[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2014 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]



          Title 40

Protection of Environment


________________________

Part 63 (Secs. 63.600 to 63.1199)

                         Revised as of July 1, 2014

          Containing a codification of documents of general
          applicability and future effect

          As of July 1, 2014
                    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........................     631
      Alphabetical List of Agencies Appearing in the CFR......     651
      List of CFR Sections Affected...........................     661

[[Page iv]]





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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
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    To determine whether a Code volume has been amended since its
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Register page number of the latest amendment of any given rule.

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
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
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PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of
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Code users may find the text of provisions in effect on any given date
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``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of
Federal Regulations. An agency may add regulatory information at a
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used
editorially to indicate that a portion of the CFR was left vacant and
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
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to materials already published elsewhere. For an incorporation to be
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This material, like any other properly issued regulation, has the force
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Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
    (a) The incorporation will substantially reduce the volume of
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    (b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
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    (c) The incorporating document is drafted and submitted for
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CFR INDEXES AND TABULAR GUIDES

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alphabetical list of agencies publishing in the CFR are also included in
this volume.

[[Page vii]]

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INQUIRIES

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    Charles A. Barth,
    Director,
    Office of the Federal Register.
    July 1, 2014.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-three
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, parts 85-86, 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, 2014.

    Chapter I--Environmental Protection Agency appears in all thirty-
three 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
John Hyrum Martinez, assisted by Ann Worley.

[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




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

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

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

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


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

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

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)





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



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

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

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

Subpart BB_National Emission Standards for Hazardous Air Pollutants From
                 Phosphate Fertilizers Production Plants

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

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

Subpart CC_National Emission Standards for Hazardous Air Pollutants From
                          Petroleum Refineries

63.640  Applicability and designation of affected source.
63.641  Definitions.
63.642  General standards.
63.643  Miscellaneous process vent provisions.
63.644  Monitoring provisions for miscellaneous process vents.
63.645  Test methods and procedures for miscellaneous process vents.
63.646  Storage vessel provisions.
63.647  Wastewater provisions.
63.648  Equipment leak standards.
63.649  Alternative means of emission limitation: Connectors in gas/
          vapor service and light liquid service.
63.650  Gasoline loading rack provisions.
63.651  Marine tank vessel loading operation provisions.
63.652  Emissions averaging provisions.
63.653  Monitoring, recordkeeping, and implementation plan for emissions
          averaging.
63.654  Heat exchange systems.
63.655  Reporting and recordkeeping requirements.
63.656  Implementation and enforcement.
63.657-63.679  [Reserved]

Appendix to Subpart CC of Part 63--Tables

Subpart DD_National Emission Standards for Hazardous Air Pollutants from
                 Off-Site Waste and Recovery Operations

63.680  Applicability and designation of affected sources.
63.681  Definitions.
63.682  [Reserved]
63.683  Standards: General.
63.684  Standards: Off-site material treatment.
63.685  Standards: Tanks.
63.686  Standards: Oil-water and organic-water separators.
63.687  Standards: Surface impoundments.
63.688  Standards: Containers.
63.689  Standards: Transfer systems.
63.690  Standards: Process vents.
63.691  Standards: Equipment leaks.
63.692  [Reserved]
63.693  Standards: Closed-vent systems and control devices.
63.694  Testing methods and procedures.
63.695  Inspection and monitoring requirements.
63.696  Recordkeeping requirements.
63.697  Reporting requirements.
63.698  Implementation and enforcement.

Table 1 to Subpart DD of Part 63--List of Hazardous Air Pollutants (HAP)
          for Subpart DD
Table 2 to Subpart DD of Part 63--Applicability of Paragraphs in Subpart
          A of This Part 63--General Provisions to Subpart DD

[[Page 6]]

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

 Subpart EE_National Emission Standards for Magnetic Tape Manufacturing
                               Operations

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

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

Subpart FF [Reserved]

 Subpart GG_National Emission Standards for Aerospace Manufacturing and
                            Rework Facilities

63.741  Applicability and designation of affected sources.
63.742  Definitions.
63.743  Standards: General.
63.744  Standards: Cleaning operations.
63.745  Standards: Primer and topcoat application operations.
63.746  Standards: Depainting operations.
63.747  Standards: Chemical milling maskant application operations.
63.748  Standards: Handling and storage of waste.
63.749  Compliance dates and determinations.
63.750  Test methods and procedures.
63.751  Monitoring requirements.
63.752  Recordkeeping requirements.
63.753  Reporting requirements.
63.754-63.758  [Reserved]
63.759  Implementation and enforcement.

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

Subpart HH_National Emission Standards for Hazardous Air Pollutants From
                Oil and Natural Gas Production Facilities

63.760  Applicability and designation of affected source.
63.761  Definitions.
63.762  Affirmative defense for violations of emission standards during
          malfunction.
63.763  [Reserved]
63.764  General standards.
63.765  Glycol dehydration unit process vent standards.
63.766  Storage vessel standards.
63.767-63.768  [Reserved]
63.769  Equipment leak standards.
63.770  [Reserved]
63.771  Control equipment requirements.
63.772  Test methods, compliance procedures, and compliance
          determinations.
63.773  Inspection and monitoring requirements.
63.774  Recordkeeping requirements.
63.775  Reporting requirements.
63.776  Implementation and enforcement.
63.777  Alternative means of emission limitation.
63.778-63.779  [Reserved]

Appendix to Subpart HH of Part 63--Tables

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

63.780  Relationship of subpart II to subpart A of this part.
63.781  Applicability.
63.782  Definitions.
63.783  Standards.
63.784  Compliance dates.
63.785  Compliance procedures.
63.786  Test methods and procedures.
63.787  Notification requirements.
63.788  Recordkeeping and reporting requirements.
63.789  Implementation and enforcement.

Table 1 to Subpart II of Part 63--General Provisions of Applicability to
          Subpart II
Table 2 to Subpart II of Part 63--Volatile Organic HAP (VOHAP) Limits
          for Marine Coatings
Table 3 to Subpart II of Part 63--Summary of Recordkeeping and Reporting
          Requirements
Appendix A to Subpart II of Part 63--VOC Data Sheet
Appendix B to Subpart II of Part 63--Maximum Allowable Thinning Rates As
          A Function Of As Supplied VOC Content And Thinner Density

Subpart JJ_National Emission Standards for Wood Furniture Manufacturing
                               Operations

63.800  Applicability.
63.801  Definitions.
63.802  Emission limits.
63.803  Work practice standards.
63.804  Compliance procedures and monitoring requirements.

[[Page 7]]

63.805  Performance test methods.
63.806  Recordkeeping requirements.
63.807  Reporting requirements.
63.808  Implementation and enforcement.
63.809-63.819  [Reserved]

Table 1 to Subpart JJ of Part 63--General Provisions Applicability to
          Subpart JJ
Table 2 to Subpart JJ of Part 63--List of Volatile Hazardous Air
          Pollutants
Table 3 to Subpart JJ of Part 63--Summary of Emission Limits
Table 4 to Subpart JJ of Part 63--Pollutants Excluded From Use in
          Cleaning and Washoff Solvents
Table 5 to Subpart JJ of Part 63--List of VHAP of Potential Concern
          Identified by Industry
Table 6 to Subpart JJ of Part 63--VHAP of Potential Concern

 Subpart KK_National Emission Standards for the Printing and Publishing
                                Industry

63.820  Applicability.
63.821  Designation of affected sources.
63.822  Definitions.
63.823  Standards: General.
63.824  Standards: Publication rotogravure printing.
63.825  Standards: Product and packaging rotogravure and wide-web
          flexographic printing.
63.826  Compliance dates.
63.827  Performance test methods.
63.828  Monitoring requirements.
63.829  Recordkeeping requirements.
63.830  Reporting requirements.
63.831  Implementation and enforcement.
63.832-63.839  [Reserved]

Table 1 to Subpart KK of Part 63--Applicability of General Provisions to
          Subpart KK
Appendix A to Subpart KK of Part 63--Data Quality Objective and Lower
          Confidence Limit Approaches for Alternative Capture Efficiency
          Protocols and Test Methods

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

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

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

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

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

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

        Subpart OO_National Emission Standards for Tanks_Level 1

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

          Subpart PP_National Emission Standards for Containers

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

[[Page 8]]

63.929  Implementation and enforcement.

     Subpart QQ_National Emission Standards for Surface Impoundments

63.940  Applicability.
63.941  Definitions.
63.942  Standards--Surface impoundment floating membrane cover.
63.943  Standards--Surface impoundment vented to control device.
63.944  [Reserved]
63.945  Test methods and procedures.
63.946  Inspection and monitoring requirements.
63.947  Recordkeeping requirements.
63.948  Reporting requirements.
63.949  Implementation and enforcement.

   Subpart RR_National Emission Standards for Individual Drain Systems

63.960  Applicability.
63.961  Definitions.
63.962  Standards.
63.963  [Reserved]
63.964  Inspection and monitoring requirements.
63.965  Recordkeeping requirements.
63.966  Reporting requirements.
63.967  Implementation and enforcement.

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

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

Subpart TT_National Emission Standards for Equipment Leaks_Control Level
                                    1

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

Subpart UU_National Emission Standards for Equipment Leaks_Control Level
                               2 Standards

63.1019  Applicability.
63.1020  Definitions.
63.1021  Alternative means of emission limitation.
63.1022  Equipment identification.
63.1023  Instrument and sensory monitoring for leaks.
63.1024  Leak repair.
63.1025  Valves in gas and vapor service and in light liquid service
          standards.
63.1026  Pumps in light liquid service standards.
63.1027  Connectors in gas and vapor service and in light liquid service
          standards.
63.1028  Agitators in gas and vapor service and in light liquid service
          standards.
63.1029  Pumps, valves, connectors, and agitators in heavy liquid
          service; pressure relief devices in liquid service; and
          instrumentation systems standards.

[[Page 9]]

63.1030  Pressure relief devices in gas and vapor service standards.
63.1031  Compressors standards.
63.1032  Sampling connection systems standards.
63.1033  Open-ended valves or lines standards.
63.1034  Closed vent systems and control devices; or emissions routed to
          a fuel gas system or process standards.
63.1035  Quality improvement program for pumps.
63.1036  Alternative means of emission limitation: Batch processes.
63.1037  Alternative means of emission limitation: Enclosed vented
          process units or affected facilities.
63.1038  Recordkeeping requirements.
63.1039  Reporting requirements.

Table 1 to Subpart UU of Part 63--Batch Processes Monitoring Frequency
          for Equipment Other Than Connectors

  Subpart VV_National Emission Standards for Oil-Water Separators and
                        Organic-Water Separators

63.1040  Applicability.
63.1041  Definitions.
63.1042  Standards--Separator fixed roof.
63.1043  Standards--Separator floating roof.
63.1044  Standards--Separator vented to control device.
63.1045  Standards--Pressurized separator.
63.1046  Test methods and procedures.
63.1047  Inspection and monitoring requirements.
63.1048  Recordkeeping requirements.
63.1049  Reporting requirements.
63.1050  Implementation and enforcement.

   Subpart WW_National Emission Standards for Storage Vessels (Tanks)_
                             Control Level 2

63.1060  Applicability.
63.1061  Definitions.
63.1062  Storage vessel control requirements.
63.1063  Floating roof requirements.
63.1064  Alternative means of emission limitation.
63.1065  Recordkeeping requirements.
63.1066  Reporting requirements.
63.1067  Implementation and enforcement.

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

                              Introduction

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

                               Definitions

63.1082  What definitions do I need to know?

                 Applicability for Heat Exchange Systems

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

                    Heat Exchange System Requirements

63.1085  What are the general requirements for heat exchange systems?

            Monitoring Requirements for Heat Exchange Systems

63.1086  How must I monitor for leaks to cooling water?

              Repair Requirements for Heat Exchange Systems

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

   Recordkeeping and Reporting Requirements for Heat Exchange Systems

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

                    Background for Waste Requirements

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

                  Applicability for Waste Requirements

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

                           Waste Requirements

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

                     Implementation and Enforcement

63.1097  Who implements and enforces this subpart?

Table 1 to Subpart XX of Part 63--Hazardous Air Pollutants
Table 2 to Subpart XX of Part 63--Requirements of 40 CFR Part 61,
          Subpart FF, Not Included in the Requirements

[[Page 10]]

          for This Subpart and Alternate Requirements

Subpart YY_National Emission Standards for Hazardous Air Pollutants for
    Source Categories: Generic Maximum Achievable Control Technology
                                Standards

63.1100  Applicability.
63.1101  Definitions.
63.1102  Compliance schedule.
63.1103  Source category-specific applicability, definitions, and
          requirements.
63.1104  Process vents from continuous unit operations: applicability
          assessment procedures and methods.
63.1105  Transfer racks.
63.1106  Wastewater provisions.
63.1107  Equipment leaks: applicability assessment procedures and
          methods.
63.1108  Compliance with standards and operation and maintenance
          requirements.
63.1109  Recordkeeping requirements.
63.1110  Reporting requirements.
63.1111  Startup, shutdown, and malfunction.
63.1112  Extension of compliance, and performance test, monitoring,
          recordkeeping, and reporting waivers and alternatives.
63.1113  Procedures for approval of alternative means of emission
          limitation.
63.1114  Implementation and enforcement.

Subparts ZZ-BBB [Reserved]

Subpart CCC_National Emission Standards for Hazardous Air Pollutants for
Steel Pickling_HCl Process Facilities and Hydrochloric Acid Regeneration
                                 Plants

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

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

Subpart DDD_National Emission Standards for Hazardous Air Pollutants for
                         Mineral Wool Production

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

                                Standards

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

                        Compliance With Standards

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

                    Additional Monitoring Information

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

                      Performance Tests and Methods

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

               Notification, Recordkeeping, and Reporting

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

                   Other Requirements and Information

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

[[Page 11]]


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

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

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



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



Sec. 63.600  Applicability.

