  Subpart U specifies
                                                    requirements.
Sec.  63.7(e)(4).............  Yes.
Sec.  63.7(f)................  Yes..............  Except that Sec.
                                                    63.144(b)(5)(iii)(A)
                                                    & (B) shall apply
                                                    for process
                                                    wastewater. Also,
                                                    since a site
                                                    specific test plan
                                                    is not required, the
                                                    notification
                                                    deadline in Sec.
                                                    63.7(f)(2)(i) shall
                                                    be 60 days prior to
                                                    the performance
                                                    test, and in Sec.
                                                    63.7(f)(3) approval
                                                    or disapproval of
                                                    the alternative test
                                                    method shall not be
                                                    tied to the site
                                                    specific test plan.
Sec.  63.7(g)................  Yes..............  Except that the
                                                    requirements in Sec.
                                                      63.506(e)(5) shall
                                                    apply instead of
                                                    references to the
                                                    Notification of
                                                    Compliance Status
                                                    report in 63.9(h).
                                                    In addition,
                                                    equipment leaks
                                                    subject to Sec.
                                                    63.502 are not
                                                    required to conduct
                                                    performance tests.
Sec.  63.7(h)................  Yes..............  Except Sec.
                                                    63.7(h)(4)(ii) is
                                                    not applicable,
                                                    since the site-
                                                    specific test plans
                                                    in Sec.  63.7(c)(2)
                                                    are not required.
Sec.  63.8(a)(1).............  Yes.
Sec.  63.8(a)(2).............  No.
Sec.  63.8(a)(3).............  No...............  [Reserved.].
Sec.  63.8(a)(4).............  Yes.
Sec.  63.8(b)(1).............  Yes.
Sec.  63.8(b)(2).............  No...............  Subpart U specifies
                                                    locations to conduct
                                                    monitoring.
Sec.  63.8(b)(3).............  Yes.
Sec.  63.8(c)(1).............  Yes.
Sec.  63.8(c)(1)(i)..........  Yes.
Sec.  63.8(c)(1)(ii).........  No...............  For all emission
                                                    points except
                                                    equipment leaks,
                                                    comply with Sec.
                                                    63.506(b)(1)(i)(B);
                                                    for equipment leaks,
                                                    comply with Sec.
                                                    63.181(g)(2)(iii).
Sec.  63.8(c)(1)(iii)........  Yes.
Sec.  63.8(c)(2).............  Yes.
Sec.  63.8(c)(3).............  Yes.

[[Page 716]]

 
Sec.  63.8(c)(4).............  No...............  Sec.  63.505
                                                    specifies monitoring
                                                    frequency; not
                                                    applicable to
                                                    equipment leaks,
                                                    because Sec.
                                                    63.502 does not
                                                    require continuous
                                                    monitoring systems.
Sec.  63.8(c)(5)-(8).........  No.
Sec.  63.8(d)................  No.
Sec.  63.8(e)................  No.
Sec.  63.8(f)(1)-(3).........  Yes.
Sec.  63.8(f)(4)(i)..........  No...............  Timeframe for
                                                    submitting request
                                                    is specified in Sec.
                                                      63.506(f) or (g);
                                                    not applicable to
                                                    equipment leaks,
                                                    because Sec.
                                                    63.502 (through
                                                    reference to subpart
                                                    H) specifies
                                                    acceptable
                                                    alternative methods.
Sec.  63.8(f)(4)(ii).........  No...............  Contents of request
                                                    are specified in
                                                    Sec.  63.506(f) or
                                                    (g).
Sec.  63.8(f)(4)(iii)........  No.
Sec.  63.8(f)(5)(i)..........  Yes.
Sec.  63.8(f)(5)(ii).........  No.
Sec.  63.8(f)(5)(iii)........  Yes.
Sec.  63.8(f)(6).............  No...............  Subpart U does not
                                                    require CEM's.
Sec.  63.8(g)................  No...............  Data reduction
                                                    procedures specified
                                                    in Sec.  63.506(d)
                                                    and (h); not
                                                    applicable to
                                                    equipment leaks.
Sec.  63.9(a)................  Yes.
Sec.  63.9(b)................  No...............  Subpart U does not
                                                    require an initial
                                                    notification.
Sec.  63.9(c)................  Yes.
Sec.  63.9(d)................  Yes.
Sec.  63.9(e)................  No...............  Sec.  63.504(a)(4)
                                                    specifies
                                                    notification
                                                    deadline.
Sec.  63.9(f)................  No...............  Subpart U does not
                                                    require opacity and
                                                    visible emission
                                                    standards.
Sec.  63.9(g)................  No.
Sec.  63.9(h)................  No...............  Sec.  63.506(e)(5)
                                                    specifies
                                                    Notification of
                                                    Compliance Status
                                                    requirements.
Sec.  63.9(i)................  Yes.
Sec.  63.9(j)................  No.
Sec.  63.10(a)...............  Yes..............
Sec.  63.10(b)(1)............  No...............  Sec.  63.506(a)
                                                    specifies record
                                                    retention
                                                    requirements.
Sec.  63.10(b)(2)............  No...............  Subpart U specifies
                                                    recordkeeping
                                                    requirements.
Sec.  63.10(b)(3)............  No...............  Sec.  63.480(b)
                                                    requires
                                                    documentation of
                                                    sources that are not
                                                    affected sources.
Sec.  63.10(c)...............  No...............  Sec.  63.506
                                                    specifies
                                                    recordkeeping
                                                    requirements.
Sec.  63.10(d)(1)............  Yes..............
Sec.  63.10(d)(2)............  No...............  Sec.  63.506(e)(5)
                                                    specifies
                                                    performance test
                                                    reporting
                                                    requirements; not
                                                    applicable to
                                                    equipment leaks.
Sec.  63.10(d)(3)............  No...............  Subpart U does not
                                                    require opacity and
                                                    visible emission
                                                    standards.
Sec.  63.10(d)(4)............  Yes..............
63.10(d)(5)(i)................  No...............
Sec.  63.10(d)(5)(ii)........  No...............
Sec.  63.10(e)...............  No...............  Sec.  63.506
                                                    specifies reporting
                                                    requirements.
Sec.  63.10(f)...............  Yes..............
Sec.  63.11..................  Yes..............  Sec.  63.11(b)
                                                    specifies
                                                    requirements for
                                                    flares used to
                                                    comply with
                                                    provisions of this
                                                    subpart. Sec.
                                                    63.504(c) contains
                                                    the requirements to
                                                    conduct compliance
                                                    demonstrations for
                                                    flares subject to
                                                    this subpart. Sec.
                                                    63.11(c), (d), and
                                                    (e) specifies
                                                    requirements for an
                                                    alternative work
                                                    practice for
                                                    equipment leaks.
Sec.  63.12..................  Yes..............  Except that the
                                                    authority of Sec.
                                                    63.503(i) and the
                                                    authority of Sec.
                                                    63.177 (for
                                                    equipment leaks)
                                                    will not be
                                                    delegated to States.
Sec. Sec.  63.13-63.15......  Yes..............
------------------------------------------------------------------------
\a\ The plan and any records or reports of start-up, shutdown, and
  malfunction do not apply to Group 2 emission points unless they are
  included in an emissions average.


[66 FR 36928, July 16, 2001, as amended at 71 FR 20457, Apr. 20, 2006; 
73 FR 78213, Dec. 22, 2008]



Sec. Table 2 to Subpart U of Part 63--Applicability of Subparts F, G, & 

              H of This Part to Subpart U Affected Sources

----------------------------------------------------------------------------------------------------------------
            Reference               Applies to Subpart U         Comment         Applicable section of Subpart U
----------------------------------------------------------------------------------------------------------------
Subpart F:
  Sec.  63.100..................  No...................
  Sec.  63.101..................  Yes..................  Several definitions   Sec.  63.482.
                                                           from Sec.  63.101
                                                           are referenced in
                                                           Sec.  63.482.
  Sec. Sec.  63.102-63.103.....  No...................
  Sec. Sec.  63.104-63.105.....  Yes..................  ....................  Sec. Sec.  63.501 and 63.502.
  Sec. Sec.  63.106-63.109.....  No...................

[[Page 717]]

 
Subpart G:
  Sec.  63.110..................  No...................
  Sec.  63.111..................  Yes..................  Several definitions   Sec.  63.482.
                                                           from Sec.  63.111
                                                           reference in Sec.
                                                           63.482.
  Sec.  63.112..................  No...................
  Sec. Sec.  63.113-63.118.....  Yes..................  With the differences
                                                           noted in Sec.
                                                           63.485 (b) through
                                                           Sec.  63.485(k).
  Sec. Sec.  63.119-63.123.....  Yes..................  With the differences  63.484.
                                                           noted in Sec.
                                                           63.484(c) through
                                                           63.484(s).
  Sec. Sec.  63.124-63.125.....  No...................  [Reserved.].........
  Sec. Sec.  63.126-63.130.....  No...................
  Sec.  63.131..................  .....................  [Reserved.].........
  Sec. Sec.  63.133-63.147.....  Yes..................  With the differences  Sec.  63.501.
                                                           noted in Sec.
                                                           63.501(a)(1)
                                                           through (19).
  Sec. Sec.  63.148-63.149.....  Yes..................  With the differences  Sec. Sec.  63.484 and 63.501.
                                                           noted in Sec. Sec.
                                                             63.484(c) through
                                                           (s) and
                                                           63.501(a)(1)
                                                           through (23).
  Sec.  63.150(a) through (f)...  No...................
  Sec.  63.150(g)(1) and (2)....  No...................
  Sec.  63.150(g)(3)............  Yes..................  ....................  Sec.  63.503(g)(3).
  Sec.  63.150(g)(4)............  No...................
  Sec.  63.150(g)(5)............  Yes..................  ....................  Sec.  63.503(g)(5).
  Sec.  63.150(h)(1) and (2)....  No...................
  Sec.  63.150(h)(3)............  Yes..................  ....................  Sec.  63.503(h)(3).
  Sec.  63.150(h)(4)............  No...................
  Sec.  63.150(h)(5)............  Yes..................  ....................  Sec.  63.503(h)(5).
  Sec.  63.150(i) through (o)...  No...................
  Sec. Sec.  63.151-63.152.....  No...................
Subpart H:
  Sec. Sec.  63.160-63.182.....  Yes..................  Subpart U affected    Sec.  63.502.
                                                           sources shall
                                                           comply with all
                                                           requirements of
                                                           subpart H of this
                                                           part, with the
                                                           differences noted
                                                           in Sec.  63.502.
----------------------------------------------------------------------------------------------------------------


[66 FR 36928, July 16, 2001, as amended at 76 FR 22594, Apr. 21, 2011]



    Sec. Table 3 to Subpart U of Part 63--Group 1 Storage Vessels at 

                        Existing Affected Sources

------------------------------------------------------------------------
                                                  Vapor pressure \a\
       Vessel capacity (cubic meters)                (kilopascals)
------------------------------------------------------------------------
75 <= capacity < 151........................  =13.1
151 <= capacity.............................  =5.2
------------------------------------------------------------------------
\a\ Maximum true vapor pressure of total organic HAP at storage
  temperature.



  Sec. Table 4 to Subpart U of Part 63--Group 1 Storage Vessels at New 

                                 Sources

------------------------------------------------------------------------
                                                  Vapor Pressure \a\
       Vessel capacity (cubic meters)                (kilopascals)
------------------------------------------------------------------------
38 <= capacity < 151........................  = 13.1
151 <= capacity.............................  = 0.7
------------------------------------------------------------------------
\a\ Maximum true vapor pressure of total organic HAP at storage
  temperature.



Sec. Table 5 to Subpart U of Part 63--Known Organic HAP Emitted From the 

                    Production of Elastomer Products

                                          [Known organic HAP emitted from the production of elastomer products]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Elastomer product/subcategory
    Organic HAP/Chemical name (CAS No.)    -------------------------------------------------------------------------------------------------------------
                                               BR        EPI       EPR       HYP       NEO       NBL       NBR    PBR/SBRS     PSR       SBL      SBRE
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acrylonitrile (107131)....................  ........  ........  ........  ........  ........        X         X   ........  ........  ........
1,3 Butadiene (106990)....................  ........  ........  ........  ........  ........        X         X         X   ........        X         X
Carbon Disulfide..........................  ........  ........  ........  ........  ........        X         X         X   ........        X         X

[[Page 718]]

 
Carbon Tetrachloride (56235)..............  ........  ........  ........        X   ........  ........  ........  ........  ........  ........
Chlorobenzene (108907)....................  ........  ........  ........        X   ........  ........  ........  ........  ........  ........
Chloroform (67663)........................  ........  ........  ........        X   ........  ........  ........  ........  ........  ........
Chloroprene (126998)......................  ........  ........  ........  ........        X   ........  ........  ........  ........  ........
Epichlorohydrin (106898)..................  ........        X   ........  ........  ........  ........  ........  ........  ........  ........
Ethylbenzene (100414).....................        X   ........  ........  ........  ........  ........  ........  ........  ........        X
Ethylene Dichloride (107062)..............  ........  ........  ........  ........  ........  ........  ........  ........        X   ........
Ethylene Oxide (75218)....................  ........        X   ........  ........  ........  ........  ........  ........        X   ........
Formaldehyde (50000)......................  ........        X   ........  ........  ........  ........  ........  ........        X   ........
Hexane (110543)...........................        X   ........        X   ........  ........  ........  ........        X   ........  ........
Methanol (67561)..........................        X   ........  ........  ........  ........  ........  ........        X   ........  ........
Methyl Chloride (74873)...................        X   ........  ........        X   ........  ........  ........  ........  ........  ........
Propylene Oxide (75569)...................  ........        X   ........  ........  ........  ........  ........  ........  ........  ........
Styrene (100425)..........................  ........  ........  ........  ........  ........  ........  ........        X   ........        X         X
Toluene (108883)..........................  ........        X         X   ........        X   ........  ........        X   ........  ........
Xylenes (1330207).........................        X   ........  ........  ........  ........  ........  ........  ........  ........  ........
Xylene (m-) (108383)......................        X   ........  ........  ........  ........  ........  ........  ........  ........  ........
Xylene (o-) (95476).......................        X   ........  ........  ........  ........  ........  ........  ........  ........  ........
Xylene (p-) (106423)......................        X   ........  ........  ........  ........  ........  ........  ........  ........  ........
--------------------------------------------------------------------------------------------------------------------------------------------------------
CAS No. = Chemical Abstract Service Number.
BR = Butyl Rubber.
EPI = Epichlorohydrin Rubber.
EPR = Ethylene Propylene Rubber.
HYP = Hypalon\TM\.
NEO = Neoprene.
NBL = Nitrile Butadiene Latex.
NBR = Nitrile Butadiene Rubber.
PBR/SBRS = Polybutadiene and Styrene Butadiene Rubber by Solution.
PSR = Polysulfide Rubber.
SBL = Styrene Butadiene Latex.
SBRE = Styrene Butadiene Rubber by Emulsion.


[76 FR 22594, Apr. 21, 2011]



 Sec. Table 6 to Subpart U of Part 63--Group 1 Batch Front-End Process 

 Vents and Aggregate Batch Vent Streams--Monitoring, Recordkeeping, and 

                         Reporting Requirements

------------------------------------------------------------------------
                                                      Recordkeeping and
                                 Parameter to be          reporting
   Control/recovery device          monitored         requirements for
                                                    monitored parameters
------------------------------------------------------------------------
Thermal incinerator.........  Firebox temperature   1. Continuous
                               \a\.                  records as
                                                     specified in Sec.
                                                     63.491(e)(1). \b\
                                                    2. Record and report
                                                     the average firebox
                                                     temperature
                                                     measured during the
                                                     performance test--
                                                     NCS. \c\
                                                    3. Record the batch
                                                     cycle daily average
                                                     firebox temperature
                                                     as specified in
                                                     Sec.
                                                     63.491(e)(2).
                                                    4. Report all batch
                                                     cycle daily average
                                                     temperatures that
                                                     are below the
                                                     minimum operating
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when monitoring
                                                     data are not
                                                     collected--PR.
                                                     \d,e\
Catalytic incinerator.......  Temperature upstream  1. Continuous
                               and downstream of     records as
                               the catalyst bed.     specified in Sec.
                                                     63.491(e)(1). \b\

[[Page 719]]

 
                                                    2. Record and report
                                                     the average
                                                     upstream and
                                                     downstream
                                                     temperatures and
                                                     the average
                                                     temperature
                                                     difference across
                                                     the catalyst bed
                                                     measured during the
                                                     performance test--
                                                     NCS. \c\
                                                    3. Record the batch
                                                     cycle daily average
                                                     upstream
                                                     temperature and
                                                     temperature
                                                     difference across
                                                     catalyst bed as
                                                     specified in Sec.
                                                     63.491(e)(2).
                                                    4. Report all batch
                                                     cycle daily average
                                                     upstream
                                                     temperatures that
                                                     are below the
                                                     minimum upstream
                                                     value established
                                                     in the NCS or
                                                     operating permit--
                                                     PR. \d,e\
 
                                                    5. Reporting all
                                                     batch cycle daily
                                                     average temperature
                                                     differences across
                                                     the catalyst bed
                                                     that are below the
                                                     minimum difference
                                                     established in the
                                                     NCS or operating
                                                     permit--PR. \d,e\
                                                    6. Report all
                                                     instances when
                                                     monitoring data are
                                                     not collected.
Boiler or process heater      Firebox temperature   1. Continuous
 with a design heat input      \a\.                  records as
 capacity less than 44                               specified in Sec.
 megawatts and where the                             63.491(e)(1). \b\
 batch front--end process
 vents or aggregate batch
 vent streams are ``not''
 introduced with or used as
 the primary fuel.
                                                    2. Record and report
                                                     the average firebox
                                                     temperature
                                                     measured during the
                                                     performance test--
                                                     NCS. \c\
                                                    3. Record the batch
                                                     cycle daily average
                                                     firebox temperature
                                                     as specified in
                                                     Sec.
                                                     63.491(e)(2). \d\
                                                    4. Report all batch
                                                     cycle daily average
                                                     temperatures that
                                                     are below the
                                                     minimum operating
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when monitoring
                                                     data are not
                                                     collected--PR.
                                                     \d,e\
Flare.......................  Presence of a flame   1. Hourly records of
                               at the pilot light.   whether the monitor
                                                     was continuously
                                                     operating during
                                                     light batch
                                                     emission episodes
                                                     selected for
                                                     control and whether
                                                     a flame was
                                                     continuously
                                                     present at the
                                                     pilot light during
                                                     each hour.
                                                    2. Record and report
                                                     the presence of a
                                                     flame at the pilot
                                                     light over the full
                                                     period of the
                                                     compliance
                                                     determination--NCS.
                                                     \c\
                                                    3. Record the times
                                                     and durations of
                                                     all periods during
                                                     batch emission
                                                     episodes when all
                                                     flames at the pilot
                                                     light of a flare
                                                     are absent or the
                                                     monitor is not
                                                     operating.
                                                    4. Report the times
                                                     and durations of
                                                     all periods during
                                                     batch emission
                                                     episodes selected
                                                     for control when
                                                     all flames at the
                                                     pilot light of a
                                                     flare are absent--
                                                     PR. \d\
Scrubber for halogenated      a. pH of scrubber     1. Continuous
 batch front-end process       effluent, and.        records as
 vents or aggregate batch                            specified in Sec.
 vent streams (Note:                                 63.491(e)(1). \b\
 Controlled by a combustion                         2. Record and report
 device other than a flare).                         the average pH of
                                                     the scrubber
                                                     effluent measured
                                                     during the
                                                     performance test--
                                                     NCS. \c\
                                                    3. Record the batch
                                                     cycle daily average
                                                     pH of the scrubber
                                                     effluent as
                                                     specified in Sec.
                                                     63.491(e)(2).

[[Page 720]]

 
                                                    4. Report all batch
                                                     cycle daily average
                                                     pH values of the
                                                     scrubber effluent
                                                     that are below the
                                                     minimum operating
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when insufficient
                                                     monitoring data are
                                                     collected--PR.
                                                     \d,e\
                              b. Scrubber liquid    1. Records as
                               and gas flow rates    specified in Sec.
                               (Sec.                63.491(e)(1). \b\
                               63.489(b)(4)(ii)).   2. Record and report
                                                     the scrubber liquid/
                                                     gas ratio averaged
                                                     over the full
                                                     period of the
                                                     performance test--
                                                     NCS. \c\
                                                    3. Record the batch
                                                     cycle daily average
                                                     scrubber liquid/gas
                                                     ratio as specified
                                                     in Sec.
                                                     63.491(e)(2).
                                                    4. Report all batch
                                                     cycle daily average
                                                     scrubber liquid/gas
                                                     ratios that are
                                                     below the minimum
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when insufficient
                                                     monitoring data are
                                                     collected--PR.
                                                     \d,e\
Absorber \f\................  a. Exit temperature   1. Continuous
                               of the absorbing      records as
                               liquid, and           specified in Sec.
                                                     63.491(e)(1). \b\
                                                    2. Record and report
                                                     the average exit
                                                     temperature of the
                                                     absorbing liquid
                                                     measured during the
                                                     performance test--
                                                     NCS. \c\
                                                    3. Record the batch
                                                     cycle daily average
                                                     exit temperature of
                                                     the absorbing
                                                     liquid as specified
                                                     in Sec.
                                                     63.491(e)(2) for
                                                     each batch cycle.
                                                    4. Report all the
                                                     batch cycle daily
                                                     average exit
                                                     temperatures of the
                                                     absorbing liquid
                                                     that are above the
                                                     maximum operating
                                                     temperature
                                                     established in the
                                                     NCS or operating
                                                     permit and all
                                                     instances when
                                                     monitoring data are
                                                     not collected--PR.
                                                     \d,e\
                              b. Exit specific      1. Continuous
                               gravity of the        records as
                               absorbing liquid.     specified in Sec.
                                                     63.491(e)(1). \b\
                                                    2. Record and report
                                                     the average exit
                                                     specific gravity
                                                     measured during the
                                                     performance test--
                                                     NCS.
                                                    3. Record the batch
                                                     cycle daily average
                                                     exit specific
                                                     gravity as
                                                     specified in Sec.
                                                     63.491(e)(2).
                                                    4. Report all batch
                                                     cycle daily average
                                                     exit specific
                                                     gravity values that
                                                     are below the
                                                     minimum operating
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when monitoring
                                                     data are not
                                                     collected--PR.
                                                     \d,e\
Condenser \f\...............  Exit (product side)   1. Continuous
                               temperature.          records as
                                                     specified in Sec.
                                                     63.491(e)(1) \b\
                                                    2. Record and report
                                                     the average exit
                                                     temperature
                                                     measured during the
                                                     performance test--
                                                     NCS.
                                                    3. Record the batch
                                                     cycle daily average
                                                     exit temperature as
                                                     specified in Sec.
                                                     63.491(e)(2).
                                                    4. Report all batch
                                                     cycle daily average
                                                     exit temperatures
                                                     that are above the
                                                     maximum operating
                                                     value established
                                                     in the NCS or
                                                     operating permit
                                                     and all instances
                                                     when monitoring
                                                     data are not
                                                     collected--PR.
                                                     \d,e\
Carbon adsorber \f\.........  a. Total              1. Record of total
                               regeneration steam    regeneration steam
                               flow or nitrogen      flow or nitrogen
                               flow, or pressure     flow, or pressure
                               gauge or absolute)    for each carbon bed
                               during carbon bed     regeneration cycle.
                               regeneration
                               cycle(s), and

[[Page 721]]

 
                                                    2. Record and report
                                                     the total
                                                     regeneration steam
                                                     flow or nitrogen
                                                     flow, or pressure
                                                     during each carbon
                                                     bed regeneration
                                                     cycle during the
                                                     performance test--
                                                     NCS. \c\
                                                    3. Report all carbon
                                                     bed regeneration
                                                     cycles when the
                                                     total regeneration
                                                     steam flow or
                                                     nitrogen flow, or
                                                     pressure is above
                                                     the maximum value
                                                     established in the
                                                     NCS or operating
                                                     permit--PR. \d,e\
                              b. Temperature of     1. Record the
                               the carbon bed        temperature of the
                               after regeneration    carbon bed after
                               and within 15         each regeneration
                               minutes of            and within 15
                               completing any        minutes of
                               cooling cycle(s).     completing any
                                                     cooling cycle(s).
                                                    2. Record and report
                                                     the temperature of
                                                     the carbon bed
                                                     after each
                                                     regeneration and
                                                     within 15 minutes
                                                     of completing any
                                                     cooling cycle(s)
                                                     measured during the
                                                     performance test--
                                                     NCS. \c\
                                                    3. Report all carbon
                                                     bed regeneration
                                                     cycles when the
                                                     temperature of the
                                                     carbon bed after
                                                     regeneration, or
                                                     within 15 minutes
                                                     of completing any
                                                     cooling cycle(s),
                                                     is above the
                                                     maximum value
                                                     established in the
                                                     NCS or operating
                                                     permit--PR. \d,e\
All control devices.........  a. Diversion to the   1. Hourly records of
                               atmosphere from the   whether the flow
                               control device or     indicator was
                                                     operating during
                                                     batch emission
                                                     episodes selected
                                                     for control and
                                                     whether a diversion
                                                     was detected at any
                                                     time during the
                                                     hour, as specified
                                                     in Sec.
                                                     63.491(e)(3).
                                                    2. Record and report
                                                     the times of all
                                                     periods during
                                                     batch emission
                                                     episodes selected
                                                     for control when
                                                     emissions are
                                                     diverted through a
                                                     bypass line, or the
                                                     flow indicator is
                                                     not operating--PR.
                                                     \d\
                              b. Monthly            1. Records that
                               inspections of        monthly inspections
                               sealed valves.        were performed as
                                                     specified in Sec.
                                                     63.491(e)(4)(i).
                                                    2. Record and report
                                                     all monthly
                                                     inspections that
                                                     show that valves
                                                     are in the
                                                     diverting position
                                                     or that a seal has
                                                     been broken--PR.
                                                     \d\
Absorber, condenser, and      Concentration level   1. Continuous
 carbon adsorber (as an        or reading            records as
 alternative to the above).    indicated by an       specified in Sec.
                               organic monitoring    63.491(e)(1). \b\
                               device at the        2. Record and report
                               outlet of the         and average batch
                               recovery device.      vent concentration
                                                     level or reading
                                                     measured during the
                                                     performance test--
                                                     NCS.
                                                    3. Record the batch
                                                     cycle daily average
                                                     concentration level
                                                     or reading as
                                                     specified in Sec.
                                                     63.491(e)(2).
                                                    4. Report all batch
                                                     cycle daily average
                                                     concentration
                                                     levels or readings
                                                     that are above the
                                                     maximum values
                                                     established in the
                                                     NCS or operating
                                                     permit and all
                                                     instances when
                                                     monitoring data are
                                                     not collected--PR.
                                                     \d,e\
------------------------------------------------------------------------
\a\ Monitor may be installed in the firebox or in the duct work
  immediately downstream of the firebox before any substantial heat
  exchange is encountered.
\b\ ``Continuous records'' is defined in Sec.  63.111.
\c\ NCS = Notification of Compliance Status described in Sec.
  63.506(e)(5).
\d\ PR = Periodic Reports described in Sec.  63.506(e)(6).
\e\ The periodic reports shall include the duration of periods when
  monitoring data are not collected as specified in Sec.
  63.506(e)(6)(iii)(C).
\f\ Alternatively, these devices may comply with the organic monitoring
  device provisions listed at the end of this table.


[66 FR 36928, July 16, 2001]

[[Page 722]]



  Sec. Table 7 to Subpart U of Part 63--Operating Parameters for Which 

  Monitoring Levels Are Required To Be Established for Continuous and 

     Batch Front-End Process Vents and Aggregate Batch Vent Streams

------------------------------------------------------------------------
                                                         Established
   Control/recovery device      Parameters to be          operating
                                    monitored           parameter(s)
------------------------------------------------------------------------
Thermal incinerator.........  Firebox temperature.  Minimum temperature.
Catalytic incinerator.......  Temperature upstream  Minimum upstream
                               and downstream of     temperature; and
                               the catalyst bed.     minimum temperature
                                                     difference across
                                                     the catalyst bed.
Boiler or process heater....  Firebox temperature.  Minimum temperature.
Scrubber for halogenated      pH of scrubber        Minimum pH; and
 vents.                        effluent; and         minimum liquid/gas
                               scrubber liquid and   ratio.
                               gas flow rates.
                              [Sec.
                               63.489(b)(4)(ii)].
Absorber....................  Exit temperature of   Maximum temperature;
                               the absorbing         and maximum
                               liquid; and exit      specific gravity.
                               specific gravity of
                               the absorbing
                               liquid.
Condenser...................  Exit temperature....  Maximum temperature.
Carbon adsorber.............  Total regeneration    Maximum flow or
                               steam flow or         pressure; and
                               nitrogen flow, or     maximum
                               pressure (gauge or    temperature.
                               absolute) \a\
                               during carbon bed
                               regeneration cycle;
                               and temperature of
                               the carbon bed
                               after regeneration
                               (and within 15
                               minutes of
                               completing any
                               cooling cycle(s)).
Other devices (or as an       HAP concentration     Maximum HAP
 alternate to the above) \b\.  level or reading at   concentration or
                               outlet of device.     reading.
------------------------------------------------------------------------
\a\ 25 to 50 mm (absolute) is a common pressure level obtained by
  pressure swing absorbers.
\b\ Concentration is measured instead of an operating parameter.


[65 FR 38093, June 19, 2000]



Sec. Table 8 to Subpart U of Part 63--Summary of Compliance Alternative 

            Requirements for the Back-End Process Provisions

------------------------------------------------------------------------
                                 Parameter to be
   Compliance alternative           monitored           Requirements
------------------------------------------------------------------------
Compliance Using Stripping    Residual organic HAP  (1) If a stripper
 Technology, Demonstrated      content in each       operated in batch
 through Periodic Sampling     sample of crumb or    mode is used, at
 [Sec.  63.495(b)].           latex.                least one
                                                     representative
                                                     sample is to be
                                                     taken from every
                                                     batch.
                                                    (2) If a stripper
                                                     operated in
                                                     continuous mode is
                                                     used, at least one
                                                     representative
                                                     sample is to be
                                                     taken each
                                                     operating day.
                              Quantity of Material  (1) Acceptable
                               (weight of latex or   methods of
                               dry crumb rubber)     determining this
                               represented by each   quantity are
                               sample.               production records,
                                                     measurement of
                                                     stream
                                                     characteristics,
                                                     and engineering
                                                     calculations.
Compliance Using Stripping    At a minimum,         (1) Establish
 Technology, Demonstrated      temperature,          stripper operating
 through Stripper Parameter    pressure, steaming    parameter levels
 Monitoring [Sec.             rates (for steam      for each grade in
 63.495(c)].                   strippers), and       accordance with
                               some parameter that   Sec.  63.505(e).
                               is indicative of     (2) Continuously
                               residence time.       monitor stripper
                                                     operating
                                                     parameters.
                                                    (3) If hourly
                                                     average parameters
                                                     are outside of the
                                                     established
                                                     operating parameter
                                                     levels, a crumb or
                                                     latex sample shall
                                                     be taken in
                                                     accordance with
                                                     Sec.
                                                     63.495(c)(3)(ii).
Determining Compliance Using  Parameters to be      Comply with
 Control or Recovery Devices   monitored are         requirements listed
 [Sec.  63.496].              described in Table    in Table 3 of
                               3 of subpart G of     subpart G of this
                               this part.            part, except for
                                                     the requirements
                                                     for halogenated
                                                     vent stream
                                                     scrubbers.
------------------------------------------------------------------------


[65 FR 38093, June 19, 2000]



 Sec. Table 9 to Subpart U of Part 63--Routine Reports Required by This 

                                 Subpart

------------------------------------------------------------------------
                                 Description of
          Reference                  report               Due Date
------------------------------------------------------------------------
Sec.  63.506(b) and subpart  Refer to Sec.        Refer to subpart A.
 A.                            63.506(b), Table 1
                               of this subpart,
                               and to subpart A.

[[Page 723]]

 
Sec.  63.506(e)(3).........  Precompliance Report  1. Existing affected
                               \a\.                  sources: December
                                                     19, 2000.
                                                    2. New affected
                                                     sources: with the
                                                     application for
                                                     approval of
                                                     construction or
                                                     reconstruction.
Sec.  63.506(e)(4).........  Emissions Averaging   September 19, 2000.
                               Plan.
Sec.  63.506(e)(4)(iv).....  Updates to Emissions  120 days prior to
                               Averaging Plan.       making the change
                                                     necessitating the
                                                     update.
Sec.  63.506(e)(5).........  Notification of       Within 150 days
                               Compliance Status     after the
                               \b\.                  compliance date.
Sec.  63.506(e)(6).........  Periodic reports....  Semiannually, no
                                                     later than 60 days
                                                     after the end of
                                                     each 6-month
                                                     period. See Sec.
                                                     63.506(e)(6)(i) for
                                                     the due date for
                                                     this report.
Sec.  63.506(e)(6)(xi).....  Quarterly for         No later than 60
                               reports Emissions     days after the end
                               Averaging.            of each quarter.
                                                     First report is due
                                                     with the
                                                     Notification of
                                                     Compliance Status.
Sec.  63.506(e)(6)(xii)....  Quarterly reports     No later than 60
                               upon request of the   days after the end
                               Administrator.        of each quarter.
Sec.  63.506(e)(7)(i)......  Storage Vessels       At least 30 days
                               Notification of       prior to the
                               Inspection.           refilling of each
                                                     storage vessel or
                                                     the inspection of
                                                     each storage
                                                     vessel.
Sec.  63.506(e)(7)(ii).....  Requests for          Initial submittal is
                               Approval of a         due with the
                               Nominal Control       Emissions Averaging
                               Efficiency for Use    Plan; later
                               in Emissions          submittals are made
                               Averaging.            at the discretion
                                                     of the owner or
                                                     operator as
                                                     specified in Sec.
                                                     63.506(e)(7)(ii)(B)
                                                     .
Sec.  63.506(e)(7)(iii)....  Notification of       For notification
                               Change in the         under Sec.
                               Primary Product.      63.480(f)(3)(ii)--n
                                                     otification
                                                     submittal date at
                                                     the discretion of
                                                     the owner or
                                                     operator. \c\
                                                    For notification
                                                     under Sec.
                                                     63.480(f)(4)(ii)--w
                                                     ithin 6 months of
                                                     making the
                                                     determination.
------------------------------------------------------------------------
\a\ There may be two versions of this report due at different times; one
  for equipment subject to Sec.  63.502 and one for other emission
  points subject to this subpart.
\b\ There will be two versions of this report due at different times;
  one for equipment subject to Sec.  63.502 and one for other emission
  points subject to this subpart.
\c\ Note that the EPPU remains subject to this subpart until the
  notification under Sec.  63.480(f)(3)(i) is made.


[66 FR 36928, July 16, 2001]

Subpart V [Reserved]



 Subpart W_National Emission Standards for Hazardous Air Pollutants for 

       Epoxy Resins Production and Non-Nylon Polyamides Production

    Source: 60 FR 12676, Mar. 8, 1995, unless otherwise noted.



Sec. 63.520  Applicability and designation of sources.

    The provisions of this subpart apply to all existing, new, and 
reconstructed manufacturers of basic liquid epoxy resins (BLR) and 
manufacturers of wet strength resins (WSR) that are located at a plant 
site that is a major source, as defined in section 112(a) of the Clean 
Air Act. Research and development facilities, as defined in Sec. 
63.522, are exempt from the provisions of this subpart. The affected 
source is also defined in Sec. 63.522. If a change occurs to an 
existing source that does not constitute reconstruction then the 
additions have to meet the existing source requirements of the MACT 
standards. Any reconstruction of an existing source, or construction of 
a new source, must meet the new source standard. Affected sources are 
also subject to certain requirements of subpart A of this part, as 
specified in Table 1 of this subpart.



Sec. 63.521  Compliance schedule.

    (a) Owners or operators of existing affected BLR and WSR sources 
shall comply with the applicable provisions of this subpart within 3 
years of the promulgation date.
    (b) New and reconstructed sources subject to this subpart shall be 
in compliance with the applicable provisions of this subpart upon 
startup.

[[Page 724]]



Sec. 63.522  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section as follows:
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency, or any official designee of the Administrator.
    Affected source means all HAP emission points within a facility that 
are related to the production of BLR or WSR, including process vents, 
storage tanks, wastewater systems, and equipment leaks.
    Basic liquid epoxy resins (BLR) means resins made by reacting 
epichlorohydrin and bisphenol A to form diglycidyl ether of bisphenol-A 
(DGEBPA).
    Batch emission episode means a discrete venting episode that may be 
associated with a single unit operation. For example, a displacement of 
vapor resulting from the charging of a vessel with HAP will result in a 
discrete emission episode that will last through the duration of the 
charge and will have an average flow rate equal to the rate of the 
charge. If the vessel is then heated, there will also be another 
discrete emission episode resulting from the expulsion of expanded 
vessel vapor space. Both emission episodes may occur in the same vessel 
or unit operation. There are possibly other emission episodes that may 
occur from the vessel or other process equipment, depending on process 
operations.
    Batch process refers to a discontinuous process involving the bulk 
movement of material through sequential manufacturing steps. Mass, 
temperature, concentration, and other properties of a system vary with 
time. Addition of raw material and withdrawal of product do not 
typically occur simultaneously in a batch process.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow-inducing devices that transport gas or vapor from an emission point 
to a control device or back into the process.
    Continuous process means a process where the inputs and outputs flow 
continuously throughout the duration of the process. Continuous 
processes are typically steady-state.
    Drain system means the system used to convey wastewater streams from 
a process unit, product storage tank, or feed storage tank to a waste 
management unit. The term includes all process drains and junction 
boxes, together with their associated sewer lines and other junction 
boxes, manholes, sumps, and lift stations, down to the receiving waste 
management unit. A segregated stormwater sewer system, which is a drain 
and collection system designed and operated for the sole purpose of 
collecting rainfall-runoff at a facility, and which is segregated from 
all other drain systems, is excluded from this definition.
    Equipment leaks means emissions of hazardous air pollutants from a 
connector, pump, compressor, agitator, pressure relief device, sampling 
connection system, open-ended valve or line, or instrumentation system 
in organic hazardous air pollutant service.
    Process vent means a point of emission from a unit operation. 
Typical process vents include condenser vents, vacuum pumps, steam 
ejectors, and atmospheric vents from reactors and other process vessels.
    Production-based emission rate means a ratio of the amount of HAP 
emitted to the amount of BLR or WSR produced.
    Research and development facility means laboratory operations whose 
primary purpose is to conduct research and development into new 
processes and products, where the operations are under the close 
supervision of technically trained personnel, and is not engaged in the 
manufacture of products for commercial sale, except in a de minimis 
manner.
    Storage tank means a tank or other vessel that is used to store 
liquids that contain one or more HAP compounds.
    Unit operation means those processing steps that occur within 
distinct equipment that are used, among other things, to prepare 
reactants, facilitate reactions, separate and purify products, and 
recycle materials. There may be several emission episodes within a 
single unit operation.
    Waste management unit means any component, piece of equipment, 
structure, or transport mechanism used in

[[Page 725]]

storing, treating, or disposing of wastewater streams, or conveying 
wastewater between storage, treatment, or disposal operations.
    Wastewater means aqueous liquid waste streams exiting equipment at 
an affected source.
    Wastewater system means a system made up of a drain system and one 
or more waste management units.
    Wet strength resins (WSR) means polyamide/ epichlorohydrin 
condensates which are used to increase the tensile strength of paper 
products.

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



Sec. 63.523  Standards for basic liquid resins manufacturers.

    (a) Owners or operators of existing affected BLR sources shall 
operate sources such that the rate of emissions of hazardous air 
pollutants from all process vents, storage tanks, and wastewater systems 
combined shall not exceed 130 pounds per 1 million pounds of BLR 
produced.
    (b) Owners or operators of new or reconstructed affected BLR sources 
shall reduce uncontrolled emissions from the sum of uncontrolled process 
vents, storage tanks, and wastewater systems by 98 percent, or limit the 
total emissions from these emission points to 5,000 pounds per year.
    (1) For process vents, uncontrolled emissions are defined as gaseous 
emission streams past the last recovery device.
    (2) For storage tanks, uncontrolled emissions are defined as 
emissions calculated according to the methodology specified in Sec. 
63.150(g)(3).
    (3) For wastewater systems, uncontrolled emissions are the total 
amount of HAP discharged to the drain system.
    (c) Owners or operators of existing, new, or reconstructed affected 
BLR sources shall comply with the requirements of subpart H of this part 
to control emissions from equipment leaks.



Sec. 63.524  Standards for wet strength resins manufacturers.

    (a) Owners or operators of existing affected WSR sources shall 
either:
    (1) Limit the total emissions of hazardous air pollutants from all 
process vents, storage tanks, and wastewater systems to 10 pounds per 1 
million pounds of wet strength resins produced; or
    (2) Comply with the requirements of subpart H of this part to 
control emissions from equipment leaks.
    (b) Owners or operators of new or reconstructed affected WSR sources 
shall either:
    (1) Limit the total emissions of hazardous air pollutants from all 
process vents, storage tanks, and wastewater systems to 7 pounds per 1 
million pounds of wet strength resins produced; or
    (2) Comply with the requirements of subpart H of this part to 
control emissions from equipment leaks.



Sec. 63.525  Compliance and performance testing.

    (a) The owner or operator of any existing affected BLR source shall, 
in order to demonstrate initial compliance with the applicable emission 
limit, determine the emission rate from all process vent, storage tank, 
and wastewater system emission points using the methods described below. 
Compliance tests shall be performed under normal operating conditions.
    (1) The owner or operator shall use the EPA Test Methods from 40 CFR 
part 60, appendix A, listed in paragraphs (a)(1) (i) through (iii) of 
this section, to determine emissions from process vents. Testing of 
process vents on equipment operating as part of a continuous process 
will consist of conducting three 1-hour runs. Gas stream volumetric flow 
rates shall be measured every 15 minutes during each 1-hour run. Organic 
HAP or TOC concentration shall be determined from samples collected in 
an integrated sample over the duration of each 1-hour test run, or from 
grab samples collected simultaneously with the flow rate measurements 
(every 15 minutes). If an integrated sample is collected for laboratory 
analysis, the sampling rate shall be adjusted proportionally to reflect 
variations in flow rate. If the flow of gaseous emissions is 
intermittent, determination of emissions from process vents shall be 
performed according to the methods specified in paragraph (e) of this 
section. For process vents

[[Page 726]]

with continuous gas streams, the emission rate used to determine 
compliance shall be the average emission rate of the 3 test runs. For 
process vents with intermittent emission streams, the calculated 
emission rate or the emission rate from a single test run may be used to 
determine compliance.
    (i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites if the flow measuring 
device is a pitot tube. A traverse shall be conducted before and after 
each 1-hour sampling period. No traverse is necessary when using Method 
2A or 2D to determine flow rate.
    (ii) Method 2, 2A, 2C or 2D of 40 CFR part 60, appendix A, as 
appropriate, shall be used for the determination of gas stream 
volumetric flow rate. If Method 2 or 2C is used, the velocity 
measurements shall be made at a single point, in conjunction with the 
traverse, to establish an average velocity across the stack.
    (iii) Method 25A and/or Methods 18 and 25A of 40 CFR part 60, 
appendix A, as appropriate, shall be used to determine the concentration 
of HAP in the streams.
    (iv) Initial determination of de minimis status for process vents 
may be made by engineering assessment, as specified in Sec. 
63.526(a)(1)(iv).
    (2) Emissions from wastewater treatment systems shall be determined 
in accordance with the methods described in 40 CFR part 63, appendix C.
    (3) Emissions from storage tanks shall be calculated in accordance 
with the methods specified in Sec. 63.150(g)(3).
    (b) The owner or operator of any existing affected BLR source shall 
determine a production-based emission rate for each emission point by 
dividing the emission rate of each emission point by the BLR production 
rate of the source. The production rate shall be based on normal 
operations.
    (1) The production-based emission rate for process vents shall be 
calculated by dividing the average emission rate the average production 
rate.
    (2) The production-based emission rate for storage tanks shall be 
calculated by dividing annual emissions for each storage tank emission 
point by the production rate for a one-year period. The production rate 
shall be calculated using the same data used to calculate the 
production-based emission rate in paragraph (b)(1) of this section, 
converted to an annual rate.
    (3) The production-based emission rate for wastewater systems shall 
be calculated by dividing annual emissions for each wastewater system 
emission point by the production rate for one-year period. The 
production rate shall be calculated using the same data used to 
calculate the production-based emission rate in paragraph (b)(1) of this 
section, converted to an annual rate.
    (c) The owner or operator of an existing affected BLR source shall 
calculate the total emissions per product produced by summing the 
production-based emissions for all process vent, storage tank, and 
wastewater system emission points according to the following equation:

E=[Sigma] PV+[Sigma] ST+[Sigma] WW

where:

E=emissions, pounds (lb) HAP per million (MM) lb product;
PV=process vent emissions, lb HAP/MM lb product;
ST=storage tank emissions, lb HAP/MM lb product; and
WW=wastewater system emissions, lb HAP/MM lb product.

    The source is in compliance with the standard for process vents, 
storage tanks, and wastewater systems if the sum of the equation is less 
than the applicable emission limit from Sec. 63.523(a).
    (d) The owner or operator of any new or reconstructed affected BLR 
source shall demonstrate compliance using the methods described in this 
section.
    (1) Any owner or operator who elects to comply with Sec. 63.523(b) 
by achieving 98 percent control of emissions from process vents, storage 
tanks, and wastewater systems shall demonstrate compliance according to 
the requirements of paragraphs (d)(1) (i) through (iv) of this section.
    (i) The owner or operator shall perform testing as specified in 
paragraph (a)(1) of this section to determine controlled and 
uncontrolled emissions from process vents. Sampling points for 
determining uncontrolled emissions shall be located based on the 
definition

[[Page 727]]

of uncontrolled process vents in Sec. 63.523(b)(1).
    (ii) The owner or operator shall calculate controlled and 
uncontrolled emissions from storage tanks in accordance with the methods 
specified in Sec. 63.150(g)(3).
    (iii) The owner or operator shall determine controlled and 
uncontrolled emissions from wastewater systems using the methodology of 
40 CFR part 63, appendix C. Uncontrolled emission calculations shall be 
consistent with the definition of uncontrolled wastewater system 
emissions in Sec. 63.523(b)(3).
    (iv) The owner or operator shall calculate the percent reduction in 
emissions from process vents, storage tanks, and wastewater systems 
combined. The affected source is in compliance if the emission reduction 
is greater than or equal to 98 percent.
    (2) Any owner or operator who elects to comply with Sec. 63.523(b) 
by limiting HAP emissions from process vents, storage tanks, and 
wastewater systems to 5,000 pounds per year or less shall demonstrate 
compliance according to the requirements of paragraphs (d)(2) (i) and 
(ii) of this section.
    (i) Emissions from process vents, storage tanks, and wastewater 
systems shall be determined according to paragraphs (a) (1) through (3) 
of this section. Emissions shall be converted to annual emissions. 
Annual emission calculations shall reflect production levels 
representative of normal operating conditions.
    (ii) The owner or operator shall calculate total emissions from all 
process vent, storage tank, and wastewater system emission points. The 
affected source is in compliance with the standard if total emissions 
are less than or equal to 5,000 lb/yr.
    (e) The owner or operator of any existing, new, or reconstructed WSR 
source that chooses to comply with the emission limit for process vents, 
storage tanks, and wastewater systems shall demonstrate initial 
compliance by determining emissions for all process vent, storage tank, 
and wastewater systems emission points using the methods described in 
this section.
    (1) Emissions of HAP reactor process vents shall be calculated for 
each batch emission episode according to the methodologies described in 
paragraph (e)(1) of this section.
    (i) Emissions from vapor displacement due to transfer of material 
into or out of the reactor shall be calculated according to the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR08MR95.002

where:

E=mass emission rate;
yi=saturated mole fraction of HAP in the vapor phase;
V=volume of gas displaced from the vessel;
R=ideal gas law constant;
T=temperature of the vessel vapor space; absolute;
PT=pressure of the vessel vapor space; and
MW=molecular weight of the HAP.

    (ii) Emissions from reactor purging shall be calculated using the 
methodology described in paragraph (e)(1)(i) of this section, except 
that for purge flow rates greater than 100 standard cubic feet per 
minute (scfm), the mole fraction of HAP will be assumed to be 25 percent 
of the saturated value.
    (iii) Emissions caused by heating of the reactor vessel shall be 
calculated according to the following methodology:
[GRAPHIC] [TIFF OMITTED] TR08MR95.003

where:

E=mass of HAP vapor displaced from the vessel being heated up;
(Pi)Tn=partial pressure of each HAP in the vessel 
          headspace at initial (n=1) and final (n=2) temperature;
Pa1=initial gas pressure in the vessel;

[[Page 728]]

Pa2=final gas pressure; and
MWHAP=the average molecular weight of HAP present in the 
          vessel.

    The moles of gas displaced is represented by:
    [GRAPHIC] [TIFF OMITTED] TR08MR95.004
    
where:

[Delta][eta]=number of lb-moles of gas displaced;
V=volume of free space in the vessel;
R=ideal gas law constant;
Pa1=initial gas pressure in the vessel;
Pa2=final gas pressure;
T1=initial temperature of vessel; and
T2=final temperature of vessel.

    The initial pressure of the noncondensable gas in the vessel shall 
be calculated according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR08MR95.005

where:

Pa1=initial partial pressure of gas in the vessel headspace;
Patm=atmospheric pressure; and
(Pic)T1=initial partial pressure of each 
          condensable volatile organic compound (including HAP) in the 
          vessel headspace, at the initial temperature (T1).

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

where n is the number of different HAP compounds in the emission stream.

    (2) Emissions of HAP from process vents may be measured directly. 
The EPA Test Methods listed in paragraph (e)(2) (i) through (iii) of 
this section, from 40 CFR part 60, appendix A, shall be used to 
demonstrate compliance with the requirements of Sec. 63.524 by direct 
measurement. Testing shall be performed for every batch emission episode 
of the unit operation. Gas stream volumetric flow rates shall be 
measured at 15-minute intervals, or at least once during each batch 
emission episode. Organic HAP or TOC concentration shall be determined 
from samples collected in an integrated sample over the duration of each 
episode, or from grab samples collected simultaneously with the flow 
rate measurements (every 15 minutes). If an integrated sample is 
collected for laboratory analysis, the sampling rate shall be adjusted 
proportionally to reflect variations in flow rate. Test conditions shall 
represent the normal operating conditions under which the data used to 
calculate the production rate are taken.
    (i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites if the flow measuring 
device is a pitot tube. A traverse shall be conducted before and after 
each sampling period. No traverse is necessary when using Method 2A or 
2D.
    (ii) Method 2,2A, 2C or 2D of 40 CFR part 60, appendix A, as 
appropriate, shall be used for the determination of gas stream 
volumetric flow rate. If Method 2 or 2C is used, the velocity 
measurements shall be made at a single point than can be used, in 
conjunction with the traverse, to establish an average velocity across 
the stack.
    (iii) Method 25A and/or Methods 18 and 25A of 40 CFR part 60, 
appendix A, as appropriate, shall be used to determine the concentration 
of HAP in the streams.
    (iv) The owner or operator may choose to perform tests only during 
those periods of the episode in which the emission rate for the entire 
episode can be determined, or when the emissions are greater than the 
average emission rate of the episode. The owner or operator who chooses 
either of these options must develop an emission profile for the entire 
batch emission episode, based on either process knowledge or test data 
collected, to demonstrate that test periods are representative. Examples 
of information that could constitute process knowledge include 
calculations based on material balances, and process stoichiometry. 
Previous test results may be used provided the results are still 
relevant to the current process vent stream conditions.

[[Page 729]]

    (v) For batch emission episodes of duration greater than 8 hours, 
the owner or operator is required to perform a maximum of 8 hours of 
testing. The test period must include the period of time in which the 
emission rate is predicted by the emission profile to be greater than 
average emission rate for the batch emission episode.
    (f) The owner or operator of any affected WSR source that chooses to 
comply with the emissions limit for process vents, storage tanks, and 
wastewater systems shall calculate emissions from storage tanks in 
accordance with the methods specified in Sec. 63.150(g)(3).
    (g) The owner or operator of any affected WSR source that chooses to 
comply with the emission limit for process vents, storage tanks, and 
wastewater systems shall calculate emissions from wastewater treatment 
systems (if applicable) in accordance with the methods described in 40 
CFR part 63, appendix C.
    (h) The owner or operator of any affected WSR source that chooses to 
comply with the emission limit for process vents, storage tanks, and 
wastewater systems shall calculate the average amount of WSR product 
manufactured per batch, using data from performance tests or from 
emission calculations, as applicable, to determine the average WSR 
production per-batch production data for an annual period representing 
normal operating conditions.
    (1) The owner or operator shall calculate an average emission rate 
per batch as the average of the results from the performance tests or 
calculations. The production-based emission rate shall be calculated by 
dividing the emissions per batch by the average production per batch.
    (2) Compliance shall be determined according to the methodology 
described in paragraph (c) of this section. The source is in compliance 
with the standard for process vents, storage tanks, and wastewater 
systems if the sum of the equation in paragraph (c) of this section is 
less than the applicable emission limit from Sec. 63.524.
    (i) The owner or operator of any affected BLR source or any affected 
WSR source that chooses to comply with the requirements of subpart H of 
this part must demonstrate the ability of its specific program to meet 
the compliance requirements therein to achieve initial compliance.



Sec. 63.526  Monitoring requirements.

    (a) The owner or operator of any existing, new, or reconstructed 
affected BLR source shall provide evidence of continued compliance with 
the standard. During the initial compliance demonstration, maximum or 
minimum operating parameters, as appropriate, shall be established for 
processes and control devices that will indicate the source is in 
compliance. If the operating parameter to be established is a maximum, 
the value of the parameter shall be the average of the maximum values 
from each of the three test runs. If the operating parameter to be 
established is a minimum, the value of the parameter shall be the 
average of the minimum values from each of the three test runs. 
Parameter values for process vents with intermittent emission streams 
shall be determined as specified in paragraph (b)(1) of this section. 
The owner or operator shall operate processes and control devices within 
these parameters to ensure continued compliance with the standard. A de 
minimis level is specified in paragraph (a)(1) of this section. 
Monitoring parameters are specified for various process vent control 
scenarios in paragraphs (a) (2) through (6) of this section.
    (1) For affected BLR sources, uncontrolled emission points emitting 
less than one pound per year of HAP are not subject to the monitoring 
requirements of paragraphs (a) (2) through (6) of this section. The 
owner or operator shall use the methods specified in Sec. 63.525(a), as 
applicable, or as specified in paragraph (a)(1)(i) of this section, to 
demonstrate which emission points satisfy the de minimis criteria, to 
the satisfaction of the Administrator.
    (i) For the purpose of determining de minimis status for emission 
points, engineering assessment may be used to determine process vent 
stream flow rate and/or concentration for the representative operating 
conditions expected to yield the highest flow rate

[[Page 730]]

and concentration. Engineering assessment includes, but is not limited 
to, the following:
    (A) Previous test results provided the tests are representative of 
current operating practices at the process unit.
    (B) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (C) Maximum flow rate, HAP emission rate, concentration, or other 
relevant parameter specified or implied within a permit limit applicable 
to the process vent.
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances based on process stoichiometry to 
estimate maximum organic HAP concentrations,
    (2) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities,
    (3) Estimation of HAP concentrations based on saturation conditions.
    (ii) All data, assumptions, and procedures used in the engineering 
assessment shall be documented in accordance with Sec. 63.527(c).
    (2) For affected sources using water scrubbers, the owner or 
operator shall establish a minimum scrubber water flow rate as a site-
specific operating parameter which must be measured and recorded every 
15 minutes. The affected source will be considered to be out of 
compliance if the scrubber water flow rate, averaged over any continuous 
24-hour period, is below the minimum value established during the 
initial compliance demonstration.
    (3) For affected sources using condensers, the owner or operator 
shall establish the maximum condenser outlet gas temperature as a site-
specific operating parameter which must be measured and recorded every 
15 minutes. The affected source will be considered to be out of 
compliance if the condenser outlet gas temperature, averaged over any 
continuous 24-hour period, is greater than the maximum value established 
during the initial compliance demonstration.
    (4) For affected sources using carbon adsorbers or having 
uncontrolled process vents, the owner or operator shall establish a 
maximum outlet HAP concentration as the site-specific operating 
parameter which must be measured and recorded every 15 minutes. The 
affected source will be considered to be out of compliance if the outlet 
HAP concentration, averaged over any continuous 24-hour period, is 
greater than the maximum value established during the initial compliance 
demonstration.
    (5) For affected sources using flares, the presence of the pilot 
flame shall be monitored every 15 minutes. The affected source will be 
considered to be out of compliance upon loss of pilot flame.
    (6) Wastewater system parameters to be monitored are the parameters 
specified under 40 CFR part 414, subpart E. The affected source will be 
considered to be out of compliance with this subpart W if it is found to 
be out of compliance with 40 CFR part 414, subpart E.
    (b) The owner or operator of any existing, new, or reconstructed 
affected WSR source that chooses to comply with the emission limit for 
process vents, storage tanks, and wastewater systems shall provide 
evidence of continued compliance with the standard. As part of the 
initial compliance demonstrations for batch process vents, test data or 
compliance calculations shall be used to establish a maximum or minimum 
level of a relevant operating parameter for each unit operation. The 
parameter value for each unit operation shall represent the worst case 
value of the operating parameter from all episodes in the unit 
operation. The owner or operator shall operate processes and control 
devices within these parameters to ensure continued compliance with the 
standard.
    (1) For batch process vents, the level shall be established in 
accordance with paragraphs (b)(1) (i) through (iv) of this section if 
compliance testing is performed.
    (i) If testing is used to demonstrate initial compliance, the 
appropriate parameter shall be monitored during all batch emission 
episodes in the unit operation.

[[Page 731]]

    (ii) An average monitored parameter value shall be determined for 
each of the batch emission episodes in the unit operation.
    (iii) If the level to be established for the unit operation is a 
maximum operating parameter, the level shall be defined as the minimum 
of the average parameter values determined in paragraph (b)(1)(ii) of 
this section.
    (iv) If the level to be established for the unit operation is a 
minimum operating parameter, the level shall be defined as the maximum 
of the average parameter values determined in paragraph (b)(1)(ii) of 
this section.
    (2) Affected sources with condensers on process vents shall 
establish the maximum condenser outlet gas temperature as a site-
specific operating parameter, which must be measured every 15 minutes, 
or at least once for batch emission episodes less than 15 minutes in 
duration. The affected source will be considered to be out of compliance 
if the maximum condenser outlet gas temperature, averaged over the 
duration of the batch emission episode or unit operation, is greater 
than the value established during the initial compliance demonstration.
    (3) For affected sources using water scrubbers, the owner or 
operator shall establish a minimum scrubber water flow rate as a site-
specific operating parameter which must be measured and recorded every 
15 minutes, or at least once for batch emission episodes less than 15 
minutes in duration. The affected source will be considered to be out of 
compliance if the scrubber water flow rate, averaged over the duration 
of the batch emission episode or unit operation, is below the minimum 
flow rate established during the initial compliance demonstration.
    (4) For affected sources using carbon adsorbers or having 
uncontrolled process vents, the owner or operator shall establish a 
maximum outlet HAP concentration as the site-specific operating 
parameter which must be measured and recorded every 15 minutes, or at 
least once for batch emission episodes of duration shorter than 15 
minutes. The affected source will be considered to be out of compliance 
if the outlet HAP concentration, averaged over the duration of the batch 
emission episode or unit operation, is greater than the value 
established during the initial compliance demonstration.
    (5) For affected sources using flares, the presence of the pilot 
flame shall be monitored every 15 minutes, or at least once for batch 
emission episodes less than 15 minutes in duration. The affected source 
will be considered to be out of compliance upon loss of pilot flame.
    (6) Wastewater system parameters to be monitored are the parameters 
specified by 40 CFR part 414, subpart E. The affected source will be 
considered to be out of compliance with this subpart W if it is found to 
be out of compliance with 40 CFR part 414, subpart E.
    (c) Periods of time when monitoring measurements exceed the 
parameter values do not constitute a violation if they occur during a 
startup, shutdown, or malfunction, and the facility is operated in 
accordance with Sec. 63.6(e)(1).
    (d) The owner or operator of any affected WSR source that chooses to 
comply with the requirements of subpart H of this part shall meet the 
monitoring requirements of subpart H of this part.

[60 FR 12676, Mar. 8, 1995, as amended at 71 FR 20457, Apr. 20, 2006]



Sec. 63.527  Recordkeeping requirements.

    (a) The owner or operator of any affected BLR source shall keep 
records of daily average values of equipment operating parameters 
specified to be monitored under Sec. 63.526(a) or specified by the 
Administrator. Records shall be kept in accordance with the requirements 
of applicable paragraphs of Sec. 63.10 of subpart A of this part, as 
specified in the General Provisions applicability table of this subpart. 
The owner or operator shall keep records up-to-date and readily 
accessible.
    (1) A daily (24-hour) average shall be calculated as the average of 
all values for a monitored parameter recorded during the operating day. 
The average shall cover a 24-hour period if operation is continuous, or 
the number of hours of operation per operating day if operation is not 
continuous.
    (2) The operating day shall be the period defined in the operating 
permit or the Notification of Compliance Status in Sec. 63.9(h) of 
subpart A of this part. It

[[Page 732]]

may be from midnight to midnight or another continuous 24-hour period.
    (3) In the event of an excursion, the owner or operator must keep 
records of each 15-minute reading during the period in which the 
excursion occurred.
    (b) The owner or operator of any affected WSR source that elects to 
comply with the emission limit for process vents, storage tanks, and 
wastewater systems shall keep records of values of equipment operating 
parameters specified to be monitored under Sec. 63.526(b) or specified 
by the Administrator. The records that shall be kept are the average 
values of operating parameters, determined for the duration of each unit 
operation. Records shall be kept in accordance with the requirements of 
applicable paragraphs of Sec. 63.10 of subpart A of this part, as 
specified in the General Provisions applicability table in this subpart. 
The owner or operator shall keep records up-to-date and readily 
accessible. In the event of an excursion, the owner or operator must 
keep records of each 15-minute reading for the entire unit operation in 
which the excursion occurred.
    (c) The owner or operator of any affected BLR source, as well the 
owner or operator of any affected WSR source that chooses to comply with 
the emission limit for process vents, storage tanks, and wastewater 
systems, who demonstrates that certain process vents are below the de 
minimis cutoff for continuous monitoring specified in Sec. 
63.526(a)(1)(i), shall maintain up-to-date, readily accessible records 
of the following information to document that a HAP emission rate of 
less than one pound per year is maintained:
    (1) The information used to determine de minimis status for each de 
minimis process vent, as specified in Sec. 63.526(a)(1)(i);
    (2) Any process changes as defined in Sec. 63.115(e) of subpart G 
of this part that increase the HAP emission rate;
    (3) Any recalculation or measurement of the HAP emission rate 
pursuant to Sec. 63.115(e) of subpart G of this part; and
    (4) Whether or not the HAP emission rate increases to one pound per 
year or greater as a result of the process change.
    (d) The owner or operator of any affected BLR source, as well as the 
owner or operator of any affected WSR source who elects to implement the 
leak detection and repair program specified in subpart H of this part, 
shall implement the recordkeeping requirements outlined therein. All 
records shall be retained for a period of 5 years, in accordance with 
the requirements of 40 CFR 63.10(b)(1).
    (e) Any excursion from the required monitoring parameter, unless 
otherwise excused, shall be considered a violation of the emission 
standard.



Sec. 63.528  Reporting requirements.

    (a) The owner or operator of any affected BLR source, as well as the 
owner or operator of any affected WSR source that elects to comply with 
the emission limit for process vents, storage tanks, and wastewater 
systems, shall comply with the reporting requirements of applicable 
paragraphs of Sec. 63.10 of subpart A of this part, as specified in the 
General Provisions applicability table in this subpart. The owner or 
operator shall also submit to the Administrator, as part of the 
quarterly excess emissions and continuous monitoring system performance 
report and summary report required by Sec. 63.10(e)(3) of subpart A of 
this part, the following recorded information.
    (1) Reports of monitoring data, including 15-minute monitoring 
values as well as daily average values or per-unit operation average 
values, as applicable, of monitored parameters for all operating days or 
unit operations when the average values were outside the ranges 
established in the Notification of Compliance Status or operating 
permit.
    (2) Reports of the duration of periods when monitoring data is not 
collected for each excursion caused by insufficient monitoring data. An 
excursion means any of the three cases listed in paragraph (a)(2)(i) or 
(a)(2)(ii) of this section. For a control device where multiple 
parameters are monitored, if one or more of the parameters meets the 
excursion criteria in paragraph (a)(2)(i) or (a)(2)(ii) of this section, 
this is considered a single excursion for the control device.

[[Page 733]]

    (i) When the period of control device operation is 4 hours or 
greater in an operating day and monitoring data are insufficient to 
constitute a valid hour of data, as defined in paragraph (a)(2)(iii) of 
this section, for at least 75 percent of the operating hours.
    (ii) When the period of control device operation is less than 4 
hours in an operating day and more than one of the hours during the 
period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (iii) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (a)(2) (i) and (ii) of this section, if 
measured values are unavailable for any of the 15-minute periods within 
the hour.
    (3) Whenever a process change, as defined in Sec. 63.115(e) of 
subpart G of this part, is made that causes the emission rate from a de 
minimis emission point to become a process vent with an emission rate of 
one pound per year or greater, the owner or operator shall submit a 
report within 180 calendar days after the process change. The report may 
be submitted as part of the next summary report required under Sec. 
63.10(e)(3) of subpart A of this part. The report shall include:
    (i) A description of the process change; and
    (ii) The results of the recalculation of the emission rate.
    (b) The owner or operator of any affected BLR source, as well as the 
owner or operator of any affected WSR source who elects to implement the 
leak detection and repair program specified in subpart H of this part, 
shall implement the reporting requirements outlined therein. Copies of 
all reports shall be retained as records for a period of 5 years, in 
accordance with the requirements of 40 CFR 63.10(b)(1).
    (c) The owner or operator of any affected BLR source, as well as the 
owner or operator of any affected WSR source that elects to comply with 
the emission limit for process vents, storage tanks, and wastewater 
systems shall include records of wastewater system monitoring parameters 
in the Notification of Compliance Status and summary reports required by 
subpart A of this part.