    (a) Except as provided in paragraphs (c), (d), and (e) of this
section, the requirements of this subpart apply to the owner or operator
of each phosphoric acid manufacturing plant.
    (b) The requirements of this subpart apply to emissions of hazardous
air pollutants (HAPs) emitted from the following new or existing
affected sources at a phosphoric acid manufacturing plant:
    (1) Each wet-process phosphoric acid process line. The requirements
of this subpart apply to the following emission points which are
components of a wet-process phosphoric acid process line: reactors,
filters, evaporators, and hot wells;
    (2) Each evaporative cooling tower at a phosphoric acid
manufacturing plant;
    (3) Each phosphate rock dryer located at a phosphoric acid
manufacturing plant;
    (4) Each phosphate rock calciner located at a phosphoric acid
manufacturing plant;
    (5) Each superphosphoric acid process line. The requirements of this
subpart apply to the following emission points which are components of a
superphosphoric acid process line: evaporators, hot wells, acid sumps,
and cooling tanks; and
    (6) Each purified acid process line. The requirements of this
subpart apply to the following emission points which are components of a
purified phosphoric acid process line: solvent extraction process
equipment, solvent stripping and recovery equipment, seal tanks, carbon
treatment equipment, cooling towers, storage tanks, pumps and process
piping.
    (c) The requirements of this subpart do not apply to the owner or
operator of a new or existing phosphoric acid manufacturing plant that
is not a major source as defined in Sec. 63.2.
    (d) The provisions of this subpart do not apply to research and
development facilities as defined in Sec. 63.601.
    (e) The emission limitations and operating parameter requirements of
this subpart do not apply during periods of startup, shutdown, or
malfunction, as those terms are defined in Sec. 63.2, provided that the
source is operated in accordance with Sec. 63.6(e)(1)(i).

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



Sec. 63.601  Definitions.

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

[[Page 12]]

rock through direct or indirect heating.
    Phosphate rock dryer means the equipment used to reduce the moisture
content of phosphate rock through direct or indirect heating.
    Phosphate rock feed means all material entering any phosphate rock
dryer or phosphate rock calciner including moisture and extraneous
material as well as the following ore materials: fluorapatite,
hydroxylapatite, chlorapatite, and carbonateapatite.
    Purified phosphoric acid process line means any process line which
uses a HAP as a solvent in the separation of impurities from the product
acid for the purposes of rendering that product suitable for industrial,
manufacturing or food grade uses.
    Research and development facility means research or laboratory
operations whose primary purpose is to conduct research and development
into new processes and products, where the operations are under the
close supervision of technically trained personnel, and where the
facility is not engaged in the manufacture of products for commercial
sale in commerce or other off-site distribution, except in a de minimis
manner.
    Superphosphoric acid process line means any process line which
concentrates wet-process phosphoric acid to 66 percent or greater
P2O5 content by weight.
    Total fluorides means elemental fluorine and all fluoride compounds,
including the HAP hydrogen fluoride, as measured by reference methods
specified in 40 CFR part 60, appendix A , Method 13 A or B, or by
equivalent or alternative methods approved by the Administrator pursuant
to Sec. 63.7(f).
    Wet process phosphoric acid process line means any process line
manufacturing phosphoric acid by reacting phosphate rock and acid.



Sec. 63.602  Standards for existing sources.

    (a) Wet process phosphoric acid process line. On and after the date
on which the performance test required to be conducted by Secs. 63.7 and
63.606 is required to be completed, no owner or operator subject to the
provisions of this subpart shall cause to be discharged into the
atmosphere from any affected source any gases which contain total
fluorides in excess of 10.0 gram/metric ton of equivalent
P2O5 feed (0.020 lb/ton).
    (b) Superphosphoric acid process line--(1) Vacuum evaporation
process. On and after the date on which the performance test required to
be conducted by Secs. 63.7 and 63.606 is required to be completed, no
owner or operator subject to the provisions of this subpart shall cause
to be discharged into the atmosphere from any affected source any gases
which contain total fluorides in excess of 5.0 gram/metric ton of
equivalent P2O5 feed (0.010 lb/ton).
    (2) Submerged combustion process. On and after the date on which the
performance test required to be conducted by Secs. 63.7 and 63.606 is
required to be completed, no owner or operator subject to the provisions
of this subpart shall cause to be discharged into the atmosphere from
any affected source any gases which contain total fluorides in excess of
100.0 gram/metric ton of equivalent P2O5 feed
(0.20 lb/ton).
    (c) Phosphate rock dryer. On or after the date on which the
performance test required to be conducted by Secs. 63.7 and 63.606 is
required to be completed, no owner or operator subject to the provisions
of this subpart shall cause to be discharged into the atmosphere from
any affected source any gases which contain particulate matter in excess
of 0.10750 kilogram/metric ton of phosphate rock feed (0.2150 lb/ton).
    (d) Phosphate rock calciner. On or after the date on which the
performance test required to be conducted by Secs. 63.7 and 63.606 is
required to be completed, no owner or operator subject to the provisions
of this subpart shall cause to be discharged into the atmosphere from
any affected source any gases which contain particulate matter in excess
of 0.1810 gram per dry standard cubic meter (g/dscm) (0.080 grains per
dry standard cubic foot (gr/dscf)).
    (e) Evaporative cooling tower. No owner or operator shall introduce
into any evaporative cooling tower any liquid effluent from any wet
scrubbing device installed to control emissions from process equipment.
Each owner or operator of an affected source subject to this paragraph
(e) must certify to

[[Page 13]]

the Administrator annually that he/she has complied with the
requirements contained in this section.
    (f) Purified phosphoric acid process line. (1) Each owner or
operator subject to the provisions of this subpart shall comply with the
provisions of subpart H of this part.
    (2) For any existing purified phosphoric acid process line, any of
the following shall constitute a violation of this subpart:
    (i) A thirty day average of daily concentration measurements of
methyl isobutyl ketone in excess of twenty parts per million for each
product acid stream.
    (ii) A thirty day average of daily concentration measurements of
methyl isobutyl ketone in excess of thirty parts per million for each
raffinate stream.
    (iii) A daily average chiller stack exit gas stream temperature in
excess of fifty degrees Fahrenheit.

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



Sec. 63.603  Standards for new sources.

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

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



Sec. 63.604  Operating requirements.

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

[[Page 14]]

system must maintain daily averages of the pressure drop across each
scrubber and of the flow rate of the scrubbing liquid to each scrubber
within the allowable ranges established pursuant to the requirements of
Sec. 63.605(d)(1) or (2).

[67 FR 40818, June 13, 2002]



Sec. 63.605  Monitoring requirements.

    (a)(1) Each owner or operator of a new or existing wet-process
phosphoric acid process line or superphosphoric acid process line
subject to the provisions of this subpart shall install, calibrate,
maintain, and operate a monitoring system which can be used to determine
and permanently record the mass flow of phosphorus-bearing feed material
to the process. The monitoring system shall have an accuracy of 5
percent over its operating range.
    (2) Each owner or operator of a new or existing phosphate rock dryer
or phosphate rock calciner subject to the provisions of this subpart
shall install, calibrate, maintain, and operate a monitoring system
which can be used to determine and permanently record either the mass
flow of phosphorus-bearing feed material to the dryer or calciner, or
the mass flow of product from the dryer or calciner. The monitoring
system shall have an accuracy of 5 percent over its operating range.
Since the emissions limits under Secs. 63.602(c) and 63.603(c) for the
phosphate rock dryer are in the format of kilogram/megagram (lb/ton) of
phosphate rock feed, during performance testing required in Sec. 63.606,
the owner or operator that chooses to operate a monitoring system to
determine and permanently record the mass flow of product from the dryer
must either simultaneously monitor the dryer feed rate and dryer output
rate, or monitor the dryer output rate and the dryer input and output
moisture contents and calculate the corresponding dryer input rate.
    (b)(1) Each owner or operator of a new or existing wet-process
phosphoric acid process line or superphosphoric acid process line
subject to the provisions of this subpart shall maintain a daily record
of equivalent P2O5 feed by first determining the
total mass rate in metric ton/hour of phosphorus bearing feed using a
monitoring system for measuring mass flowrate which meets the
requirements of paragraph (a) of this section and then by proceeding
according to Sec. 63.606(c)(3).
    (2) Each owner or operator of a new or existing phosphate rock
calciner or phosphate rock dryer subject to the provisions of this
subpart shall maintain a daily record of the following:
    (i) For owners and operators that monitor the mass flow of
phosphorus-bearing feed material to the dryer or calciner, a daily
record of phosphate rock feed by determining the total mass rate in
metric ton/hour of phosphorus-bearing feed using a monitoring system for
measuring mass flowrate which meets the requirements of paragraph (a)(2)
of this section.
    (ii) For owners and operators that monitor the mass flow of product
from the dryer or calciner, a daily record of product by determining the
total mass rate in metric ton/hour of product using a monitoring system
for measuring mass flowrate which meets the requirements of paragraph
(a)(2) of this section.
    (c) Each owner or operator of a new or existing wet-process
phosphoric acid process line, superphosphoric acid process line,
phosphate rock dryer or phosphate rock calciner using a wet scrubbing
emission control system shall install, calibrate, maintain, and operate
the following monitoring systems:
    (1) A monitoring system which continuously measures and permanently
records the pressure drop across each scrubber in the process scrubbing
system in 15-minute block averages. The monitoring system shall be
certified by the manufacturer to have an accuracy of 5 percent over its
operating range.
    (2) A monitoring system which continuously measures and permanently
records the flow rate of the scrubbing liquid to each scrubber in the
process scrubbing system in 15-minute block averages. The monitoring
system shall be certified by the manufacturer to have an accuracy of 5
percent over its operating range.
    (d) Following the date on which the performance test required in
Sec. 63.606 is completed, the owner or operator of a new or existing
affected source using a

[[Page 15]]

wet scrubbing emission control system and subject to emissions
limitations for total fluorides or particulate matter contained in this
subpart must establish allowable ranges for operating parameters using
the methodology of either paragraph (d)(1) or (2) of this section:
    (1) The allowable range for the daily averages of the pressure drop
across each scrubber and of the flow rate of the scrubbing liquid to
each scrubber in the process scrubbing system is 20 percent of the
baseline average value determined as a requirement of Sec. 63.606(c)(4),
(d)(4), or (e)(2). The Administrator retains the right to reduce the 20
percent adjustment to the baseline average values of operating ranges in
those instances where performance test results indicate that a source's
level of emissions is near the value of an applicable emissions
standard, but, in no instance shall the adjustment be reduced to less
than 10 percent. The owner or operator must notify the Administrator of
the baseline average value and must notify the Administrator each time
that the baseline value is changed as a result of the most recent
performance test. When a source using the methodology of this paragraph
is retested, the owner or operator shall determine whether new allowable
ranges of baseline average values will be based upon the new performance
test or (if the new performance test results are within the previously
established range) whether there will be no change in the operating
parameters derived from previous tests. When a source using the
methodology of this paragraph is retested and the performance test
results are submitted to the Administrator pursuant to
Secs. 63.607(c)(1), 63.7(g)(1), and/or 63.10(d)(2), the owner or
operator will indicate whether the operating range will be based on the
new performance test or the previously established range. If the
Administrator has not denied approval of the new operating ranges within
30 days of submission of the performance test results, the new ranges
shall be deemed approved and the new baseline value shall then be
effective on the 31st day following submission.
    (2) The owner or operator of any new or existing affected source
shall establish, and provide to the Administrator for approval,
allowable ranges for the daily averages of the pressure drop across and
of the flow rate of the scrubbing liquid to each scrubber in the process
scrubbing system for the purpose of assuring compliance with this
subpart. Allowable ranges may be based upon baseline average values
recorded during previous performance tests using the test methods
required in Sec. 63.606(c)(4), (d)(4), or (e)(2). As an alternative, the
owner or operator can establish the allowable ranges using the results
of performance tests conducted specifically for the purposes of this
paragraph using the test methods required in this subpart and
established in the manner required in Sec. 63.606(c)(4), (d)(4), or
(e)(2). The source shall certify that the control devices and processes
have not been modified subsequent to the testing upon which the data
used to establish the allowable ranges were obtained. The allowable
ranges developed pursuant to the provisions of this paragraph must be
submitted to the Administrator for approval. The owner or operator must
request and obtain approval of the Administrator for changes to the
allowable ranges. When a source using the methodology of this paragraph
is retested, the owner or operator shall determine new allowable ranges
of baseline average values unless the retest indicates no change in the
operating parameters outside the previously established ranges. If the
Administrator has not denied approval of the new operating ranges within
30 days of submission of the performance test results, the new ranges
shall be deemed approved and the new baseline value shall then be
effective on the 31st day following submission.
    (e) Each owner or operator of a new or existing purified phosphoric
acid process line shall:
    (1) Install, calibrate, maintain, and operate a monitoring system
which continuously measures and permanently records the stack gas exit
temperature for each chiller stack.
    (2) Measure and record the concentration of methyl isobutyl ketone
in each

[[Page 16]]

product acid stream and each raffinate stream once daily.

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



Sec. 63.606  Performance tests and compliance provisions.

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

Where:

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

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

P = Mp Rp

Where:

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

    (i) The accountability system described in Sec. 63.605(a) and (b)
shall be used to determine the mass flow rate (Mp) of the
phosphorus-bearing feed.
    (ii) The P2O5 content (Rp) of the
feed shall be determined using as appropriate the following methods
(incorporated by reference--see 40 CFR 63.14) specified in the Book of
Methods Used and Adopted By The Association Of Florida Phosphate
Chemists, Seventh Edition 1991, where applicable:
    (A) Section IX, Methods of Analysis For Phosphate Rock, No. 1
Preparation of Sample.
    (B) Section IX, Methods of Analysis For Phosphate Rock, No. 3
Phosphorus-P2O5 or
Ca3(PO4)2, Method A-Volumetric Method.
    (C) Section IX, Methods of Analysis For Phosphate Rock, No. 3
Phosphorus-P2O5 or
Ca3(PO4)2, Method B-Gravimetric
Quimociac Method.