Sec. 63.529  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.520, 63.521, 63.523, and 63.524. Where these standards reference 
another rule, the cited provisions in that rule will be delegated 
according to the delegation provisions of that rule.
    (2) Approval of major alternatives to test methods for under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[68 FR 37350, June 23, 2003]

[[Page 734]]



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

                              to Subpart W

----------------------------------------------------------------------------------------------------------------
                                                  Applies to subpart W
                                 ------------------------------------------------------
                                                                       WSR alternative
                                                                        standard, and
            Reference                                                   BLR equipment            Comment
                                         BLR               WSR          leak standard
                                                                      (40 CFR part 63,
                                                                         subpart H)
----------------------------------------------------------------------------------------------------------------
Sec.  63.1(a)(1)...............  Yes.............  Yes.............  Yes.............  Additional terms defined
                                                                                         in Sec.  63.522.
Sec.  63.1(a)(2)...............  Yes.............  Yes.............  Yes.............
Sec.  63.1(a)(3)...............  Yes.............  Yes.............  Yes.............
Sec.  63.1(a)(4)...............  Yes.............  Yes.............  Yes.............  Subpart W specifies
                                                                                         applicability of each
                                                                                         paragraph in subpart A
                                                                                         to subpart W.
Sec.  63.1(a)(5)...............  N/A.............  N/A.............  N/A.............  Reserved.
Sec.  63.1(a)(6)...............  Yes.............  Yes.............  Yes.............
Sec.  63.1(a)(7)...............  Yes.............  Yes.............  Yes.............
Sec.  63.1(a)(8)...............  No..............  No..............  No..............  Discusses State
                                                                                         programs.
Sec.  63.1(a)(9)...............  N/A.............  N/A.............  N/A.............  Reserved.
Sec.  63.1(a)(10)..............  Yes.............  Yes.............  Yes.............
Sec.  63.1(a)(11)..............  Yes.............  Yes.............  Yes.............
Sec.  63.1(a)(12)-(14).........  Yes.............  Yes.............  Yes.............
Sec.  63.1(b)(1)...............  No..............  No..............  No..............  Sec.  63.521 of subpart
                                                                                         W specifies
                                                                                         applicability.
Sec.  63.1(b)(2)...............  Yes.............  Yes.............  Yes.............
Sec.  63.1(b)(3)...............  Yes.............  Yes.............  Yes.............
Sec.  63.1(c)(1)...............  Yes.............  Yes.............  Yes.............  Subpart W specifies
                                                                                         applicability of each
                                                                                         paragraph in subpart A
                                                                                         to sources subject to
                                                                                         subpart W.
Sec.  63.1(c)(2)...............  No..............  No..............  No..............  Area sources are not
                                                                                         subject to subpart W.
Sec.  63.1(c)(3)...............  N/A.............  N/A.............  N/A.............  Reserved.
Sec.  63.1(c)(4)...............  Yes.............  Yes.............  Yes.............
Sec.  63.1(c)(5)...............  Yes.............  Yes.............  No..............  Subpart H specifies
                                                                                         applicable notification
                                                                                         requirements.
Sec.  63.1(d)..................  N/A.............  N/A.............  N/A.............  Reserved.
Sec.  63.1(e)..................  Yes.............  Yes.............  Yes.............
Sec.  63.2.....................  Yes.............  Yes.............  Yes.............  Additional terms are
                                                                                         defined in Sec.
                                                                                         63.522 of subpart W;
                                                                                         when overlap between
                                                                                         subparts A and W
                                                                                         occurs, subpart W takes
                                                                                         precedence.
Sec.  63.3.....................  Yes.............  Yes.............  No..............  Other units used in
                                                                                         subpart W are defined
                                                                                         in that subpart; units
                                                                                         of measure are spelled
                                                                                         out for subpart H.
Sec.  63.4(a)(1)-(3)...........  Yes.............  Yes.............  Yes.............
Sec.  63.4(a)(4)...............  N/A.............  N/A.............  N/A.............  Reserved.
Sec.  63.4(a)(5)...............  Yes.............  Yes.............  Yes.............
Sec.  63.4(b)..................  Yes.............  Yes.............  Yes.............
Sec.  63.4(c)..................  Yes.............  Yes.............  Yes.............
Sec.  63.5(a)..................  Yes.............  Yes.............  Yes.............  Except replace the terms
                                                                                         ``source'' and
                                                                                         ``stationary source''
                                                                                         in Sec.  63.5(a)(1) of
                                                                                         subpart A with
                                                                                         ``affected source''.
Sec.  63.5(b)(1)...............  Yes.............  Yes.............  Yes.............
Sec.  63.5(b)(2)...............  N/A.............  N/A.............  N/A.............  Reserved.
Sec.  63.5(b)(3)...............  Yes.............  Yes.............  Yes.............
Sec.  63.5(b)(4)...............  Yes.............  Yes.............  Yes.............
Sec.  63.5(b)(5)...............  Yes.............  Yes.............  Yes.............
Sec.  63.5(b)(6)...............  Yes.............  Yes.............  Yes.............
Sec.  63.5(c)..................  N/A.............  N/A.............  N/A.............  Reserved.
Sec.  63.5(d)(1)(i)............  Yes.............  Yes.............  Yes.............
Sec.  63.5(d)(1)(ii)...........  Yes.............  Yes.............  Yes.............
Sec.  63.5(d)(1)(iii)..........  Yes.............  Yes.............  Yes.............
Sec.  63.5(d)(2)...............  Yes.............  Yes.............  Yes.............
Sec.  63.5(d)(3)-(4)...........  Yes.............  Yes.............  Yes.............
Sec.  63.5(e)..................  Yes.............  Yes.............  Yes.............
Sec.  63.5(f)(1)...............  Yes.............  Yes.............  Yes.............  Except replace
                                                                                         ``source'' in Sec.
                                                                                         63.5(f)(1) of subpart A
                                                                                         with ``affected
                                                                                         source''.
Sec.  63.5(f)(2)...............  Yes.............  Yes.............  Yes.............
Sec.  63.6(a)..................  Yes.............  Yes.............  Yes.............
Sec.  63.6(b)(1)-(2)...........  No..............  No..............  No..............  Subpart W specifies
                                                                                         compliance dates.
Sec.  63.6(b)(3)-(4)...........  Yes.............  Yes.............  Yes.............
Sec.  63.6(b)(5)...............  ................  Yes.............  No..............  Subpart H includes
                                                                                         notification
                                                                                         requirements.
Sec.  63.6(b)(6)...............  N/A.............  N/A.............  N/A.............  Reserved.

[[Page 735]]

 
Sec.  63.6(b)(7)...............  No..............  Yes.............  No..............  Sources subject to
                                                                                         subpart H must comply
                                                                                         according to the
                                                                                         schedule in Sec.
                                                                                         63.520 of subpart W for
                                                                                         new sources subject to
                                                                                         subpart H.
Sec.  63.6(c)(1)-(2)...........  Yes.............  Yes.............  Yes.............  Except replace
                                                                                         ``source'' in Sec.
                                                                                         63.6(c)(1)-(2) of
                                                                                         subpart A with
                                                                                         ``affected source''.
Sec.  63.6(c)(3)-(4)...........  N/A.............  N/A.............  N/A.............  Reserved.
Sec.  63.6(c)(5)...............  Yes.............  Yes.............  Yes.............
Sec.  63.6(d)..................  N/A.............  N/A.............  N/A.............  Reserved.
Sec.  63.6(e)..................  Yes.............  Yes.............  Yes.............
Sec.  63.6(f)(1)...............  Yes.............  Yes.............  Yes.............
Sec.  63.6(f)(2)(i)-(ii).......  Yes.............  Yes.............  Yes.............
Sec.  63.6(f)(2)(iii)..........  Yes.............  Yes.............  Yes.............
Sec.  63.6(f)(2)(iv)...........  Yes.............  Yes.............  Yes.............
Sec.  63.6(f)(3)...............  Yes.............  Yes.............  Yes.............
Sec.  63.6(g)..................  Yes.............  Yes.............  Yes.............  An alternative standard
                                                                                         has been proposed for
                                                                                         WSR; however, affected
                                                                                         sources will have the
                                                                                         opportunity to
                                                                                         demonstrate other
                                                                                         alternatives to the
                                                                                         Administrator.
Sec.  63.6(h)..................  No..............  No..............  No..............  Subpart W does not
                                                                                         contain any opacity or
                                                                                         visible emissions
                                                                                         standards.
Sec.  63.6(i)(1)...............  Yes.............  Yes.............  Yes.............
Sec.  63.6(i)(2)...............  Yes.............  Yes.............  Yes.............  Except replace
                                                                                         ``source'' in Sec.
                                                                                         63.6(2) (i) and (ii) of
                                                                                         subpart A with
                                                                                         ``affected source''.
Sec.  63.6(i)(3)...............  Yes.............  Yes.............  Yes.............
Sec.  63.6(i)(4)(i)............  Yes.............  Yes.............  Yes.............
Sec.  63.6(i)(4)(ii)...........  Yes.............  Yes.............  Yes.............
Sec.  63.6(i)(5)-(14)..........  Yes.............  Yes.............  Yes.............
Sec.  63.6(i)(15)..............  N/A.............  N/A.............  N/A.............  Reserved.
Sec.  63.6(i)(16)..............  Yes.............  Yes.............  Yes.............
Sec.  63.6(j)..................  Yes.............  Yes.............  Yes.............
Sec.  63.7(a)(1)...............  Yes.............  Yes.............  No..............  Subpart H specifies
                                                                                         required testing and
                                                                                         compliance procedures.
Sec.  63.7(a)(2)(i)-(vi).......  Yes.............  Yes.............  No..............  Subpart H specifies that
                                                                                         test results must be
                                                                                         submitted in the
                                                                                         Notification of
                                                                                         Compliance Status due
                                                                                         150 days after the
                                                                                         compliance date.
Sec.  63.7(a)(2)(vii)-(viii)...  N/A.............  N/A.............  N/A.............  Reserved.
Sec.  63.7(a)(2)(ix)...........  Yes.............  Yes.............  Yes.............
Sec.  63.7(a)(3)...............  Yes.............  Yes.............  Yes.............
Sec.  63.7(b)(1)...............  Yes.............  Yes.............  Yes.............
Sec.  63.7(b)(2)...............  Yes.............  Yes.............  Yes.............
Sec.  63.7(c)..................  No..............  No..............  No..............
Sec.  63.7(d)..................  Yes.............  Yes.............  Yes.............  Except replace
                                                                                         ``source'' in Sec.
                                                                                         63.7(d) of subpart A
                                                                                         with ``affected
                                                                                         source''.
Sec.  63.7(e)(1)...............  Yes.............  Yes.............  Yes.............  Subpart W also contains
                                                                                         test methods specific
                                                                                         to BLR and WSR sources.
Sec.  63.7(e)(2)...............  Yes.............  Yes.............  Yes.............
Sec.  63.7(e)(3)...............  Yes.............  Yes.............  No..............  Subpart H specifies test
                                                                                         methods and procedures.
Sec.  63.7(f)..................  Yes.............  Yes.............  No..............  Subpart H specifies
                                                                                         applicable methods and
                                                                                         provides alternatives.
Sec.  63.7(g)(1)...............  Yes.............  Yes.............  No..............  Subpart H specifies
                                                                                         performance test
                                                                                         reporting.
Sec.  63.7(g)(2)...............  N/A.............  N/A.............  N/A.............  Reserved.
Sec.  63.7(g)(3)...............  Yes.............  Yes.............  Yes.............
Sec.  63.7(h)(1)-(2)...........  Yes.............  Yes.............  Yes.............
Sec.  63.7(h)(3)(i)............  Yes.............  Yes.............  Yes.............
Sec.  63.7(h)(3)(ii)-(iii).....  Yes.............  Yes.............  Yes.............
Sec.  63.7(h)(4)-(5)...........  Yes.............  Yes.............  Yes.............
Sec.  63.8(a)(1)...............  Yes.............  Yes.............  Yes.............
Sec.  63.8(a)(2)...............  Yes.............  Yes.............  Yes.............
Sec.  63.8(a)(3)...............  N/A.............  N/A.............  N/A.............  Reserved.
Sec.  63.8(a)(4)...............  Yes.............  Yes.............  Yes.............
Sec.  63.8(b)(1)...............  Yes.............  Yes.............  Yes.............
Sec.  63.8(b)(2)...............  Yes.............  Yes.............  No..............  Subpart H specifies
                                                                                         locations to conduct
                                                                                         monitoring.

[[Page 736]]

 
Sec.  63.8(b)(3)...............  Yes.............  Yes.............  Yes.............
Sec.  63.8(c)(1)(i)............  Yes.............  Yes.............  Yes.............
Sec.  63.8(c)(1)(ii)...........  Yes.............  Yes.............  Yes.............
Sec.  63.8(c)(1)(iii)..........  Yes.............  Yes.............  Yes.............
Sec.  63.8(c)(2)-(3)...........  Yes.............  Yes.............  Yes.............
Sec.  63.8(c)(4)-(8)...........  No..............  No..............  No..............  Subpart W specifies
                                                                                         monitoring frequencies.
Sec.  63.8(d)..................  No..............  No..............  No..............
Sec.  63.8(e)..................  No..............  No..............  No..............
Sec.  63.8(f)(1)...............  Yes.............  Yes.............  Yes.............
Sec.  63.8(f)(2)...............  Yes.............  Yes.............  Yes.............
Sec.  63.8(f)(3)...............  Yes.............  Yes.............  Yes.............
Sec.  63.8(f)(4)...............  Yes.............  Yes.............  Yes.............
Sec.  63.8(f)(5)...............  Yes.............  Yes.............  Yes.............
Sec.  63.8(f)(6)...............  Yes.............  Yes.............  No..............
Sec.  63.8(g)..................  Yes.............  Yes.............  Yes.............
Sec.  63.9(a)..................  Yes.............  Yes.............  Yes.............
Sec.  63.9(b)(1)(i)-(ii).......  Yes.............  Yes.............  Yes.............
Sec.  63.9(b)(1)(iii)..........  Yes.............  Yes.............  Yes.............
Sec.  63.9(b)(2)...............  Yes.............  Yes.............  Yes.............
Sec.  63.9(b)(3)...............  Yes.............  Yes.............  Yes.............
Sec.  63.9(b)(4)...............  Yes.............  Yes.............  Yes.............
Sec.  63.9(b)(5)...............  Yes.............  Yes.............  Yes.............
Sec.  63.9(c)..................  Yes.............  Yes.............  Yes.............
Sec.  63.9(d)..................  Yes.............  Yes.............  Yes.............
Sec.  63.9(e)..................  No..............  No..............  No..............
Sec.  63.9(f)..................  No..............  No..............  No..............
Sec.  63.9(g)..................  No..............  No..............  No..............
Sec.  63.9(h)(1)-(3)...........  Yes.............  Yes.............  No..............  Separate Notification of
                                                                                         Compliance Status
                                                                                         requirements are
                                                                                         specified for subpart
                                                                                         H.
Sec.  63.9(h)(4)...............  N/A.............  N/A.............  N/A.............  Reserved.
Sec.  63.9(h)(5)-(6)...........  Yes.............  Yes.............  No..............  Subpart H specifies
                                                                                         Notification of
                                                                                         Compliance Status
                                                                                         requirements.
Sec.  63.9(i)..................  Yes.............  Yes.............  Yes.............
Sec.  63.9(j)..................  Yes.............  Yes.............  Yes.............
Sec.  63.10(a).................  Yes.............  Yes.............  Yes.............
Sec.  63.10(b)(1)..............  Yes.............  Yes.............  Yes.............
Sec.  63.10(b)(2)..............  No..............  No..............  No..............  Subparts H and W specify
                                                                                         recordkeeping
                                                                                         requirements.
Sec.  63.10(b)(3)..............  Yes.............  Yes.............  Yes.............
Sec.  63.10(c)(1)-(6)..........  No..............  No..............  No..............
Sec.  63.10(c)(7)-(8)..........  Yes.............  Yes.............  Yes.............
Sec.  63.10(c)(9)-(15).........  No..............  No..............  No..............
Sec.  63.10(d)(1)..............  Yes.............  Yes.............  No..............  Subpart H specifies
                                                                                         performance test
                                                                                         reporting requirements.
Sec.  63.10(d)(2)..............  Yes.............  Yes.............  No..............  Subpart H specifies
                                                                                         performance test
                                                                                         reporting requirements.
Sec.  63.10(d)(3)..............  No..............  No..............  No..............
Sec.  63.10(d)(4)..............  Yes.............  Yes.............  Yes.............
Sec.  63.10(d)(5)..............  Yes.............  Yes.............  Yes.............
Sec.  63.10(e)(1)-(2)..........  No..............  No..............  No..............
Sec.  63.10(e)(3)..............  Yes.............  Yes.............  No..............
Sec.  63.10(e)(4)..............  No..............  No..............  No..............
Sec.  63.10(f).................  Yes.............  Yes.............  Yes.............
Sec.  63.11-63.15..............  Yes.............  Yes.............  Yes.............
----------------------------------------------------------------------------------------------------------------


[[Page 737]]



Subpart X_National Emission Standards For Hazardous Air Pollutants From 

                         Secondary Lead Smelting

    Source: 77 FR 580, Jan. 5, 2012, unless otherwise noted.



Sec. 63.541  Applicability.

    (a) You are subject to this subpart if you own or operate any of the 
following affected sources at a secondary lead smelter: Blast, 
reverberatory, rotary, and electric furnaces; refining kettles; 
agglomerating furnaces; dryers; process fugitive emissions sources; 
buildings containing lead bearing materials; and fugitive dust sources. 
The provisions of this subpart do not apply to primary lead processors, 
lead refiners, or lead remelters.
    (b) Table 1 to this subpart specifies the provisions of subpart A of 
this part that apply to owners and operators of secondary lead smelters 
subject to this subpart.
    (c) If you are subject to the provisions of this subpart, you are 
also subject to title V permitting requirements under 40 CFR parts 70 or 
71, as applicable.
    (d) Emissions standards in this subpart apply at all times.



Sec. 63.542  Definitions.

    Terms used in this subpart are defined in the Clean Air Act, in 
subpart A of this part, or in this section as follows:
    Affected source means any of the following sources at a secondary 
lead smelter: Blast, reverberatory, rotary, and electric furnaces; 
refining kettles; agglomerating furnaces; dryers; process fugitive 
emissions sources; buildings containing lead bearing materials; and 
fugitive dust sources.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Agglomerating furnace means a furnace used to melt into a solid mass 
flue dust that is collected from a baghouse.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter (dust) loadings in the exhaust of a 
baghouse in order to detect bag failures. A bag leak detection system 
includes, but is not limited to, an instrument that operates on 
triboelectric, light scattering, transmittance or other effect to 
monitor relative particulate matter loadings.
    Battery breaking area means the plant location at which lead-acid 
batteries are broken, crushed, or disassembled and separated into 
components.
    Blast furnace means a smelting furnace consisting of a vertical 
cylinder atop a crucible, into which lead-bearing charge materials are 
introduced at the top of the furnace and combustion air is introduced 
through tuyeres at the bottom of the cylinder, and that uses coke as a 
fuel source and that is operated at such a temperature in the combustion 
zone (greater than 980 Celsius) that lead compounds are chemically 
reduced to elemental lead metal.
    Blast furnace charging location means the physical opening through 
which raw materials are introduced into a blast furnace.
    Collocated blast furnace and reverberatory furnace means operation 
at the same location of a blast furnace and a reverberatory furnace 
where the vent streams of the furnaces are mixed before cooling, with 
the volumetric flow rate discharged from the blast furnace being equal 
to or less than that discharged from the reverberatory furnace.
    Dryer means a chamber that is heated and that is used to remove 
moisture from lead-bearing materials before they are charged to a 
smelting furnace.
    Dryer transition equipment means the junction between a dryer and 
the charge hopper or conveyor, or the junction between the dryer and the 
smelting furnace feed chute or hopper located at the ends of the dryer.
    Electric furnace means a smelting furnace consisting of a vessel 
into which reverberatory furnace slag is introduced and that uses 
electrical energy to heat the reverberatory furnace slag to such a 
temperature (greater than 980 Celsius) that lead compounds are reduced 
to elemental lead metal.

[[Page 738]]

    Fugitive dust source means a stationary source of hazardous air 
pollutant emissions at a secondary lead smelter that is not associated 
with a specific process or process fugitive vent or stack. Fugitive dust 
sources include, but are not limited to, roadways, storage piles, lead 
bearing material handling transfer points, lead bearing material 
transport areas, lead bearing material storage areas, other lead bearing 
material process areas, and buildings.
    Furnace and refining/casting area means any area of a secondary lead 
smelter in which:
    (1) Smelting furnaces are located;
    (2) Refining operations occur; or
    (3) Casting operations occur.
    Lead alloy means an alloy in which the predominant component is 
lead.
    Lead bearing material means material with a lead content equal to or 
greater than 5 mg/l as measured by EPA Method 1311 (Under Method 1311, 
only materials with at least 100 ppm lead will be considered to be lead 
bearing).
    Leeward wall means the furthest exterior wall of a total enclosure 
that is opposite the windward wall.
    Maintenance activity means any of the following routine maintenance 
and repair activities that could generate fugitive lead dust:
    (1) Replacement or repair of refractory, or any internal or external 
part of equipment used to process, handle or control lead-containing 
materials.
    (2) Replacement of any duct section used to convey lead-containing 
exhaust.
    (3) Metal cutting or welding that penetrates the metal structure of 
any equipment, and its associated components, used to process lead-
containing material such that lead dust within the internal structure or 
its components can become fugitive lead dust.
    (4) Resurfacing, repair or removal of ground, pavement, concrete, or 
asphalt.
    Materials storage and handling area means any area of a secondary 
lead smelter in which lead-bearing materials (including, but not limited 
to, broken battery components, reverberatory furnace slag, flue dust, 
and dross) are stored or handled between process steps including, but 
not limited to, areas in which materials are stored in open piles, bins, 
or tubs, and areas in which material is prepared for charging to a 
smelting furnace.
    Natural draft opening means any permanent opening in an enclosure 
that remains open during operation of the facility and is not connected 
to a duct in which a fan is installed.
    New source means any affected source at a secondary lead smelting 
facility the construction or reconstruction of which is commenced after 
May 19, 2011. A building that is constructed for the purpose of 
controlling fugitive emissions from an existing source is not considered 
to be a new source.
    Partial enclosure means a structure comprised of walls or partitions 
on at least three sides or three-quarters of the perimeter surrounding 
stored materials or process equipment to prevent the entrainment of 
particulate matter into the air.
    Pavement cleaning means the use of vacuum equipment, water sprays, 
or a combination thereof to remove dust or other accumulated material 
from the paved areas of a secondary lead smelter.
    Plant roadway means any area of a secondary lead smelter outside of 
a total enclosure that is subject to vehicle traffic, including traffic 
by forklifts, front-end loaders, or vehicles carrying whole batteries or 
cast lead ingots. Excluded from this definition are employee and visitor 
parking areas, provided they are not subject to traffic by vehicles 
carrying lead-bearing materials.
    Pressurized dryer breaching seal means a seal system connecting the 
dryer transition pieces which is maintained at a higher pressure than 
the inside of the dryer.
    Process fugitive emissions source means a source of hazardous air 
pollutant emissions at a secondary lead smelter that is associated with 
lead smelting or refining, but is not the primary exhaust stream from a 
smelting furnace, and is not a fugitive dust source. Process fugitive 
emissions sources include, but are not limited to, smelting furnace 
charging points, smelting furnace lead and slag taps, refining kettles, 
agglomerating furnaces, and drying kiln transition pieces.

[[Page 739]]

    Process vent means furnace vents, dryer vents, agglomeration furnace 
vents, vents from battery breakers, vents from buildings containing lead 
bearing material, and any ventilation system controlling lead emissions.
    Refining kettle means an open-top vessel that is constructed of cast 
iron or steel and is indirectly heated from below and contains molten 
lead for the purpose of refining and alloying the lead. Included are pot 
furnaces, receiving kettles, and holding kettles.
    Reverberatory furnace means a refractory-lined furnace that uses one 
or more flames to heat the walls and roof of the furnace and lead-
bearing scrap to such a temperature (greater than 980 Celsius) that lead 
compounds are chemically reduced to elemental lead metal.
    Rotary furnace (also known as a rotary reverberatory furnace) means 
a furnace consisting of a refractory-lined chamber that rotates about a 
horizontal axis and that uses one or more flames to heat the walls of 
the furnace and lead-bearing scrap to such a temperature (greater than 
980 Celsius) that lead compounds are chemically reduced to elemental 
lead metal.
    Secondary lead smelter means any facility at which lead-bearing 
scrap material, primarily, but not limited to, lead-acid batteries, is 
recycled into elemental lead or lead alloys by smelting.
    Shutdown means the period when no lead bearing materials are being 
fed to the furnace and smelting operations have ceased during which the 
furnace is cooled from steady-state operating temperature to ambient 
temperature.
    Smelting means the chemical reduction of lead compounds to elemental 
lead or lead alloys through processing in high-temperature (greater than 
980 Celsius) furnaces including, but not limited to, blast furnaces, 
reverberatory furnaces, rotary furnaces, and electric furnaces.
    Startup means the period when no led bearing materials have been fed 
to the furnace and smelting operations have not yet commenced during 
which the furnace is heated from ambient temperature to steady-state 
operating temperature.
    Total enclosure means a containment building that is completely 
enclosed with a floor, walls, and a roof to prevent exposure to the 
elements and to assure containment of lead bearing material with limited 
openings to allow access and egress for people and vehicles. The total 
enclosure must provide an effective barrier against fugitive dust 
emissions such that the direction of air flow through any openings is 
inward and the enclosure is maintained under constant negative pressure.
    Vehicle wash means a device for removing dust and other accumulated 
material from the wheels, body, and underside of a vehicle to prevent 
the inadvertent transfer of lead contaminated material to another area 
of a secondary lead smelter or to public roadways.
    Wet suppression means the use of water, water combined with a 
chemical surfactant, or a chemical binding agent to prevent the 
entrainment of dust into the air from fugitive dust sources.
    Windward wall means the exterior wall of a total enclosure that is 
most impacted by the wind in its most prevailing direction determined by 
a wind rose using available data from the closest representative 
meteorological station.



Sec. 63.543  What are my standards for process vents?

    (a) For existing sources, you must maintain the concentration of 
lead compounds in any process vent gas at or below 1.0 milligrams of 
lead per dry standard cubic meter (0.00043 grains of lead per dry 
standard cubic foot). You must maintain the flow-weighted average 
concentration of lead compounds in vent gases from a secondary lead 
smelting facility at or below 0.20 milligrams of lead per dry standard 
cubic meter (0.000087 grains of lead per dry standard cubic foot).
    (1) You must demonstrate compliance with the flow weighted average 
emissions limit on a 12-month rolling average basis, calculated monthly 
using the most recent test data available.
    (2) Until 12 monthly weighted average emissions rates have been 
accumulated, calculate only the monthly average weighted emissions rate.
    (3) You must use Equation 1 of this section to calculate the flow-
weighted

[[Page 740]]

average concentration of lead compounds from process vents:
[GRAPHIC] [TIFF OMITTED] TR05JA12.000

Where:

CFWA = Flow-weighted average concentration of all process 
          vents.
n = Number of process vents.
Fi = Flow rate from process vent i in dry standard cubic feet 
          per minute, as measured during the most recent compliance 
          test.
Ci = Concentration of lead in process vent i, as measured 
          during the most recent compliance test.

    (4) Each month, you must use the concentration of lead and flow rate 
obtained during the most recent compliance test performed prior to or 
during that month to perform the calculation using Equation 1 of this 
section.
    (5) If a continuous emissions monitoring system (CEMS) is used to 
measure the concentration of lead in a vent, the monthly average lead 
concentration and monthly average flow rate must be used rather than the 
most recent compliance test data.
    (b) For new sources that begin construction or reconstruction after 
May 19, 2011 you must maintain the concentration of lead compounds in 
any process vent gas at or below 0.20 milligrams of lead per dry 
standard cubic meter (0.000087 grains of lead per dry standard cubic 
foot).
    (c) You must meet the applicable emissions limits for total 
hydrocarbons and dioxins and furans from furnace sources specified in 
Table 2 of this subpart. There are no standards for dioxins and furans 
during periods of startup and shutdown.
    (d) If you combine furnace emissions from multiple types of furnaces 
and these furnaces do not meet the definition of collocated blast and 
reverberatory furnaces, you must calculate your emissions limit for the 
combined furnace stream using Equation 2 of this section.
[GRAPHIC] [TIFF OMITTED] TR05JA12.001

Where:
CEL = Flow-weighted average emissions limit (concentration) 
          of combined furnace vents.
n = Number of furnace vents.
Fi = Flow rate from furnace vent i in dry standard cubic feet 
          per minute.
CEli = Emissions limit (concentration) of pollutant in 
          furnace vent i as specified in Table 2 of this subpart.

    (e) If you combine furnace emissions with the furnace charging 
process fugitive emissions and discharge them to

[[Page 741]]

the atmosphere through a common emissions point, you must demonstrate 
compliance with the applicable total hydrocarbons concentration limit 
specified in paragraph (c) of this section at a location downstream from 
the point at which the two emissions streams are combined.
    (f) If you do not combine the furnace charging process fugitive 
emissions with the furnace process emissions, and discharge such 
emissions to the atmosphere through separate emissions points, you must 
maintain the total hydrocarbons concentration in the exhaust gas at or 
below 20 parts per million by volume, expressed as propane and corrected 
to 4 percent carbon dioxide.
    (g) Following the initial performance or compliance test to 
demonstrate compliance with the lead emissions limits specified in 
paragraph (a) or (b) of this section, you must conduct performance tests 
according to the schedule in paragraph (g)(1) or (2) of this section.
    (1) Conduct an annual performance test for lead compounds from each 
process vent (no later than 12 calendar months following the previous 
compliance test), unless you install and operate a CEMS meeting the 
requirements of Sec. 63.8.
    (2) If an annual compliance test demonstrates that a process vent 
emitted lead compounds at 0.10 milligram of lead per dry standard cubic 
meter or less during the time of the annual compliance test, you may 
submit a written request to the Administrator applying for an extension 
of up to 24 calendar months from the previous compliance test to conduct 
the next compliance test for lead compounds.
    (h) Following the initial performance or compliance test to 
demonstrate compliance with the total hydrocarbons emissions limits in 
paragraphs (c) and (f) of this section, you must conduct an annual 
performance test for total hydrocarbons emissions from each process vent 
that has established limits for total hydrocarbons (no later than 12 
calendar months following the previous compliance test), unless you 
install and operate a CEMS meeting the requirements of Sec. 63.8. If an 
annual compliance test demonstrates that a process vent emitted total 
hydrocarbons at less than 50 percent of the allowable limit during the 
time of the annual compliance test, you may submit a written request to 
the Administrator applying for an extension of up to 24 calendar months 
from the previous compliance test to conduct the next compliance test 
for total hydrocarbons.
    (i) Following the initial performance or compliance test to 
demonstrate compliance with the dioxins and furans emissions limits 
specified in paragraph (c) of this section, you must conduct a 
performance test for dioxins and furans emissions from each process vent 
that has established limits for dioxins and furans at least once every 6 
years following the previous compliance test.
    (j) You must conduct the performance tests specified in paragraphs 
(g) through (i) of this section under maximum representative operating 
conditions for the process. During the performance test, you may operate 
the control device at maximum or minimum representative operating 
conditions for monitored control device parameters, whichever results in 
lower emission reduction. Upon request, you must make available to the 
Administrator such records as may be necessary to determine the 
conditions of performance tests.
    (k) At all times, you must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. Determination of whether 
such operation and maintenance procedures are being used will be based 
on information available to the Administrator that may include, but is 
not limited to, monitoring results, review of operation and maintenance 
procedures, review of operation and maintenance records, and inspection 
of the source.
    (l) If you own or operate a unit subject to emission limits in Table 
2 of this subpart, you must minimize the unit's startup and shutdown 
periods following the manufacturer's recommended procedures, if 
available. You must develop and follow standard

[[Page 742]]

operating procedures designed to minimize emissions of total hydrocarbon 
for each startup or shutdown scenario anticipated. You must submit a 
signed statement in the Notification of Compliance Status report that 
indicates that you conducted startups and shutdowns according to the 
manufacturer's recommended procedures, if available, and the standard 
operating procedures designed to minimize emissions of total 
hydrocarbons.
    (m) In addition to complying with the applicable emissions limits 
for dioxins and furans listed in Table 2 to this subpart, you must 
operate a process to separate plastic battery casing materials from all 
automotive batteries prior to introducing feed into a furnace.



Sec. 63.544  What are my total enclosure standards?

    (a) You must operate the process fugitive emissions sources and 
fugitive dust sources listed in paragraphs (a)(1) through (9) of this 
section in a total enclosure that is maintained at negative pressure at 
all times and vented to a control device designed to capture lead 
particulate. The total enclosure must meet the requirements specified in 
paragraph (c) of this section.
    (1) Smelting furnaces.
    (2) Smelting furnace charging areas.
    (3) Lead taps, slag taps, and molds during tapping.
    (4) Battery breakers.
    (5) Refining kettles, casting areas.
    (6) Dryers.
    (7) Agglomerating furnaces and agglomerating furnace product taps.
    (8) Material handling areas for any lead bearing materials except 
those listed in paragraph (b) of this section.
    (9) Areas where dust from fabric filters, sweepings or used fabric 
filters are processed.
    (b) Total enclosures are not required in the following areas: lead 
ingot product handling areas, stormwater and wastewater treatment areas, 
intact battery storage areas, areas where lead bearing material is 
stored in closed containers or enclosed mechanical conveyors, and areas 
where clean battery casing material is handled.
    (c) You must construct and operate total enclosures for the sources 
listed in paragraph (a) of this section as specified in paragraphs 
(c)(1) and (2) of this section. The total enclosure must be free of 
significant cracks, gaps, corrosion or other deterioration that could 
cause lead bearing material to be released from the primary barrier. 
Measures must be in place to prevent the tracking of lead bearing 
material out of the unit by personnel or by equipment used in handling 
the material. An area must be designated to decontaminate equipment and 
any rinsate must be collected and properly managed.
    (1) You must ventilate the total enclosure continuously to ensure 
negative pressure values of at least 0.013 mm of mercury (0.007 inches 
of water).
    (2) You must maintain an inward flow of air through all natural 
draft openings.
    (d) You must inspect enclosures and facility structures that contain 
any lead-bearing materials at least once per month. You must repair any 
gaps, breaks, separations, leak points or other possible routes for 
emissions of lead to the atmosphere within one week of identification 
unless you obtain approval for an extension from the Administrator 
before the repair period is exceeded.