[[Page 17]]

    (D) Section IX, Methods of Analysis For Phosphate Rock, No. 3
Phosphorus-P2O5 or
Ca3(PO4)2, Method C-Spectrophotometric
Method.
    (E) Section XI, Methods of Analysis For Phosphoric Acid,
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3
Total Phosphorus-P2O5, Method A-Volumetric Method.
    (F) Section XI, Methods of Analysis For Phosphoric Acid,
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3
Total Phosphorus-P2O5, Method B-Gravimetric
Quimociac Method.
    (G) Section XI, Methods of Analysis For Phosphoric Acid,
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3
Total Phosphorus-P2O5, Method C-Spectrophotometric
Method.
    (4) To comply with Sec. 63.605(d) (1) or (2), the owner or operator
shall use the monitoring systems in Sec. 63.605(c) to determine the
average pressure loss of the gas stream across each scrubber in the
process scrubbing system and to determine the average flow rate of the
scrubber liquid to each scrubber in the process scrubbing system during
each of the total fluoride runs. The arithmetic averages of the three
runs shall be used as the baseline average values for the purposes of
Sec. 63.605(d) (1) or (2).
    (d) Each owner or operator of a new or existing phosphate rock dryer
shall demonstrate compliance with the particulate matter standards in
Sec. 63.602 or Sec. 63.603 as follows:
    (1) The emission rate (E) of particulate matter shall be computed
for each run using the following equation:

E = (Cs Qsd)/(P K)

Where:

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

    (2) Method 5 (40 CFR part 60, appendix A) shall be used to determine
the particulate matter concentration (cs) and volumetric flow
rate (Qsd) of the effluent gas. The sampling time and sample
volume for each run shall be at least 60 minutes and 0.85 dscm (30
dscf).
    (3) The system described in Sec. 63.605(a) shall be used to
determine the phosphate rock feed rate (P) for each run.
    (4) To comply with Sec. 63.605(d) (1) or (2), the owner or operator
shall use the monitoring systems in Sec. 63.605(c) to determine the
average pressure loss of the gas stream across each scrubber in the
process scrubbing system and to determine the average flow rate of the
scrubber liquid to each scrubber in the process scrubbing system during
each of the particulate matter runs. The arithmetic average of the one-
hour averages determined during the three test runs shall be used as the
baseline average values for the purposes of Sec. 63.605(d) (1) or (2).
    (e) Each owner or operator of a new or existing phosphate rock
calciner shall demonstrate compliance with the particulate matter
standards in Secs. 63.602 and 63.603 as follows:
    (1) Method 5 (40 CFR part 60, appendix A) shall be used to determine
the particulate matter concentration. The sampling time and volume for
each test run shall be at least 60 minutes and 1.70 dscm.
    (2) To comply with Sec. 63.605(d) (1) or (2), the owner or operator
shall use the monitoring systems in Sec. 63.605(c) to determine the
average pressure loss of the gas stream across each scrubber in the
process scrubbing system and to determine the average flow rate of the
scrubber liquid to each scrubber in the process scrubbing system during
each of the particulate matter runs. The arithmetic average of the one-
hour averages determined during the three test runs shall be used as the
baseline average values for the purposes of Sec. 63.605(d) (1) or (2).



Sec. 63.607  Notification, recordkeeping, and reporting requirements.

    (a) Each owner or operator subject to the requirements of this
subpart shall comply with the notification requirements in Sec. 63.9.
    (b) Each owner or operator subject to the requirements of this
subpart shall comply with the recordkeeping requirements in Sec. 63.10.

[[Page 18]]

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



Sec. 63.608  Applicability of general provisions.

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



Sec. 63.609  Compliance dates.

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



Sec. 63.610  Exemption from new source performance standards.

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



Sec. 63.611  Implementation and enforcement.

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

[[Page 19]]

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

[68 FR 37351, June 23, 2003]



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

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

[[Page 20]]


63.6(f).............................  Compliance with          Yes
                                       Emission Standards.
63.6(g).............................  Alternative Standard...  Yes.
63.6(h).............................  Compliance with Opacity/ No......................  Subpart AA does not
                                       VE Standards.                                      include VE/opacity
                                                                                          standards.
63.6(i)(1) through (14).............  Extension of Compliance  Yes.
63.6(i)(15).........................  .......................  No......................  [Reserved].
63.6(i)(16).........................  .......................  Yes.
63.6(j).............................  Exemption from           Yes.
                                       Compliance.
63.7(a).............................  Performance Test         Yes.                      Sec. 63.609(a) applies
                                       Requirements                                       rather than Sec.
                                       Applicability.                                     63.7(a)(2)(iii).
63.7(b).............................  Notification...........  Yes.
63.7(c).............................  Quality Assurance/Test   Yes.
                                       Plan.
63.7(d).............................  Testing Facilities.....  Yes.
63.7(e).............................  Conduct of Tests.......  Yes.                      Secs.  63.604 and
                                                                                          63.605 specify
                                                                                          additional
                                                                                          requirements.
63.7(f).............................  Alternative Test Method  Yes.
63.7(g).............................  Data Analysis..........  Yes.
63.7(h).............................  Waiver of Tests........  Yes.
63.8(a)(1)..........................  Monitoring Requirements  Yes.
                                       Applicability.
63.8(a)(2)..........................  .......................  No......................  Subpart AA does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.8(a)(3)..........................  .......................  No......................  [Reserved].
63.8(a)(4)..........................  .......................  Yes.
63.8(b).............................  Conduct of Monitoring..  Yes.
63.8(c)(1) through (4)..............  CMS Operation/           Yes.
                                       Maintenance.
63.8(c)(5) through (8)..............  .......................  No......................  Subpart AA does not
                                                                                          require COMS/CEMS or
                                                                                          CMS performance
                                                                                          specifications.
63.8(d).............................  Quality Control........  Yes.
63.8(e).............................  CMS Performance          No......................  Subpart AA does not
                                       Evaluation.                                        require CMS
                                                                                          performance
                                                                                          evaluations
63.8(f)(1) through (5)..............  Alternative Monitoring   Yes.
                                       Method.
63.8(f)(6)..........................  Alternative to RATA      No......................  Subpart AA does not
                                       Test.                                              require CEMS.
63.8(g)(1)..........................  Data Reduction.........  Yes.
63.8(g)(2)..........................  .......................  No......................  Subpart AA does not
                                                                                          require COMS or CEMS
63.8(g)(3) through (5)..............  .......................  Yes.
63.9(a).............................  Notification             Yes.
                                       Requirements
                                       Applicability.
63.9(b).............................  Initial Notifications..  Yes.
63.9(c).............................  Request for Compliance   Yes.
                                       Extension.
63.9(d).............................  New Source Notification  Yes.
                                       for Special Compliance
                                       Requirements.
63.9(e).............................  Notification of          Yes.
                                       Performance Test.
63.9(f).............................  Notification of VE/      No......................  Subpart AA does not
                                       Opacity Test.                                      include VE/opacity
                                                                                          standards.
63.9(g).............................  Additional CMS           No......................  Subpart AA does not
                                       Notifications.                                     require CMS
                                                                                          performance
                                                                                          evaluation, COMS, or
                                                                                          CEMS.
63.9(h)(1) through (3)..............  Notification of          Yes.
                                       Compliance Status.
63.9(h)(4)..........................  .......................  No......................  [Reserved].
63.9(h)(5) and (6)..................  .......................  Yes.
63.9(i).............................  Adjustment of Deadlines  Yes.
63.9(j).............................  Change in Previous       Yes.
                                       Information.
63.10(a)............................  Recordkeeping/Reporting- Yes.
                                       Applicability.
63.10(b)............................  General Recordkeeping    Yes.
                                       Requirements.
63.10(c)(1).........................  Additional CMS           Yes.
                                       Recordkeeping.
63.10(c)(2) through (4).............  .......................  No......................  [Reserved].
63.10(c)(5).........................  .......................  Yes.
63.10(c)(6).........................  .......................  No......................  Subpart AA does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.10(c)(7) and (8).................  .......................  Yes.
63.10(c)(9).........................  .......................  No......................  [Reserved].
63.10(c)(10) through (13)...........  .......................  Yes.
63.10(c)(14)........................  .......................  No......................  Subpart AA does not
                                                                                          require a CMS quality
                                                                                          control program.
63.10(c)(15)........................  .......................  Yes.

[[Page 21]]


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



Subpart BB_National Emission Standards for Hazardous Air Pollutants From
                 Phosphate Fertilizers Production Plants

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



Sec. 63.620  Applicability.

    (a) Except as provided in paragraphs (c), (d), and (e) of this
section, the requirements of this subpart apply to the owner or operator
of each phosphate fertilizers production plant.
    (b) The requirements of this subpart apply to emissions of hazardous
air pollutants (HAPs) emitted from the following new or existing
affected sources at a phosphate fertilizers production plant:
    (1) Each diammonium and/or monoammonium phosphate process line. The
requirements of this subpart apply to the following emission points
which are components of a diammonium and/or monoammonium phosphate
process line: reactors, granulators, dryers, coolers, screens, and
mills.
    (2) Each granular triple superphosphate process line. The
requirements of this subpart apply to the following emission points
which are components of a granular triple superphosphate process line:
mixers, curing belts (dens), reactors, granulators, dryers, coolers,
screens, and mills.
    (3) Each granular triple superphosphate storage building. The
requirements of this subpart apply to the following emission points
which are components of a granular triple superphosphate storage
building: storage or curing buildings, conveyors, elevators, screens and
mills.
    (c) The requirements of this subpart do not apply to the owner or
operator of a new or existing phosphate fertilizers production plant
that is not a major source as defined in Sec. 63.2.
    (d) The provisions of this subpart do not apply to research and
development facilities as defined in Sec. 63.621.
    (e) The emission limitations and operating parameter requirements of
this subpart do not apply during periods of startup, shutdown, or
malfunction, as those terms are defined in Sec. 63.2, provided that the
source is operated in accordance with Sec. 63.6(e)(1)(i).

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



Sec. 63.621  Definitions.

    Terms used in this subpart are defined in the Clean Air Act, in
Sec. 63.2, or in this section as follows:
    Diammonium and/or monoammonium phosphate process line means any
process line manufacturing granular

[[Page 22]]

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



Sec. 63.622  Standards for existing sources.

    (a) Diammonium and/or monoammonium phosphate process line. On and
after the date on which the performance test required to be conducted by
Secs. 63.7 and 63.626 is required to be completed, no owner or operator
subject to the provisions of this subpart shall cause to be discharged
into the atmosphere from any affected source any gases which contain
total fluorides in excess of 30 grams/metric ton of equivalent
P2O5 feed (0.060 lb/ton).
    (b) Granular triple superphosphate process line. On and after the
date on which the performance test required to be conducted by
Secs. 63.7 and 63.626 is required to be completed, no owner or operator
subject to the provisions of this subpart shall cause to be discharged
into the atmosphere from any affected source any gases which contain
total fluorides in excess of 75 grams/metric ton of equivalent
P2O5 feed (0.150 lb/ton).
    (c) Granular triple superphosphate storage building. (1) On and
after the date on which the performance test required to be conducted by
Secs. 63.7 and 63.626 is required to be completed, no owner or operator
subject to the provisions of this subpart shall cause to be discharged
into the atmosphere from any affected source any gases which contain
total fluorides in excess of 0.250 grams/hr/metric ton of equivalent
P2O5 stored (5.0x10-4 lb/hr/ton of
equivalent P2O5 stored).
    (2) No owner or operator subject to the provisions of this subpart
shall ship fresh granular triple superphosphate from an affected
facility.



Sec. 63.623  Standards for new sources.

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

[[Page 23]]

fluorides in excess of 61.50 grams/metric ton of equivalent
P2O5 feed (0.1230 lb/ton).
    (c) Granular triple superphosphate storage building. (1) On and
after the date on which the performance test required to be conducted by
Secs. 63.7 and 63.626 is required to be completed, no owner or operator
subject to the provisions of this subpart shall cause to be discharged
into the atmosphere from any affected source any gases which contain
total fluorides in excess of 0.250 grams/hr/metric ton of equivalent
P2O5 stored (5.0x10-4 lb/hr/ton of
equivalent P2O5 stored).
    (2) No owner or operator subject to the provisions of this subpart
shall ship fresh granular triple superphosphate from an affected
facility.



Sec. 63.624  Operating requirements.

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

[67 FR 40818, June 13, 2002]



Sec. 63.625  Monitoring requirements.

    (a) Each owner or operator of a new or existing diammonium and/or
monoammonium phosphate process line or granular triple superphosphate
process line subject to the provisions of this subpart shall install,
calibrate, maintain, and operate a monitoring system which can be used
to determine and permanently record the mass flow of phosphorus-bearing
feed material to the process. The monitoring system shall have an
accuracy of 5 percent over its operating range.
    (b) Each owner or operator of a new or existing diammonium and/or
monoammonium phosphate process line or granular triple superphosphate
process line subject to the provisions of this subpart shall maintain a
daily record of equivalent P2O5 feed by first
determining the total mass rate in metric ton/hour of phosphorus bearing
feed using a monitoring system for measuring mass flowrate which meets
the requirements of paragraph (a) of this section and then by proceeding
according to Sec. 63.626(c)(3).
    (c) Each owner or operator of a new or existing diammonium and/or
monoammonium phosphate process line, granular triple superphosphate
process line, or granular triple superphosphate storage building using a
wet scrubbing emission control system shall install, calibrate,
maintain, and operate the following monitoring systems:
    (1) A monitoring system which continuously measures and permanently
records the pressure drop across each scrubber in the process scrubbing
system in 15-minute block averages. The monitoring system shall be
certified by the manufacturer to have an accuracy of 5 percent over its
operating range.
    (2) A monitoring system which continuously measures and permanently
records the flow rate of the scrubbing liquid to each scrubber in the
process scrubbing system in 15-minute block averages. The monitoring
system shall be certified by the manufacturer to have an accuracy of 5
percent over its operating range.
    (d) The owner or operator of any granular triple superphosphate
storage building subject to the provisions of this subpart shall
maintain an accurate account of granular triple superphosphate in
storage to permit the determination of the amount of equivalent
P2O5 stored.
    (e)(1) Each owner or operator of a new or existing granular triple
superphosphate storage building subject to the provisions of this
subpart shall maintain a daily record of total equivalent
P2O5 stored by multiplying the percentage
P2O5 content, as determined by Sec. 63.626(d)(3),
times the total mass of granular triple superphosphate stored.
    (2) The owner or operator of any granular triple superphosphate
storage building subject to the provisions of this subpart shall develop
for approval by the Administrator a site-specific methodology including
sufficient recordkeeping for the purposes of demonstrating compliance
with Sec. 63.622(c)(2) or Sec. 63.623(c)(2), as applicable.