Sec. 63.545  What are my standards for fugitive dust sources?

    (a) You must prepare, and at all times operate according to, a 
standard operating procedures manual that describes in detail the 
measures that will be put in place and implemented to control the 
fugitive dust emissions from the sources listed in paragraphs (a)(1) 
through (7) of this section.
    (1) Plant roadways.
    (2) Plant buildings.
    (3) Accidental releases.
    (4) Battery storage area.
    (5) Equipment maintenance.
    (6) Material storage areas.
    (7) Material handling areas.
    (b) You must submit the standard operating procedures manual to the 
Administrator or delegated authority for review and approval when 
initially developed and any time changes are made.
    (c) The controls specified in the standard operating procedures 
manual

[[Page 743]]

must at a minimum include the requirements specified in paragraphs 
(c)(1) through (7) of this section.
    (1) Cleaning. Where a cleaning practice is specified, you must clean 
by wet wash or a vacuum equipped with a filter rated by the manufacturer 
to achieve 99.97 percent capture efficiency for 0.3 micron particles in 
a manner that does not generate fugitive lead dust.
    (2) Plant roadways and paved areas. You must pave all areas subject 
to vehicle traffic and you must clean the pavement twice per day, except 
on days when natural precipitation makes cleaning unnecessary or when 
sand or a similar material has been spread on plant roadways to provide 
traction on ice or snow. Limited access and limited use roadways such as 
unpaved roads to remote locations on the property may be exempt from 
this requirement if they are used infrequently (no more than one round 
trip per day).
    (3) Accidental releases. You must initiate cleaning of all affected 
areas within one hour after detection of any accidental release of lead 
dust that exceeds 10 pounds (the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) reportable quantity for lead at 
40 CFR 302.4).
    (4) Battery storage areas. You must inspect any batteries that are 
not stored in a total enclosure once each week and move any broken 
batteries to an enclosure within 72 hours of identification. You must 
clean residue from broken batteries within 72 hours of identification.
    (5) Materials storage and handling areas. You must wash each vehicle 
at each exit of the material storage and handling areas. The vehicle 
wash must include washing of tires, undercarriage and exterior surface 
of the vehicle followed by vehicle inspection.
    (6) Equipment maintenance. You must perform all maintenance 
activities that could generate lead dust in a manner that minimizes 
emissions of fugitive dust. This must include one or more of the 
following:
    (i) Performing maintenance inside a total permanent enclosure 
maintained at negative pressure.
    (ii) Performing maintenance inside a temporary enclosure and use a 
vacuum system either equipped with a filter rated by the manufacturer to 
achieve a capture efficiency of 99.97 percent for 0.3 micron particles 
or routed to an existing control device permitted for this activity.
    (iii) Performing maintenance inside a partial enclosure and use of 
wet suppression sufficient to prevent dust formation.
    (iv) Decontamination of equipment prior to removal from an 
enclosure.
    (v) Immediate repair of ductwork or structure leaks without an 
enclosure if the time to construct a temporary enclosure would exceed 
the time to make a temporary or permanent repair, or if construction of 
an enclosure would cause a higher level of emissions than if an 
enclosure were not constructed.
    (vi) Activities required for inspection of fabric filters and 
maintenance of filters that are in need of removal and replacement are 
not required to be conducted inside of total enclosures. Used fabric 
filters must be placed in sealed plastic bags or containers prior to 
removal from a baghouse.
    (7) Material transport. You must collect and transport all lead 
bearing dust (i.e. lead bearing material which is a dust) within closed 
conveyor systems or in sealed, leak-proof containers unless the 
collection and transport activities are contained within a total 
enclosure. All other lead bearing material must be contained and covered 
for transport outside of a total enclosure in a manner that prevents 
spillage or dust formation. Intact batteries and lead ingot product are 
exempt from the requirement to be covered for transport.
    (d) Your standard operating procedures manual must specify that 
records be maintained of all pavement cleaning, vehicle washing, and 
battery storage inspection activities performed to control fugitive dust 
emissions.
    (e) You must pave all grounds on the facility or plant groundcover 
sufficient to prevent wind-blown dust. You may use dust suppressants on 
unpaved areas that will not support a groundcover (e.g., roadway 
shoulders, steep slopes, limited access and limited use roadways).

[[Page 744]]

    (f) As provided in Sec. 63.6(g), as an alternative to the 
requirements specified in this section, you can demonstrate to the 
Administrator (or delegated State, local, or Tribal authority) that an 
alternative measure(s) is equivalent or better than a practice(s) 
described in this section.



Sec. 63.546  Compliance dates.

    (a) For affected sources that commenced construction or 
reconstruction on or before May 19, 2011, you must demonstrate 
compliance with the requirements of this subpart no later than January 
6, 2014.
    (b) For affected sources that commenced construction or 
reconstruction after May 19, 2011, you must demonstrate compliance with 
the requirements of this subpart by January 5, 2012 or upon startup of 
operations, whichever is later.



Sec. 63.547  Test methods.

    (a) You must use the test methods from appendix A of part 60 as 
listed in paragraphs (a)(1) through (5) of this section to determine 
compliance with the emissions standards for lead compounds specified in 
Sec. 63.543(a) and (b).
    (1) EPA Method 1 at 40 CFR part 60, appendix A-1 to select the 
sampling port location and the number of traverse points.
    (2) EPA Method 2 at 40 CFR part 60, appendix A-1 or EPA Method 5D at 
40 CFR part 60, appendix A-3, section 8.3 for positive pressure fabric 
filters, to measure volumetric flow rate.
    (3) EPA Method 3, 3A, or 3B at 40 CFR part 60, appendix A-2 to 
determine the dry molecular weight of the stack gas.
    (4) EPA Method 4 at 40 CFR part 60, appendix A-3 to determine 
moisture content of the stack gas.
    (5) EPA Method 12 or Method 29 at 40 CFR part 60, appendix A-8 to 
determine compliance with the lead compound emissions standards. The 
minimum sample volume must be 2.0 dry standard cubic meters (70 dry 
standard cubic feet) for each run. You must perform three test runs and 
you must determine compliance using the average of the three runs.
    (b) You must use the following test methods in appendix A of part 60 
listed in paragraphs (b)(1) through (4) of this section, as specified, 
to determine compliance with the emissions standards for total 
hydrocarbons specified in Sec. 63.543(c) through (f).
    (1) EPA Method 1 at 40 CFR part 60, appendix A-1 to select the 
sampling port location and number of traverse points.
    (2) The Single Point Integrated Sampling and Analytical Procedure of 
Method 3B to measure the carbon dioxide content of the stack gases when 
using either EPA Method 3A or 3B at 40 CFR part 60, appendix A-2.
    (3) EPA Method 4 at 40 CFR part 60, appendix A-3 to measure moisture 
content of the stack gases.
    (4) EPA Method 25A at 40 CFR part 60, appendix A-7 to measure total 
hydrocarbons emissions. The minimum sampling time must be 1 hour for 
each run. You must perform a minimum of three test runs. You must 
calculate a 1-hour average total hydrocarbons concentration for each run 
and use the average of the three 1-hour averages to determine 
compliance.
    (c) You must correct the measured total hydrocarbons concentrations 
to 4 percent carbon dioxide as specified in paragraphs (c)(1) through 
(3) of this section.
    (1) If the measured percent carbon dioxide is greater than 0.4 
percent in each compliance test, you must determine the correction 
factor using Equation 2 of this section.
[GRAPHIC] [TIFF OMITTED] TR05JA12.002

Where:

F = Correction factor (no units).
CO2 = Percent carbon dioxide measured using EPA Method 3A or 
          3B at 40 CFR part 60,

[[Page 745]]

          appendix A-2, where the measured carbon dioxide is greater 
          than 0.4 percent.

    (2) If the measured percent carbon dioxide is equal to or less than 
0.4 percent, you must use a correction factor (F) of 10.
    (3) You must determine the corrected total hydrocarbons 
concentration by multiplying the measured total hydrocarbons 
concentration by the correction factor (F) determined for each 
compliance test.
    (d) You must use the following test methods in appendix A of part 60 
listed in paragraphs (d)(1) through (5) of this section, as specified, 
to determine compliance with the emissions standards for dioxins and 
furans specified in Sec. 63.543(c).
    (1) EPA Method 1 at 40 CFR part 60, appendix A-1 to select the 
sampling port location and the number of traverse points.
    (2) EPA Method 2 at 40 CFR part 60, appendix A-1 or EPA Method 5D at 
40 CFR part 60, appendix A-3, section 8.3 for positive pressure fabric 
filters to measure volumetric flow rate.
    (3) EPA Method 3A or 3B at 40 CFR part 60, appendix A-2 to determine 
the oxygen and carbon dioxide concentrations of the stack gas.
    (4) EPA Method 4 at 40 CFR part 60, appendix A-3 to determine 
moisture content of the stack gas.
    (5) EPA Method 23 at 40 CFR part 60, appendix A-7 to determine the 
dioxins and furans concentration.
    (e) You must determine the dioxins and furans toxic equivalency by 
following the procedures in paragraphs (e)(1) through (3) of this 
section.
    (1) Measure the concentration of each dioxins and furans congener 
shown in Table 3 of this subpart using EPA Method 23 at 40 CFR part 60, 
appendix A-7. You must correct the concentration of dioxins and furans 
in terms of toxic equivalency to 7 percent O2 using Equation 
3 of this section.
[GRAPHIC] [TIFF OMITTED] TR05JA12.003

Where:

Cadj = Dioxins and furans concentration adjusted to 7 percent 
          oxygen.
Cmeas = Dioxins and furans concentration measured in 
          nanograms per dry standard cubic meter.
(20.9-7) = 20.9 percent oxygen--7 percent oxygen (defined oxygen 
          correction basis).
20.9 = Oxygen concentration in air, percent.
%O2 = Oxygen concentration measured on a dry basis, percent.

    (2) For each dioxins and furans congener measured as specified in 
paragraph (e)(1) of this section, multiply the congener concentration by 
its corresponding toxic equivalency factor specified in Table 3 to this 
subpart.
    (3) Sum the values calculated as specified in paragraph (e)(2) of 
this section to obtain the total concentration of dioxins and furans 
emitted in terms of toxic equivalency.



Sec. 63.548  Monitoring requirements.

    (a) You must prepare, and at all times operate according to, a 
standard operating procedures manual that describes in detail procedures 
for inspection, maintenance, and bag leak detection and corrective 
action plans for all baghouses (fabric filters or cartridge filters) 
that are used to control process vents, process fugitive, or fugitive 
dust emissions from any source subject to the lead emissions standards 
in Sec. Sec. 63.543, 63.544, and 63.545, including those used to 
control emissions from building ventilation.
    (b) You must submit the standard operating procedures manual for 
baghouses required by paragraph (a) of this section to the Administrator 
or delegated authority for review and approval.
    (c) The procedures that you specify in the standard operating 
procedures manual for inspections and routine

[[Page 746]]

maintenance must, at a minimum, include the requirements of paragraphs 
(c)(1) through (9) of this section.
    (1) Daily monitoring of pressure drop across each baghouse cell.
    (2) Weekly confirmation that dust is being removed from hoppers 
through visual inspection, or equivalent means of ensuring the proper 
functioning of removal mechanisms.
    (3) Daily check of compressed air supply for pulse-jet baghouses.
    (4) An appropriate methodology for monitoring cleaning cycles to 
ensure proper operation.
    (5) Monthly check of bag cleaning mechanisms for proper functioning 
through visual inspection or equivalent means.
    (6) Monthly check of bag tension on reverse air and shaker-type 
baghouses. Such checks are not required for shaker-type baghouses using 
self-tensioning (spring loaded) devices.
    (7) Quarterly confirmation of the physical integrity of the baghouse 
through visual inspection of the baghouse interior for air leaks.
    (8) Quarterly inspection of fans for wear, material buildup, and 
corrosion through visual inspection, vibration detectors, or equivalent 
means.
    (9) Except as provided in paragraphs (g) and (h) of this section, 
continuous operation of a bag leak detection system, unless a system 
meeting the requirements of paragraph (m) of this section for a 
continuous emissions monitoring system is installed for monitoring the 
concentration of lead.
    (d) The procedures you specify in the standard operating procedures 
manual for baghouse maintenance must include, at a minimum, a 
preventative maintenance schedule that is consistent with the baghouse 
manufacturer's instructions for routine and long-term maintenance.
    (e) The bag leak detection system required by paragraph (c)(9) of 
this section, must meet the specification and requirements of paragraphs 
(e)(1) through (8) of this section.
    (1) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 1.0 milligram per actual cubic meter (0.00044 grains 
per actual cubic foot) or less.
    (2) The bag leak detection system sensor must provide output of 
relative particulate matter loadings.
    (3) The bag leak detection system must be equipped with an alarm 
system that will alarm when an increase in relative particulate loadings 
is detected over a preset level.
    (4) You must install and operate the bag leak detection system in a 
manner consistent with the guidance provided in ``Office of Air quality 
Planning and Standards (OAQPS) Fabric Filter Bag Leak Detection 
Guidance'' EPA-454/R-98-015, September 1997 (incorporated by reference, 
see Sec. 63.14) and the manufacturer's written specifications and 
recommendations for installation, operation, and adjustment of the 
system.
    (5) The initial adjustment of the system must, at a minimum, consist 
of establishing the baseline output by adjusting the sensitivity (range) 
and the averaging period of the device, and establishing the alarm set 
points and the alarm delay time.
    (6) Following initial adjustment, you must not adjust the 
sensitivity or range, averaging period, alarm set points, or alarm delay 
time, except as detailed in the approved standard operating procedures 
manual required under paragraph (a) of this section. You cannot increase 
the sensitivity by more than 100 percent or decrease the sensitivity by 
more than 50 percent over a 365 day period unless such adjustment 
follows a complete baghouse inspection that demonstrates that the 
baghouse is in good operating condition.
    (7) For negative pressure, induced air baghouses, and positive 
pressure baghouses that are discharged to the atmosphere through a 
stack, you must install the bag leak detector downstream of the baghouse 
and upstream of any wet acid gas scrubber.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (f) You must include in the standard operating procedures manual 
required by paragraph (a) of this section a corrective action plan that 
specifies the procedures to be followed in the case of

[[Page 747]]

a bag leak detection system alarm. The corrective action plan must 
include, at a minimum, the procedures that you will use to determine and 
record the time and cause of the alarm as well as the corrective actions 
taken to minimize emissions as specified in paragraphs (f)(1) and (f)(2) 
of this section.
    (1) The procedures used to determine the cause of the alarm must be 
initiated within 30 minutes of the alarm.
    (2) The cause of the alarm must be alleviated by taking the 
necessary corrective action(s) that may include, but not be limited to, 
those listed in paragraphs (f)(2)(i) through (vi) of this section.
    (i) Inspecting the baghouse for air leaks, torn or broken filter 
elements, or any other malfunction that may cause an increase in 
emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media, or otherwise 
repairing the control device.
    (iv) Sealing off a defective baghouse compartment.
    (v) Cleaning the bag leak detection system probe, or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate emissions.
    (g) Baghouses equipped with high efficiency particulate air (or 
HEPA) filters as a secondary filter used to control emissions from any 
source subject to the lead emission standards in Sec. 65.543(a) or (b), 
are exempt from the requirement to be equipped with a bag leak detection 
system. You must monitor and record the pressure drop across each HEPA 
filter system daily. If the pressure drop is outside the limit(s) 
specified by the filter manufacturer, you must take appropriate 
corrective measures, which may include but not be limited to those given 
in paragraphs (g)(1) through (4) of this section.
    (1) Inspecting the filter and filter housing for air leaks and torn 
or broken filters.
    (2) Replacing defective filter media, or otherwise repairing the 
control device.
    (3) Sealing off a defective control device by routing air to other 
control devices
    (4) Shutting down the process producing the particulate emissions.
    (h) Baghouses followed by a wet electrostatic precipitator used as a 
secondary control device for any source subject to the lead emission 
standards in Sec. 63.543(a) or (b), are exempt from the requirement to 
be equipped with a bag leak detection system.
    (i) If you use a wet scrubber to control particulate matter and 
metal hazardous air pollutant emissions from a process vent to 
demonstrate continuous compliance with the emissions standards, you must 
monitor and record the pressure drop and water flow rate of the wet 
scrubber during the initial performance or compliance test conducted to 
demonstrate compliance with the lead emissions limit under Sec. 
63.543(a) or (b). Thereafter, you must monitor and record the pressure 
drop and water flow rate values at least once every hour and you must 
maintain the pressure drop and water flow rate at levels no lower than 
30 percent below the pressure drop and water flow rate measured during 
the initial performance or compliance test.
    (j) You must comply with the requirements specified in paragraphs 
(j)(1) through (4) of this section to demonstrate continuous compliance 
with the total hydrocarbons and dioxins and furans emissions standards. 
During periods of startup and shutdown, the requirements of paragraph 
(j)(4) of this section do not apply. Instead, you must demonstrate 
compliance with the standard for total hydrocarbon by meeting the 
requirements of Sec. 63.543(l).
    (1) Continuous temperature monitoring. You must install, calibrate, 
maintain, and continuously operate a device to monitor and record the 
temperature of the afterburner or furnace exhaust streams consistent 
with the requirements for continuous monitoring systems in Sec. 63.8.
    (2) Prior to or in conjunction with the initial performance or 
compliance test to determine compliance with Sec. 63.543(c), you must 
conduct a performance evaluation for the temperature monitoring device 
according to Sec. 63.8(e). The definitions, installation 
specifications, test procedures, and

[[Page 748]]

data reduction procedures for determining calibration drift, relative 
accuracy, and reporting described in Performance Specification 2, 40 CFR 
part 60, appendix B, sections 2, 3, 5, 7, 8, 9, and 10 must be used to 
conduct the evaluation. The temperature monitoring device must meet the 
following performance and equipment specifications:
    (i) The recorder response range must include zero and 1.5 times the 
average temperature identified in paragraph (j)(3) of this section.
    (ii) The monitoring system calibration drift must not exceed 2 
percent of 1.5 times the average temperature identified in paragraph 
(j)(3) of this section.
    (iii) The monitoring system relative accuracy must not exceed 20 
percent.
    (iv) The reference method must be a National Institute of Standards 
and Technology calibrated reference thermocouple-potentiometer system or 
an alternate reference, subject to the approval of the Administrator.
    (3) You must monitor and record the temperature of the afterburner 
or the furnace exhaust streams every 15 minutes during the initial 
performance or compliance test for total hydrocarbons and dioxins and 
furans and determine an arithmetic average for the recorded temperature 
measurements.
    (4) To demonstrate continuous compliance with the standards for 
total hydrocarbons and dioxins and furans, you must maintain an 
afterburner or exhaust temperature such that the average temperature in 
any 3-hour period does not fall more than 28 [deg]Celsius (50 
[deg]Fahrenheit) below the average established in paragraph (j)(3) of 
this section.
    (k) You must install, operate, and maintain a digital differential 
pressure monitoring system to continuously monitor each total enclosure 
as described in paragraphs (k)(1) through (5) of this section.
    (1) You must install and maintain a minimum of one building digital 
differential pressure monitoring system at each of the following three 
walls in each total enclosure that has a total ground surface area of 
10,000 square feet or more:
    (i) The leeward wall.
    (ii) The windward wall.
    (iii) An exterior wall that connects the leeward and windward wall 
at a location defined by the intersection of a perpendicular line 
between a point on the connecting wall and a point on its furthest 
opposite exterior wall, and intersecting within plus or minus ten meters 
of the midpoint of a straight line between the two other monitors 
specified. The midpoint monitor must not be located on the same wall as 
either of the other two monitors.
    (2) You must install and maintain a minimum of one building digital 
differential pressure monitoring system at the leeward wall of each 
total enclosure that has a total ground surface area of less than 10,000 
square feet.
    (3) The digital differential pressure monitoring systems must be 
certified by the manufacturer to be capable of measuring and displaying 
negative pressure in the range of 0.01 to 0.2 millimeters mercury (0.005 
to 0.11 inches of water) with a minimum accuracy of plus or minus 0.001 
millimeters of mercury (0.0005 inches of water).
    (4) You must equip each digital differential pressure monitoring 
system with a continuous recorder.
    (5) You must calibrate each digital differential pressure monitoring 
system in accordance with manufacturer's specifications at least once 
every 12 calendar months or more frequently if recommended by the 
manufacturer.
    (l) Except as provided in paragraphs (l)(2) or (3) of this section, 
all new or reconstructed sources subject to the requirements under Sec. 
63.543 must install, calibrate, maintain, and operate a CEMS for 
measuring lead emissions. In addition to the General Provisions 
requirements for CEMS in Sec. 63.8(c) that are referenced in Table 1 to 
this subpart, you must comply with the requirements for CEMS specified 
in paragraph (m) of this section.
    (1) Sources subject to the emissions limits for lead compounds under 
Sec. 63.543(b) must install a CEMS for measuring lead emissions within 
180 days of promulgation by the EPA of performance specifications for 
lead CEMS.
    (2) Prior to 180 days after the EPA promulgates performance 
specifications for CEMS used to measure lead

[[Page 749]]

concentrations, you must use the procedure described in Sec. 
63.543(g)(1) to determine compliance.
    (3) Vents from control devices that serve only to control emissions 
from buildings containing lead bearing materials are exempt from the 
requirement to install a CEMS for measuring lead emissions.
    (m) If a CEMS is used to measure lead emissions, you must install a 
continuous emissions monitoring system with a sensor in a location that 
provides representative measurement of the exhaust gas flow rate at the 
sampling location of the CEMS used to measure lead emissions, taking 
into account the manufacturer's recommendations. The flow rate sensor is 
that portion of the system that senses the volumetric flow rate and 
generates an output proportional to that flow rate.
    (1) The continuous emissions monitoring system must be designed to 
measure the exhaust gas flow rate over a range that extends from a value 
of at least 20 percent less than the lowest expected exhaust flow rate 
to a value of at least 20 percent greater than the highest expected 
exhaust gas flow rate.
    (2) The continuous emissions monitoring system must be equipped with 
a data acquisition and recording system that is capable of recording 
values over the entire range specified in paragraph (m)(1) of this 
section.
    (3) You must perform an initial relative accuracy test of the 
continuous emissions monitoring system in accordance with the applicable 
Performance Specification in appendix B to part 60 of this chapter.
    (4) You must operate the continuous emissions monitoring system and 
record data during all periods of operation of the affected facility 
including periods of startup, shutdown, and malfunction, except for 
periods of monitoring system malfunctions, repairs associated with 
monitoring system malfunctions, and required monitoring system quality 
assurance or quality control activities including, as applicable, 
calibration checks and required zero and span adjustments.
    (5) If you have a CEMS to measure lead emissions, you must calculate 
the average lead concentration and flow rate monthly to determine 
compliance with Sec. 63.543(a).
    (6) When the continuous emissions monitoring system is unable to 
provide quality assured data, the following apply:
    (i) When data are not available for periods of up to 48 hours, the 
highest recorded hourly emissions rate from the previous 24 hours must 
be used.
    (ii) When data are not available for 48 or more hours, the maximum 
daily emissions rate based on the previous 30 days must be used.



Sec. 63.549  Notification requirements.

    (a) You must comply with all of the notification requirements of 
Sec. 63.9. Electronic notifications are encouraged if suitable for the 
specific case (e.g., by electronic media such as Excel spreadsheet, on 
CD or hard copy), and when required by this subpart.
    (b) You must submit the fugitive dust control standard operating 
procedures manual required under Sec. 63.545(a) and the standard 
operating procedures manual for baghouses required under Sec. 63.548(a) 
to the Administrator or delegated authority along with a notification 
that the smelter is seeking review and approval of these plans and 
procedures. You must submit this notification no later than January 7, 
2013. For sources that commenced construction or reconstruction after 
January 5, 2012, you must submit this notification no later than 180 
days before startup of the constructed or reconstructed secondary lead 
smelter, but no sooner than January 5, 2012. For an affected source that 
has received a construction permit from the Administrator or delegated 
authority on or before January 5, 2012, you must submit this 
notification no later than January 7, 2014.



Sec. 63.550  Recordkeeping and reporting requirements.

    (a) You must comply with all of the recordkeeping and reporting 
requirements specified in Sec. 63.10 that are referenced in Table 1 to 
this subpart.
    (1) Records must be maintained in a form suitable and readily 
available for expeditious review, according to Sec. 63.10(b)(1). 
However, electronic recordkeeping and reporting if suitable for the 
specific case (e.g., by electronic

[[Page 750]]

media such as Excel spreadsheet, on CD or hard copy), and when required 
by this subpart.
    (2) Records must be kept on site for at least 2 years after the date 
of occurrence, measurement, maintenance, corrective action, report, or 
record, according to Sec. 63.10(b)(1).
    (b) The standard operating procedures manuals required in Sec. Sec. 
63.545(a) and 63.548(a) must be submitted to the Administrator in 
electronic format for review and approval of the initial submittal and 
whenever an update is made to the procedure.
    (c) You must maintain for a period of 5 years, records of the 
information listed in paragraphs (c)(1) through (13) of this section.
    (1) Electronic records of the bag leak detection system output.
    (2) An identification of the date and time of all bag leak detection 
system alarms, the time that procedures to determine the cause of the 
alarm were initiated, the cause of the alarm, an explanation of the 
corrective actions taken, and the date and time the cause of the alarm 
was corrected.
    (3) All records of inspections and maintenance activities required 
under Sec. 63.548(c) as part of the practices described in the standard 
operating procedures manual for baghouses required under Sec. 
63.548(a).
    (4) Electronic records of the pressure drop and water flow rate 
values for wet scrubbers used to control metal hazardous air pollutant 
emissions from process fugitive sources as required in Sec. 63.548(i).
    (5) Electronic records of the output from the continuous temperature 
monitor required in Sec. 63.548(j)(1), and an identification of periods 
when the 3-hour average temperature fell below the minimum established 
under Sec. 63.548(j)(4), and an explanation of the corrective actions 
taken.
    (6) Electronic records of the continuous pressure monitors for total 
enclosures required in Sec. 63.548(k), and an identification of periods 
when the pressure was not maintained as required in Sec. 63.544(c)(1).
    (7) Records of any time periods power was lost to the continuous 
pressure monitors for total enclosures required in Sec. 63.548(k) and 
records of loss of power to the air handling system maintaining negative 
pressure on total enclosures.
    (8) Records of the inspections of facility enclosures required in 
Sec. 63.544(d).
    (9) Records of all cleaning and inspections required as part of the 
practices described in the standard operating procedures manual required 
under Sec. 63.545(a) for the control of fugitive dust emissions.
    (10) Electronic records of the output of any CEMS installed to 
monitor lead emissions meeting the requirements of Sec. 63.548(m).
    (11) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control 
equipment and monitoring equipment.
    (12) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec. 63.543(k), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (13) Records of any periods of startup or shutdown of a furnace and 
actions taken to minimize emissions during that period in accordance 
with Sec. 63.543(l).
    (d) You must comply with all of the reporting requirements specified 
in Sec. 63.10 of the General Provisions that are referenced in Table 1 
to this subpart.
    (1) You must submit reports no less frequent than specified under 
Sec. 63.10(e)(3) of the General Provisions.
    (2) Once a source reports a violation of the standard or excess 
emissions, you must follow the reporting format required under Sec. 
63.10(e)(3) until a request to reduce reporting frequency is approved by 
the Administrator.
    (e) In addition to the information required under the applicable 
sections of Sec. 63.10, you must include in the reports required under 
paragraph (d) of this section the information specified in paragraphs 
(e)(1) through (14) of this section.
    (1) Records of the concentration of lead in each process vent, and 
records of the rolling 12-month flow-weighted

[[Page 751]]

average concentration of lead compounds in vent gases calculated monthly 
as required in Sec. 63.543(a), except during the first year when the 
concentration is calculated using the method described in Sec. 
63.543(a)(2).
    (2) Records of the concentration of total hydrocarbon and dioxins 
and furans in each process vent that has established limits for total 
hydrocarbon and dioxins and furans as required in Sec. 63.543(c).
    (3) Records of all periods when monitoring using a CEMS for lead or 
total hydrocarbon was not in compliance with applicable limits.
    (4) Records of all alarms from the bag leak detection system 
specified in Sec. 63.548.
    (5) A description of the procedures taken following each bag leak 
detection system alarm pursuant to Sec. 63.548(f)(1) and (2).
    (6) A summary of the records maintained as part of the practices 
described in the standard operating procedures manual for baghouses 
required under Sec. 63.548(a), including an explanation of the periods 
when the procedures were not followed and the corrective actions taken.
    (7) An identification of the periods when the pressure drop and 
water flow rate of wet scrubbers used to control process fugitive 
sources dropped below the levels established in Sec. 63.548(i), and an 
explanation of the corrective actions taken.
    (8) Records of the temperature monitor output, in 3-hour block 
averages, for those periods when the temperature monitored pursuant to 
Sec. 63.548(j) fell below the level established in Sec. 63.548(j)(4).
    (9) Certification that the plastic separation process for battery 
breakers required in Sec. 63.543(m) was operated at all times the 
battery breaker was in service.
    (10) Records of periods when the pressure was not maintained as 
required in Sec. 63.544(c) or power was lost to the continuous pressure 
monitoring system as required in Sec. 63.548(k).
    (11) If a malfunction occurred during the reporting period, the 
report must include the number, duration, and a brief description for 
each type of malfunction that occurred during the reporting period and 
caused or may have caused any applicable emissions limitation to be 
exceeded. The report must also include a description of actions taken 
during a malfunction of an affected source to minimize emissions in 
accordance with Sec. 63.543(k), including actions taken to correct a 
malfunction.
    (12) A summary of the fugitive dust control measures performed 
during the required reporting period, including an explanation of the 
periods when the procedures outlined in the standard operating 
procedures manual pursuant to Sec. 63.545(a) were not followed and the 
corrective actions taken. The reports must not contain copies of the 
daily records required to demonstrate compliance with the requirements 
of the standard operating procedures manuals required under Sec. 
63.545(a).
    (13) Records of any periods of startup or shutdown of a furnace 
including an explanation of the periods when the procedures required in 
Sec. 63.543(l) were not followed and the corrective actions taken.
    (14) You must submit records pursuant to paragraphs (e)(14)(i) 
through (iii) of this section.
    (i) As of January 1, 2012 and within 60 days after the date of 
completing each performance test, as defined in Sec. 63.2 and as 
required in this subpart, you must submit performance test data, except 
opacity data, electronically to EPA's Central Data Exchange by using the 
Electronic Reporting Tool (see http://www.epa.gov/ttn/chief/ert/ert--
tool.html/). Only data collected using test methods compatible with the 
Electronic Reporting Tool are subject to this requirement to be 
submitted electronically into EPA's WebFIRE database.
    (ii) Within 60 days after the date of completing each CEMS 
performance evaluation test, as defined in Sec. 63.2 and required by 
this subpart, you must submit the relative accuracy test audit data 
electronically into EPA's Central Data Exchange by using the Electronic 
Reporting Tool as mentioned in paragraph (e)(14)(i) of this section. 
Only data collected using test methods compatible with the Electronic 
Reporting Tool are subject to this requirement to be submitted 
electronically into EPA's WebFIRE database.

[[Page 752]]

    (iii) All reports required by this subpart not subject to the 
requirements in paragraph (e)(14)(i) and (ii) of this section must be 
sent to the Administrator at the appropriate address listed in Sec. 
63.13. The Administrator or the delegated authority may request a report 
in any form suitable for the specific case (e.g., by electronic media 
such as Excel spreadsheet, on CD or hard copy). The Administrator 
retains the right to require submittal of reports subject to paragraph 
(e)(14)(i) and (ii) of this section in paper format.



Sec. 63.551  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.541, 63.543 through 63.544, Sec. 63.545, and Sec. 63.546.
    (2) Approval of major alternatives to test methods under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 
63.8(f), as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.



Sec. 63.552  Affirmative defense to civil penalties for exceedance of 

emissions limit during malfunction.