[[Page 24]]

    (f) Following the date on which the performance test required in
Sec. 63.626 is completed, the owner or operator of a new or existing
affected source using a wet scrubbing emission control system and
subject to emissions limitations for total fluorides or particulate
matter contained in this subpart must establish allowable ranges for
operating parameters using the methodology of either paragraph (f)(1) or
(2) of this section:
    (1) The allowable range for the daily averages of the pressure drop
across each scrubber and of the flow rate of the scrubbing liquid to
each scrubber in the process scrubbing system is 20 percent of the
baseline average value determined as a requirement of Sec. 63.626(c)(4)
or (d)(4). The Administrator retains the right to reduce the 20 percent
adjustment to the baseline average values of operating ranges in those
instances where performance test results indicate that a source's level
of emissions is near the value of an applicable emissions standard, but
in no instance shall the adjustment be reduced to less than 10 percent.
The owner or operator must notify the Administrator of the baseline
average value and must notify the Administrator each time that the
baseline value is changed as a result of the most recent performance
test. When a source using the methodology of this paragraph is retested,
the owner or operator shall determine whether new allowable ranges of
baseline average values will be based upon the new performance test or
(if the new performance test results are within the previously
established range) whether there will be no change in the operating
parameters derived from previous tests. When a source using the
methodology of this paragraph is retested and the performance test
results are submitted to the Administrator pursuant to
Secs. 63.627(c)(1), 63.7(g)(1), and/or 63.10(d)(2), the owner or
operator will indicate whether the operating range will be based on the
new performance test or the previously established range. If the
Administrator has not denied approval of the new operating ranges within
30 days of submission of the performance test results, the new ranges
shall be deemed approved and the new baseline value shall then be
effective on the 31st day following submission.
    (2) The owner or operator of any new or existing affected source
shall establish, and provide to the Administrator for approval,
allowable ranges for the daily averages of the pressure drop across and
of the flow rate of the scrubbing liquid to each scrubber in the process
scrubbing system for the purpose of assuring compliance with this
subpart. Allowable ranges may be based upon baseline average values
recorded during previous performance tests using the test methods
required in Sec. 63.626(c)(4) or (d)(4). As an alternative, the owner or
operator can establish the allowable ranges using the results of
performance tests conducted specifically for the purposes of this
paragraph using the test methods required in this subpart and
established in the manner required in Sec. 63.626(c)(4) or (d)(4). The
source shall certify that the control devices and processes have not
been modified subsequent to the testing upon which the data used to
establish the allowable ranges were obtained. The allowable ranges
developed pursuant to the provisions of this paragraph must be submitted
to the Administrator for approval. The owner or operator must request
and obtain approval of the Administrator for changes to the allowable
ranges. When a source using the methodology of this paragraph is
retested, the owner or operator shall determine new allowable ranges of
baseline average values unless the retest indicates no change in the
operating parameters outside the previously established ranges. If the
Administrator has not denied approval of the new operating ranges within
30 days of submission of the performance test results, the new ranges
shall be deemed approved and the new baseline value shall then be
effective on the 31st day following submission.

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



Sec. 63.626  Performance tests and compliance provisions.

    (a)(1) On or before the applicable compliance date in Sec. 63.630
and once per

[[Page 25]]

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

Where:

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

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

P = Mp Rp

Where:

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

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

[[Page 26]]

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

Where:

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

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

P = Mp Rp

Where:

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

    (iv) The accountability system described in Sec. 63.625(d) and (e)
shall be used to determine the amount of product (Mp) in
storage.
    (v) The P2O5 content (Rp) of the
product stored shall be determined using as appropriate the following
methods (incorporated by reference--see 40 CFR 63.14) specified in the
Book of Methods

[[Page 27]]

Used and Adopted By The Association Of Florida Phosphate Chemists,
Seventh Edition 1991, where applicable:
    (A) Section XI, Methods of Analysis For Phosphoric Acid,
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3
Total Phosphorus--P2O5, Method A--Volumetric
Method.
    (B) Section XI, Methods of Analysis For Phosphoric Acid,
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3
Total Phosphorus--P2O5, Method B--Gravimetric
Quimociac Method.
    (C) Section XI, Methods of Analysis For Phosphoric Acid,
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3
Total Phosphorus--P2O5, Method C--
Spectrophotometric Method, or,
    (vi) The P2O5 content (Rp) of the
product stored shall be determined using as appropriate the following
methods (incorporated by reference--see 40 CFR 63.14) specified in the
Official Methods of Analysis of AOAC International, sixteenth Edition,
1995, where applicable:
    (A) AOAC Official Method 957.02 Phosphorus (Total) In Fertilizers,
Preparation of Sample Solution.
    (B) AOAC Official Method 929.01 Sampling of Solid Fertilizers.
    (C) AOAC Official Method 929.02 Preparation of Fertilizer Sample.
    (D) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers,
Automated Method.
    (E) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers,
Alkalimetric Quinolinium Molybdophosphate Method.
    (F) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers,
Gravimetric Quinolinium Molybdophosphate Method.
    (G) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers,
Spectrophotometric Molybdovanadophosphate Method.
    (4) To comply with Sec. 63.625(f) (1) or (2), the owner or operator
shall use the monitoring systems described in Sec. 63.625(c) to
determine the average pressure loss of the gas stream across each
scrubber in the process scrubbing system and to determine the average
flow rate of the scrubber liquid to each scrubber in the process
scrubbing system during each of the total fluoride runs. The arithmetic
averages of the three runs shall be used as the baseline average values
for the purposes of Sec. 63.625(f) (1) or (2).



Sec. 63.627  Notification, recordkeeping, and reporting requirements.

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

[[Page 28]]

    (4) If the total duration of control system operating parameter
exceedances for the reporting period is 1 percent or greater of the
total operating time for the reporting period, the owner or operator
shall submit a summary report and the excess emissions report.



Sec. 63.628  Applicability of general provisions.

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



Sec. 63.629  Miscellaneous requirements.

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



Sec. 63.630  Compliance dates.

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



Sec. 63.631  Exemption from new source performance standards.

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



Sec. 63.632  Implementation and enforcement.

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

[[Page 29]]

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

[68 FR 37351, June 23, 2003]



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

----------------------------------------------------------------------------------------------------------------
           40 CFR citation                  Requirement          Applies to subpart BB           Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1) through (4)..............  General Applicability..  Yes.
63.1(a)(5)..........................  .......................  No......................  [Reserved].
63.1(a)(6) through (8)..............  .......................  Yes.
63.1(a)(9)..........................  .......................  No......................  [Reserved].
63.1(a)(10) through (14)............  .......................  Yes.
63.1(b).............................  Initial Applicability    Yes.
                                       Determination.
63.1(c)(1)..........................  Applicability After      Yes.
                                       Standard Established.
63.1(c)(2)..........................  .......................  Yes.....................  Some plants may be area
                                                                                          sources.
63.1(c)(3)..........................  .......................  No......................  [Reserved].
63.1(c)(4) and (5)..................  .......................  Yes.....................
63.1(d).............................  .......................  No......................  [Reserved].
63.1(e).............................  Applicability of Permit  Yes.
                                       Program.
63.2................................  Definitions............  Yes.....................  Additional definitions
                                                                                          in Sec. 63.621.
63.3................................  Units and Abbreviations  Yes.
63.4(a)(1) through (3)..............  Prohibited Activities..  Yes.
63.4(a)(4)..........................  .......................  No......................  [Reserved].
63.4(a)(5)..........................  .......................  Yes.
63.4(b) and (c).....................  Circumvention/           Yes.
                                       Severability.
63.5(a).............................  Construction/            Yes.
                                       Reconstruction
                                       Applicability.
63.5(b)(1)..........................  Existing, New,           Yes.
                                       Reconstructed Sources
                                       Requirements.
63.5(b)(2)..........................  .......................  No......................  [Reserved].
63.5(b)(3) through (6)..............  .......................  Yes.
63.5(c).............................  .......................  No......................  [Reserved].
63.5(d).............................  Application for          Yes.
                                       Approval of
                                       Construction/
                                       Reconstruction.
63.5(e).............................  Approval of              Yes.
                                       Construction/
                                       Reconstruction.
63.5(f).............................  Approval of              Yes.
                                       Construction/
                                       Reconstruction Based
                                       on State Review.
63.6(a).............................  Compliance with          Yes.
                                       Standards and
                                       Maintenance
                                       Applicability.
63.6(b)(1) through (5)..............  New and Reconstructed    Yes.....................  See also Sec. 63.629.
                                       Sources Dates.
63.6(b)(6)..........................  .......................  No......................  [Reserved].
63.6(b)(7)..........................  .......................  Yes.
63.6(c)(1)..........................  Existing Sources Dates.  Yes.....................  Sec. 63.629 specifies
                                                                                          dates.
63.6(c)(2)..........................  .......................  Yes.
63.6(c)(3) and (4)..................  .......................  No......................  [Reserved].
63.6(c)(5)..........................  .......................  Yes.
63.6(d).............................  .......................  No......................  [Reserved].
63.6(e)(1) and (2)..................  Operation & Maintenance  Yes
                                       Requirements.
63.6(e)(3)..........................  Startup, Shutdown, and   Yes
                                       Malfunction Plan.
63.6(f).............................  Compliance with          Yes
                                       Emission Standards.
63.6(g).............................  Alternative Standard...  Yes.
63.6(h).............................  Compliance with Opacity/ No......................  Subpart BB does not
                                       VE Standards.                                      include VE/opacity
                                                                                          standards.
63.6(i)(1) through (14).............  Extension of Compliance  Yes.
63.6(i)(15).........................  .......................  No......................  [Reserved].
63.6(i)(16).........................  .......................  Yes.
63.6(j).............................  Exemption from           Yes.
                                       Compliance.
63.7(a).............................  Performance Test         Yes.....................  Sec. 63.629(a) applies
                                       Requirements                                       rather than Sec.
                                       Applicability.                                     63.7(a)(2)(iii).
63.7(b).............................  Notification...........  Yes.
63.7(c).............................  Quality Assurance/Test   Yes.
                                       Plan.
63.7(d).............................  Testing Facilities.....  Yes.

[[Page 30]]


63.7(e).............................  Conduct of Tests.......  Yes.....................  Secs.  63.624 and
                                                                                          63.625 specify
                                                                                          additional
                                                                                          requirements.
63.7(f).............................  Alternative Test Method  Yes.
63.7(g).............................  Data Analysis..........  Yes.
63.7(h).............................  Waiver of Tests........  Yes.
63.8(a)(1)..........................  Monitoring Requirements  Yes.
                                       Applicability.
63.8(a)(2)..........................  .......................  No......................  Subpart BB does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.8(a)(3)..........................  .......................  No......................  [Reserved].
63.8(a)(4)..........................  .......................  Yes.
63.8(b).............................  Conduct of Monitoring..  Yes.
63.8(c)(1) through (4)..............  CMS Operation/           Yes.
                                       Maintenance.
63.8(c)(5) through (8)..............  .......................  No......................  Subpart BB does not
                                                                                          require COMS/CEMS or
                                                                                          CMS perfo(b)
                                                                                          [Reserved].rmance
                                                                                          specifications.
63.8(d).............................  Quality Control........  Yes.
63.8(e).............................  CMS Performance          No......................  Subpart BB does not
                                       Evaluation.                                        require CMS
                                                                                          performance
                                                                                          evaluations.
63.8(f)(1) through (5)..............  Alternative Monitoring   Yes.
                                       Method.
63.8(f)(6)..........................  Alternative to RATA      No......................  Subpart BB does not
                                       Test.                                              require CEMS.
63.8(g)(1)..........................  Data Reduction.........  Yes.
63.8(g)(2)..........................  .......................  No......................  Subpart BB does not
                                                                                          require COMS or CEMS.
63.8(g)(3) through (5)..............  .......................  Yes.
63.9(a).............................  Notification             Yes.
                                       Requirements
                                       Applicability.
63.9(b).............................  Initial Notifications..  Yes.
63.9(c).............................  Request for Compliance   Yes.
                                       Extension.
63.9(d).............................  New Source Notification  Yes.
                                       for Special Compliance
                                       Requirements.
63.9(e).............................  Notification of          Yes.
                                       Performance Test.
63.9(f).............................  Notification of VE/      No......................  Subpart BB does not
                                       Opacity Test.                                      include VE/opacity
                                                                                          standards.
63.9(g).............................  Additional CMS           No......................  Subpart BB does not
                                       Notifications.                                     require CMS
                                                                                          performance
                                                                                          evaluation, COMS, or
                                                                                          CEMS.
63.9(h)(1) through (3)..............  Notification of          Yes.
                                       Compliance Status.
63.9(h)(4)..........................  .......................  No......................  [Reserved].
63.9(h)(5) and (6)..................  .......................  Yes.
63.9(i).............................  Adjustment of Deadlines  Yes.
63.9(j).............................  Change in Previous       Yes.
                                       Information.
63.10(a)............................  Recordkeeping/Reporting- Yes.
                                       Applicability.
63.10(b)............................  General Recordkeeping    Yes.
                                       Requirements.
63.10(c)(1).........................  Additional CMS           Yes.
                                       Recordkeeping.
63.10(c)(2) through (4).............  .......................  No......................  [Reserved].
63.10(c)(5).........................  .......................  Yes.
63.10(c)(6).........................  .......................  No......................  Subpart BB does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.10(c)(7) and (8).................  .......................  Yes.
63.10(c)(9).........................  .......................  No......................  [Reserved].
63.10(c)(10) through (13)...........  .......................  Yes.
63.10(c)(14)........................  .......................  No......................  Subpart BB does not
                                                                                          require a CMS quality
                                                                                          control program.
63.10(c)(15)........................  .......................  Yes.
63.10(d)(1).........................  General Reporting        Yes.
                                       Requirements.
63.10(d)(2).........................  Performance Test         Yes.
                                       Results.
63.10(d)(3).........................  Opacity or VE            No......................  Subpart BB does not
                                       Observations.                                      include VE/opacity
                                                                                          standards.
63.10(d)(4) and (5).................  Progress Reports/        Yes.
                                       Startup, Shutdown, and
                                       Malfunction Reports.
63.10(e)(1) and (2).................  Additional CMS Reports.  No......................  Subpart BB does not
                                                                                          require CEMS or CMS
                                                                                          performance
                                                                                          evaluations.
63.10(e)(3).........................  Excess Emissions/CMS     Yes.....................  Sec. 63.626(c)(2)
                                       Performance Reports.                               includes additional
                                                                                          requirements. A CMS
                                                                                          performance report is
                                                                                          not required.
63.10(e)(4).........................  COMS Data Reports......  No......................  Subpart BB does not
                                                                                          require COMS.

[[Page 31]]


63.10(f)............................  Recordkeeping/Reporting  Yes.
                                       Waiver.
63.11(a)............................  Control Device           Yes.
                                       Requirements
                                       Applicability.
63.11(b)............................  Flares.................  No......................  Flares not applicable.
63.12...............................  State Authority and      Yes.....................  Authority for approval
                                       Delegations.                                       of site-specific test
                                                                                          plans for GTSP storage
                                                                                          buildings is retained
                                                                                          (see Sec. 63.628(a)).
63.13...............................  Addresses..............  Yes.
63.14...............................  Incorporation by         Yes.
                                       Reference.
63.15...............................  Information              Yes.
                                       Availability/
                                       Confidentiality.
----------------------------------------------------------------------------------------------------------------


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



Subpart CC_National Emission Standards for Hazardous Air Pollutants From
                          Petroleum Refineries

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



Sec. 63.640  Applicability and designation of affected source.

    (a) This subpart applies to petroleum refining process units and to
related emissions points that are specified in paragraphs (c)(1) through
(8) of this section that are located at a plant site and that meet the
criteria in paragraphs (a)(1) and (2) of this section:
    (1) Are located at a plant site that is a major source as defined in
section 112(a) of the Clean Air Act; and
    (2) Emit or have equipment containing or contacting one or more of
the hazardous air pollutants listed in table 1 of this subpart.
    (b)(1) If the predominant use of the flexible operation unit, as
described in paragraphs (b)(1)(i) and (ii) of this section, is as a
petroleum refining process unit, as defined in Sec. 63.641, then the
flexible operation unit shall be subject to the provisions of this
subpart.
    (i) Except as provided in paragraph (b)(1)(ii) of this section, the
predominant use of the flexible operation unit shall be the use
representing the greatest annual operating time.
    (ii) If the flexible operation unit is used as a petroleum refining
process unit and for another purpose equally based on operating time,
then the predominant use of the flexible operation unit shall be the use
that produces the greatest annual production on a mass basis.
    (2) The determination of applicability of this subpart to petroleum
refining process units that are designed and operated as flexible
operation units shall be reported as specified in Sec. 63.655(h)(6)(i).
    (c) For the purposes of this subpart, the affected source shall
comprise all emissions points, in combination, listed in paragraphs
(c)(1) through (c)(8) of this section that are located at a single
refinery plant site.
    (1) All miscellaneous process vents from petroleum refining process
units meeting the criteria in paragraph (a) of this section;
    (2) All storage vessels associated with petroleum refining process
units meeting the criteria in paragraph (a) of this section;
    (3) All wastewater streams and treatment operations associated with
petroleum refining process units meeting the criteria in paragraph (a)
of this section;
    (4) All equipment leaks from petroleum refining process units
meeting the criteria in paragraph (a) of this section;
    (5) All gasoline loading racks classified under Standard Industrial
Classification code 2911 meeting the criteria in paragraph (a) of this
section;
    (6) All marine vessel loading operations located at a petroleum
refinery meeting the criteria in paragraph (a) of this section and the
applicability criteria of subpart Y, Sec. 63.560;
    (7) All storage vessels and equipment leaks associated with a bulk
gasoline terminal or pipeline breakout station

[[Page 32]]

classified under Standard Industrial Classification code 2911 located
within a contiguous area and under common control with a refinery
meeting the criteria in paragraph (a) of this section; and
    (8) All heat exchange systems, as defined in this subpart.
    (d) The affected source subject to this subpart does not include the
emission points listed in paragraphs (d)(1) through (d)(5) of this
section.
    (1) Stormwater from segregated stormwater sewers;
    (2) Spills;
    (3) Any pump, compressor, pressure relief device, sampling
connection system, open-ended valve or line, valve, or instrumentation
system that is intended to operate in organic hazardous air pollutant
service, as defined in Sec. 63.641 of this subpart, for less than 300
hours during the calendar year;
    (4) Catalytic cracking unit and catalytic reformer catalyst
regeneration vents, and sulfur plant vents; and
    (5) Emission points routed to a fuel gas system, as defined in
Sec. 63.641 of this subpart. No testing, monitoring, recordkeeping, or
reporting is required for refinery fuel gas systems or emission points
routed to refinery fuel gas systems.
    (e) The owner or operator of a storage vessel constructed on or
before August 18, 1994, shall follow the procedures specified in
paragraphs (e)(1) and (e)(2) of this section to determine whether a
storage vessel is part of a source to which this subpart applies. The
owner or operator of a storage vessel constructed after August 18, 1994,
shall follow the procedures specified in paragraphs (e)(1), (e)(2)(i),
and (e)(2)(ii) of this section to determine whether a storage vessel is
part of a source to which this subpart applies.
    (1) Where a storage vessel is used exclusively by a process unit,
the storage vessel shall be considered part of that process unit.
    (i) If the process unit is a petroleum refining process unit subject
to this subpart, then the storage vessel is part of the affected source
to which this subpart applies.
    (ii) If the process unit is not subject to this subpart, then the
storage vessel is not part of the affected source to which this subpart
applies.
    (2) If a storage vessel is not dedicated to a single process unit,
then the applicability of this subpart shall be determined according to
the provisions in paragraphs (e)(2)(i) through (e)(2)(iii) of this
section.
    (i) If a storage vessel is shared among process units and one of the
process units has the predominant use, as determined by paragraphs
(e)(2)(i)(A) and (e)(2)(i)(B) of this section, then the storage vessel
is part of that process unit.
    (A) If the greatest input on a volume basis into the storage vessel
is from a process unit that is located on the same plant site, then that
process unit has the predominant use.
    (B) If the greatest input on a volume basis into the storage vessel
is provided from a process unit that is not located on the same plant
site, then the predominant use shall be the process unit that receives
the greatest amount of material on a volume basis from the storage
vessel at the same plant site.
    (ii) If a storage vessel is shared among process units so that there
is no single predominant use, and at least one of those process units is
a petroleum refining process unit subject to this subpart, the storage
vessel shall be considered to be part of the petroleum refining process
unit that is subject to this subpart. If more than one petroleum
refining process unit is subject to this subpart, the owner or operator
may assign the storage vessel to any of the petroleum refining process
units subject to this subpart.
    (iii) If the predominant use of a storage vessel varies from year to
year, then the applicability of this subpart shall be determined based
on the utilization of that storage vessel during the year preceding
August 18, 1995. This determination shall be reported as specified in
Sec. 63.655(h)(6)(ii).
    (f) The owner or operator of a distillation unit constructed on or
before August 18, 1994, shall follow the procedures specified in
paragraphs (f)(1) through (f)(4) of this section to determine whether a
miscellaneous process vent from a distillation unit is part of a source
to which this subpart applies. The owner or operator of a distillation

[[Page 33]]

unit constructed after August 18, 1994, shall follow the procedures
specified in paragraphs (f)(1) through (f)(5) of this section to
determine whether a miscellaneous process vent from a distillation unit
is part of a source to which this subpart applies.
    (1) If the greatest input to the distillation unit is from a process
unit located on the same plant site, then the distillation unit shall be
assigned to that process unit.
    (2) If the greatest input to the distillation unit is provided from
a process unit that is not located on the same plant site, then the
distillation unit shall be assigned to the process unit located at the
same plant site that receives the greatest amount of material from the
distillation unit.
    (3) If a distillation unit is shared among process units so that
there is no single predominant use, as described in paragraphs (f)(1)
and (f)(2) of this section, and at least one of those process units is a
petroleum refining process unit subject to this subpart, the
distillation unit shall be assigned to the petroleum refining process
unit that is subject to this subpart. If more than one petroleum
refining process unit is subject to this subpart, the owner or operator
may assign the distillation unit to any of the petroleum refining
process units subject to this rule.
    (4) If the process unit to which the distillation unit is assigned
is a petroleum refining process unit subject to this subpart and the
vent stream contains greater than 20 parts per million by volume total
organic hazardous air pollutants, then the vent from the distillation
unit is considered a miscellaneous process vent (as defined in
Sec. 63.641 of this subpart) and is part of the source to which this
subpart applies.
    (5) If the predominant use of a distillation unit varies from year
to year, then the applicability of this subpart shall be determined
based on the utilization of that distillation unit during the year
preceding August 18, 1995. This determination shall be reported as
specified in Sec. 63.655(h)(6)(iii).
    (g) The provisions of this subpart do not apply to the processes
specified in paragraphs (g)(1) through (g)(7) of this section.
    (1) Research and development facilities, regardless of whether the
facilities are located at the same plant site as a petroleum refining
process unit that is subject to the provisions of this subpart;
    (2) Equipment that does not contain any of the hazardous air
pollutants listed in table 1 of this subpart that is located within a
petroleum refining process unit that is subject to this subpart;
    (3) Units processing natural gas liquids;
    (4) Units that are used specifically for recycling discarded oil;
    (5) Shale oil extraction units;
    (6) Ethylene processes; and
    (7) Process units and emission points subject to subparts F, G, H,
and I of this part.
    (h) Except as provided in paragraphs (k), (l), or (m) of this
section, sources subject to this subpart are required to achieve
compliance on or before the dates specified in paragraphs (h)(1) through
(h)(6) of this section.
    (1) Except as provided in paragraphs (h)(1)(i) and (ii) of this
section, new sources that commence construction or reconstruction after
July 14, 1994, shall be in compliance with this subpart upon initial
startup or August 18, 1995, whichever is later.
    (i) At new sources that commence construction or reconstruction
after July 14, 1994, but on or before September 4, 2007, heat exchange
systems shall be in compliance with the existing source requirements for
heat exchange systems specified in Sec. 63.654 no later than October 29,
2012.
    (ii) At new sources that commence construction or reconstruction
after September 4, 2007, heat exchange systems shall be in compliance
with the new source requirements in Sec. 63.654 upon initial startup or
October 28, 2009, whichever is later.
    (2) Except as provided in paragraphs (h)(3) through (h)(6) of this
section, existing sources shall be in compliance with this subpart no
later than August 18, 1998, except as provided in Sec. 63.6(c)(5) of
subpart A of this part, or unless an extension has been granted by the
Administrator as provided in Sec. 63.6(i) of subpart A of this part.

[[Page 34]]

    (3) Marine tank vessels at existing sources shall be in compliance
with this subpart no later than August 18, 1999 unless the vessels are
included in an emissions average to generate emission credits. Marine
tank vessels used to generate credits in an emissions average shall be
in compliance with this subpart no later than August 18, 1998 unless an
extension has been granted by the Administrator as provided in
Sec. 63.6(i).
    (4) Existing Group 1 floating roof storage vessels shall be in
compliance with Sec. 63.646 of this subpart at the first degassing and
cleaning activity after August 18, 1998, or August 18, 2005, whichever
is first.
    (5) An owner or operator may elect to comply with the provisions of
Sec. 63.648 (c) through (i) as an alternative to the provisions of
Sec. 63.648 (a) and (b). In such cases, the owner or operator shall
comply no later than the dates specified in paragraphs (h)(5)(i) through
(h)(5)(iii) of this section.
    (i) Phase I (see table 2 of this subpart), beginning on August 18,
1998;
    (ii) Phase II (see table 2 of this subpart), beginning no later than
August 18, 1999; and
    (iii) Phase III (see table 2 of this subpart), beginning no later
than February 18, 2001.
    (6) Heat exchange systems at an existing source shall be in
compliance with the existing source standards in Sec. 63.654 no later
than October 29, 2012.
    (i) If an additional petroleum refining process unit is added to a
plant site that is a major source as defined in section 112(a) of the
Clean Air Act, the addition shall be subject to the requirements for a
new source if it meets the criteria specified in paragraphs (i)(1)
through (i)(3) of this section:
    (1) It is an addition that meets the definition of construction in
Sec. 63.2 of subpart A of this part;
    (2) Such construction commenced after July 14, 1994; and
    (3) The addition has the potential to emit 10 tons per year or more
of any hazardous air pollutant or 25 tons per year or more of any
combination of hazardous air pollutants.
    (j) If any change is made to a petroleum refining process unit
subject to this subpart, the change shall be subject to the requirements
for a new source if it meets the criteria specified in paragraphs (j)(1)
and (j)(2) of this section:
    (1) It is a change that meets the definition of reconstruction in
Sec. 63.2 of subpart A of this part; and
    (2) Such reconstruction commenced after July 14, 1994.
    (k) If an additional petroleum refining process unit is added to a
plant site or a change is made to a petroleum refining process unit and
the addition or change is determined to be subject to the new source
requirements according to paragraphs (i) or (j) of this section it must
comply with the requirements specified in paragraphs (k)(1) and (k)(2)
of this section:
    (1) The reconstructed source, addition, or change shall be in
compliance with the new source requirements upon initial startup of the
reconstructed source or by August 18, 1995, whichever is later; and
    (2) The owner or operator of the reconstructed source, addition, or
change shall comply with the reporting and recordkeeping requirements
that are applicable to new sources. The applicable reports include, but
are not limited to:
    (i) The application for approval of construction or reconstruction
shall be submitted as soon as practical before the construction or
reconstruction is planned to commence (but it need not be sooner than
November 16, 1995);
    (ii) The Notification of Compliance Status report as required by
Sec. 63.655(f) for a new source, addition, or change;
    (iii) Periodic Reports and other reports as required by
Sec. 63.655(g) and (h);
    (iv) Reports and notifications required by Sec. 60.487 of subpart VV
of part 60 or Sec. 63.182 of subpart H of this part. The requirements
for subpart H are summarized in table 3 of this subpart;
    (v) Reports required by 40 CFR 61.357 of subpart FF;
    (vi) Reports and notifications required by Sec. 63.428(b), (c),
(g)(1), (h)(1) through (h)(3), and (k) of subpart R. These requirements
are summarized in table 4 of this subpart; and
    (vii) Reports and notifications required by Secs. 63.565 and 63.567
of subpart Y of this part. These requirements are summarized in table 5
of this subpart.

[[Page 35]]

    (l) If an additional petroleum refining process unit is added to a
plant site or if a miscellaneous process vent, storage vessel, gasoline
loading rack, marine tank vessel loading operation, or heat exchange
system that meets the criteria in paragraphs (c)(1) through (8) of this
section is added to an existing petroleum refinery or if another
deliberate operational process change creating an additional Group 1
emissions point(s) (as defined in Sec. 63.641) is made to an existing
petroleum refining process unit, and if the addition or process change
is not subject to the new source requirements as determined according to
paragraphs (i) or (j) of this section, the requirements in paragraphs
(l)(1) through (3) of this section shall apply. Examples of process
changes include, but are not limited to, changes in production capacity,
or feed or raw material where the change requires construction or
physical alteration of the existing equipment or catalyst type, or
whenever there is replacement, removal, or addition of recovery
equipment. For purposes of this paragraph and paragraph (m) of this
section, process changes do not include: Process upsets, unintentional
temporary process changes, and changes that are within the equipment
configuration and operating conditions documented in the Notification of
Compliance Status report required by Sec. 63.655(f).
    (1) The added emission point(s) and any emission point(s) within the
added or changed petroleum refining process unit are subject to the
requirements for an existing source.
    (2) The added emission point(s) and any emission point(s) within the
added or changed petroleum refining process unit shall be in compliance
with this subpart by the dates specified in paragraphs (l)(2)(i) or
(l)(2)(ii) of this section, as applicable.
    (i) If a petroleum refining process unit is added to a plant site or
an emission point(s) is added to any existing petroleum refining process
unit, the added emission point(s) shall be in compliance upon initial
startup of any added petroleum refining process unit or emission
point(s) or by August 18, 1998, whichever is later.
    (ii) If a deliberate operational process change to an existing
petroleum refining process unit causes a Group 2 emission point to
become a Group 1 emission point (as defined in Sec. 63.641), the owner
or operator shall be in compliance upon initial startup or by August 18,
1998, whichever is later, unless the owner or operator demonstrates to
the Administrator that achieving compliance will take longer than making
the change. If this demonstration is made to the Administrator's
satisfaction, the owner or operator shall follow the procedures in
paragraphs (m)(1) through (m)(3) of this section to establish a
compliance date.
    (3) The owner or operator of a petroleum refining process unit or of
a storage vessel, miscellaneous process vent, wastewater stream,
gasoline loading rack, marine tank vessel loading operation, or heat
exchange system meeting the criteria in paragraphs (c)(1) through (8) of
this section that is added to a plant site and is subject to the
requirements for existing sources shall comply with the reporting and
recordkeeping requirements that are applicable to existing sources
including, but not limited to, the reports listed in paragraphs
(l)(3)(i) through (vii) of this section. A process change to an existing
petroleum refining process unit shall be subject to the reporting
requirements for existing sources including, but not limited to, the
reports listed in paragraphs (l)(3)(i) through (l)(3)(vii) of this
section. The applicable reports include, but are not limited to:
    (i) The Notification of Compliance Status report as required by
Sec. 63.655(f) for the emission points that were added or changed;
    (ii) Periodic Reports and other reports as required by
Sec. 63.655(g) and (h);
    (iii) Reports and notifications required by sections of subpart A of
this part that are applicable to this subpart, as identified in table 6
of this subpart.
    (iv) Reports and notifications required by Sec. 63.182, or 40 CFR
60.487. The requirements of subpart H of this part are summarized in
table 3 of this subpart;
    (v) Reports required by Sec. 61.357 of subpart FF;
    (vi) Reports and notifications required by Sec. 63.428(b), (c),
(g)(1), (h)(1) through (h)(3), and (k) of subpart R.