    In response to an action to enforce the standards set forth in this 
subpart, you may assert an affirmative defense to a claim for civil 
penalties for exceedances of such standards that are caused by 
malfunction, as defined at Sec. 63.2. Appropriate penalties may be 
assessed, however, if you fail to meet your burden of proving all of the 
requirements in the affirmative defense. The affirmative defense shall 
not be available for claims for injunctive relief.
    (a) Affirmative defense. To establish the affirmative defense in any 
action to enforce such a limit, you must timely meet the notification 
requirements in paragraph (b) of this section, and must prove by a 
preponderance of evidence that:
    (1) The excess emissions:
    (i) Were caused by a sudden, infrequent, and unavoidable failure of 
air pollution control and monitoring equipment, process equipment, or a 
process to operate in a normal or usual manner.
    (ii) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices.
    (iii) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for.
    (iv) Were not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance.
    (2) Repairs were made as expeditiously as possible when the 
applicable emissions limitations were being exceeded. Off-shift and 
overtime labor were used, to the extent practicable to make these 
repairs.
    (3) The frequency, amount and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions.
    (4) If the excess emissions resulted from a bypass of control 
equipment or a process, then the bypass was unavoidable to prevent loss 
of life, personal injury, or severe property damage.
    (5) All possible steps were taken to minimize the impact of the 
excess

[[Page 753]]

emissions on ambient air quality, the environment and human health.
    (6) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices.
    (7) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs.
    (8) At all times, the affected source was operated in a manner 
consistent with good practices for minimizing emissions.
    (9) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the excess emissions resulting from the malfunction 
event at issue. The analysis shall also specify, using best monitoring 
methods and engineering judgment, the amount of excess emissions that 
were the result of the malfunction.
    (b) Notification. The owner or operator of the affected source 
experiencing an exceedance of its emissions limit(s) during a 
malfunction, shall notify the Administrator by telephone or facsimile 
transmission as soon as possible, but no later than two business days 
after the initial occurrence of the malfunction, it wishes to avail 
itself of an affirmative defense to civil penalties for that 
malfunction. The owner or operator seeking to assert an affirmative 
defense, shall also submit a written report to the Administrator within 
45 days of the initial occurrence of the exceedance of the standard in 
this subpart to demonstrate, with all necessary supporting 
documentation, that it has met the requirements set forth in paragraph 
(a) of this section. The owner or operator may seek an extension of this 
deadline for up to 30 additional days by submitting a written request to 
the Administrator before the expiration of the 45-day period. Until a 
request for an extension has been approved by the Administrator, the 
owner or operator is subject to the requirement to submit such report 
within 45 days of the initial occurrence of the exceedance.



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

                              to Subpart X

----------------------------------------------------------------------------------------------------------------
               Reference                             Applies to subpart X                       Comment
----------------------------------------------------------------------------------------------------------------
63.1...................................  Yes.
63.2...................................  Yes.
63.3...................................  Yes.
63.4...................................  Yes.
63.5...................................  Yes.
63.6(a), (b), (c)......................  Yes.
63.6(d)................................  No..........................................  Section reserved.
63.6(e)(1)(i)..........................  No..........................................  See 63.543(k) for general
                                                                                        duty requirement.
63.6(e)(1)(ii).........................  No.
63.6(e)(1)(iii)........................  Yes.
63.6(e)(2).............................  No..........................................  Section reserved.
63.6(e)(3).............................  No.
63.6(f)(1).............................  No.
63.6(g)................................  Yes.
63.6(h)................................  No..........................................  No opacity limits in
                                                                                        rule.
63.6(i)................................  Yes.
63.6(j)................................  Yes.
63.7(a)-(d)............................  Yes.
63.7(e)(1).............................  No..........................................  See 63.543(j).
63.7(e)(2)-(e)(4)......................  Yes.
63.7(f), (g), (h)......................  Yes.
63.8(a)-(b)............................  Yes.
63.8(c)(1)(i)..........................  No..........................................  See 63.543(k) for general
                                                                                        duty requirement.
63.8(c)(1)(ii).........................  Yes.
63.8(c)(1)(iii)........................  No..........................................
63.8(c)(2)-(d)(2)......................  Yes.
63.8(d)(3).............................  Yes, except for last sentence.
63.8(e)-(g)............................  Yes.
63.9(a), (b), (c), (e), (g),             Yes.
 (h)(1)through (3), (h)(5) and (6), (i)
 and (j).

[[Page 754]]

 
63.9(f)................................  No.
63.9(h)(4).............................  No..........................................  Reserved.
63.10 (a)..............................  Yes.
63.10 (b)(1)...........................  Yes.
63.10(b)(2)(i).........................  No.
63.10(b)(2)(ii)........................  No..........................................  See 63.550 for
                                                                                        recordkeeping of
                                                                                        occurrence and duration
                                                                                        of malfunctions and
                                                                                        recordkeeping of actions
                                                                                        taken during
                                                                                        malfunction.
63.10(b)(2)(iii).......................  Yes.
63.10(b)(2)(iv)-(b)(2)(v)..............  No.
63.10(b)(2)(vi)-(b)(2)(xiv)............  Yes.
63.(10)(b)(3)..........................  Yes.
63.10(c)(1)-(9)........................  Yes.
63.10(c)(10)-(11)......................  No..........................................  See 63.550 for
                                                                                        recordkeeping of
                                                                                        malfunctions.
63.10(c)(12)-(c)(14)...................  Yes.
63.10(c)(15)...........................  No.
63.10(d)(1)-(4)........................  Yes.
63.10(d)(5)............................  No..........................................  See 63.550(e)(11) for
                                                                                        reporting of
                                                                                        malfunctions.
63.10(e)-(f)...........................  Yes.
63.11..................................  No..........................................  Flares will not be used
                                                                                        to comply with the
                                                                                        emission limits.
63.12 to 63.15.........................  Yes.                                          .........................
----------------------------------------------------------------------------------------------------------------



  Sec. Table 2 to Subpart X of Part 63--Emissions Limits for Secondary 

                         Lead Smelting Furnaces

------------------------------------------------------------------------
                                   You must meet the following emissions
                                             limits . . . \a\
                                 ---------------------------------------
                                   Total hydrocarbon   Dioxin and furan
For vents from these processes .     ppm by volume       (dioxins and
               . .                   expressed as     furans) nanograms/
                                   propane corrected   dscm expressed as
                                     to 4 percent     TEQ corrected to 7
                                    carbon dioxide        percent O2
------------------------------------------------------------------------
Collocated blast and              20 ppmv...........  0.50 ng/dscm.
 reverberatory furnaces (new and
 existing).
Collocated blast and              360 ppmv..........  170 ng/dscm.
 reverberatory furnaces when the
 reverberatory furnace is not
 operating for units that
 comments construction or
 reconstruction before June 9,
 1994.
Collocated blast and              70 ppmv...........  170 ng/dscm.
 reverberatory furnaces when the
 reverberatory furnace is not
 operating for units that
 commence construction or
 reconstruction after June 9,
 1994.
Blast furnaces that commence      360 ppmv..........  170 ng/dscm.
 construction or reconstruction
 before June 9, 1994.
Blast furnaces that commence      70 ppmv...........  170 ng/dscm.
 construction or reconstruction
 after June 9, 1994.
Blast furnaces that commence      70 ppmv...........  10 ng/dscm.
 construction or reconstruction
 after May 19, 2011.
Reverberatory and electric        12 ppmv...........  0.20 ng/dscm.
 furnaces that commence
 construction or reconstruction
 before May 19, 2011.
Reverberatory and electric        12 ppmv...........  0.10 ng/dscm.
 furnaces that commence
 construction or reconstruction
 after May 19, 2011.
------------------------------------------------------------------------
\a\ There are no standards for dioxins and furans during periods of
  startup and shutdown.



     Sec. Table 3 to Subpart X of Part 63--Toxic Equivalency Factors

------------------------------------------------------------------------
                                                               Toxic
                  Dioxin/furan congener                     equivalency
                                                              factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin...............               1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin.............             0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin............             0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin............             0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin............             0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin.........            0.01
octachlorinated dibenzo-p-dioxin........................           0.001
2,3,7,8-tetrachlorinated dibenzofuran...................             0.1
2,3,4,7,8-pentachlorinated dibenzofuran.................            0.05
1,2,3,7,8-pentachlorinated dibenzofuran.................             0.5
1,2,3,4,7,8-hexachlorinated dibenzofuran................             0.1

[[Page 755]]

 
1,2,3,6,7,8-hexachlorinated dibenzofuran................             0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran................             0.1
------------------------------------------------------------------------



  Subpart Y_National Emission Standards for Marine Tank Vessel Loading 

                               Operations

    Source: 61 FR 48399, Sept. 19, 1995, unless otherwise noted.



Sec. 63.560  Applicability and designation of affected source.

    (a) Maximum achievable control technology (MACT) standards. (1) The 
provisions of this subpart pertaining to the MACT standards in Sec. 
63.562(b) and (d) of this subpart are applicable to existing and new 
sources with emissions of 10 or 25 tons, as that term is defined in 
Sec. 63.561, except as specified in paragraph (d) of this section, and 
are applicable to new sources with emissions less than 10 and 25 tons, 
as that term is defined in Sec. 63.561, except as specified in 
paragraph (d) of this section.
    (2) Existing sources with emissions less than 10 and 25 tons are not 
subject to the emissions standards in Sec. 63.562(b) and (d).
    (3) The recordkeeping requirements of Sec. 63.567(j)(4) and the 
emission estimation requirements of Sec. 63.565(l) apply to existing 
sources with emissions less than 10 and 25 tons.
    (4) Existing sources with emissions less than 10 and 25 tons must 
meet the submerged fill standards of 46 CFR 153.282. This submerged fill 
requirement does not apply to petroleum refineries.
    (b) Reasonably available control technology (RACT) standards. (1) 
The provisions of this subpart pertaining to RACT standards in Sec. 
63.562(c) and (d) of this subpart are applicable to sources with 
throughput of 10 M barrels or 200 M barrels, as that term is defined in 
Sec. 63.561, except as specified in paragraph (d) of this section.
    (2) Sources with throughput less than 10 M barrels and 200 M 
barrels, as that term is defined in Sec. 63.561, are not subject to the 
emissions standards in Sec. 63.562(c) and (d).
    (c) General Provisions applicability. Owners or operators of 
affected sources, as that term is defined in Sec. 63.561, of this 
subpart must comply with the requirements of subpart A of this part in 
accordance with the provisions for applicability of subpart A to this 
subpart in Table 1 of this section.
    (d) Exemptions from MACT and RACT standards. (1) This subpart does 
not apply to emissions resulting from marine tank vessel loading 
operations, as that term is defined in Sec. 63.561, of commodities with 
vapor pressures less than 10.3 kilopascals (kPa) (1.5 pounds per square 
inch, absolute) (psia) at standard conditions, 20 [deg]C and 760 
millimeters Hg (mm Hg).
    (2) The provisions of this subpart pertaining to the MACT standards 
in Sec. 63.562(b)(2), (3) and (4) and to the RACT standards in Sec. 
63.562(c)(3) and (4) do not apply to marine tank vessel loading 
operations where emissions are reduced by using a vapor balancing 
system, as that term is defined in Sec. 63.561. The provisions 
pertaining to the vapor collection system, ship-to-shore compatibility, 
and vapor tightness of marine tank vessels in Sec. 63.562(b)(1) and 
(c)(2) do apply.
    (3) The provisions of this subpart pertaining to the MACT standards 
in Sec. 63.562(b)(2), (3), and (4) do not apply to marine tank vessel 
loading operations that are contiguous with refinery operations at 
sources subject to and complying with subpart CC of this part, National 
Emissions Standards for Organic Hazardous Air Pollutants from Petroleum 
Refineries, except to the extent that any such provisions of this 
subpart are made applicable by subpart CC of this part.
    (4) The provisions of this subpart pertaining to the MACT standards 
in Sec. 63.562(b) and (d) do not apply to benzene emissions from marine 
tank vessel loading operations that are subject to and complying with 40 
CFR part 61, subpart BB, National Emissions Standards for Benzene 
Emissions from Benzene Transfer Operations, except that

[[Page 756]]

benzene emissions or other HAP emissions (i.e., nonbenzene HAP 
emissions) from marine tank vessel loading operations that are not 
subject to subpart BB are subject to the provisions of this subpart.
    (5) The provisions of this subpart pertaining to the MACT standards 
in Sec. 63.562(b) and (d) do not apply to marine tank vessel loading 
operations at loading berths that only transfer liquids containing 
organic HAP as impurities, as that term is defined in Sec. 63.561.
    (6) The provisions of this subpart do not apply to marine tank 
vessel loading operations at existing offshore loading terminals, as 
that term is defined in Sec. 63.561, however existing offshore loading 
terminals must meet the submerged fill standards of 46 CFR 153.282.
    (7) The provisions of this subpart do not apply to ballasting 
operations, as that term is defined in Sec. 63.561.
    (e) Compliance dates--(1) MACT standards compliance dates, except 
the Valdez Marine Terminal (VMT) source. (i) A new or existing source 
with emissions of 10 or 25 tons, except the VMT source, and a new source 
with emissions less than 10 and 25 tons, except the VMT source, that has 
an initial startup date on or before September 20, 1999 shall comply 
with the provisions of this subpart pertaining to the MACT standards in 
Sec. 63.562(b) no later than 4 years after the effective date.
    (ii) A new source with emissions of 10 or 25 tons, except the VMT 
source, and a new source with emissions less than 10 and 25 tons, except 
the VMT source, that has an initial startup date after September 20, 
1999 shall comply with provisions of this subpart pertaining to the MACT 
standards in Sec. 63.562(b) immediately upon startup.
    (iii) A source with emissions less than 10 and 25 tons that 
increases its emissions subsequent to September 20, 1999 such that it 
becomes a source with emissions of 10 or 25 tons shall comply with the 
provisions of this subpart pertaining to the MACT standards in Sec. 
63.562(b) within 3 years following the exceedance of the threshold 
level.
    (iv) Existing sources with emissions less than 10 and 25 tons, and 
existing offshore loading terminals, shall comply with the submerged 
fill requirements in paragraph (a)(4) and (d)(6) of this section by 
April 23, 2012.
    (2) RACT standards compliance dates, except the VMT source. (i) A 
source with throughput of 10 M barrels or 200 M barrels, except the VMT 
source, with an initial startup date on or before September 21, 1998 
shall comply with Sec. 63.562(c)(1) no later than 2 years after the 
effective date.
    (ii) A source with throughput of 10 M barrels or 200 M barrels, 
except the VMT source, with an initial startup date on or before 
September 21, 1998 shall comply with the provisions of this subpart 
pertaining to the RACT standards in Sec. 63.562(c) other than Sec. 
63.562(c)(1), no later than 3 years after the effective date.
    (iii) A source with throughput of 10 M barrels or 200 M barrels, 
except the VMT source, with an initial startup date after September 21, 
1998 shall comply with the provisions of this subpart pertaining to the 
RACT standards in Sec. 63.562(c) immediately upon startup.
    (iv) A source with throughput less than 10 M barrels and 200 M 
barrels that increases its throughput subsequent to September 21, 1998 
such that it becomes a source with throughput of 10 M barrels or 200 M 
barrels shall comply with the provisions of this subpart pertaining to 
the RACT standards in Sec. 63.562(c) within 3 years following the 
exceedance of the threshold levels.
    (v) A source with throughput of 10 M barrels or 200 M barrels may 
apply for approval from the Administrator for an extension of the 
compliance date of up to 1 year if it can demonstrate that the 
additional time is necessary for installation of the control device.
    (3) MACT and RACT compliance dates for the VMT source. The VMT 
source, as that term is defined in Sec. 63.561, shall comply with the 
provisions of this subpart pertaining to the MACT and RACT standards in 
Sec. 63.562(d) no later than 30 months after the effective date.

[[Page 757]]



 Table 1 to Sec.  63.560--General Provisions Applicability to Subpart Y
------------------------------------------------------------------------
                               Applies to affected
          Reference           sources in subpart Y         Comment
------------------------------------------------------------------------
63.1(a)(1)..................  Yes.................  Additional terms are
                                                     defined in Sec.
                                                     63.561; when
                                                     overlap between
                                                     subparts A and Y
                                                     occurs, subpart Y
                                                     takes precedence.
63.1(a)(2)..................  Yes
63.1(a)(3)..................  Yes
63.1(a)(4)..................  Yes.................  Subpart Y clarifies
                                                     the applicability
                                                     of each paragraph
                                                     in subpart A to
                                                     sources subject to
                                                     subpart Y in this
                                                     table.
.63.1(a)(5).................  No..................  Reserved.
63.1(a)(6)..................  Yes
63.1(a)(7)..................  Yes
63.1(a)(8)..................  Yes
63.1(a)(9)..................  No..................  Reserved.
63.1(a)(10).................  Yes
63.1(a)(11).................  Yes.................  Sec.  63.567(a)
                                                     also allows report
                                                     submissions via
                                                     facsimile and on
                                                     electronic media.
63.1(a)(12).................  Yes
63.1(a)(13).................  Yes
63.1(a)(14).................  Yes
63.1(b)(1)..................  Yes
63.1(b)(2)..................  Yes
63.1(b)(3)..................  No..................  Sec.  63.560
                                                     specifies
                                                     applicability.
63.1(c)(1)..................  Yes.................  Subpart Y clarifies
                                                     the applicability
                                                     of each paragraph
                                                     in subpart A to
                                                     sources subject to
                                                     subpart Y in this
                                                     table.
63.1(c)(2)..................  Yes.................  Subpart Y is not
                                                     applicable to area
                                                     sources.
63.1(c)(3)..................  No..................  Reserved.
63.1(c)(4)..................  Yes
63.1(c)(5)..................  No..................  Sec.  63.560
                                                     specifies
                                                     applicability.
63.1(d).....................  No..................  Reserved.
63.1(e).....................  Yes
63.2........................  Yes.................  Additional terms are
                                                     defined in Sec.
                                                     63.561; when
                                                     overlap between
                                                     subparts A and Y
                                                     occurs, subpart Y
                                                     takes precedence.
63.3........................  Yes.................  Other units used in
                                                     subpart Y are
                                                     defined in the text
                                                     of subpart Y.
63.4(a)(1)..................  Yes
63.4(a)(2)..................  Yes
63.4(a)(3)..................  Yes
63.4(a)(4)..................  No..................  Reserved.
63.4(a)(5)..................  Yes
63.4(b).....................  Yes
63.4(c).....................  Yes
63.5(a).....................  Yes
63.5(b)(1)(i)...............  Yes
63.5(b)(1)(ii)..............  No
63.5(b)(2)..................  No..................  Reserved.
63.5(b)(3)..................  Yes
63.5(b)(4)-(5)..............  No
63.5(b)(6)..................  Yes
63.5(c).....................  No..................  Reserved.
63.5(d)(1)(i)...............  No..................  See Sec.
                                                     63.566(b)(2).
63.5(d)(1)(ii)(A)(H)........  Yes
63.5(d)(1)(ii)(I)...........  No..................  Reserved.
63.5(d)(1)(ii)(J)...........  Yes
63.5(d)(1)(iii).............  Yes
63.5(d)(2)-(4)..............  Yes
63.5(e).....................  Yes
63.5(f)(1)(i) and (ii)......  Yes
63.5(f)(1)(iii) and (iv)....  No
63.5(f)(2)..................  No..................  See Sec.
                                                     63.566(c).
63.6(a)(1)..................  Yes
63.6(a)(2)..................  No..................  Sec.  63.560
                                                     specifies
                                                     applicability.
63.6(b)(1)-(5)..............  No..................  Sec.  63.560(e)
                                                     specifies
                                                     compliance dates
                                                     for sources.
63.6(b)(6)..................  No..................  Reserved.
63.6(b)(7)..................  No..................  Sec.  63.560(e)
                                                     specifies
                                                     compliance dates
                                                     for sources.
63.6(c)(1)..................  No..................  Sec.  63.560(e)
                                                     specifies
                                                     compliance dates
                                                     for sources.
63.6(c)(2)..................  No

[[Page 758]]

 
63.6(c)(3)-(4)..............  No..................  Reserved.
63.6(c)(5)..................  No..................  Sec.  63.560(e)
                                                     specifies
                                                     compliance dates
                                                     for sources.
63.6(d).....................  No..................  Reserved.
63.6(e).....................  No..................  See Sec.
                                                     63.562(e).
63.6(f)(1)..................  No.
63.6(f)(2)(i)...............  Yes
63.6(f)(2)(ii)..............  No
63.6(f)(2)(iii).............  Yes
63.6(f)(2)(iv)..............  Yes
63.6(f)(2)(v)...............  No..................  See Sec.
                                                     63.562(e)(1).
63.6(f)(3)..................  Yes
63.6(g).....................  Yes
63.6(h).....................  No..................  No opacity
                                                     monitoring is
                                                     required under
                                                     subpart Y.
63.6(i)(1)-(3)..............  Yes
63.6(i)(4)(i)(A)............  No
63.6(i)(4)(i)(B)............  Yes
63.6(i)(4)(ii)..............  No
63.6(i)(5)-(12).............  Yes
63.6(i)(13).................  No
63.6(i)(14).................  Yes
63.6(i)(15).................  No..................  Reserved.
63.6(i)(16).................  Yes
63.6(j).....................  Yes
63.7(a)(1)..................  Yes
63.7(a)(2)(i)-(iv)..........  No..................  See Sec.
                                                     63.563(b)(1).
63.7(a)(2)(v)...............  Yes
63.7(a)(2)(vi)..............  No
63.7(a)(2)(vii)-(viii)......  No..................  Reserved.
63.7(a)(2)(ix)..............  No
63.7(a)(3)..................  Yes
63.7(b).....................  Yes
63.7(c)(1)-(2)..............  Yes.................  The site-specific
                                                     test plan must be
                                                     submitted only if
                                                     requested by the
                                                     Administrator.
63.7(c)(3)(i)-(ii)(A).......  Yes
63.7(c)(3)(ii)(B)...........  No..................  See Sec.
                                                     63.565(m)(2).
63.7(c)(3)(iii).............  Yes
63.7(c)(4)..................  Yes
63.7(d).....................  Yes
63.7(e)(1)..................  No..................  See 63.563(b)(1).
                                                     Any cross reference
                                                     to 63.7(e)(1) in
                                                     any other general
                                                     provision
                                                     incorporated by
                                                     reference shall be
                                                     treated as a cross-
                                                     reference to
                                                     63.563(b)(1).
63.7(e)(2)-(4)..............  Yes.
63.7(f).....................  Yes
63.7(g)(1)..................  Yes
63.7(g)(2)..................  No..................  Reserved.
63.7(g)(3)..................  Yes
63.7(h).....................  Yes
63.8(a)(1)-(2)..............  Yes
63.8(a)(3)..................  No..................  Reserved.
63.8(a)(4)..................  Yes
63.8(b)(1)..................  Yes
63.8(b)(2)..................  No
63.8(b)(3)..................  Yes
63.8(c)(1)..................  No.
63.8(c)(2)..................  Yes
63.8(c)(3)..................  Yes
63.8(c)(4)..................  No..................  See Sec.
                                                     63.564(a)(3).
63.8(c)(5)..................  No
63.8(c)(6)..................  Yes.................  See also performance
                                                     specifications for
                                                     continuous
                                                     monitoring systems
                                                     Sec.
                                                     63.564(a)(4).
63.8(c)(7)(i)(A)-(B)........  Yes.................  See also Sec.
                                                     63.564(a)(5).
63.8(c)(7)(i)(C)............  No
63.8(c)(7)(ii)..............  Yes
63.8(c)(8)..................  No..................  See Sec.
                                                     63.564(a)(5).
63.8(d).....................  No..................  See Sec.
                                                     63.562(e)(2)(iv).
63.8(e)(1)-(4)..............  Yes
63.8(e)(5)(i)...............  Yes
63.8(e)(5)(ii)..............  No
63.8(f)(1)..................  Yes

[[Page 759]]

 
63.8(f)(2)(i)-(vii).........  Yes
63.8(f)(2)(viii)............  No
63.8(f)(2)(ix)..............  Yes
63.8(f)(3)-(6)..............  Yes
63.8(g).....................  Yes
63.9(a)(1)..................  Yes
63.9(a)(2)..................  Yes
63.9(a)(3)..................  Yes
63.9(a)(4)..................  Yes
63.9(b)(1)(i)...............  Yes
63.9(b)(1)(ii)..............  No..................  See Sec.
                                                     63.567(b)(1)
63.9(b)(1)(iii).............  Yes
63.9(b)(2)..................  No..................  See Sec.
                                                     63.567(b)(2).
63.9(b)(3)..................  No..................  See Sec.
                                                     63.567(b)(3).
63.9(b)(4)..................  No..................  See Sec.
                                                     63.567(b)(4).
63.9(b)(5)..................  No..................  See Sec.
                                                     63.567(b)(4).
63.9(c).....................  No..................  See Sec.
                                                     63.567(c).
63.9(d).....................  No
63.9(e).....................  Yes
63.9(f).....................  No
63.9(g)(1)..................  Yes
63.9(g)(2)..................  No
63.9(g)(3)..................  Yes
63.9(h)(1)-(3)..............  Yes
63.9(h)(4)..................  No..................  Reserved.
63.9(h)(5)-(6)..............  Yes
63.9(i).....................  Yes
63.9(j).....................  Yes
63.10(a)....................  Yes
63.10(b)(1).................  Yes
63.10(b)(2)(i)-(ii).........  No..................  See 63.567(m).
63.10(b)(2)(iii)............  Yes.
63.10(b)(2)(iv).............  No
63.10(b)(2)(v)..............  No
63.10(b)(2)(vi)-(xiv).......  Yes
63.10(b)(3).................  No..................  See Sec.
                                                     63.567(j)(4).
63.10(c)(1).................  Yes
63.10(c)(2)-(4).............  No..................  Reserved.
63.10(c)(5).................  Yes
63.10(c)(6).................  No..................  See Sec.
                                                     63.564(a)(5).
63.10(c)(7).................  No
63.10(c)(8).................  Yes
63.10(c)(9).................  No..................  Reserved.
63.10(c)(10)-(11)...........  No..................  See 63.567(m) for
                                                     reporting
                                                     malfunctions. Any
                                                     cross-reference to
                                                     63.10(c)(10) or
                                                     63.10(c)(11) in any
                                                     other general
                                                     provision
                                                     incorporated by
                                                     reference shall be
                                                     treated as a cross-
                                                     reference to
                                                     63.567(m).
63.10(c)(12)-(13)...........  Yes.
63.10(c)(14)................  No..................  See Sec.
                                                     63.562(d)(2)(iv).
63.10(c)(15)................  No
63.10(d)(1)-(2).............  Yes
63.10(d)(3).................  No..................  See Sec.
                                                     63.567(d).
63.10(d)(4).................  Yes
63.10(d)(5).................  No
63.(10)(e)(1)...............  Yes
63.10(e)(2)(i)..............  Yes
63.10(e)(2)(ii).............  No
63.10(e)(3)(i)-(v)..........  No..................  See Sec.  63.567(e)
63.10(e)(3)(vi).............  Yes
63.10(e)(3)(vii)-(viii).....  No..................  See Sec.  63.567(e)
63.10(e)(4).................  No
63.10(f)....................  Yes
63.11.......................  Yes
63.12-63.15.................  Yes                   ....................
------------------------------------------------------------------------


[[Page 760]]


[61 FR 48399, Sept. 19, 1995, as amended at 76 FR 22595, Apr. 21, 2011]



Sec. 63.561  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Clean Air Act or in subpart A of this part.
    Affected source means a source with emissions of 10 or 25 tons, a 
new source with emissions less than 10 and 25 tons, a new major source 
offshore loading terminal, a source with throughput of 10 M barrels or 
200 M barrels, or the VMT source, that is subject to the emissions 
standards in Sec. 63.562.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or a defense put forward by a defendant, 
regarding which the defendant has the burden of proof, and the merits of 
which are independently and objectively evaluated in a judicial or 
administrative proceeding.
    Air pollution control device or control device means a combustion 
device or vapor recovery device.
    Ballasting operations means the introduction of ballast water into a 
cargo tank of a tankship or oceangoing barge.
    Baseline operating parameter means a minimum or maximum value of a 
process parameter, established for a control device during a performance 
test where the control device is meeting the required emissions 
reduction or established as the manufacturer recommended operating 
parameter, that, if achieved by itself or in combination with one or 
more other operating parameters, determines if a control device is 
operating properly.
    Boiler means a device that combusts any fuel and produces steam or 
heats water or any other heat transfer medium. This term includes any 
duct burner that combusts fuel and is part of a combined cycle system.
    Car-seal means a seal that is placed on a device used to change the 
position of a valve (e.g., from open to closed) in such a way that the 
position of the valve cannot be changed without breaking the seal.
    Combustion device means all equipment, including, but not limited 
to, thermal incinerators, catalytic incinerators, flares, boilers, and 
process heaters used for combustion or destruction of organic vapors.
    Commenced means, with respect to construction of an air pollution 
control device, that an owner or operator has undertaken a continuous 
program of construction or that an owner or operator has entered into a 
contractual obligation to undertake and complete, within a reasonable 
time, a continuous program of construction.
    Commodity means a distinct product that a source loads onto marine 
tank vessels.
    Continuous means, with respect to monitoring, reading and recording 
(either in hard copy or computer readable form) of data values measured 
at least once every 15 minutes.
    Crude oil means a naturally occurring mixture consisting 
predominantly of hydrocarbons and/or sulfur, nitrogen, and oxygen 
derivatives of hydrocarbons that is removed from the earth in a liquid 
state or is capable of being so removed.
    Exceedance or Variance means, with respect to parametric monitoring, 
the operating parameter of the air pollution control device that is 
monitored as an indication of proper operation of the control device is 
outside the acceptable range or limits for the baseline parameter given 
in Sec. 63.563(b)(4) through (9).
    Excess emissions means, with respect to emissions monitoring, the 
concentration of the outlet stream of the air pollution control device 
is outside the acceptable range or limits for the baseline concentration 
given in Sec. 63.563(b)(4) through (9).
    Flow indicator means a device that indicates whether gas flow is 
present in a line or vent system.
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kPa (4.0 psia) or 
greater, that is used as a fuel for internal combustion engines.
    Impurity means HAP substances that are present in a commodity or 
that are produced in a process coincidentally with the primary product 
or commodity and that are 0.5 percent total HAP by weight or less. An 
impurity does not serve a useful purpose in the

[[Page 761]]

production or use of the primary product or commodity and is not 
isolated.
    Leak means a reading of 10,000 parts per million volume (ppmv) or 
greater as methane that is determined using the test methods in Method 
21, appendix A of part 60 of this chapter.
    Lightering or Lightering operation means the offshore transfer of a 
bulk liquid cargo from one marine tank vessel to another vessel.
    Loading berth means the loading arms, pumps, meters, shutoff valves, 
relief valves, and other piping and valves necessary to fill marine tank 
vessels. The loading berth includes those items necessary for an 
offshore loading terminal.
    Loading cycle means the time period from the beginning of filling a 
single marine tank vessel until commodity flow to the marine tank vessel 
ceases.
    Maintenance allowance means a period of time that an affected source 
is allowed to perform maintenance on the loading berth without 
controlling emissions from marine tank vessel loading operations.
    Marine tank vessel loading operation means any operation under which 
a commodity is bulk loaded onto a marine tank vessel from a terminal, 
which may include the loading of multiple marine tank vessels during one 
loading operation. Marine tank vessel loading operations do not include 
refueling of marine tank vessels.
    Marine vessel or Marine tank vessel means any tank ship or tank 
barge that transports liquid product such as gasoline or crude oil in 
bulk.
    Nonvapor-tight means any marine tank vessel that does not pass the 
required vapor-tightness test.
    Offshore loading terminal means a location that has at least one 
loading berth that is 0.81 km (0.5 miles) or more from the shore that is 
used for mooring a marine tank vessel and loading liquids from shore.
    Primary fuel means the fuel that provides the principal heat input 
to the device. To be considered primary, the fuel must be able to 
sustain operation of the device without the addition of other fuels.
    Process heater means a device that transfers heat liberated by 
burning fuel to fluids contained in tubes, including all fluids except 
water that are heated to produce steam.
    Recovery device means an individual unit of equipment, including, 
but not limited to, a carbon adsorber, condenser/refrigeration unit, or 
absorber that is capable of and used for the purpose of removing vapors 
and recovering liquids or chemicals.
    Routine loading means, with respect to the VMT source, marine tank 
vessel loading operations that occur as part of normal facility 
operation over a loading berth when no loading berths are inoperable due 
to maintenance.
    Secondary fuel means any fuel other than the primary fuel. The 
secondary fuel provides supplementary heat in addition to the heat 
provided by the primary fuel and is generally fired through a burner 
other than the primary burner.
    Source(s) means any location where at least one dock or loading 
berth is bulk loading onto marine tank vessels, except offshore drilling 
platforms and lightering operations.
    Source(s) with emissions less than 10 and 25 tons means major 
source(s) having aggregate actual HAP emissions from marine tank vessel 
loading operations at all loading berths as follows:
    (1) Prior to the compliance date, of less than 9.1 Mg (10 tons) of 
each individual HAP calculated on a 24-month annual average basis after 
September 19, 1997 and less than 22.7 Mg (25 tons) of all HAP combined 
calculated on a 24-month annual average basis after September 19, 1997, 
as determined by emission estimation in Sec. 63.565(l) of this subpart; 
and
    (2) After the compliance date, of less than 9.1 Mg (10 tons) of each 
individual HAP calculated annually after September 20, 1999 and less 
than 22.7 Mg (25 tons) of all HAP combined calculated annually after 
September 20, 1999, as determined by emission estimation in Sec. 
63.565(l) of this subpart.
    Source(s) with emissions of 10 or 25 tons means major source(s) 
having aggregate actual HAP emissions from marine tank vessels loading 
operations at all loading berths as follows:
    (1) Prior to the compliance date, emissions of 9.1 Mg (10 tons) or 
more of each individual HAP calculated on a 24-

[[Page 762]]

month annual average basis after September 19, 1997 or of 22.7 Mg (25 
tons) or more of all HAP combined calculated on a 24-month annual 
average basis after September 19, 1997, as determined by emission 
estimation in Sec. 63.565(l); or
    (2) After the compliance date, emissions of 9.1 Mg (10 tons) or more 
of each individual HAP calculated annually after September 20, 1999 or 
of 22.7 Mg (25 tons) or more of all HAP combined calculated annually 
after September 20, 1999, as determined by emission estimation in Sec. 
63.565(l).
    Source(s) with throughput less than 10 M barrels and 200 M barrels 
means source(s) having aggregate loading from marine tank vessel loading 
operations at all loading berths as follows:
    (1) Prior to the compliance date, of less than 1.6 billion liters 
(10 million (M) barrels) of gasoline on a 24-month annual average basis 
and of less than 32 billion liters (200 M barrels) of crude oil on a 24-
month annual average basis after September 19, 1996; and
    (2) After the compliance date, of less than 1.6 billion liters (10 M 
barrels) of gasoline annually and of less than 32 billion liters (200 M 
barrels) of crude oil annually after September 21, 1998.
    Source(s) with throughput of 10 M barrels or 200 M barrels means 
source(s) having aggregate loading from marine tank vessel loading 
operations at all loading berths as follows:
    (1) Prior to the compliance date, of 1.6 billion liters (10 M 
barrels) or more of gasoline on a 24-month annual average basis or of 32 
billion liters (200 M barrels) or more of crude oil on a 24-month annual 
average basis after September 19, 1996; or
    (2) After the compliance date, of 1.6 billion liters (10 M barrels) 
or more of gasoline annually or of 32 billion liters (200 M barrels) or 
more of crude oil annually after September 21, 1998.
    Terminal means all loading berths at any land or sea based 
structure(s) that loads liquids in bulk onto marine tank vessels.
    Twenty-four-month (24-month) annual average basis means annual HAP 
emissions, with respect to MACT standards, or annual loading throughput, 
with respect to RACT standards, from marine tank vessel loading 
operations averaged over a 24-month period.
    Valdez Marine Terminal (VMT) source means the major source that is 
permitted under the Trans-Alaska Pipeline Authorization Act (TAPAA) (43 
U.S.C. Sec. 1651 et seq.). The source is located in Valdez, Alaska in 
Prince William Sound.
    Vapor balancing system means a vapor collection system or piping 
system that is designed to collect organic HAP vapors displaced from 
marine tank vessels during marine tank vessel loading operations and 
that is designed to route the collected organic HAP vapors to the 
storage vessel from which the liquid being loaded originated or to 
compress collected organic HAP vapors and commingle with the raw feed of 
a process unit.
    Vapor collection system means any equipment located at the source, 
i.e., at the terminal, that is not open to the atmosphere, that is 
composed of piping, connections, and flow inducing devices, and that is 
used for containing and transporting vapors displaced during the loading 
of marine tank vessels to a control device or for vapor balancing. This 
does not include the vapor collection system that is part of any marine 
vessel vapor collection manifold system.
    Vapor-tight marine vessel means a marine tank vessel that has 
demonstrated within the preceding 12 months to have no leaks. A marine 
tank vessel loaded at less than atmospheric pressure is assumed to be 
vapor tight for the purpose of this standard.
    Volatile organic compounds or VOC is as defined in 40 CFR 51.100(s) 
of this chapter.