[[Page 36]]

These requirements are summarized in table 4 of this subpart; and
    (vii) Reports and notifications required by Secs. 63.565 and 63.567
of subpart Y. These requirements are summarized in table 5 of this
subpart.
    (4) If pumps, compressors, pressure relief devices, sampling
connection systems, open-ended valves or lines, valves, or
instrumentation systems are added to an existing source, they are
subject to the equipment leak standards for existing sources in
Sec. 63.648. A notification of compliance status report shall not be
required for such added equipment.
    (m) If a change that does not meet the criteria in paragraph (l) of
this section is made to a petroleum refining process unit subject to
this subpart, and the change causes a Group 2 emission point to become a
Group 1 emission point (as defined in Sec. 63.641), then the owner or
operator shall comply with the requirements of this subpart for existing
sources for the Group 1 emission point as expeditiously as practicable,
but in no event later than 3 years after the emission point becomes
Group 1.
    (1) The owner or operator shall submit to the Administrator for
approval a compliance schedule, along with a justification for the
schedule.
    (2) The compliance schedule shall be submitted within 180 days after
the change is made, unless the compliance schedule has been previously
submitted to the permitting authority. If it is not possible to
determine until after the change is implemented whether the emission
point has become Group 1, the compliance schedule shall be submitted
within 180 days of the date when the affect of the change is known to
the source. The compliance schedule may be submitted in the next
Periodic Report if the change is made after the date the Notification of
Compliance Status report is due.
    (3) The Administrator shall approve or deny the compliance schedule
or request changes within 120 calendar days of receipt of the compliance
schedule and justification. Approval is automatic if not received from
the Administrator within 120 calendar days of receipt.
    (n) Overlap of subpart CC with other regulations for storage
vessels.
    (1) After the compliance dates specified in paragraph (h) of this
section, a Group 1 or Group 2 storage vessel that is part of an existing
source and is also subject to the provisions of 40 CFR part 60, subpart
Kb, is required to comply only with the requirements of 40 CFR part 60,
subpart Kb, except as provided in paragraph (n)(8) of this section.
    (2) After the compliance dates specified in paragraph (h) of this
section a Group 1 storage vessel that is part of a new source and is
subject to 40 CFR part 60, subpart Kb is required to comply only with
this subpart.
    (3) After the compliance dates specified in paragraph (h) of this
section, a Group 2 storage vessel that is part of a new source and is
subject to the control requirements in Sec. 60.112b of 40 CFR part 60,
subpart Kb is required to comply only with 40 CFR part 60, subpart Kb
except as provided in paragraph (n)(8) of this section.
    (4) After the compliance dates specified in paragraph (h) of this
section, a Group 2 storage vessel that is part of a new source and is
subject to 40 CFR 60.110b, but is not required to apply controls by 40
CFR 60.110b or 60.112b is required to comply only with this subpart.
    (5) After the compliance dates specified in paragraph (h) of this
section a Group 1 storage vessel that is also subject to the provisions
of 40 CFR part 60, subparts K or Ka is required to only comply with the
provisions of this subpart.
    (6) After compliance dates specified in paragraph (h) of this
section, a Group 2 storage vessel that is subject to the control
requirements of 40 CFR part 60, subparts K or Ka is required to comply
only with the provisions of 40 CFR part 60, subparts K or Ka except as
provided for in paragraph (n)(9) of this section.
    (7) After the compliance dates specified in paragraph (h) of this
section, a Group 2 storage vessel that is subject to 40 CFR part 60,
subparts K or Ka, but not to the control requirements of 40 CFR part 60,
subparts K or Ka, is required to comply only with this subpart.

[[Page 37]]

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

[[Page 38]]

subpart QQQ is required to comply only with this subpart.
    (2) After the compliance dates specified in paragraph (h) of this
section a Group 1 or Group 2 wastewater stream that is conveyed, stored,
or treated in a wastewater stream management unit that also receives
streams subject to the provisions of Secs. 63.133 through 63.147 of
subpart G wastewater provisions of this part shall comply as specified
in paragraph (o)(2)(i) or (o)(2)(ii) of this section. Compliance with
the provisions of paragraph (o)(2) of this section shall constitute
compliance with the requirements of this subpart for that wastewater
stream.
    (i) Comply with paragraphs (o)(2)(i)(A) through (o)(2)(i)(C) of this
section.
    (A) The provisions in Secs. 63.133 through 63.140 of subpart G for
all equipment used in the storage and conveyance of the Group 1 or Group
2 wastewater stream.
    (B) The provisions in both 40 CFR part 61, subpart FF and in
Secs. 63.138 and 63.139 of subpart G for the treatment and control of
the Group 1 or Group 2 wastewater stream.
    (C) The provisions in Secs. 63.143 through 63.148 of subpart G for
monitoring and inspections of equipment and for recordkeeping and
reporting requirements. The owner or operator is not required to comply
with the monitoring, recordkeeping, and reporting requirements
associated with the treatment and control requirements in 40 CFR part
61, subpart FF, Secs. 61.355 through 61.357.
    (ii) Comply with paragraphs (o)(2)(ii)(A) and (o)(2)(ii)(B) of this
section.
    (A) Comply with the provisions of Secs. 63.133 through 63.148 and
Secs. 63.151 and 63.152 of subpart G.
    (B) For any Group 2 wastewater stream or organic stream whose
benzene emissions are subject to control through the use of one or more
treatment processes or waste management units under the provisions of 40
CFR part 61, subpart FF on or after December 31, 1992, comply with the
requirements of Sec. 63.133 through Sec. 63.147 of subpart G for Group 1
wastewater streams.
    (p) Overlap of subpart CC with other regulations for equipment
leaks.
    (1) After the compliance dates specified in paragraph (h) of this
section, equipment leaks that are also subject to the provisions of 40
CFR parts 60 and 61 standards promulgated before September 4, 2007, are
required to comply only with the provisions specified in this subpart.
    (2) Equipment leaks that are also subject to the provisions of 40
CFR part 60, subpart GGGa, are required to comply only with the
provisions specified in 40 CFR part 60, subpart GGGa.
    (q) For overlap of subpart CC with local or State regulations, the
permitting authority for the affected source may allow consolidation of
the monitoring, recordkeeping, and reporting requirements under this
subpart with the monitoring, recordkeeping, and reporting requirements
under other applicable requirements in 40 CFR parts 60, 61, or 63, and
in any 40 CFR part 52 approved State implementation plan provided the
implementation plan allows for approval of alternative monitoring,
reporting, or recordkeeping requirements and provided that the permit
contains an equivalent degree of compliance and control.
    (r) Overlap of subpart CC with other regulations for gasoline
loading racks. After the compliance dates specified in paragraph (h) of
this section, a Group 1 gasoline loading rack that is part of a source
subject to subpart CC and also is subject to the provisions of 40 CFR
part 60, subpart XX is required to comply only with this subpart.

[60 FR 43260, Aug. 18, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61
FR 29878, June 12, 1996; 63 FR 44140, Aug. 18, 1998; 66 FR 28841, May
25, 2001; 74 FR 55683, Oct. 28, 2009; 78 FR 37145, June 20, 2013]



Sec. 63.641  Definitions.

    All terms used in this subpart shall have the meaning given them in
the Clean Air Act, subpart A of this part, and in this section. If the
same term is defined in subpart A and in this section, it shall have the
meaning given in this section for purposes of this subpart.
    Affected source means the collection of emission points to which
this subpart applies as determined by the criteria in Sec. 63.640.

[[Page 39]]

    Aliphatic means open-chained structure consisting of paraffin,
olefin and acetylene hydrocarbons and derivatives.
    Annual average true vapor pressure means the equilibrium partial
pressure exerted by the stored liquid at the temperature equal to the
annual average of the liquid storage temperature for liquids stored
above or below the ambient temperature or at the local annual average
temperature reported by the National Weather Service for liquids stored
at the ambient temperature, as determined:
    (1) In accordance with methods specified in Sec. 63.111 of subpart G
of this part;
    (2) From standard reference texts; or
    (3) By any other method approved by the Administrator.
    Boiler means any enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator.
    By compound means by individual stream components, not by carbon
equivalents.
    Car-seal means a seal that is placed on a device that is used to
change the position of a valve (e.g., from opened to closed) in such a
way that the position of the valve cannot be changed without breaking
the seal.
    Closed vent system means a system that is not open to the atmosphere
and is configured of piping, ductwork, connections, and, if necessary,
flow inducing devices that transport gas or vapor from an emission point
to a control device or back into the process. If gas or vapor from
regulated equipment is routed to a process (e.g., to a petroleum
refinery fuel gas system), the process shall not be considered a closed
vent system and is not subject to closed vent system standards.
    Combustion device means an individual unit of equipment such as a
flare, incinerator, process heater, or boiler used for the combustion of
organic hazardous air pollutant vapors.
    Connector means flanged, screwed, or other joined fittings used to
connect two pipe lines or a pipe line and a piece of equipment. A common
connector is a flange. Joined fittings welded completely around the
circumference of the interface are not considered connectors for the
purpose of this regulation. For the purpose of reporting and
recordkeeping, connector means joined fittings that are accessible.
    Continuous record means documentation, either in hard copy or
computer readable form, of data values measured at least once every hour
and recorded at the frequency specified in Sec. 63.655(i).
    Continuous recorder means a data recording device recording an
instantaneous data value or an average data value at least once every
hour.
    Control device means any equipment used for recovering, removing, or
oxidizing organic hazardous air pollutants. Such equipment includes, but
is not limited to, absorbers, carbon adsorbers, condensers,
incinerators, flares, boilers, and process heaters. For miscellaneous
process vents (as defined in this section), recovery devices (as defined
in this section) are not considered control devices.
    Cooling tower means a heat removal device used to remove the heat
absorbed in circulating cooling water systems by transferring the heat
to the atmosphere using natural or mechanical draft.
    Cooling tower return line means the main water trunk lines at the
inlet to the cooling tower before exposure to the atmosphere.
    Delayed coker vent means a vent that is typically intermittent in
nature, and usually occurs only during the initiation of the
depressuring cycle of the decoking operation when vapor from the coke
drums cannot be sent to the fractionator column for product recovery,
but instead is routed to the atmosphere through a closed blowdown system
or directly to the atmosphere in an open blowdown system. The emissions
from the decoking phases of delayed coker operations, which include coke
drum deheading, draining, or decoking (coke cutting), are not considered
to be delayed coker vents.
    Distillate receiver means overhead receivers, overhead accumulators,
reflux drums, and condenser(s) including ejector-condenser(s) associated
with a distillation unit.
    Distillation unit means a device or vessel in which one or more feed
streams are separated into two or more exit streams, each exit stream
having component concentrations different

[[Page 40]]

from those in the feed stream(s). The separation is achieved by the
redistribution of the components between the liquid and the vapor phases
by vaporization and condensation as they approach equilibrium within the
distillation unit. Distillation unit includes the distillate receiver,
reboiler, and any associated vacuum pump or steam jet.
    Emission point means an individual miscellaneous process vent,
storage vessel, wastewater stream, or equipment leak associated with a
petroleum refining process unit; an individual storage vessel or
equipment leak associated with a bulk gasoline terminal or pipeline
breakout station classified under Standard Industrial Classification
code 2911; a gasoline loading rack classified under Standard Industrial
Classification code 2911; or a marine tank vessel loading operation
located at a petroleum refinery.
    Equipment leak means emissions of organic hazardous air pollutants
from a pump, compressor, pressure relief device, sampling connection
system, open-ended valve or line, valve, or instrumentation system ``in
organic hazardous air pollutant service'' as defined in this section.
Vents from wastewater collection and conveyance systems (including, but
not limited to wastewater drains, sewer vents, and sump drains), tank
mixers, and sample valves on storage tanks are not equipment leaks.
    Flame zone means the portion of a combustion chamber of a boiler or
process heater occupied by the flame envelope created by the primary
fuel.
    Flexible operation unit means a process unit that manufactures
different products periodically by alternating raw materials or
operating conditions. These units are also referred to as campaign
plants or blocked operations.
    Flow indicator means a device that indicates whether gas is flowing,
or whether the valve position would allow gas to flow, in a line.
    Fuel gas system means the offsite and onsite piping and control
system that gathers gaseous streams generated by refinery operations,
may blend them with sources of gas, if available, and transports the
blended gaseous fuel at suitable pressures for use as fuel in heaters,
furnaces, boilers, incinerators, gas turbines, and other combustion
devices located within or outside of the refinery. The fuel is piped
directly to each individual combustion device, and the system typically
operates at pressures over atmospheric. The gaseous streams can contain
a mixture of methane, light hydrocarbons, hydrogen and other
miscellaneous species.
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kilopascals or
greater that is used as a fuel for internal combustion engines.
    Gasoline loading rack means the loading arms, pumps, meters, shutoff
valves, relief valves, and other piping and valves necessary to fill
gasoline cargo tanks.
    Group 1 gasoline loading rack means any gasoline loading rack
classified under Standard Industrial Classification code 2911 that is
located within a bulk gasoline terminal that has a gasoline throughput
greater than 75,700 liters per day. Gasoline throughput shall be the
maximum calculated design throughput for the terminal as may be limited
by compliance with enforceable conditions under Federal, State, or local
law and discovered by the Administrator and any other person.
    Group 1 marine tank vessel means a vessel at an existing source
loaded at any land- or sea-based terminal or structure that loads liquid
commodities with vapor pressures greater than or equal to 10.3
kilopascals in bulk onto marine tank vessels, that emits greater than
9.1 megagrams of any individual HAP or 22.7 megagrams of any combination
of HAP annually after August 18, 1999, or a vessel at a new source
loaded at any land- or sea-based terminal or structure that loads liquid
commodities with vapor pressures greater than or equal to 10.3
kilopascals onto marine tank vessels.
    Group 1 miscellaneous process vent means a miscellaneous process
vent for which the total organic HAP concentration is greater than or
equal to 20 parts per million by volume, and the total volatile organic
compound emissions are greater than or equal to 33 kilograms per day for
existing sources and 6.8 kilograms per day for new

[[Page 41]]

sources at the outlet of the final recovery device (if any) and prior to
any control device and prior to discharge to the atmosphere.
    Group 1 storage vessel means a storage vessel at an existing source
that has a design capacity greater than or equal to 177 cubic meters and
stored-liquid maximum true vapor pressure greater than or equal to 10.4
kilopascals and stored-liquid annual average true vapor pressure greater
than or equal to 8.3 kilopascals and annual average HAP liquid
concentration greater than 4 percent by weight total organic HAP; a
storage vessel at a new source that has a design storage capacity
greater than or equal to 151 cubic meters and stored-liquid maximum true
vapor pressure greater than or equal to 3.4 kilopascals and annual
average HAP liquid concentration greater than 2 percent by weight total
organic HAP; or a storage vessel at a new source that has a design
storage capacity greater than or equal to 76 cubic meters and less than
151 cubic meters and stored-liquid maximum true vapor pressure greater
than or equal to 77 kilopascals and annual average HAP liquid
concentration greater than 2 percent by weight total organic HAP.
    Group 1 wastewater stream means a wastewater stream at a petroleum
refinery with a total annual benzene loading of 10 megagrams per year or
greater as calculated according to the procedures in 40 CFR 61.342 of
subpart FF of part 61 that has a flow rate of 0.02 liters per minute or
greater, a benzene concentration of 10 parts per million by weight or
greater, and is not exempt from control requirements under the
provisions of 40 CFR part 61, subpart FF.
    Group 2 gasoline loading rack means a gasoline loading rack
classified under Standard Industrial Classification code 2911 that does
not meet the definition of a Group 1 gasoline loading rack.
    Group 2 marine tank vessel means a marine tank vessel that does not
meet the definition of a Group 1 marine tank vessel.
    Group 2 miscellaneous process vent means a miscellaneous process
vent that does not meet the definition of a Group 1 miscellaneous
process vent.
    Group 2 storage vessel means a storage vessel that does not meet the
definition of a Group 1 storage vessel.
    Group 2 wastewater stream means a wastewater stream that does not
meet the definition of Group 1 wastewater stream.
    Hazardous air pollutant or HAP means one of the chemicals listed in
section 112(b) of the Clean Air Act.
    Heat exchange system means a device or collection of devices used to
transfer heat from process fluids to water without intentional direct
contact of the process fluid with the water (i.e., non-contact heat
exchanger) and to transport and/or cool the water in a closed-loop
recirculation system (cooling tower system) or a once-through system
(e.g., river or pond water). For closed-loop recirculation systems, the
heat exchange system consists of a cooling tower, all petroleum refinery
process unit heat exchangers that are in organic HAP service, as defined
in this subpart, serviced by that cooling tower, and all water lines to
and from these petroleum refinery process unit heat exchangers. For
once-through systems, the heat exchange system consists of all heat
exchangers that are in organic HAP service, as defined in this subpart,
servicing an individual petroleum refinery process unit and all water
lines to and from these heat exchangers. Sample coolers or pump seal
coolers are not considered heat exchangers for the purpose of this
definition and are not part of the heat exchange system. Intentional
direct contact with process fluids results in the formation of a
wastewater.
    Heat exchanger exit line means the cooling water line from the exit
of one or more heat exchangers (where cooling water leaves the heat
exchangers) to either the entrance of the cooling tower return line or
prior to exposure to the atmosphere, in, as an example, a once-through
cooling system, whichever occurs first.
    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 42]]

section; rather, the energy recovery section is a separate section
following the combustion section and the two are joined by ducts or
connections carrying flue gas.
    In heavy liquid service means that the piece of equipment is not in
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains a
liquid that meets the conditions specified in Sec. 60.593(d) of part 60,
subpart GGG.
    In organic hazardous air pollutant service 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 as determined according to the provisions of Sec. 63.180(d) of this
part and table 1 of this subpart. The provisions of Sec. 63.180(d) also
specify how to determine that a piece of equipment is not in organic HAP
service.
    Leakless valve means a valve that has no external actuating
mechanism.
    Maximum true vapor pressure means the equilibrium partial pressure
exerted by the stored liquid at the temperature equal to the highest
calendar-month average of the liquid storage temperature for liquids
stored above or below the ambient temperature or at the local maximum
monthly average temperature as reported by the National Weather Service
for liquids stored at the ambient temperature, as determined:
    (1) In accordance with methods specified in Sec. 63.111 of subpart G
of this part;
    (2) From standard reference texts; or
    (3) By any other method approved by the Administrator.
    Miscellaneous process vent means a gas stream containing greater
than 20 parts per million by volume organic HAP that is continuously or
periodically discharged during normal operation of a petroleum refining
process unit meeting the criteria specified in Sec. 63.640(a).
Miscellaneous process vents include gas streams that are discharged
directly to the atmosphere, gas streams that are routed to a control
device prior to discharge to the atmosphere, or gas streams that are
diverted through a product recovery device prior to control or discharge
to the atmosphere. Miscellaneous process vents include vent streams
from: caustic wash accumulators, distillation tower condensers/
accumulators, flash/knockout drums, reactor vessels, scrubber overheads,
stripper overheads, vacuum (steam) ejectors, wash tower overheads, water
wash accumulators, blowdown condensers/accumulators, and delayed coker
vents. Miscellaneous process vents do not include:
    (1) Gaseous streams routed to a fuel gas system;
    (2) Relief valve discharges;
    (3) Leaks from equipment regulated under Sec. 63.648;
    (4) Episodic or nonroutine releases such as those associated with
startup, shutdown, malfunction, maintenance, depressuring, and catalyst
transfer operations;
    (5) In situ sampling systems (onstream analyzers);
    (6) Catalytic cracking unit catalyst regeneration vents;
    (7) Catalytic reformer regeneration vents;
    (8) Sulfur plant vents;
    (9) Vents from control devices such as scrubbers, boilers,
incinerators, and electrostatic precipitators applied to catalytic
cracking unit catalyst regeneration vents, catalytic reformer
regeneration vents, and sulfur plant vents;
    (10) Vents from any stripping operations applied to comply with the
wastewater provisions of this subpart, subpart G of this part, or 40 CFR
part 61, subpart FF;
    (11) Coking unit vents associated with coke drum depressuring at or
below a coke drum outlet pressure of 15 pounds per square inch gauge,
deheading, draining, or decoking (coke cutting) or pressure testing
after decoking;
    (12) Vents from storage vessels;
    (13) Emissions from wastewater collection and conveyance systems
including, but not limited to, wastewater drains, sewer vents, and sump
drains; and
    (14) Hydrogen production plant vents through which carbon dioxide is
removed from process streams or through which steam condensate produced
or treated within the hydrogen plant is degassed or deaerated.
    Operating permit means a permit required by 40 CFR parts 70 or 71.

[[Page 43]]

    Organic hazardous air pollutant or organic HAP in this subpart,
means any of the organic chemicals listed in table 1 of this subpart.
    Petroleum-based solvents means mixtures of aliphatic hydrocarbons or
mixtures of one and two ring aromatic hydrocarbons.
    Periodically discharged means discharges that are intermittent and
associated with routine operations. Discharges associated with
maintenance activities or process upsets are not considered periodically
discharged miscellaneous process vents and are therefore not regulated
by the petroleum refinery miscellaneous process vent provisions.
    Petroleum refining process unit means a process unit used in an
establishment primarily engaged in petroleum refining as defined in the
Standard Industrial Classification code for petroleum refining (2911),
and used primarily for the following:
    (1) Producing transportation fuels (such as gasoline, diesel fuels,
and jet fuels), heating fuels (such as kerosene, fuel gas distillate,
and fuel oils), or lubricants;
    (2) Separating petroleum; or
    (3) Separating, cracking, reacting, or reforming intermediate
petroleum streams.
    (4) Examples of such units include, but are not limited to,
petroleum-based solvent units, alkylation units, catalytic
hydrotreating, catalytic hydrorefining, catalytic hydrocracking,
catalytic reforming, catalytic cracking, crude distillation, lube oil
processing, hydrogen production, isomerization, polymerization, thermal
processes, and blending, sweetening, and treating processes. Petroleum
refining process units also include sulfur plants.
    Plant site means all contiguous or adjoining property that is under
common control including properties that are separated only by a road or
other public right-of-way. Common control includes properties that are
owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof.
    Primary fuel means the fuel that provides the principal heat input
(i.e., more than 50 percent) to the device. To be considered primary,
the fuel must be able to sustain operation without the addition of other
fuels.
    Process heater means an enclosed combustion device that primarily
transfers heat liberated by burning fuel directly to process streams or
to heat transfer liquids other than water.
    Process unit means the equipment assembled and connected by pipes or
ducts to process raw and/or intermediate materials and to manufacture an
intended product. A process unit includes any associated storage
vessels. For the purpose of this subpart, process unit includes, but is
not limited to, chemical manufacturing process units and petroleum
refining process units.
    Process unit shutdown means a work practice or operational procedure
that stops production from a process unit or part of a process unit
during which it is technically feasible to clear process material from a
process unit or part of a process unit consistent with safety
constraints and during which repairs can be accomplished. An unscheduled
work practice or operational procedure that stops production from a
process unit or part of a process unit for less than 24 hours is not
considered a process unit shutdown. An unscheduled work practice or
operational procedure that would stop production from a process unit or
part of a process unit for a shorter period of time than would be
required to clear the process unit or part of the process unit of
materials and start up the unit, or would result in greater emissions
than delay of repair of leaking components until the next scheduled
process unit shutdown is not considered a process unit shutdown. The use
of spare equipment and technically feasible bypassing of equipment
without stopping production are not considered process unit shutdowns.
    Recovery device means an individual unit of equipment capable of and
used for the purpose of recovering chemicals for use, reuse, or sale.
Recovery devices include, but are not limited to, absorbers, carbon
adsorbers, and condensers.
    Reference control technology for gasoline loading racks means a
vapor collection and processing system used to reduce emissions due to
the loading of gasoline cargo tanks to 10 milligrams

[[Page 44]]

of total organic compounds per liter of gasoline loaded or less.
    Reference control technology for marine vessels means a vapor
collection system and a control device that reduces captured HAP
emissions by 97 percent.
    Reference control technology for miscellaneous process vents means a
combustion device used to reduce organic HAP emissions by 98 percent, or
to an outlet concentration of 20 parts per million by volume.
    Reference control technology for storage vessels means either:
    (1) An internal floating roof meeting the specifications of
Sec. 63.119(b) of subpart G except for Sec. 63.119 (b)(5) and (b)(6);
    (2) An external floating roof meeting the specifications of
Sec. 63.119(c) of subpart G except for Sec. 63.119(c)(2);
    (3) An external floating roof converted to an internal floating roof
meeting the specifications of Sec. 63.119(d) of subpart G except for
Sec. 63.119(d)(2); or
    (4) A closed-vent system to a control device that reduces organic
HAP emissions by 95-percent, or to an outlet concentration of 20 parts
per million by volume.
    (5) For purposes of emissions averaging, these four technologies are
considered equivalent.
    Reference control technology for wastewater means the use of:
    (1) Controls specified in Secs. 61.343 through 61.347 of subpart FF
of part 61;
    (2) A treatment process that achieves the emission reductions
specified in table 7 of this subpart for each individual HAP present in
the wastewater stream or is a steam stripper that meets the
specifications in Sec. 63.138(g) of subpart G of this part; and
    (3) A control device to reduce by 95 percent (or to an outlet
concentration of 20 parts per million by volume for combustion devices)
the organic HAP emissions in the vapor streams vented from treatment
processes (including the steam stripper described in paragraph (2) of
this definition) managing wastewater.
    Refinery fuel gas means a gaseous mixture of methane, light
hydrocarbons, hydrogen, and other miscellaneous species (nitrogen,
carbon dioxide, hydrogen sulfide, etc.) that is produced in the refining
of crude oil and/or petrochemical processes and that is separated for
use as a fuel in boilers and process heaters throughout the refinery.
    Relief valve means a valve used only to release an unplanned,
nonroutine discharge. A relief valve discharge can result from an
operator error, a malfunction such as a power failure or equipment
failure, or other unexpected cause that requires immediate venting of
gas from process equipment in order to avoid safety hazards or equipment
damage.
    Research and development facility means laboratory and pilot plant
operations whose primary purpose is to conduct research and development
into new processes and products, where the operations are under the
close supervision of technically trained personnel, and is not engaged
in the manufacture of products for commercial sale, except in a de
minimis manner.
    Shutdown means the cessation of a petroleum refining process unit or
a unit operation (including, but not limited to, a distillation unit or
reactor) within a petroleum refining process unit for purposes
including, but not limited to, periodic maintenance, replacement of
equipment, or repair.
    Startup means the setting into operation of a petroleum refining
process unit for purposes of production. Startup does not include
operation solely for purposes of testing equipment. Startup does not
include changes in product for flexible operation units.
    Storage vessel means a tank or other vessel that is used to store
organic liquids. Storage vessel does not include:
    (1) Vessels permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 40 cubic meters;
    (4) Bottoms receiver tanks; or
    (5) Wastewater storage tanks. Wastewater storage tanks are covered
under the wastewater provisions.
    Temperature monitoring device means a unit of equipment used to
monitor temperature and having an accuracy of 1 percent of the
temperature being

[[Page 45]]

monitored expressed in degrees Celsius or 0.5  deg.C, whichever is
greater.
    Total annual benzene means the total amount of benzene in waste
streams at a facility on an annual basis as determined in Sec. 61.342 of
40 CFR part 61, subpart FF.
    Total organic compounds or TOC, as used in this subpart, means those
compounds excluding methane and ethane measured according to the
procedures of Method 18 of 40 CFR part 60, appendix A. Method 25A may be
used alone or in combination with Method 18 to measure TOC as provided
in Sec. 63.645 of this subpart.
    Wastewater means water or wastewater that, during production or
processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished
product, byproduct, or waste product and is discharged into any
individual drain system. Examples are feed tank drawdown; water formed
during a chemical reaction or used as a reactant; water used to wash
impurities from organic products or reactants; water used to cool or
quench organic vapor streams through direct contact; and condensed steam
from jet ejector systems pulling vacuum on vessels containing organics.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29879, June 12, 1996;
62 FR 7938, Feb. 21, 1997; 63 FR 31361, June 9, 1998; 63 FR 44141, Aug.
18, 1998; 74 FR 55685, Oct. 28, 2008; 78 FR 37146, June 20, 2013]



Sec. 63.642  General standards.