[61 FR 48399, Sept. 19, 1995, as amended at 76 FR 22596, Apr. 21, 2011]



Sec. 63.562  Standards.

    (a) The emissions limitations in paragraphs (b), (c), and (d) of 
this section apply during marine tank vessel loading operations.
    (b) MACT standards, except for the VMT source--(1)(i) Vapor 
collection system of the terminal. The owner or operator of a new source 
with emissions less than 10 and 25 tons and an existing or new source 
with emissions of 10 or 25 tons shall equip each terminal with a vapor 
collection system that is designed to collect HAP vapors displaced

[[Page 763]]

from marine tank vessels during marine tank vessel loading operations 
and to prevent HAP vapors collected at one loading berth from passing 
through another loading berth to the atmosphere, except for those 
commodities exempted under Sec. 63.560(d).
    (ii) Ship-to-shore compatibility. The owner or operator of a new 
source with emissions less than 10 and 25 tons and an existing or new 
source with emissions of 10 or 25 tons shall limit marine tank vessel 
loading operations to those vessels that are equipped with vapor 
collection equipment that is compatible with the terminal's vapor 
collection system, except for those commodities exempted under Sec. 
63.560(d).
    (iii) Vapor tightness of marine vessels. The owner or operator of a 
new source with emissions less than 10 and 25 tons and an existing or 
new source with emissions of 10 or 25 tons shall limit marine tank 
vessel loading operations to those vessels that are vapor tight and to 
those vessels that are connected to the vapor collection system, except 
for those commodities exempted under Sec. 63.560(d).
    (2) MACT standards for existing sources with emissions of 10 or 25 
tons. The owner or operator of an existing source with emissions of 10 
or 25 tons, except offshore loading terminals and the VMT source, shall 
reduce captured HAP emissions from marine tank vessel loading operations 
by 97 weight-percent, as determined using methods in Sec. 63.565 (d) 
and (l).
    (3) MACT standards for new sources. The owner or operator of a new 
source with emissions less than 10 and 25 tons or a new source with 
emissions of 10 or 25 tons, except offshore loading terminals and the 
VMT source, shall reduce HAP emissions from marine tank vessel loading 
operations by 98 weight-percent, as determined using methods in Sec. 
63.565 (d) and (l).
    (4) MACT standards for new major source offshore loading terminals. 
The owner or operator of a new major source offshore loading terminal 
shall reduce HAP emissions from marine tank vessel loading operations by 
95 weight-percent, as determined using methods in Sec. 63.565 (d) and 
(l).
    (5) Prevention of carbon adsorber emissions during regeneration. The 
owner or operator of a source subject to paragraph (b)(2), (3), or (4) 
shall prevent HAP emissions from escaping to the atmosphere from the 
regeneration of the carbon bed when using a carbon adsorber to control 
HAP emissions from marine tank vessel loading operations.
    (6) Maintenance allowance for loading berths. The owner or operator 
of a source subject to paragraph (b)(2), (3) or (4), may apply for 
approval to the Administrator for a maintenance allowance for loading 
berths based on a percent of annual throughput or annual marine tank 
vessel loading operation time for commodities not exempted in Sec. 
63.560(d). The owner or operator shall maintain records for all 
maintenance performed on the air pollution control equipment. The 
Administrator will consider the following in approving the maintenance 
allowance:
    (i) The owner or operator expects to be in violation of the 
emissions standards due to maintenance;
    (ii) Due to conditions beyond the reasonable control of the owner or 
operator, compliance with the emissions standards during maintenance 
would result in unreasonable economic hardship;
    (iii) The economic hardship cannot be justified by the resulting air 
quality benefit;
    (iv) The owner or operator has given due consideration to curtailing 
marine vessel loading operations during maintenance;
    (v) During the maintenance allowance, the owner or operator will 
endeavor to reduce emissions from other loading berths that are 
controlled as well as from the loading berth the owner or operator is 
seeking the maintenance allowance; and
    (vi) During the maintenance allowance, the owner or operator will 
monitor and report emissions from the loading berth to which the 
maintenance allowance applies.
    (c) RACT standards, except the VMT source--(1) Commencement of 
construction. The owner or operator of a source with throughput of 10 M 
barrels or 200 M barrels, except the VMT source, with an initial startup 
date on or before September 21, 1998 shall provide the Agency no later 
than 2 years after the

[[Page 764]]

effective date with proof that it has commenced construction of its 
vapor collection system and air pollution control device.
    (2)(i) Vapor collection system of the terminal. The owner or 
operator of a source with throughput of 10 M barrels or 200 M barrels 
shall equip each terminal with a vapor collection system that is 
designed to collect VOC vapors displaced from marine tank vessels during 
loading and to prevent VOC vapors collected at one loading berth from 
passing through another loading berth to the atmosphere, except for 
those commodities exempted under Sec. 63.560(d).
    (ii) Ship-to-shore compatibility. The owner or operator of a source 
with throughput of 10 M barrels or 200 M barrels shall limit marine tank 
vessel loading operations to those vessels that are equipped with vapor 
collection equipment that is compatible with the terminal's vapor 
collection system, except for those commodities exempted under Sec. 
63.560(d).
    (iii) Vapor tightness of marine vessels. The owner or operator of a 
source with throughput of 10 M barrels or 200 M barrels shall limit 
marine tank vessel loading operations to those vessels that are vapor-
tight and to those vessels that are connected to the vapor collection 
system, except for those commodities exempted under Sec. 63.560(d).
    (3) RACT standard for sources with throughput of 10 M or 200 M 
barrels, except the VMT source. The owner or operator of a source with 
throughput of 10 M barrels or 200 M barrels, except the VMT source, 
shall reduce captured VOC emissions from marine tank vessel loading 
operations by 98 weight-percent when using a combustion device or reduce 
captured VOC emissions by 95 weight-percent when using a recovery 
device, as determined using methods in Sec. 63.565(d) and (l).
    (4) The owner or operator of a source with throughput of 10 M 
barrels or 200 M barrels, except the VMT source, may meet the 
requirements of paragraph (c)(3) by reducing gasoline loading emissions 
to, at most, 1,000 ppmv outlet VOC concentration.
    (5) Prevention of carbon adsorber emissions during regeneration. The 
owner or operator of a source with throughput of 10 M barrels or 200 M 
barrels shall prevent HAP emissions from escaping to the atmosphere from 
the regeneration of the carbon bed when using a carbon adsorber to 
control HAP emissions from marine tank vessel loading operations.
    (6) Maintenance allowance for loading berths. The owner or operator 
of a source with throughput of 10 M barrels or 200 M barrels may apply 
for approval to the Administrator for a maintenance allowance for 
loading berths based on a percent of annual throughput or annual marine 
tank vessel loading operation time for commodities not exempted in Sec. 
63.560(d). The owner or operator shall maintain records for all 
maintenance performed on the air pollution control equipment. The 
Administrator will consider the following in approving the maintenance 
allowance:
    (i) The owner or operator expects to be in violation of the 
emissions standards due to maintenance;
    (ii) Due to conditions beyond the reasonable control of the owner or 
operator, compliance with the emissions standards during maintenance 
would result in unreasonable economic hardship;
    (iii) The economic hardship cannot be justified by the resulting air 
quality benefit;
    (iv) The owner or operator has given due consideration to curtailing 
marine vessel loading operations during maintenance;
    (v) During the maintenance allowance, the owner or operator will 
endeavor to reduce emissions from other loading berths that are 
controlled as well as from the loading berth the owner or operator is 
seeking the maintenance allowance; and
    (vi) During the maintenance allowance, the owner or operator will 
monitor and report emissions from the loading berth to which the 
maintenance allowance applies.
    (d) MACT and RACT standards for the VMT source--(1)(i) Vapor 
collection system of the terminal. The owner or operator of the VMT 
source shall equip each terminal subject under paragraph (d)(2) with a 
vapor collection system that is designed to collect HAP vapors displaced 
from marine tank vessels

[[Page 765]]

during marine tank vessel loading operations and to prevent HAP vapors 
collected at one loading berth from passing through another loading 
berth to the atmosphere, except for those commodities exempted under 
Sec. 63.560(d).
    (ii) Ship-to-shore compatibility. The owner or operator of the VMT 
source shall limit marine tank vessel loading operations at berths 
subject under paragraph (d)(2) of this section to those vessels that are 
equipped with vapor collection equipment that is compatible with the 
terminal's vapor collection system, except for those commodities 
exempted under Sec. 63.560(d).
    (iii) Vapor tightness of marine vessels. The owner or operator of 
the VMT source shall limit marine tank vessel loading operations at 
berths subject under paragraph (d)(2) of this section to those vessels 
that are vapor-tight and to those vessels that are connected to the 
vapor collection system, except for those commodities exempted under 
Sec. 63.560(d).
    (2) The owner or operator of the VMT source shall reduce captured 
HAP and VOC emissions by 98 weight-percent, as determined using methods 
in Sec. 63.565(d) and (l) for loading berths subject under this 
paragraph according to paragraphs (d)(2)(i), (ii), (iii), and (iv):
    (i) The owner or operator of the VMT source shall equip at least two 
loading berths and any additional berths indicated pursuant to paragraph 
(d)(2)(iii) with a vapor collection system and air pollution control 
device and shall load marine tank vessels over loading berths equipped 
with a vapor collection system and control device to the maximum extent 
practicable. The owner or operator shall equip all loading berths that 
will be used for routine loading after March 19, 1998 with a vapor 
collection system and control device if the annual average daily loading 
rate for all loading berths exceeds the limits in paragraphs 
(d)(2)(i)(A), (B), and (C) of this section.
    (A) For 1995, 1,630,000 barrels per day; and
    (B) For 1996, 1,546,000 barrels per day; and
    (C) For 1997, 1,445,000 barrels per day.
    (ii) Maximum extent practicable means that the total annual average 
daily loading over all loading berths not equipped with a vapor 
collection system and control device shall not exceed the totals in 
paragraphs (d)(2)(ii)(A) and (B):
    (A) Loading allowances for marine tank vessel loading operations at 
loading berths not equipped with control devices. The following maximum 
annual average daily loading rate for routine loading at loading berths 
not equipped with control devices in any of the following years shall 
not exceed:
    (1) For 1998, 275,000 barrels per day;
    (2) For 1999, 205,000 barrels per day;
    (3) For 2000, 118,000 barrels per day;
    (4) For 2001, 39,000 barrels per day; and
    (5) For 2002 and subsequent years, no marine tank vessel loading 
operations shall be performed at berths not equipped with a vapor 
collection system and control device, except as allowed for maintenance 
under paragraph (B).
    (B) Maintenance allowances for loading berths subject under 
paragraph (d)(2)(i). Beginning in the year 2000, the owner or operator 
of the VMT source may have a maximum of 40 calendar days per calendar 
year use of loading berths not equipped with a vapor collection system 
and control device, in accordance with the limits in paragraph 
(d)(2)(ii)(B)(a), (b), or (c), to allow for maintenance of loading 
berths subject to paragraph (d)(2)(i). Beginning in the year 2002, the 
total annual average daily loading of crude oil over all loading berths 
not equipped with a vapor collection system and control device shall not 
exceed the amount stated in paragraph (d)(2)(ii)(B)(b). The 40 days 
allowed for maintenance shall be converted into a compliance measure of 
annual average daily loading over the loading berths not equipped with a 
vapor collection system and control device as follows:
    (1) If the total annual average daily volume of crude oil loaded at 
the facility was greater than or equal to 1,100,000 barrels per day in 
the prior calendar year, the maintenance allowance shall not exceed an 
annual average daily loading of 60,000 barrels per day.

[[Page 766]]

    (2) If the total annual average daily volume of crude oil loaded at 
the facility was less than 1,100,000 barrels per day and greater than or 
equal to 550,000 barrels per day in the prior calendar year, the 
maintenance allowance for the calendar year shall not exceed 
Qm:
[GRAPHIC] [TIFF OMITTED] TR19SE95.000

Where:

Qm = maintenance allowance, barrels per day
P = prior calendar year's average daily volume of crude oil loaded at 
          the facility, barrels per day.

    (3) If the total annual average daily volume of crude oil loaded at 
the facility was less than 550,000 barrels per day in the prior calendar 
year, there shall be no maintenance allowance.
    (iii) If the average daily loading rate for the loading berths not 
equipped with a vapor collection system and control device is greater 
than the combined amounts in any year listed in paragraphs (d)(2)(i)(A), 
(B), and (C) and (d)(2)(ii)(A) and (B), then the owner or operator of 
the VMT source shall equip all loading berths used for routine loading 
with a vapor collection system and control device within 2 years of the 
exceedance except that in an emergency situation the Administrator may, 
instead of requiring controls, approve an alternative plan to reduce 
loading over the unequipped berth(s) to a level which will ensure 
compliance with the applicable limit. Beginning in the year 2002, the 
owner or operator of the VMT source shall equip all uncontrolled loading 
berths used for marine tank vessel loading operations beyond the 
maintenance allowance in paragraph (d)(2)(ii)(B) with a vapor collection 
system and control device.
    (iv) The owner or operator of the VMT source shall develop a program 
to communicate to relevant facility operations and marine transportation 
personnel and engage their active and consistent participation in 
honoring the intent and goal of minimizing loaded volumes over the 
unequipped berths and maximizing the loaded volumes at the berths 
equipped with a vapor collection system and control device to prevent 
exceedance of the load volume limits in paragraphs (d)(2)(ii)(A) and 
(B). This program is to be presented semi-annually during the first year 
of compliance and annually thereafter until the use of unequipped berths 
for routine loading is no longer required.
    (e) Operation and maintenance requirements for air pollution control 
equipment and monitoring equipment for affected sources. At all times, 
owners or operators of affected sources shall operate and maintain a 
source, including associated air pollution control equipment, in a 
manner consistent with safety and good air pollution control practices 
for minimizing emissions. Determination of whether acceptable operation 
and maintenance procedures are being used will be based on information 
available to the Administrator which may include, but is not limited to, 
monitoring results, review of operation and maintenance procedures, 
review of operation and maintenance records, and inspection of the 
source.
    (1) The Administrator will determine compliance with design, 
equipment, work practice, or operational emission standards by 
evaluating an owner or operator's conformance with operation and 
maintenance requirements.
    (2) The owner or operator of an affected source shall develop a 
written operation and maintenance plan that describes in detail a 
program of corrective action for varying (i.e., exceeding baseline 
parameters) air pollution control equipment and monitoring equipment, 
based on monitoring requirements in Sec. 63.564, used to comply with 
these emissions standards. The plan shall also identify all routine or 
otherwise predictable continuous monitoring system (thermocouples, 
pressure transducers, continuous emissions monitors (CEMS), etc.) 
variances.
    (i) The plan shall specify procedures (preventive maintenance) to be 
followed to ensure that pollution control equipment and monitoring 
equipment functions properly and variances of the control equipment and 
monitoring equipment are minimal.
    (ii) The plan shall identify all operating parameters to be 
monitored and recorded for the air pollution control device as 
indicators of proper operation and shall establish the frequency at

[[Page 767]]

which the parameters will be monitored (see Sec. 63.564).
    (iii) Owners or operators of affected sources shall incorporate a 
standardized inspection schedule for each component of the control 
device used to comply with the emissions standards in Sec. 63.562(b), 
(c), and (d). To satisfy the requirements of this paragraph, the owner 
or operator may use the inspection schedule recommended by the vendor of 
the control system or any other technical publication regarding the 
operation of the control system.
    (iv) Owners or operators shall develop and implement a continuous 
monitoring system (CMS) quality control program. The owner or operator 
shall develop and submit to the Administrator for approval upon request 
a site-specific performance evaluation test plan for the CMS performance 
evaluation required in Sec. 63.8(e) of subpart A of this part. Each 
quality control program shall include, at a minimum, a written protocol 
that describes procedures for initial and any subsequent calibration of 
the CMS; determination and adjustment of the calibration drift of the 
CMS; preventive maintenance of the CMS, including spare parts inventory; 
data recording, calculations, and reporting; and accuracy audit 
procedures, including sampling and analysis methods. The owner or 
operation shall maintain records of the procedures that are part of the 
quality control program developed and implemented for CMS.
    (3) Based on the results of the determination made under paragraph 
(e)(2), the Administrator may require that an owner or operator of an 
affected source make changes to the operation and maintenance plan for 
that source. Revisions may be required if the plan:
    (i) Does not address a variance of the air pollution control 
equipment or monitoring equipment that has occurred that increases 
emissions;
    (ii) Fails to provide for operation during a variance of the air 
pollution control equipment or the monitoring equipment in a manner 
consistent with safety and good air pollution control practices; or
    (iii) Does not provide adequate procedures for correcting a variance 
of the air pollution control equipment or monitoring equipment as soon 
as reasonable.
    (4) If the operation and maintenance plan fails to address or 
inadequately addresses a variance event at the time the plan was 
initially developed, the owner or operator shall revise the operation 
and maintenance plan within 45 working days after such an event occurs. 
The revised plan shall include procedures for operating and maintaining 
the air pollution control equipment or monitoring equipment during 
similar variance events and a program for corrective action for such 
events.
    (5) The operation and maintenance plan shall be developed by the 
source's compliance date. The owner or operator shall keep the written 
operation and maintenance plan on record to be made available for 
inspection, upon request, by the Administrator for the life of the 
source. In addition, if the operation and maintenance plan is revised, 
the owner or operator shall keep previous (i.e., superseded) versions of 
the plan on record to be made available for inspection upon request by 
the Administrator for a period of 5 years after each revision to the 
plan.
    (6) To satisfy the requirements of the operation and maintenance 
plan, the owner or operator may use the source's standard operating 
procedures (SOP) manual, an Occupational Safety and Health 
Administration (OSHA) plan, or other existing plans provided the 
alternative plans meet the requirements of this section and are made 
available for inspection when requested by the Administrator.
    (7) In response to an action to enforce the standards set forth in 
this subpart, you may assert an affirmative defense to a claim for civil 
penalties for exceedances of such standards that are caused by a 
malfunction, as defined in Sec. 63.2. Appropriate penalties may be 
assessed, however, if the respondent fails to meet its burden of proving 
all the requirements in the affirmative defense. The affirmative defense 
shall not be available for claims for injunctive relief.
    (i) To establish the affirmative defense in any action to enforce 
such a limit, the owners or operators of a facility must timely meet the 
notification requirements of paragraph

[[Page 768]]

(e)(7)(ii) of this section, and must prove by a preponderance of 
evidence that:
    (A) The excess emissions were caused by a sudden, infrequent, and 
unavoidable failure of air pollution control and monitoring equipment, 
or a process to operate in a normal and usual manner; and could not have 
been prevented through careful planning, proper design or better 
operation and maintenance practices; and did not stem from any activity 
or event that could have been foreseen and avoided, or planned for; and 
were not part of a recurring pattern indicative of inadequate design, 
operation, or maintenance;
    (B) Repairs were made as expeditiously as possible when the 
applicable emission limitations were being exceeded. Off-shift and 
overtime labor were used, to the extent practicable to make these 
repairs;
    (C) The frequency, amount and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions;
    (D) If the excess emissions resulted from a bypass of control 
equipment or a process, then the bypass was unavoidable to prevent loss 
of life, personal injury, or severe property damage;
    (E) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment, and human 
health;
    (F) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices;
    (G) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs;
    (H) At all times, the affected facility was operated in a manner 
consistent with good practices for minimizing emissions; and
    (I) The owner or operator has prepared a written root cause 
analysis, the purpose of which is to determine, correct, and eliminate 
the primary causes of the malfunction and the excess emissions resulting 
from the malfunction event at issue. The analysis shall also specify, 
using the best monitoring methods and engineering judgment, the amount 
of excess emissions that were the result of the malfunction.
    (ii) Notification. The owner or operator of the facility 
experiencing an exceedance of its emission limit(s) during a malfunction 
shall notify the Administrator by telephone or facsimile (FAX) 
transmission as soon as possible, but no later than 2 business days 
after the initial occurrence of the malfunction, if it wishes to avail 
itself of an affirmative defense to civil penalties for that 
malfunction. The owner or operator seeking to assert an affirmative 
defense shall also submit a written report to the Administrator within 
45 days of the initial occurrence of the exceedance of the standard in 
this subpart to demonstrate, with all necessary supporting 
documentation, that it has met the requirements set forth in paragraph 
(e)(7)(i) of this section. The owner or operator may seek an extension 
of this deadline for up to 30 additional days by submitting a written 
request to the Administrator before the expiration of the 45 day period. 
Until a request for an extension has been approved by the Administrator, 
the owner or operator is subject to the requirement to submit such 
report within 45 days of the initial occurrence of the exceedance.

[61 FR 48399, Sept. 19, 1995, as amended at 68 FR 37350, June 23, 2003; 
71 FR 20457, Apr. 20, 2006; 76 FR 22596, Apr. 21, 2011]



Sec. 63.563  Compliance and performance testing.

    (a) The following procedures shall be used to determine compliance 
with the emissions limits under Sec. 63.562(b)(1), (c)(2), and (d)(1):
    (1) Vent stream by-pass requirements for the terminal's vapor 
collection system. (i) In accordance with Sec. 63.562(b)(1)(i), 
(c)(2)(i), and (d)(1)(i), each valve in the terminal's vapor collection 
system that would route displaced vapors to the atmosphere, either 
directly or indirectly, shall be secured closed during marine tank 
vessel loading operations either by using a car-seal or a lock-and-key 
type configuration, or the by-pass line from the valve shall be equipped 
with a flow indicator, except for those valves used for pressure/vacuum 
relief, analyzers, instrumentation devices, sampling, and venting for

[[Page 769]]

maintenance. Marine tank vessel loading operations shall not be 
performed with open by-pass lines.
    (ii) Repairs shall be made to valves, car-seals, or closure 
mechanisms no later than 15 days after a change in the position of the 
valve or a break in the car-seal or closure mechanism is detected or no 
later than prior to the next marine tank vessel loading operation, 
whichever is later.
    (2) Ship-to-shore compatibility of vapor collection systems. 
Following the date on which the initial performance test is completed, 
marine tank vessel loading operations must be performed only if the 
marine tank vessel's vapor collection equipment is compatible to the 
terminal's vapor collection system; marine tank vessel loading 
operations must be performed only when the marine tank vessel's vapor 
collection equipment is connected to the terminal's vapor collection 
system, as required in Sec. 63.562(b)(1)(ii), (c)(2)(ii), and 
(d)(1)(ii).
    (3) Pressure/vacuum settings for the marine tank vessel's vapor 
collection equipment. During the initial performance test required in 
paragraph (b)(1) of this section, the owner or operator of an affected 
source shall demonstrate compliance with operating pressure requirements 
of 33 CFR 154.814 using the procedures in Sec. 63.565(b).
    (4) Vapor-tightness requirements of the marine vessel. The owner or 
operator of an affected source shall use the procedures in paragraph 
(a)(4)(i), (ii), (iii), or (iv) of this section to ensure that marine 
tank vessels are vapor tight, as required in Sec. 63.562(b)(1)(iii), 
(c)(2)(iii), and (d)(1)(iii).
    (i) Pressure test documentation for determining vapor tightness of 
the marine vessel. The owner or operator of a marine tank vessel, who 
loads commodities containing HAP not determined to be exempt under Sec. 
63.560(d) at an affected source, shall provide a copy of the vapor-
tightness pressure test documentation described in Sec. 63.567(i) for 
each marine tank vessel prior to loading. The date of the test listed in 
the documentation must be within the preceding 12 months, and the test 
must be conducted in accordance with the procedures in Sec. 
63.565(c)(1). Following the date on which the initial performance test 
is completed, the affected source must check vapor-tightness pressure 
test documentation for marine tank vessels loaded at positive pressure.
    (ii) Leak test documentation for determining vapor tightness of the 
marine vessel. If no documentation of the vapor tightness pressure test 
as described in paragraph (a)(4)(i) of this section is available, the 
owner or operator of a marine tank vessel, who loads commodities 
containing HAP not determined to be exempt under Sec. 63.560(d) at an 
affected source, shall provide the leak test documentation described in 
Sec. 63.567(i) for each marine tank vessel prior to loading. The date 
of the test listed in the documentation must be within the preceding 12 
months, and the test must be conducted in accordance with the procedures 
in Sec. 63.565(c)(2). If the marine tank vessel has failed its most 
recent vapor-tightness leak test at that terminal, the owner or operator 
of the non-vapor-tight marine tank vessel shall provide documentation 
that the leaks detected during the previous vapor-tightness test have 
been repaired and documented with a successful vapor-tightness leak test 
described in Sec. 63.565(c)(2) conducted during loading. If the owner 
or operator of the marine tank vessel can document that repair is 
technically infeasible without cleaning and gas freeing or dry-docking 
the vessel, the owner or operator of the affected source may load the 
marine tank vessel. Following the date on which the initial performance 
test is completed, an affected source must check the vapor-tightness 
leak test documentation for marine tank vessels loaded at positive 
pressure.
    (iii) Leak test performed during loading using Method 21 for 
determining vapor tightness of the marine vessel. If no documentation of 
vapor tightness as described in paragraphs (a)(4)(i) or (ii) of this 
section is available, the owner or operator of a marine tank vessel, who 
loads commodities containing HAP not determined to be exempt under Sec. 
63.560(d) at an affected source, shall perform a leak test of the marine 
tank vessel during marine tank vessel loading operation using the 
procedures described in Sec. 63.565(c)(2).

[[Page 770]]

    (A) If no leak is detected, the owner or operator of a marine tank 
vessel shall complete the documentation described in Sec. 63.567(i) 
prior to departure of the vessel.
    (B) If a leak is detected, the owner or operator of the marine tank 
vessel shall document the vapor-tightness failure for the marine tank 
vessel prior to departure of the vessel. The leaking component shall be 
repaired prior to the next marine tank vessel loading operation at a 
controlled terminal unless the repair is technically infeasible without 
cleaning and gas freeing or dry-docking the vessel. If the owner or 
operator of the vessel provides documentation that repair of such 
equipment is technically infeasible without cleaning and gas freeing or 
dry-docking the vessel, the equipment responsible for the leak will be 
excluded from future Method 21 tests until repairs are effected. A copy 
of this documentation shall be maintained by the owner or operator of 
the affected source. Repair of the equipment responsible for the leak 
shall occur the next time the vessel is cleaned and gas freed or dry-
docked. For repairs that are technically feasible without dry-docking 
the vessel, the owner or operator of the affected source shall not load 
the vessel again unless the marine tank vessel owner or operator can 
document that the equipment responsible for the leak has been repaired.
    (iv) Negative pressure loading. The owner or operator of an affected 
source shall ensure that a marine tank vessel is loaded with the product 
tank below atmospheric pressure (i.e., at negative gauge pressure). The 
pressure shall be measured between the facility's vapor connection and 
its manual isolation valve, and the measured pressure must be below 
atmospheric pressure. Following the date on which the initial 
performance test is completed, marine tank vessel loading operations for 
nonvapor-tight vessels must be performed below atmospheric pressure 
(i.e., at negative gauge pressure) in the product tank.
    (b) Compliance determination for affected sources. The following 
procedures shall be used to determine compliance with the emissions 
limits under Sec. 63.562(b), (c), and (d).
    (1) Initial performance test. An initial performance test shall be 
conducted using the procedures listed in Sec. 63.7 of subpart A of this 
part according to the applicability in Table 1 of Sec. 63.560, the 
procedures listed in this section, and the test methods listed in Sec. 
63.565. The initial performance test shall be conducted within 180 days 
after the compliance date for the specific affected source. During this 
performance test, sources subject to MACT standards under Sec. 
63.562(b)(2), (3), (4), and (5), and (d)(2) shall determine the 
reduction of HAP emissions, as VOC, for all combustion or recovery 
devices other than flares. Performance tests shall be conducted under 
such conditions as the Administrator specifies to the owner or operator 
based on representative performance of the affected source for the 
period being tested. Upon request, the owner or operator shall make 
available to the Administrator such records as may be necessary to 
determine the conditions of performance tests. Sources subject to RACT 
standards under Sec. 63.562(c)(3), (4), and (5), and (d)(2) shall 
determine the reduction of VOC emissions for all combustion or recovery 
devices other than flares.
    (2) Performance test exemptions. An initial performance test 
required in this section and in Sec. 63.565(d) and the continuous 
monitoring in Sec. 63.564(e) is not required in the following cases:
    (i) When a boiler or process heater with a design heat input 
capacity of 44 Megawatts or less is used to comply with Sec. 
63.562(b)(2), (3), or (4), (c)(3) or (4), or (d)(2) and the vent stream 
is used as the primary fuel or with the primary fuel;
    (ii) When a boiler or process heater with a design heat input 
capacity of 44 Megawatts or greater is used to comply with Sec. 
63.562(b)(2), (3) or (4), (c)(3) or (4), or (d)(2); or
    (iii) When a boiler subject to 40 CFR part 266, subpart H, 
``Hazardous Waste Burned in Industrial Furnaces,'' that has demonstrated 
99.99 percent destruction or recovery efficiency is used to comply with 
Sec. 63.562(b)(2), (3), or (4), (c)(3) or (4), or (d)(2).
    (3) Operation and maintenance inspections. If the 3-hour or 3-cycle 
block average operating parameters in paragraphs (b)(4) through (9) of 
this section,

[[Page 771]]

outside the acceptable operating ranges, are measured and recorded, 
i.e., variances of the pollution control device or monitoring equipment, 
the owner or operator of the affected source shall perform an 
unscheduled inspection of the control device and monitoring equipment 
and review of the parameter monitoring data. The owner or operator of 
the affected source shall perform an inspection and review when total 
parameter variance time for the control device is greater than 10 
percent of the operating time for marine tank vessel loading operations 
on a 30-day, rolling-average basis. The inspection and review shall be 
conducted within 24 hours after passing the allowable variance time of 
10 percent. The inspection checklist from the requirements of Sec. 
63.562(e)(2)(iii) and the monitoring data from requirements in 
Sec. Sec. 63.562(e)(2)(ii) and 63.564 should be used to identify any 
maintenance problems that may be associated with the variance. The 
unscheduled inspection should encompass all components of the control 
device and monitoring equipment that can be inspected while in 
operation. If any maintenance problem is identified during the 
inspection, the owner or operator of the affected source must take 
corrective action (e.g., adjustments to operating controls, etc.) as 
soon as practicable. If no immediate maintenance problems are identified 
from the inspection performed while the equipment is operating, a 
complete inspection in accordance with Sec. 63.562(e)(2) must be 
conducted prior to the next marine tank vessel loading operation and 
corrective action (e.g., replacement of defective parts) must be taken 
as soon as practicable for any maintenance problem identified during the 
complete inspection.
    (4) Combustion device, except flare. During the initial performance 
test required in paragraph (b)(1) of this section, the owner or operator 
shall determine the efficiency of and/or the outlet VOC concentration 
from the combustion device used to comply with Sec. 63.562(b)(2), (3), 
and (4), (c)(3) and (4), and (d)(2) using the test methods in Sec. 
63.565(d). The owner or operator shall comply with paragraph (b)(4)(i) 
or (ii) of this section.
    (i) Outlet VOC concentration limit for required percent combustion 
efficiency. The owner or operator shall establish as an operating 
parameter the baseline VOC concentration using the procedures described 
in Sec. 63.565(g). Following the date on which the initial performance 
test is completed, the facility shall be operated with a block average 
outlet VOC concentration as determined in Sec. 63.564(e)(1) no more 
than 20 percent above the baseline VOC concentration.
    (ii) Baseline temperature for required percent combustion 
efficiency. The owner or operator shall establish as an operating 
parameter the baseline temperature using the procedures described in 
Sec. 63.565(f). Following the date on which the initial performance 
test is completed, the facility shall be operated with the block average 
temperature as determined in Sec. 63.564(e)(2) or (3) no more than 28 
[deg]C (50 [deg]F) below the baseline temperature.
    (5) Flare. During the initial performance test required in paragraph 
(b)(1) of this section, the owner or operator shall establish that the 
flare used to comply with the emissions standards in Sec. 63.562(b)(2), 
(3), and (4), (c)(3) and (4), and (d)(2) is in compliance with the 
design requirements for flares cited in Sec. 63.565(e). Following the 
date on which the initial determination of compliance is established, 
the facility shall operate with the presence of a pilot flame in the 
flare, as determined in Sec. 63.564(f).
    (6) Carbon adsorber. During the initial performance test required in 
paragraph (b)(1) of this section, the owner or operator shall determine 
the efficiency of and/or the outlet VOC concentration from the recovery 
device used to comply with Sec. 63.562(b)(2), (3), (4), and (5), 
(c)(3), (4), and (5), and (d)(2) using the test methods in Sec. 
63.565(d). The owner or operator shall comply with paragraph (b)(6)(i) 
as well as either paragraph (b)(6)(ii) or (iii) of this section. The 
owner or operator of affected sources complying with paragraph 
(b)(6)(ii)(B) or (C) of this section shall conduct a performance test 
once each year.

[[Page 772]]

    (i) Compliance determination for carbon bed regeneration. Desorbed 
hydrocarbons from regeneration of the off-line carbon bed shall be 
vented to the on-line carbon bed.
    (ii) Baseline parameters for required percent recovery efficiency. 
The owner or operator shall comply with paragraph (b)(6)(ii)(A), (B), or 
(C) of this section.
    (A) Outlet VOC concentration limit for required percent recovery 
efficiency. The owner or operator shall establish as an operating 
parameter the baseline VOC concentration using the procedures described 
in Sec. 63.565(g). Following the date on which the initial performance 
test is completed, the facility shall be operated with a block average 
outlet VOC concentration as determined in Sec. 63.564(g)(1) no more 
than 20 percent above the baseline VOC concentration.
    (B) Carbon adsorbers with vacuum regeneration. The owner or operator 
shall establish as operating parameters the baseline regeneration time 
for the vacuum stage of carbon bed regeneration using the procedures 
described in Sec. 63.565(h) and shall establish the baseline vacuum 
pressure (negative gauge pressure) using the procedures described in 
Sec. 63.565(i). Following the date on which the initial performance 
test is completed, the facility shall be operated with block average 
regeneration time of the vacuum stage of carbon bed regeneration as 
determined in Sec. 63.564(g)(2) no more than 20 percent below the 
baseline regeneration time, and the facility shall be operated with the 
block average vacuum pressure (negative gauge pressure) as determined in 
Sec. 63.564(g)(2) no more than 20 percent above the baseline vacuum 
pressure.
    (C) Carbon adsorbers with steam regeneration. The owner or operator 
shall establish as operating parameters the baseline total stream flow 
using the procedures described in Sec. 63.565(j) and a baseline carbon 
bed temperature after cooling of the bed using the procedures in Sec. 
63.565(f)(2). Following the date on which the initial performance test 
is completed, the facility shall be operated with the total stream flow, 
as determined in Sec. 63.564(g)(3), no more than 20 percent below the 
baseline stream flow and with the carbon bed temperature (measured 
within 15 minutes after completion of the cooling cycle), as determined 
in Sec. 63.564(g)(3), no more than 10 percent or 5.6 [deg]C (10 [deg]F) 
above the baseline carbon bed temperature, whichever is less stringent.
    (iii) Outlet VOC concentration of 1,000 ppmv for gasoline loading. 
Following the date on which the initial performance test is completed, 
the facility shall operate with a block average outlet VOC concentration 
as determined in Sec. 63.564(g)(1) of no more than 1,200 ppmv VOC.
    (7) Condenser/refrigeration unit. During the initial performance 
test required in paragraph (b)(1) of this section, the owner or operator 
shall determine the efficiency of and/or the outlet VOC concentration 
from the recovery device used to comply with Sec. 63.562(b)(2), (3), 
and (4), (c)(3) and (4), and (d)(2) using the test methods in Sec. 
63.565(d). The owner or operator shall comply with either paragraph 
(b)(7)(i), (ii), or (iii) of this section.
    (i) VOC outlet concentration limit for required percent recovery 
efficiency. The owner or operator shall establish as an operating 
parameter the baseline VOC concentration using the procedures described 
in Sec. 63.565(g). Following the date on which the initial performance 
test is completed, the facility shall be operated with a block average 
outlet VOC concentration as determined in Sec. 63.564(h)(2) no more 
than 20 percent above the baseline VOC concentration.
    (ii) Baseline temperature for required percent recovery efficiency. 
The owner or operator shall establish as an operating parameter the 
baseline temperature using the procedures described in Sec. 63.565(f). 
Following the date on which the initial performance test is completed, 
the facility shall operate with a block average temperature, as 
determined in Sec. 63.564(h)(1), no more than 28 [deg]C (50 [deg]F) 
above the baseline temperature.
    (iii) Baseline parameters for 1,000 ppmv VOC concentration limit for 
gasoline loading. The owner or operator shall monitor either the outlet 
VOC concentration or the outlet temperature of the unit. For sources 
monitoring temperature, the owner or operator shall establish as an 
operating parameter the baseline temperature using the procedures 
described in Sec. 63.565(f). Following

[[Page 773]]

the date on which the initial performance test is completed, the 
facility shall operate with a block average outlet VOC concentration, as 
determined in Sec. 63.564(h)(2), of no more than 1,200 ppmv VOC or with 
a block average temperature, as determined in Sec. 63.564(h)(1), no 
more than 28 [deg]C (50 [deg]F) above the baseline temperature.
    (8) Absorber. During the initial performance test required in 
paragraph (b)(1) of this section, the owner or operator shall determine 
the efficiency of the absorber and/or the outlet VOC concentration from 
the recovery device used to comply with Sec. 63.562(b)(2), (3), and 
(4), (c)(3) and (4), and (d)(2) using the test methods in Sec. 
63.565(d). The owner or operator shall comply with either paragraph 
(b)(8)(i) or (ii) of this section.
    (i) VOC outlet concentration limit for required percent recovery 
efficiency. The owner or operator shall establish as an operating 
parameter the baseline VOC concentration using the procedures described 
in Sec. 63.565(g). Following the date on which the initial performance 
test is completed, the facility shall be operated with a block average 
outlet VOC concentration as determined in Sec. 63.564(i)(1) no more 
than 20 percent above the baseline VOC concentration.
    (ii) Baseline liquid-to-vapor ratio for required percent recovery 
efficiency. The owner or operator shall establish as an operating 
parameter the baseline liquid flow to vapor flow (L/V) ratio using the 
procedures described in Sec. 63.565(k). Following the date on which the 
initial performance test is completed, the facility shall operate with a 
block average L/V ratio, as determined in Sec. 63.564(i)(2), no more 
than 20 percent below the baseline L/V ratio.
    (9) Alternative control devices. For sources complying with Sec. 
63.562(b)(2), (3), and (4), (c)(3) and (4), and (d)(2) with the use of a 
control technology other than the devices discussed in paragraphs (b)(4) 
through (8) of this section, the owner or operator of an affected source 
shall provide to the Administrator information describing the design and 
operation of the air pollution control system, including recommendations 
for the operating parameter(s) to be monitored to indicate proper 
operation and maintenance of the air pollution control system. Based on 
this information, the Administrator shall determine the operating 
parameter(s) to be established during the performance test. During the 
initial performance test required in paragraph (b)(1) of this section, 
the owner or operator shall determine the efficiency of the air 
pollution control system using the test methods in Sec. 63.565(d). The 
device shall achieve at least the percent destruction efficiency or 
recovery efficiency required under Sec. 63.562(b)(2), (3), and (4), 
(c)(3) and (4), and (d)(2). The owner or operator shall establish the 
operating parameter(s) approved by the Administrator. Following the date 
on which the initial performance test is complete, the facility shall 
operate either above or below a maximum or minimum operating parameter, 
as appropriate.
    (10) Emission estimation. The owner or operator of a source subject 
to Sec. 63.562(b)(2), (3), and (4) shall use the emission estimation 
procedures in Sec. 63.565(l) to calculate HAP emissions.
    (c) Leak detection and repair for vapor collection systems and 
control devices. The following procedures are required for all sources 
subject to Sec. 63.562(b), (c), or (d).
    (1) Annual leak detection and repair for vapor collection systems 
and control devices. The owner or operator of an affected source shall 
inspect and monitor all ductwork and piping and connections to vapor 
collection systems and control devices once each calendar year using 
Method 21.
    (2) Ongoing leak detection and repair for vapor collection systems 
and control devices. If evidence of a potential leak is found by visual, 
audible, olfactory, or any other detection method, all ductwork and 
piping and connections to vapor collection systems and control devices 
shall be inspected to the extent necessary to positively identify the 
potential leak and any potential leaks shall be monitored within 5 days 
by Method 21. Each detection of a leak shall be recorded, and the leak 
shall be tagged until repaired.
    (3) When a leak is detected, a first effort to repair the vapor 
collection system and control device shall be made

[[Page 774]]

within 15 days or prior to the next marine tank vessel loading 
operation, whichever is later.

[61 FR 48399, Sept. 19, 1995, as amended at 76 FR 22597, Apr. 21, 2011]



Sec. 63.564  Monitoring requirements.

    (a)(1) The owner or operator of an affected source shall comply with 
the monitoring requirements in Sec. 63.8 of subpart A of this part in 
accordance with the provisions for applicability of subpart A to this 
subpart in Table 1 of Sec. 63.560 and the monitoring requirements in 
this section.
    (2) Each owner or operator of an affected source shall monitor the 
parameters specified in this section. All monitoring equipment shall be 
installed such that representative measurements of emissions or process 
parameters from the source are obtained. For monitoring equipment 
purchased from a vendor, verification of the operational status of the 
monitoring equipment shall include completion of the manufacturer's 
written specifications or recommendations for installation, operation, 
and calibration of the system.
    (3) Except for system breakdowns, out-of-control periods, repairs, 
maintenance periods, calibration checks, and zero (low-level) and high-
level calibration drift adjustments, all continuous parametric 
monitoring systems (CPMS) and CEMS shall be in continuous operation 
while marine tank vessel loading operations are occuring and shall meet 
minimum frequency of operation requirements. Sources monitoring by use 
of CEMS and CPMS shall complete a minimum of one cycle of operation 
(sampling, analyzing, and/or data recording) for each successive 15-
minute period.
    (4) The owner or operator of a CMS installed in accordance with 
these emissions standards shall comply with the performance 
specifications either in performance specification (PS) 8 in 40 CFR part 
60, appendix B for CEMS or in Sec. 63.7(c)(6) of subpart A of this part 
for CPMS.
    (5) A CEMS is out of control when the measured values (i.e., daily 
calibrations, multipoint calibrations, and performance audits) exceed 
the limits specified in either PS 8 or in Sec. 63.8(c)(7) of subpart A 
of this part. The owner or operator of a CEMS that is out of control 
shall submit all information concerning out of control periods, 
including start and end dates and hours and descriptions of corrective 
actions taken, in the excess emissions and continuous monitoring system 
performance report required in Sec. 63.567(e).
    (b) Vapor collection system of terminal. Owners or operators of a 
source complying with Sec. 63.563(a)(1) that uses a vapor collection 
system that contains valves that could divert a vent stream from a 
control device used to comply with the provisions of this subpart shall 
comply with paragraph (b)(1), (2), or (3) of this section.
    (1) Measure and record the vent stream flowrate of each by-pass line 
once every 15 minutes. The owner or operator shall install, calibrate, 
maintain, and operate a flow indicator and data recorder. The flow 
indicator shall be installed immediately downstream of any valve (i.e., 
entrance to by-pass line) that could divert the vent stream from the 
control device to the atmosphere.
    (2) Measure the vent stream flowrate of each by-pass line once every 
15 minutes. The owner or operator shall install, calibrate, maintain, 
and operate a flow indicator with either an audio or visual alarm. The 
flow indicator and alarm shall be installed immediately downstream of 
any valve (i.e., entrance to by-pass line) that could divert the vent 
stream from the control device to the atmosphere. The alarm shall be 
checked every 6 months to demonstrate that it is functioning properly.
    (3) Visually inspect the seal or closure mechanism once during each 
marine tank vessel loading operation and at least once every month to 
ensure that the valve is maintained in the closed position and that the 
vent stream is not diverted through the by-pass line; record all times 
when the car seals have been broken and the valve position has been 
changed. Each by-pass line valve shall be secured in the closed position 
with a car-seal or a lock-and-key type configuration.
    (c) Pressure/vacuum settings for the marine tank vessel's vapor 
collection equipment. Owners or operators of a source complying with 
Sec. 63.563(a)(3) shall

[[Page 775]]

measure continuously the operating pressure of the marine tank vessel 
during loading.
    (d) Loading at negative pressure. Owners or operators of a source 
complying with Sec. 63.563(a)(4)(iv) that load vessels at less than 
atmospheric pressure (i.e., negative gauge pressure) shall measure and 
record the loading pressure. The owner or operator shall install, 
calibrate, maintain, and operate a recording pressure measurement device 
(magnehelic gauge or equivalent device) and an audible and visible alarm 
system that is activated when the pressure vacuum specified in Sec. 
63.563(a)(4)(iv) is not attained. The owner or operator shall place the 
alarm system so that it can be seen and heard where cargo transfer is 
controlled. The owner or operator shall verify the accuracy of the 
pressure device once each calendar year with a reference pressure 
monitor (traceable to National Institute of Standards and Technology 
(NIST) standards or an independent pressure measurement device dedicated 
for this purpose).
    (e) Combustion device, except flare. For sources complying with 
Sec. 63.563(b)(4), use of a combustion device except a flare, the owner 
or operator shall comply with paragraph (e)(1), (2), or (3) of this 
section. Owners or operators complying with paragraphs (e)(2) or (3) 
shall also comply with paragraph (e)(4) of this section.
    (1) Outlet VOC concentration. Monitor the VOC concentrations at the 
exhaust point of the combustion device and record the output from the 
system. For sources monitoring the outlet VOC concentration established 
during the performance test, a data acquisition system shall record a 
concentration every 15 minutes and shall compute and record an average 
concentration each cycle (same time period or cycle as the performance 
test) and a 3-cycle block average concentration every third cycle. For 
sources monitoring the 1,000 ppmv VOC concentration for gasoline 
loading, a data acquisition system shall record a concentration every 15 
minutes and shall compute and record an average concentration each hour 
and a 3-hour block average concentration every third hour. The owner or 
operator will install, calibrate, operate, and maintain a CEMS 
consistent with the requirements of PS 8 to measure the VOC 
concentration. The daily calibration requirements are required only on 
days when marine tank vessel loading operations occur.
    (2) Operating temperature determined during performance testing. If 
the baseline temperature was established during the performance test, 
the data acquisition system shall record the temperature every 15 
minutes and shall compute and record an average temperature each cycle 
(same time period or cycle of the performance test) and a 3-cycle block 
average every third cycle.
    (3) Manufacturer's recommended operating temperature. If the 
baseline temperature is based on the manufacturer recommended operating 
temperature, the data acquisition system shall record the temperature 
every 15 minutes and shall compute and record an average temperature 
each hour and a 3-hour block average every third hour.
    (4) Temperature monitor. The owner or operator shall install, 
calibrate, operate, and maintain a temperature monitor accurate to 
within 5.6 [deg]C (10 
[deg]F) or within 1 percent of the baseline temperature, whichever is 
less stringent, to measure the temperature. The monitor shall be 
installed at the exhaust point of the combustion device but not within 
the combustion zone. The owner or operator shall verify the accuracy of 
the temperature monitor once each calendar year with a reference 
temperature monitor (traceable to National Institute of Standards and 
Technology (NIST) standards or an independent temperature measurement 
device dedicated for this purpose). During accuracy checking, the probe 
of the reference device shall be at the same location as that of the 
temperature monitor being tested.
    (f) Flare. For sources complying with Sec. 63.563(b)(5), use of a 
flare, the owner or operator shall monitor and record continuously the 
presence of the flare pilot flame. The owner or operator shall install, 
calibrate, maintain, and operate a heat sensing device (an ultraviolet 
beam sensor or thermocouple) at the pilot light to indicate the presence 
of a flame during the entire loading cycle.

[[Page 776]]

    (g) Carbon adsorber. For sources complying with Sec. 63.563(b)(6), 
use of a carbon adsorber, the owner or operator shall comply with 
paragraph (g)(1), (2), or (3) of this section.
    (1) Outlet VOC concentration. Monitor the VOC concentrations at the 
exhaust point of each carbon adsorber unit and record the output from 
the system. For sources monitoring the outlet VOC concentration 
established during the performance test, a data acquisition system shall 
record a concentration every 15 minutes and shall compute and record an 
average concentration each cycle (same time period or cycle as the 
performance test) and a 3-cycle block average concentration every third 
cycle. For sources monitoring the 1,000 ppmv VOC concentration for 
gasoline loading, a data acquisition system shall record a concentration 
every 15 minutes and shall compute and record an average concentration 
each hour and a 3-hour block average concentration every third hour. The 
owner or operator will install, calibrate, operate, and maintain a CEMS 
consistent with the requirements of PS 8 to measure the VOC 
concentration. The daily calibration requirements are required only on 
days when marine tank vessel loading operations occur.
    (2) Carbon adsorbers with vacuum regeneration. Monitor and record 
the regeneration time for carbon bed regeneration and monitor and record 
continuously the vacuum pressure of the carbon bed regeneration cycle. 
The owner or operator will record the time when the carbon bed 
regeneration cycle begins and when the cycle ends for a single carbon 
bed and will calculate a 3-cycle block average every third cycle. The 
owner or operator shall install, calibrate, maintain, and operate a 
recording pressure measurement device (magnehelic gauge or equivalent 
device). A data acquisition system shall record and compute a 3-cycle 
(carbon bed regeneration cycle) block average vacuum pressure every 
third cycle. The owner or operator shall verify the accuracy of the 
pressure device once each calendar year with a reference pressure 
monitor (traceable to National Institute of Standards and Technology 
(NIST) standards or an independent pressure measurement device dedicated 
for this purpose). During accuracy checking, the probe of the reference 
device shall be at the same location as that of the pressure monitor 
being tested.
    (3) Carbon adsorbers with steam regeneration. Monitor and record the 
total stream mass flow and monitor and record the carbon bed temperature 
after regeneration (but within 15 minutes of completion of the cooling 
cycle). The owner or operator will install, calibrate, maintain, and 
operate an integrating stream flow monitoring device that is accurate 
within 10 percent and that is capable of recording 
the total stream mass flow for each regeneration cycle. The owner or 
operator will install, calibrate, maintain, and operate a temperature 
monitor accurate to within 5.6 [deg]C (10 [deg]F) 
or within 1 percent of the baseline carbon bed temperature, whichever is 
less stringent, to measure the carbon bed temperature. The monitor shall 
be installed at the exhaust point of the carbon bed. The data 
acquisition system shall record the carbon bed temperature after each 
cooling cycle (measured within 15 minutes of completion of the cooling 
cycle). The owner or operator shall verify the accuracy of the 
temperature monitor once each calendar year with a reference temperature 
monitor (traceable to National Institute of Standards and Technology 
(NIST) standards or an independent temperature measurement device 
dedicated for this purpose). During accuracy checking, the probe of the 
reference device shall be at the same location as that of the 
temperature monitor being tested.
    (h) Condenser/refrigeration unit. For sources complying with Sec. 
63.563(b)(7), use of a condenser/refrigeration unit, the owner or 
operator shall comply with either paragraph (h)(1) or (2) of this 
section.
    (1) Baseline temperature. Monitor and record the temperature at the 
outlet of the unit. The owner or operator shall install, calibrate, 
operate, and maintain a temperature monitor accurate to within 5.6 [deg]C (10 [deg]F) or within 1 
percent of the baseline temperature, whichever is less stringent, to 
measure the temperature. The monitor shall be installed at the exhaust 
point of the

[[Page 777]]

condenser/refrigeration unit. For sources monitoring the temperature 
established during the performance test, the data acquisition system 
shall record the temperature every 15 minutes and shall compute and 
record an average temperature each cycle (same time period or cycle of 
the performance test) and a 3-hour block average every third cycle. For 
sources monitoring the manufacturer recommended temperature, the data 
acquisition system shall record the temperature every 15 minutes and 
shall compute and record an average temperature each hour and a 3-hour 
block average every third hour. The owner or operator shall verify the 
accuracy of the temperature monitor once each calendar year with a 
reference temperature monitor (traceable to National Institute of 
Standards and Technology (NIST) standards or an independent temperature 
measurement device dedicated for this purpose). During accuracy 
checking, the probe of the reference device shall be at the same 
location as that of the temperature monitor being tested.
    (2) Outlet VOC concentration. Monitor the VOC concentrations at the 
outlet of the unit and record the output from the system. For sources 
monitoring the outlet VOC concentration established during the 
performance test, a data acquisition system shall record a concentration 
every 15 minutes and shall compute and record an average concentration 
each cycle (same time period or cycle as the performance test) and a 3-
cycle block average concentration every third cycle. For sources 
monitoring the 1,000 ppmv VOC concentration for gasoline loading, a data 
acquisition system shall record a concentration every 15 minutes and 
shall compute and record an average concentration each hour and a 3-hour 
block average concentration every third hour. The owner or operator will 
install, calibrate, operate, and maintain a VOC CEMS consistent with the 
requirements of PS 8 to measure the VOC concentration. The daily 
calibration requirements are required only on days when marine tank 
vessel loading operations occur.
    (i) Absorber. For sources complying with Sec. 63.563(b)(8), use of 
an absorber, the owner or operator shall comply with either paragraph 
(i)(1) or (2) of this section.
    (1) Outlet VOC concentration. Monitor the VOC concentrations at the 
outlet of the absorber and record the output from the system. For 
sources monitoring the outlet VOC concentration established during the 
performance test, a data acquisition system shall record a concentration 
every 15 minutes and shall compute and record an average concentration 
each cycle (same time period or cycle as the performance test) and a 3-
cycle block average concentration every third cycle. For sources 
monitoring the 1,000 ppmv VOC concentration for gasoline loading, a data 
acquisition system shall record a concentration every 15 minutes and 
shall compute and record an average concentration each hour and a 3-hour 
block average concentration every third hour. The owner or operator will 
install, calibrate, operate, and maintain a VOC CEMS consistent with the 
requirements of PS 8. The daily calibration requirements are required 
only on days when marine tank vessel loading operations occur.
    (2) L/V ratio. Monitor and record the inlet liquid flowrate and the 
inlet gas flowrate to the absorber and record the calculated L/V ratio. 
The owner or operator shall install, calibrate, maintain, and operate 
liquid and gas flow indicators. For sources monitoring the L/V ratio 
established during the performance test, a data acquisition system shall 
record the flowrates and calculated ratio every 15 minutes and shall 
compute and record an average ratio each cycle (same time period or 
cycle as the performance test) and a 3-cycle block average ratio every 
third cycle. For sources monitoring the manufacturer recommended L/V 
ratio, a data acquisition system shall record the flowrates and 
calculated ratio every 15 minutes and shall compute and record an 
average ratio each hour and a 3-hour average ratio every third hour. The 
liquid and gas flow indicators shall be installed immediately upstream 
of the respective inlet lines to the absorber.
    (j) Alternate monitoring procedures. Alternate procedures to those 
described

[[Page 778]]

in this section may be used upon application to, and approval by, the 
Administrator. The owner or operator shall comply with the procedures 
for use of an alternative monitoring method in Sec. 63.8(f).



Sec. 63.565  Test methods and procedures.

    (a) Performance testing. The owner or operator of an affected source 
in Sec. 63.562 shall comply with the performance testing requirements 
in Sec. 63.7 of subpart A of this part in accordance with the 
provisions for applicability of subpart A to this subpart in Table 1 of 
Sec. 63.560 and the performance testing requirements in this section.
    (b) Pressure/vacuum settings of marine tank vessel's vapor 
collection equipment. For the purpose of determining compliance with 
Sec. 63.563(a)(3), the following procedures shall be used:
    (1) Calibrate and install a pressure measurement device (liquid 
manometer, magnehelic gauge, or equivalent instrument) capable of 
measuring up to the maximum relief set pressure of the pressure-vacuum 
vents;
    (2) Connect the pressure measurement device to a pressure tap in the 
terminal's vapor collection system, located as close as possible to the 
connection with the marine tank vessel; and
    (3) During the performance test required in Sec. 63.563(b)(1), 
record the pressure every 5 minutes while a marine tank vessel is being 
loaded and record the highest instantaneous pressure and vacuum that 
occurs during each loading cycle.
    (c) Vapor-tightness test procedures for the marine tank vessel. When 
testing a vessel for vapor tightness to comply with the marine vessel 
vapor-tightness requirements of Sec. 63.563(a)(4)(i), the owner or 
operator of a source shall use the methods in either paragraph (c)(1) or 
(2) in this section.
    (1) Pressure test for the marine tank vessel. (i) Each product tank 
shall be pressurized with dry air or inert gas to no more than the 
pressure of the lowest pressure relief valve setting.
    (ii) Once the pressure is obtained, the dry air or inert gas source 
shall be shut off.
    (iii) At the end of one-half hour, the pressure in the product tank 
and piping shall be measured. The change in pressure shall be calculated 
using the following formula:

P=Pi-Pf

Where:

P=change in pressure, inches of water.
Pi=pressure in tank when air/gas source is shut off, inches 
          of water.
Pf=pressure in tank at the end of one-half hour after air/gas 
          source is shut off, inches of water.

    (iv) The change in pressure, P, shall be compared to the pressure 
drop calculated using the following formula:

PM=0.861 Pia L/V

Where:

PM=maximum allowable pressure change, inches of water.
Pia=pressure in tank when air/gas source is shut off, psia.
L=maximum permitted loading rate of vessel, barrels per hour.
V=total volume of product tank, barrels.

    (v) If P<=PM, the vessel is vapor tight.
    (vi) If Pj=FKVs CVOC

Where:

Mj=mass of VOC at the inlet and outlet of the combustion or 
          recovery device during testing interval j, kilograms (kg).
F=10-6=conversion factor, (cubic meters VOC/cubic meters 
          air)(1/ppmv) (m\3\ VOC/m\3\ air)(1/ppmv).
K=density, kilograms per cubic meter (kg/m\3\ VOC), standard conditions, 
          20 [deg]C and 760 mm Hg.
Vs=volume of air-vapor mixture at the inlet and outlet of the 
          combustion or recovery device, cubic meters (m\3\) at standard 
          conditions, 20 [deg]C and 760 mm Hg.
CVOC=VOC concentration (as measured) at the inlet and outlet 
          of the combustion or recovery device, ppmv, dry basis.
s=standard conditions, 20 [deg]C and 760 mm Hg.

    (7) The VOC mass emission rates at the inlet and outlet of the 
recovery or combustion device shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR19SE95.001

Where:

Ei, Eo=mass flow rate of VOC at the inlet (i) and 
          outlet (o) of the recovery or combustion device, kilogram per 
          hour (kg/hr).
Mij, Moj=mass of VOC at the inlet (i) or outlet 
          (o) during testing interval j, kg.
T=Total time of all testing intervals, hour.
n=number of testing intervals.

    (8) Where Method 25 or 25A is used to measure the percent reduction 
in VOC, the percent reduction across the combustion or recovery device 
shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR19SE95.002

Where:

R=control efficiency of control device, percent.
Ei=mass flow rate of VOC at the inlet to the combustion or 
          recovery device as calculated under paragraph (c)(7) of this 
          section, kg/hr.
Eo=mass flow rate of VOC at the outlet of the combustion or 
          recovery device, as calculated under paragraph (c)(7) of this 
          section, kg/hr.

    (9) Repeat the procedures in paragraph (d)(1) through (d)(8) of this 
section 3 times. The arithmetic average percent efficiency of the three 
runs shall determine the overall efficiency of the control device.
    (10) Use of methods other than Method 25 or Method 25A shall be 
validated pursuant to Method 301 of appendix A of part 63 of this 
chapter.
    (e) Performance test for flares. When a flare is used to comply with 
Sec. 63.562(b)(2), (3), and (4), (c)(3) and (4),

[[Page 780]]

and (d)(2), the source must demonstrate that the flare meets the 
requirements of Sec. 63.11 of subpart A of this part. In addition, a 
performance test according to Method 22 of appendix A of part 63 shall 
be performed to determine visible emissions. The observation period 
shall be at least 2 hours and shall be conducted according to Method 22. 
Performance testing shall be conducted during three complete loading 
cycles with a separate test run for each loading cycle. The observation 
period for detecting visible emissions shall encompass each loading 
cycle. Integrated sampling to measure process vent stream flow rate 
shall be performed continuously during each loading cycle. The owner or 
operator shall record all visible emission readings, heat content 
determinations, flow rate measurements, maximum permitted velocity 
calculations, and exit velocity determinations made during the 
performance test.
    (f) Baseline temperature. The procedures in this paragraph shall be 
used to determine the baseline temperature required in Sec. 
63.563(b)(4), (6), and (7) for combustion devices, carbon adsorber beds, 
and condenser/refrigeration units, respectively, and to monitor the 
temperature as required in Sec. 63.564(e), (g), and (h). The owner or 
operator shall comply with either paragraph (f)(1) or (2) of this 
section.
    (1) Baseline temperature from performance testing. The owner or 
operator shall establish the baseline temperature as the temperature at 
the outlet point of the unit averaged over three test runs from 
paragraph (d) of this section. Temperature shall be measured every 15 
minutes.
    (2) Baseline temperature from manufacturer. The owner or operator 
shall establish the baseline temperature as the manufacturer recommended 
minimum operating temperature for combustion devices, maximum operating 
temperature for condenser units, and maximum operating temperature for 
carbon beds of carbon adsorbers.
    (g) Baseline outlet VOC concentration. The procedures in this 
paragraph shall be used to determine the outlet VOC concentration 
required in Sec. 63.563(b)(4), (6), (7), and (8) for combustion devices 
except flare, carbon adsorbers, condenser/refrigeration units, and 
absorbers, respectively, and to monitor the VOC concentration as 
required in Sec. 63.564(e), (g), (h), and (i). The owner or operator 
shall use the procedures outlined in Method 25A. For the baseline VOC 
concentration, the arithmetic average of the outlet VOC concentration 
from three test runs from paragraph (d) of this section shall be 
calculated for the control device. The VOC concentration shall be 
measured at least every 15 minutes. Compliance testing of VOC CEMS shall 
be performed using PS 8.
    (h) Baseline regeneration time for carbon bed regeneration. The 
procedures in this paragraph shall be used to demonstrate the baseline 
regeneration time for the vacuum stage of carbon bed regeneration 
required in Sec. 63.563(b)(6) for a carbon adsorber and to monitor the 
regeneration time for the vacuum regeneration as required in Sec. 
63.564(g). The owner or operator shall comply with paragraph (h)(1) or 
(2).
    (1) Baseline regeneration time from performance testing. The owner 
or operator shall establish the baseline regeneration time as the length 
of time for the vacuum stage of carbon bed regeneration averaged over 
three test runs from paragraph (d) of this section.
    (2) Baseline regeneration time from manufacturer recommendation. The 
owner or operator shall establish the baseline regeneration time as the 
manufacturer recommended minimum regeneration time for the vacuum stage 
of carbon bed regeneration.
    (i) Baseline vacuum pressure for carbon bed regeneration. The 
procedures in this paragraph shall be used to demonstrate the baseline 
vacuum pressure for the vacuum stage of carbon bed regeneration required 
in Sec. 63.563(b)(6) for a carbon adsorber and to monitor the vacuum 
pressure as required in Sec. 63.564(g). The owner or operator shall 
establish the baseline vacuum pressure as the manufacturer recommended 
minimum vacuum for carbon bed regeneration.
    (j) Baseline total stream flow. The procedures in this paragraph 
shall be used to demonstrate the baseline total stream flow for steam 
regeneration required in Sec. 63.563(b)(6) for a carbon adsorber and to 
monitor the total stream flow as required in Sec. 63.564(g). The owner 
or operator shall establish

[[Page 781]]

the baseline stream flow as the manufacturer recommended minimum total 
stream flow for carbon bed regeneration.
    (k) Baseline L/V ratio. The procedures in this paragraph shall be 
used to determine the baseline L/V ratio required in Sec. 63.563(b)(8) 
for an absorber and to monitor the L/V ratio as required in Sec. 
63.564(i). The owner or operator shall comply with either paragraph 
(k)(1) or (2) of this section.
    (1) Baseline L/V ratio from performance test. The owner or operator 
shall establish the baseline L/V ratio as the calculated value of the 
inlet liquid flow divided by the inlet gas flow to the absorber averaged 
over three test runs using the procedures in paragraph (d) of this 
section.
    (2) Baseline L/V ratio from manufacturer. The owner or operator 
shall establish the baseline L/V ratio as the manufacturer recommended 
minimum L/V ratio for absorber operation.
    (l) Emission estimation procedures. For sources with emissions less 
than 10 or 25 tons and sources with emissions of 10 or 25 tons, the 
owner or operator shall calculate an annual estimate of HAP emissions, 
excluding commodities exempted by Sec. 63.560(d), from marine tank 
vessel loading operations. Emission estimates and emission factors shall 
be based on test data, or if test data is not available, shall be based 
on measurement or estimating techniques generally accepted in industry 
practice for operating conditions at the source.
    (m) Alternate test procedures. (1) Alternate test procedures to 
those described in this section may be used upon application to, and 
approval by, the Administrator.
    (2) If the owner or operator intends to demonstrate compliance by 
using an alternative to any test method specified, the owner or operator 
shall refrain from conducting the performance test until the 
Administrator approves the use of the alternative method when the 
Administrator approves the site-specific test plan (if review of the 
site-specific test plan is requested) or until after the alternative 
method is approved (see Sec. 63.7(f) of subpart A of this part). If the 
Administrator does not approve the site-specific test plan (if review is 
requested) or the use of the alternative method within 30 days before 
the test is scheduled to begin, the performance test dates specified in 
Sec. 63.563(b)(1) shall be extended such that the owner or operator 
shall conduct the performance test within 60 calendar days after the 
Administrator approves the site-specific test plan or after use of the 
alternative method is approved. Notwithstanding the requirements in the 
preceding two sentences, the owner or operator may proceed to conduct 
the performance test as required in this section (without the 
Administrator's prior approval of the site-specific test plan) if he/she 
subsequently chooses to use the specified testing and monitoring methods 
instead of an alternative.



Sec. 63.566  Construction and reconstruction.

    (a) The owner or operator of an affected source shall fulfill all 
requirements for construction or reconstruction of a source in Sec. 
63.5 of subpart A of this part in accordance with the provisions for 
applicability of subpart A to this subpart in Table 1 of Sec. 63.560 
and construction or reconstruction requirements in this section.
    (b)(1) Application for approval of construction or reconstruction. 
The provisions of this paragraph and Sec. 63.5(d)(1)(ii) and (iii), 
(2), (3), and (4) of subpart A implement section 112(i)(1) of the Act.
    (2) General application requirements. An owner or operator who is 
subject to the requirements of Sec. 63.5(b)(3) of subpart A shall 
submit to the Administrator an application for approval of the 
construction of a new source, the reconstruction of a source, or the 
reconstruction of a source not subject to the emissions standards in 
Sec. 63.562 such that the source becomes an affected source. The 
application shall be submitted as soon as practicable before the 
construction or reconstruction is planned to commence. The application 
for approval of construction or reconstruction may be used to fulfill 
the initial notification requirements of Sec. 63.567(b)(3). The owner 
or operator may submit the application for approval well in advance of 
the date construction or reconstruction is planned

[[Page 782]]

to commence in order to ensure a timely review by the Administrator and 
that the planned commencement date will not be delayed.
    (c) Approval of construction or reconstruction based on prior State 
preconstruction review. The owner or operator shall submit to the 
Administrator the request for approval of construction or reconstruction 
under this paragraph and Sec. 63.5(f)(1) of subpart A of this part no 
later than the application deadline specified in paragraph (b)(2) of 
this section. The owner or operator shall include in the request 
information sufficient for the Administrator's determination. The 
Administrator will evaluate the owner or operator's request in 
accordance with the procedures specified in Sec. 63.5(e) of subpart A 
of this part. The Administrator may request additional relevant 
information after the submittal of a request for approval of 
construction or reconstruction.



Sec. 63.567  Recordkeeping and reporting requirements.

    (a) The owner or operator of an affected source shall fulfill all 
reporting and recordkeeping requirements in Sec. Sec. 63.9 and 63.10 of 
subpart A of this part in accordance with the provisions for 
applicability of subpart A to this subpart in Table 1 of Sec. 63.560 
and fulfill all reporting and recordkeeping requirements in this 
section. These reports will be made to the Administrator at the 
appropriate address identified in Sec. 63.13 of subpart A of this part.
    (1) Reports required by subpart A and this section may be sent by 
U.S. mail, facsimile (fax), or by another courier.
    (i) Submittals sent by U.S. mail shall be postmarked on or before 
the specified date.
    (ii) Submittals sent by other methods shall be received by the 
Administrator on or before the specified date.
    (2) If acceptable to both the Administrator and the owner or 
operator of a source, reports may be submitted on electronic media.
    (b) Notification requirements. The owner or operator of an affected 
source shall fulfill all notification requirements in Sec. 63.9 of 
subpart A of this part in accordance with the provisions for 
applicability of that section to this subpart in Table 1 of Sec. 63.560 
and the notification requirements in this paragraph.
    (1) Applicability. If a source that otherwise would not be subject 
to the emissions standards subsequently increases its HAP emissions 
calculated on a 24-month annual average basis after September 19, 1997 
or increases its annual HAP emissions after September 20, 1999 or 
subsequently increases its gasoline or crude loading throughput 
calculated on a 24-month annual average basis after September 19, 1996 
or increases its gasoline or crude loading annual throughput after 
September 21, 1998 such that the source becomes subject to the emissions 
standards, such source shall be subject to the notification requirements 
of Sec. 63.9 of subpart A of this part and the notification 
requirements of this paragraph.
    (2) Initial notification for sources with startup before the 
effective date. The owner or operator of a source with initial startup 
before the effective date shall notify the Administrator in writing that 
the source is subject to the relevant standard. The notification shall 
be submitted not later than 365 days after the effective date of the 
emissions standards and shall provide the following information:
    (i) The name and address of the owner or operator;
    (ii) The address (i.e., physical location) of the source;
    (iii) An identification of this emissions standard that is the basis 
of the notification and the source's compliance date;
    (iv) A brief description of the nature, size, design, and method of 
operation of the source;
    (v) A statement that the source is a major source.
    (3) Initial notification for sources with startup after the 
effective date. The owner or operator of a new or reconstructed source 
or a source that has been reconstructed such that it is subject to the 
emissions standards that has an initial startup after the effective date 
but before the compliance date, and for which an application for 
approval of construction or reconstruction is not required under Sec. 
63.5(d) of subpart A of this part and Sec. 63.566 of

[[Page 783]]

this subpart, shall notify the Administrator in writing that the source 
is subject to the standard no later than 365 days or 120 days after 
initial startup, whichever occurs before notification of the initial 
performance test in Sec. 63.9(e) of subpart A of this part. The 
notification shall provide all the information required in paragraph 
(b)(2) of this section, delivered or postmarked with the notification 
required in paragraph (b)(4) of this section.
    (4) Initial notification requirements for constructed/reconstructed 
sources. After the effective date of these standards, whether or not an 
approved permit program is effective in the State in which a source 
subject to these standards is (or would be) located, an owner or 
operator subject to the notification requirements of Sec. 63.5 of 
subpart A of this part and Sec. 63.566 of this subpart who intends to 
construct a new source subject to these standards, reconstruct a source 
subject to these standards, or reconstruct a source such that it becomes 
subject to these standards, shall comply with paragraphs (b)(4)(i), 
(ii), (iii), and (iv) of this section.
    (i) Notify the Administrator in writing of the intended construction 
or reconstruction. The notification shall be submitted as soon as 
practicable before the construction or reconstruction is planned to 
commence. The notification shall include all the information required 
for an application for approval of construction or reconstruction as 
specified in Sec. 63.5 of subpart A of this part. The application for 
approval of construction or reconstruction may be used to fulfill the 
requirements of this paragraph.
    (ii) Submit a notification of the date when construction or 
reconstruction was commenced, delivered or postmarked not later than 30 
days after such date, if construction was commenced after the effective 
date.
    (iii) Submit a notification of the anticipated date of startup of 
the source, delivered or postmarked not more than 60 days nor less than 
30 days before such date;
    (iv) Submit a notification of the actual date of startup of the 
source, delivered or postmarked within 15 calendar days after that date.
    (5) Additional initial notification requirements. (i) The owner or 
operator of sources subject to Sec. 63.562(b)(2), (3), and (4), MACT 
standards, shall also include in the initial notification report 
required by paragraph (b)(2) and (3) the 24-month annual average or the 
annual actual HAP emissions from marine tank vessel loading operations, 
as appropriate, at all loading berths, as calculated according to the 
procedures in Sec. 63.565(l). Emissions will be reported by commodity 
and type of marine tank vessel (barge or tanker) loaded.
    (ii) As an alternative to reporting the information in paragraph 
(b)(5)(i) of this section, the source may submit documentation showing 
that all HAP-containing marine tank vessel loading operations, not 
exempt by Sec. 63.560(d), occurred using vapor tight vessels that 
comply with the procedures of Sec. 63.563(a) and that the emissions 
were routed to control devices meeting the requirements specified in 
Sec. 63.563(b).
    (c) Request for extension of compliance. If the owner or operator 
has installed BACT or technology to meet LAER consistent with Sec. 
63.6(i)(5) of subpart A of this part, he/she may submit to the 
Administrator (or State with an approved permit program) a request for 
an extension of compliance as specified in Sec. 63.6(i)(4)(i)(B), 
(i)(5), and (i)(6) of subpart A of this part.
    (d) Reporting for performance testing of flares. The owner or 
operator of a source required to conduct an opacity performance test 
shall report the opacity results and other information required by Sec. 
63.565(e) and Sec. 63.11 of subpart A of this part with the 
notification of compliance status.
    (e) Summary reports and excess emissions and monitoring system 
performance reports--(1) Schedule for summary report and excess 
emissions and monitoring system performance reports. Excess emissions 
and parameter monitoring exceedances are defined in Sec. 63.563(b). The 
owner or operator of a source subject to these emissions standards that 
is required to install a CMS shall submit an excess emissions and 
continuous monitoring system performance report and/or a summary report 
to the Administrator once each year, except, when the source experiences 
excess emissions, the source shall comply

[[Page 784]]

with a semi-annual reporting format until a request to reduce reporting 
frequency under paragraph (e)(2) of this section is approved.
    (2) Request to reduce frequency of excess emissions and continuous 
monitoring system performance reports. An owner or operator who is 
required to submit excess emissions and continuous monitoring system 
performance and summary reports on a semi-annual basis may reduce the 
frequency of reporting to annual if the following conditions are met:
    (i) For 1 full year the sources's excess emissions and continuous 
monitoring system performance reports continually demonstrate that the 
source is in compliance; and
    (ii) The owner or operator continues to comply with all 
recordkeeping and monitoring requirements specified in this subpart and 
subpart A of this part.
    (3) The frequency of reporting of excess emissions and continuous 
monitoring system performance and summary reports required may be 
reduced only after the owner or operator notifies the Administrator in 
writing of his or her intention to make such a change and the 
Administrator does not object to the intended change. In deciding 
whether to approve a reduced frequency of reporting, the Administrator 
may review information concerning the source's entire previous 
performance history during the 5-year recordkeeping prior to the 
intended change, including performance test results, monitoring data, 
and evaluations of an owner or operator's conformance with operation 
maintenance requirements. Such information may be used by the 
Administrator to make a judgement about the source's potential for 
noncompliance in the future. If the Administrator will notify the owner 
or operator in writing within 45 days after receiving notice of the 
owner or operator's intention. The notification from the Administrator 
to the owner or operator will specify the grounds on which the 
disapproval is based. In the absence of a notice of disapproval within 
45 days, approval is automatically granted.
    (4) Content and submittal dates for excess emissions and monitoring 
system performance reports. All excess emissions and monitoring system 
performance reports and all summary reports, if required per paragraph 
(e)(5) and (6) of this section, shall be delivered or postmarked within 
30 days following the end of each calendar year, or within 30 days 
following the end of each six month period, if appropriate. Written 
reports of excess emissions or exceedances of process or control system 
parameters shall include all information required in Sec. 63.10(c)(5) 
through (13) of subpart A of this part as applicable in Table 1 of Sec. 
63.560 and information from any calibration tests in which the 
monitoring equipment is not in compliance with PS 8 or other methods 
used for accuracy testing of temperature, pressure, or flow monitoring 
devices. The written report shall also include the name, title, and 
signature of the responsible official who is certifying the accuracy of 
the report. When no excess emissions or exceedances have occurred or 
monitoring equipment has not been inoperative, repaired, or adjusted, 
such information shall be stated in the report. This information will be 
kept for a minimum of 5 years and made readily available to the 
Administrator or delegated State authority upon request.
    (5) If the total duration of excess emissions or control system 
parameter exceedances for the reporting period is less than 5 percent of 
the total operating time for the reporting period, and CMS downtime for 
the reporting period is less than 10 percent of the total operating time 
for the reporting period, only the summary report of Sec. 
63.10(e)(3)(vi) of subpart A of this part shall be submitted, and the 
full excess emissions and continuous monitoring system performance 
report of paragraph (e)(4) of this section need not be submitted unless 
required by the Administrator.
    (6) If the total duration of excess emissions or process or control 
system parameter exceedances for the reporting period is 5 percent or 
greater of the total operating time for the reporting period, or the 
total CMS downtime for the reporting period is 10 percent or greater of 
the total operating time for

[[Page 785]]

the reporting period, both the summary report of Sec. 63.10(e)(3)(vi) 
of subpart A of this part and the excess emissions and continuous 
monitoring system performance report of paragraph (e)(4) of this section 
shall be submitted.
    (f) Vapor collection system of the terminal. Each owner or operator 
of an affected source shall submit with the initial performance test and 
maintain in an accessible location on site an engineering report 
describing in detail the vent system, or vapor collection system, used 
to vent each vent stream to a control device. This report shall include 
all valves and vent pipes that could vent the stream to the atmosphere, 
thereby bypassing the control device, and identify which valves are car-
sealed opened and which valves are car-sealed closed.
    (g) If a vent system, or vapor collection system, containing valves 
that could divert the emission stream away from the control device is 
used, each owner or operator of an affected source shall keep for at 
least 5 years up-to-date, readily accessible continuous records of:
    (1) All periods when flow bypassing the control device is indicated 
if flow indicators are installed under Sec. 63.563(a)(1) and Sec. 
63.564(b), and
    (2) All times when maintenance is performed on car-sealed valves, 
when the car-seal is broken, and when the valve position is changed 
(i.e., from open to closed for valves in the vent piping to the control 
device and from closed to open for valves that vent the stream directly 
or indirectly to the atmosphere bypassing the control device) if valves 
are monitored under Sec. 63.564(b).
    (h) The owner or operator of an affected source shall keep the 
vapor-tightness documentation required under Sec. 63.563(a)(4) on file 
at the source in a permanent form available for inspection.
    (i) Vapor tightness test documentation for marine tank vessels. The 
owner or operator of an affected source shall maintain a documentation 
file for each marine tank vessel loaded at that source to reflect 
current test results as determined by the appropriate method in Sec. 
63.565(c)(1) and (2). Updates to this documentation file shall be made 
at least once per year. The owner or operator shall include, as a 
minimum, the following information in this documentation:
    (1) Test title;
    (2) Marine vessel owner and address;
    (3) Marine vessel identification number;
    (4) Loading time, according to Sec. 63.563(a)(4)(ii) or (iii), if 
appropriate;
    (5) Testing location;
    (6) Date of test;
    (7) Tester name and signature;
    (8) Test results from Sec. 63.565(c)(1) or (2), as appropriate;
    (9) Documentation provided under Sec. 63.563(a)(4)(ii) and (iii)(B) 
showing that the repair of leaking components attributed to a failure of 
a vapor-tightness test is technically infeasible without dry-docking the 
vessel; and
    (10) Documentation that a marine tank vessel failing a pressure test 
or leak test has been repaired.
    (j) Emission estimation reporting and recordkeeping procedures. The 
owner or operator of each source complying with the emission limits 
specified in Sec. 63.562(b)(2), (3), and (4) shall comply with the 
following provisions:
    (1) Maintain records of all measurements, calculations, and other 
documentation used to identify commodities exempted under Sec. 
63.560(d);
    (2) Keep readily accessible records of the emission estimation 
calculations performed in Sec. 63.565(l) for 5 years; and
    (3) Submit an annual report of the source's HAP control efficiency 
calculated using the procedures specified in Sec. 63.565(l), based on 
the source's actual throughput.
    (4) Owners or operators of marine tank vessel loading operations 
specified in Sec. 63.560(a)(3) shall retain records of the emissions 
estimates determined in Sec. 65.565(l) and records of their actual 
throughputs by commodity, for 5 years.
    (k) Leak detection and repair of vapor collection systems and 
control devices. When each leak of the vapor collection system, or vapor 
collection system, and control device is detected and repaired as 
specified in Sec. 63.563(c) the following information required shall be 
maintained for 5 years:
    (1) Date of inspection;
    (2) Findings (location, nature, and severity of each leak);

[[Page 786]]

    (3) Leak determination method;
    (4) Corrective action (date each leak repaired, reasons for repair 
interval); and
    (5) Inspector name and signature.
    (l) The owner or operator of the VMT source required by Sec. 
63.562(d)(2)(iv) to develop a program, shall submit annual reports on or 
before January 31 of each year to the Administrator certifying the 
annual average daily loading rate for the previous calendar year. 
Beginning on January 31, 1996, for the reported year 1995, the annual 
report shall specify the annual average daily loading rate over all 
loading berths. Beginning on January 31, 1999, for the reported year 
1998, the annual report shall specify the annual average daily loading 
rate over all loading berths, over each loading berth equipped with a 
vapor collection system and control device, and over each loading berth 
not equipped with a vapor collection system and control device. The 
annual average daily loading rate under this section is calculated as 
the total amount of crude oil loaded during the calendar year divided by 
365 days or 366 days, as appropriate.
    (m) The number, duration, and a brief description for each type of 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded 
shall be stated in a semiannual report. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec. 63.562(e), including actions taken to correct a malfunction. 
The report, to be certified by the owner or operator or other 
responsible official, shall be submitted semiannually and delivered or 
postmarked by the 30th day following the end of each calendar half.
    (n)(1) As of January 1, 2012 and within 60 days after the date of 
completing each performance test, as defined in Sec. 63.2, and as 
required in this subpart, you must submit performance test data, except 
opacity data, electronically to EPA's Central Data Exchange by using the 
ERT (see http://www.epa.gov/ttn/chief/ert/ert tool.html/) or other 
compatible electronic spreadsheet. Only data collected using test 
methods compatible with ERT are subject to this requirement to be 
submitted electronically into EPA's WebFIRE database.
    (2) All reports required by this subpart not subject to the 
requirements in paragraph (n)(1) of this section must be sent to the 
Administrator at the appropriate address listed in Sec. 63.13. If 
acceptable to both the Administrator and the owner or operator of a 
source, these reports may be submitted on electronic media. The 
Administrator retains the right to require submittal of reports subject 
to paragraph (n)(1) of this section in paper format.

[61 FR 48399, Sept. 19, 1995, as amended at 68 FR 37350, June 23, 2003; 
76 FR 22597, Apr. 21, 2011]



Sec. 63.568  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec. 
63.560 and 63.562(a) through (d).
    (2) Approval of major alternatives to test methods for under Sec. 
63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in 
this subpart.

[[Page 787]]

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

[68 FR 37350, June 23, 2003]

Subpart Z [Reserved]



Sec. Sec. 63.569-63.599  [Reserved]


[[Page 789]]



                              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 791]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2013)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        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 2--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)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      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 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      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)

[[Page 792]]

       XXX  Department of Homeland Security (Parts 3000--3099)
      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)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)

                        Title 3--The President

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

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)
        II  Recovery Accountability and Transparency Board (Parts 
                200--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      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)

[[Page 793]]

    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        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)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         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)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      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)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
    LXXXII  Special Inspector General for Iraq Reconstruction 
                (Parts 9200--9299)

[[Page 794]]

   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (9600--9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
     XCVII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--99)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and 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)

[[Page 795]]

       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)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      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)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  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)

[[Page 796]]

        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 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--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)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      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)

[[Page 797]]

               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--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 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)

[[Page 798]]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. 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  U.S. 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  Office of Workers' Compensation Programs, 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)

[[Page 799]]

                       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)
         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  Millennium 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)

[[Page 800]]

        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--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)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099)
       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)

[[Page 801]]

        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--End)

           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)
       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)

[[Page 802]]

      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  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 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)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)

[[Page 803]]

         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)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  National Institute for Literacy (Parts 1100--1199)
       XII  National Council on Disability (Parts 1200--1299)

[[Page 804]]

                          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)

             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 
                300--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       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)

[[Page 805]]

       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 A--Federal Procurement Regulations System 
                [Note]
            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)
   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)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  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--599)

[[Page 806]]

         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 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             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)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)

[[Page 807]]

       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)
        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)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           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  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)

[[Page 808]]

        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 (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (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)

[[Page 809]]

         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 (Parts 1400--1499) 
                [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)
         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 811]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2013)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     22, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  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
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, 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
  National Institute of Food and Agriculture      7, XXXIV
  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

[[Page 812]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
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
Bureau of Ocean Energy Management, Regulation,    30, II
     and Enforcement
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazardous Investigation       40, VI
     Board
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
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  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
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       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 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 Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
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    5, LXX; 28, VIII
   for the District of Columbia
[[Page 813]]

Customs and Border Protection                     19, I
Defense Contract Audit Agency                     32, I
Defense Department                                2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  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
  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          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 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                    2, LVIII; 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                             2, IX; 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

[[Page 814]]

  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-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                       5, XXXVII; 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                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
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
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
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

[[Page 815]]

Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  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                  2, XXX; 6, I; 8, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  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 Review, Executive Office for          8, V

[[Page 816]]

Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
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, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Bureau of Ocean Energy Management, Regulation,  30, II
       and Enforcement
  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
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  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 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
Iraq Reconstruction, Special Inspector General    5, LXXXVII
     for
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, XXVIII; 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
  Employee Benefits Security Administration       29, XXV

[[Page 817]]

  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Office of Workers' Compensation Programs        20, VII
  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
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
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   2, XXII; 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              5, LXXXVI; 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; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Food and Agriculture        7, XXXIV
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
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI

[[Page 818]]

National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
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, IV
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
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                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Offices of Independent Counsel                    28, VI
Office of Workers' Compensation Programs          20, VII
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                                       2, XXXVII; 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, 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
Private and Civil Liberties Oversight Board       6, X
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
Recovery Accountability and Transparency Board    4, II
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

[[Page 819]]

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
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 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 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
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; 47, IV; 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                   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
  Financial Crimes Enforcement Network            31, X
  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
[[Page 820]]

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
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 821]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2008 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, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.fdsys.gov. For changes to this volume of the CFR 
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The 
``List of CFR Sections Affected 1986-2000'' is available at 
www.fdsys.gov.

                                  2008

40 CFR
                                                                   73 FR
                                                                    Page
Chapter I
63 Policy statement................................................76220
63.11 Heading and (a) revised; (c), (d) and (e) added..............78211
63.13 (a) amended..................................................24871
63.14 (i)(1) and (k)(1)(i) through (iv) revised......................252
    (d) introductory text revised; (d)(7), (8) and (l)(1) added.....1759
    (b)(63) and (l) added...........................................1933
    (b)(27) revised; (b)(64) added..................................3603
    (k)(2) added....................................................7218
    (b)(63) and (l) correctly redesignated as (b)(65) and (m)......12276
    (d) introductory text amended; (d)(7), (8) and (l)(1) revised 
                                                                   43000
63.1--63.16 (Subpart A) Table 1 added..............................78213
63.99 (a)(28)(i) revised...........................................18170
    (a)(3) revised.................................................47548
63.110--63.153 (Subpart G) Table 1A amended........................78213
63.160--63.183 (Subpart H) Table 4 amended.........................78213
63.320 (d) and (e) revised; eff. 7-15-08...........................17256
    Regulation at 73 FR 17256 withdrawn............................39871
    (d) and (e) revised............................................39874
63.323 (a)(1) introductory text, (ii), (b) introductory text and 
        (c) introductory text revised; eff. 7-15-08................17256
    Regulation at 73 FR 17256 withdrawn............................39871
    (a)(1) introductory text, (ii), (b) introductory text and (c) 
introductory text revised..........................................39874
63.324 (d)(5) and (6) revised; eff. 7-15-08........................17257
    Regulation at 73 FR 17257 withdrawn............................39871
    (d)(5) and (6) revised.........................................39875
63.420--63.429 (Subpart R) Table 1 amended.........................78213
63.480--63.507 (Subpart U) Table 1 amended.........................78213

                                  2009

40 CFR
                                                                   74 FR
                                                                    Page
Chapter I
63.14 (i)(1) revised...............................................30393
    (n) added......................................................55683
    (d) introductory text and (4) revised..........................61043
63.99 (a)(5)(i)(B) revised.........................................12593

[[Page 822]]

    (a)(10) through (48) redesignated as (a)(11) through (49); 
(a)(1)(i), new (10), (11)(i), (18), (25), (34)(i) and (41)(i) 
added; new (a)(20)(iii) introductory text, (22)(ii) introductory 
text, (30)(iv) introductory text, (A) introductory text, (31)(i) 
introductory text, (48)(i) table footnote 7 and Note amended; eff. 
7-13-09............................................................22439
    (a)(22) revised................................................61043
    (a)(34)(iii) added.............................................63616

                                  2010

40 CFR
                                                                   75 FR
                                                                    Page
Chapter I
63.7 (c)(2)(iii) revised; (c)(4) removed...........................55655
63.13 (a) amended..................................................69352
63.14 (d)(9) added; eff. 8-17-10...................................34653
    (b)(54) revised................................................55051
63.99 (a)(3) and (29)(i) revised....................................8809
    (a)(18)(i) revised.............................................19258
    (a)(40) added; eff. 8-17-10....................................34653
    (a)(29)(i) table revised.......................................67627

                                  2011

40 CFR
                                                                   76 FR
                                                                    Page
Chapter I
63 State authority delegations.....................................10761
    Actions on petitions...........................................28318
    63 Policy statement............................................42052
    63.13 (a) amended..............................................49673
63.14 (o) added.....................................................4176
    (b)(66) and (k)(1)(v) added; (i)(1) revised.....................9479
    (b)(27), (35), (39) through (44), (47) through (52), (57), 
(61), (64) and (i)(1) revised; (b)(45), (46), (55), (56), (58), 
(59), (60) and (62) removed; (b)(66), (67), (68), (p) and (q) 
added.......................................................15589, 15662
    Regulation at 76 FR 15662 eff. date delayed indefinitely.......28664
    (d)(6) revised; eff. 7-25-11...................................30550
63.99 (a)(3)(i) table, (5)(i)(B)(11) and (12) revised; 
        (a)(5)(i)(B)(13) added.....................................14810
    (d)(1) revised.................................................18066
    (a)(5)(ii) introductory text, (A) introductory text and 
(1)(ii) revised; (a)(5)(ii)(A)(1)(iii) added; (a)(5)(ii)(B) and 
(D) removed........................................................18066
    (a)(20)(iii) revised; eff. 7-25-11.............................30550
63.480 (j) revised.................................................22586
63.481 (c) revised.................................................22587
63.482 Amended.....................................................22587
63.483 (a) revised.................................................22588
63.484 (b)(4) revised..............................................22588
63.485 (q) introductory text and (1) introductory text revised; 
        (q)(1)(iii) through (vi) and (w) added.....................22588
63.489 (b)(4)(ii)(C) revised.......................................22589
63.491 (e)(2)(ii) revised..........................................22589
63.493 Revised.....................................................22589
63.494 Heading, (a) introductory text, (4), (5) introductory text, 
        (b), (c) and (d) revised; (a)(6) added.....................22589
63.495 Heading, (a) and (b)(5) revised; (g) added..................22590
63.496 Heading, (a), (c)(2) and (d) revised........................22591
63.497 Heading, (a) introductory text and (d) introductory text 
        revised....................................................22591
63.498 (a) introductory text, (3), (b) introductory text, (3), (c) 
        introductory text, (d) introductory text, (5)(ii)(B) and 
        (E) revised; (a)(4) and (e) added..........................22591
63.499 (a)(3), (b) introductory text, (c) introductory text and 
        (d) introductory text revised; (f) added...................22592
63.501 (c)(2) revised..............................................22592
63.502 (a) and (b)(4) revised......................................22592
63.503 (f)(1) removed..............................................22592
63.504 (a)(1) introductory text revised............................22592
63.505 (e)(4), (g)(1) introductory text, (v)(A), (B) and 
        (2)(ii)(B) introductory text revised; (g)(1)(v)(C), (D) 
        and (E) removed; (j) added.................................22592

[[Page 823]]

63.506 (b)(1) introductory text, (d)(7), (e)(3) introductory text, 
        (ix)(B), (6)(iii)(E), (h)(1)(i), (ii)(C), (iii) and 
        (2)(iii) revised; (e)(3)(viii) and (h)(2)(iv)(A) removed; 
        (i) added..................................................22593
63.480--63.507 (Subpart U) Table 1 amended; Table 5 revised........22594
63.560 (a)(4) and (e)(1)(iv) added; (d)(6) revised; Table 1 
        amended....................................................22595
63.561 Amended.....................................................22596
63.562 (e) introductory text revised; (e)(7) added.................22596
63.563 (b)(1) revised..............................................22597
63.567 (m) and (n) added...........................................22597

                                  2012

40 CFR
                                                                   77 FR
                                                                    Page
Chapter I
63.14 (p)(2) revised.................................................580
    (b)(19), (20), (22), (23) and (69) through (72) added; (i)(1) 
revised.............................................................9463
    (b)(45) and (p)(8) through (11) added; (b)(8), (28), (54), 
(c)(3), (i)(1) and (n)(1) revised..................................22904
    (b) introductory text, (28), (64), (i) introductory text and 
(1) revised; (b)(73), (74) and (75) added..........................49567
    (b)(28), (54), (f)(1) and (i)(1) revised; (f)(3) and (4) 
redesignated as (f)(4) and (5); new (f)(3) added...................55710
63.99 (a)(29)(i) table revised.....................................11391
    (a)(3)(i) table revised........................................41078
63.341 (a) amended; (b)(10) revised................................58242
63.342 (e)(2) and (3) redesignated as (e)(3) and (4); (a), (b)(1), 
        (c)(1)(i), (ii), (iii), (2)(i) through (iv), (d)(1), (2), 
        (e)(1) and new (4) revised; (c)(1)(iv), (v), (2)(vi), 
        (vii), (viii), (d)(3), (4), new (e)(2), (f)(3)(i)(F) and 
        Table 2 added..............................................58243
63.343 (a)(1), (2), (4), (b)(1), (c) introductory text, (1)(ii), 
        (2)(ii), (4)(ii), (5)(i), (ii) and (6)(ii) revised; (a)(8) 
        added......................................................58245
63.344 (a) introductory text, (c)(1), (e)(3)(iii), (iv), (v), 
        (4)(ii), (iv), (f)(1)(i)(A) and (ii)(A) revised; 
        (b)(1)(iii) and (iv) amended; (b)(1)(v) through (viii) and 
        (f)(1)(iii) added; (b)(2) removed..........................58246
63.346 (b)(2), (4) and (13) revised................................58248
63.347 (g)(3)(xii) and (xiii) redesignated as (g)(3)(xiii) and 
        (xiv); (f)(3) and new (g)(3)(xii) added; (h)(2)(i) 
        introductory text and (A) revised..........................58249
63.340--63.348 (Subpart N) Table 1 amended.........................58249
63.441 Amended.....................................................55710
63.443 (e) introductory text revised...............................55710
63.446 (g) revised.................................................55711
63.453 (q) added...................................................55711
63.454 (a) revised; (g) added......................................55711
63.455 (g) and (h) added...........................................55711
63.456 Added.......................................................55712
63.457 (a), (b)(1) introductory text, (3), (4), (5)(i), (ii) 
        introductory text, (c)(3)(ii), (d)(1) and (k)(1) revised; 
        (o) added..................................................55712
63.459 (b)(5)(iv)((A) introductory text, (2), (8)(ii), (iii) and 
        (11)(ii) revised...........................................55713
63.440--63.459 (Subpart S) Table revised...........................55713
63.541--63.552 (Subpart X) Revised...................................580

                                  2013

   (Regulations published from January 1, 2013, through July 1, 2013)

40 CFR
                                                                   78 FR
                                                                    Page
Chapter I
63 Actions on petitions............................................23497
63.13 (a) amended..................................................37977
63.14 (d)(5) revised................................................2338
    (b)(28), (54) and (i)(1) revised; (d)(10) and (s) added.........6700
    (b)(19), (23), (35), (40), (69) and (70) revised; (b)(53) 
removed; (b)(46), (55), (76) through (83), (p)(12) through (20) 
and (r) added.......................................................7161

[[Page 824]]

    (b)(19), (23), (35), (40), (69) and (70) revised; (b)(53) 
removed; (b)(46), (55), (76) through (83), (p)(12) through (20) 
and (r) added.......................................................7505
    (n)(1) revised.................................................37145
63.99 (a)(30)(iii) and (iv) revised.................................2338
    (a)(18) and (19) correctly revised.............................20247


                                  [all]