    (a) Each owner or operator of a source subject to this subpart is
required to apply for a part 70 or part 71 operating permit from the
appropriate permitting authority. If the EPA has approved a State
operating permit program under part 70, the permit shall be obtained
from the State authority. If the State operating permit program has not
been approved, the source shall apply to the EPA Regional Office
pursuant to part 71.
    (b) [Reserved]
    (c) Table 6 of this subpart specifies the provisions of subpart A of
this part that apply and those that do not apply to owners and operators
of sources subject to this subpart.
    (d) Initial performance tests and initial compliance determinations
shall be required only as specified in this subpart.
    (1) Performance tests and compliance determinations shall be
conducted according to the schedule and procedures specified in this
subpart.
    (2) The owner or operator shall notify the Administrator of the
intention to conduct a performance test at least 30 days before the
performance test is scheduled.
    (3) Performance tests shall be conducted according to the provisions
of Sec. 63.7(e) except that performance tests shall be conducted at
maximum representative operating capacity for the process. During the
performance test, an owner or operator shall operate the control device
at either maximum or minimum representative operating conditions for
monitored control device parameters, whichever results in lower emission
reduction.
    (4) Data shall be reduced in accordance with the EPA-approved
methods specified in the applicable section or, if other test methods
are used, the data and methods shall be validated according to the
protocol in Method 301 of appendix A of this part.
    (e) Each owner or operator of a source subject to this subpart shall
keep copies of all applicable reports and records required by this
subpart for at least 5 years except as otherwise specified in this
subpart. All applicable records shall be maintained in such a manner
that they can be readily accessed within 24 hours. Records may be
maintained in hard copy or computer-readable form including, but not
limited to, on paper, microfilm, computer, floppy disk, magnetic tape,
or microfiche.
    (f) All reports required under this subpart shall be sent to the
Administrator at the addresses listed in Sec. 63.13 of subpart A of this
part. If acceptable to both the Administrator and the owner or operator
of a source, reports may be submitted on electronic media.
    (g) The owner or operator of an existing source subject to the
requirements of this subpart shall control emissions of organic HAP's to
the level represented by the following equation:


[[Page 46]]


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

where:

EA = Emission rate, megagrams per year, allowed for the
          source.
0.02[Sigma] EPV1 = Sum of the residual emissions, megagrams
          per year, from all Group 1 miscellaneous process vents, as
          defined in Sec. 63.641.
[Sigma] EPV2 = Sum of the emissions, megagrams per year, from
          all Group 2 process vents, as defined in Sec. 63.641.
0.05[Sigma] ES1 = Sum of the residual emissions, megagrams
          per year, from all Group 1 storage vessels, as defined in
          Sec. 63.641.
[Sigma] ES2 = Sum of the emissions, megagrams per year, from
          all Group 2 storage vessels, as defined in Sec. 63.641.
[Sigma] EGLR1C = Sum of the residual emissions, megagrams per
          year, from all Group 1 gasoline loading racks, as defined in
          Sec. 63.641.
[Sigma] EGLR2 = Sum of the emissions, megagrams per year,
          from all Group 2 gasoline loading racks, as defined in
          Sec. 63.641.
(R)[Sigma] EMV1 = Sum of the residual emissions megagrams per
          year, from all Group 1 marine tank vessels, as defined in
          Sec. 63.641.
R = 0.03 for existing sources, 0.02 for new sources.
[Sigma] EMV2 = Sum of the emissions, megagrams per year from
          all Group 2 marine tank vessels, as defined in Sec. 63.641.
[Sigma] EWW1C = Sum of the residual emissions from all Group
          1 wastewater streams, as defined in Sec. 63.641. This term is
          calculated for each Group 1 stream according to the equation
          for EWWic in Sec. 63.652(h)(6).
[Sigma] EWW2 = Sum of emissions from all Group 2 wastewater
          streams, as defined in Sec. 63.641.


The emissions level represented by this equation is dependent on the
collection of emission points in the source. The level is not fixed and
can change as the emissions from each emission point change or as the
number of emission points in the source changes.
    (h) The owner or operator of a new source subject to the
requirements of this subpart shall control emissions of organic HAP's to
the level represented by the equation in paragraph (g) of this section.
    (i) The owner or operator of an existing source shall demonstrate
compliance with the emission standard in paragraph (g) of this section
by following the procedures specified in paragraph (k) of this section
for all emission points, or by following the emissions averaging
compliance approach specified in paragraph (l) of this section for
specified emission points and the procedures specified in paragraph (k)
of this section for all other emission points within the source.
    (j) The owner or operator of a new source shall demonstrate
compliance with the emission standard in paragraph (h) of this section
only by following the procedures in paragraph (k) of this section. The
owner or operator of a new source may not use the emissions averaging
compliance approach.
    (k) The owner or operator of an existing source may comply, and the
owner or operator of a new source shall comply, with the miscellaneous
process vent provisions in Secs. 63.643 through 63.645, the storage
vessel provisions in Sec. 63.646, the wastewater provisions in
Sec. 63.647, the gasoline loading rack provisions in Sec. 63.650, and
the marine tank vessel loading operation provisions in Sec. 63.651 of
this subpart.
    (1) The owner or operator using this compliance approach shall also
comply with the requirements of Sec. 63.655 as applicable.
    (2) The owner or operator using this compliance approach is not
required to calculate the annual emission rate specified in paragraph
(g) of this section.
    (l) The owner or operator of an existing source may elect to control
some of the emission points within the source to different levels than
specified under Secs. 63.643 through 63.647, Secs. 63.650 and 63.651 by
using an emissions averaging compliance approach as long as the overall
emissions for the source do not exceed the emission level specified in
paragraph (g) of this section. The owner or operator using emissions
averaging shall meet the requirements in paragraphs (l)(1) and (l)(2) of
this section.
    (1) Calculate emission debits and credits for those emission points
involved in the emissions average according to the procedures specified
in Sec. 63.652; and
    (2) Comply with the requirements of Secs. 63.652, 63.653, and
63.655, as applicable.
    (m) A State may restrict the owner or operator of an existing source
to using only the procedures in paragraph

[[Page 47]]

(k) of this section to comply with the emission standard in paragraph
(g) of this section. Such a restriction would preclude the source from
using an emissions averaging compliance approach.

[60 FR 43260, Aug. 18, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61
FR 29879, June 12, 1996; 74 FR 55685, Oct. 28, 2009]



Sec. 63.643  Miscellaneous process vent provisions.

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



Sec. 63.644  Monitoring provisions for miscellaneous process vents.

    (a) Except as provided in paragraph (b) of this section, each owner
or operator of a Group 1 miscellaneous process vent that uses a
combustion device to comply with the requirements in Sec. 63.643(a)
shall install the monitoring equipment specified in paragraph (a)(1),
(a)(2), (a)(3), or (a)(4) of this section, depending on the type of
combustion device used. All monitoring equipment shall be installed,
calibrated, maintained, and operated according to manufacturer's
specifications or other written procedures that provide adequate
assurance that the equipment will monitor accurately.
    (1) Where an incinerator is used, a temperature monitoring device
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is used,
a temperature monitoring device shall be installed in the firebox or in
the ductwork immediately downstream of the firebox in a position before
any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring
devices shall be installed in the gas stream immediately before and
after the catalyst bed.
    (2) Where a flare is used, a device (including but not limited to a
thermocouple, an ultraviolet beam sensor, or an infrared sensor) capable
of continuously detecting the presence of a pilot flame is required.
    (3) Any boiler or process heater with a design heat input capacity
greater than or equal to 44 megawatt or any boiler or process heater in
which all vent streams are introduced into the flame zone is exempt from
monitoring.
    (4) Any boiler or process heater less than 44 megawatts design heat
capacity where the vent stream is not introduced into the flame zone is
required to use a temperature monitoring device in the firebox equipped
with a continuous recorder.
    (b) An owner or operator of a Group 1 miscellaneous process vent may
request approval to monitor parameters other than those listed in
paragraph (a) of this section. The request shall be submitted according
to the procedures specified in Sec. 63.655(h). Approval shall be
requested if the owner or operator:
    (1) Uses a control device other than an incinerator, boiler, process
heater, or flare; or
    (2) Uses one of the control devices listed in paragraph (a) of this
section, but seeks to monitor a parameter other than those specified in
paragraph (a) of this section.
    (c) The owner or operator of a Group 1 miscellaneous process vent
using a vent system that contains bypass lines that could divert a vent
stream away from the control device used to comply with paragraph (a) of
this section shall

[[Page 48]]

comply with either paragraph (c)(1) or (c)(2) of this section. Equipment
such as low leg drains, high point bleeds, analyzer vents, open-ended
valves or lines, pressure relief valves needed for safety reasons, and
equipment subject to Sec. 63.648 are not subject to this paragraph.
    (1) Install, calibrate, maintain, and operate a flow indicator that
determines whether a vent stream flow is present at least once every
hour. Records shall be generated as specified in Sec. 63.655(h) and (i).
The flow indicator shall be installed at the entrance to any bypass line
that could divert the vent stream away from the control device to the
atmosphere; or
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the
seal or closure mechanism shall be performed at least once every month
to ensure that the valve is maintained in the closed position and the
vent stream is not diverted through the bypass line.
    (d) The owner or operator shall establish a range that ensures
compliance with the emissions standard for each parameter monitored
under paragraphs (a) and (b) of this section. In order to establish the
range, the information required in Sec. 63.655(f)(3) shall be submitted
in the Notification of Compliance Status report.
    (e) Each owner or operator of a control device subject to the
monitoring provisions of this section shall operate the control device
in a manner consistent with the minimum and/or maximum operating
parameter value or procedure required to be monitored under paragraphs
(a) and (b) of this section. Operation of the control device in a manner
that constitutes a period of excess emissions, as defined in
Sec. 63.655(g)(6), or failure to perform procedures required by this
section shall constitute a violation of the applicable emission standard
of this subpart.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996;
63 FR 44141, Aug. 18, 1998; 74 FR 55685, Oct. 28, 2009]



Sec. 63.645  Test methods and procedures for miscellaneous process
vents.

    (a) To demonstrate compliance with Sec. 63.643, an owner or operator
shall follow Sec. 63.116 except for Sec. 63.116 (a)(1), (d) and (e) of
subpart G of this part except as provided in paragraphs (b) through (d)
and paragraph (i) of this section.
    (b) All references to Sec. 63.113(a)(1) or (a)(2) in Sec. 63.116 of
subpart G of this part shall be replaced with Sec. 63.643(a)(1) or
(a)(2), respectively.
    (c) In Sec. 63.116(c)(4)(ii)(C) of subpart G of this part, organic
HAP's in the list of HAP's in table 1 of this subpart shall be
considered instead of the organic HAP's in table 2 of subpart F of this
part.
    (d) All references to Sec. 63.116(b)(1) or (b)(2) shall be replaced
with paragraphs (d)(1) and (d)(2) of this section, respectively.
    (1) Any boiler or process heater with a design heat input capacity
of 44 megawatts or greater.
    (2) Any boiler or process heater in which all vent streams are
introduced into the flame zone.
    (e) For purposes of determining the TOC emission rate, as specified
under paragraph (f) of this section, the sampling site shall be after
the last product recovery device (as defined in Sec. 63.641 of this
subpart) (if any recovery devices are present) but prior to the inlet of
any control device (as defined in Sec. 63.641 of this subpart) that is
present, prior to any dilution of the process vent stream, and prior to
release to the atmosphere.
    (1) Methods 1 or 1A of 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling site.
    (2) No traverse site selection method is needed for vents smaller
than 0.10 meter in diameter.
    (f) Except as provided in paragraph (g) of this section, an owner or
operator seeking to demonstrate that a process vent TOC mass flow rate
is less than 33 kilograms per day for an existing source or less than
6.8 kilograms per day for a new source in accordance with the Group 2
process vent definition of this subpart shall determine the TOC mass
flow rate by the following procedures:
    (1) The sampling site shall be selected as specified in paragraph
(e) of this section.
    (2) The gas volumetric flow rate shall be determined using Methods
2, 2A, 2C,

[[Page 49]]

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

where:

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

    (4) The emission rate of TOC (minus methane and ethane)
(ETOC) shall be calculated using the following equation if
Method 18 is used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.001

where:

E=Emission rate of TOC (minus methane and ethane) in the sample,
          kilograms per day.
K2 = Constant, 5.986 x 10-5 (parts per million)
          -1 (gram-mole per standard cubic meter) (kilogram
          per gram) (minute per day), where the standard temperature
          (standard cubic meter) is at 20  deg.C.
Cj = Concentration on a dry basis of organic compound j in
          parts per million as measured by Method 18 of 40 CFR part 60,
          appendix A, as indicated in paragraph (f)(3) of this section.
          Cj includes all organic compounds measured minus
          methane and ethane.
Mj = Molecular weight of organic compound j, gram per gram-
          mole.
Qs = Vent stream flow rate, dry standard cubic meters per
          minute, at a temperature of 20  deg.C.

    (5) If Method 25A is used, the emission rate of TOC
(ETOC) shall be calculated using the following equation:

ETOC = K2CTOCMQs

where:

ETOC = Emission rate of TOC (minus methane and ethane) in the
          sample, kilograms per day.
K2 = Constant, 5.986x10-5 (parts per million)
          -1 (gram-mole per standard cubic meter) (kilogram
          per gram)(minute per day), where the standard temperature
          (standard cubic meter) is at 20  deg.C.
CTOC = Concentration of TOC on a dry basis in parts per
          million volume as measured by Method 25A of 40 CFR part 60,
          appendix A, as indicated in paragraph (f)(3) of this section.
M=Molecular weight of organic compound used to express units of
          CTOC, gram per gram-mole.
Qs = Vent stream flow rate, dry standard cubic meters per
          minute, at a temperature of 20  deg.C.

    (g) Engineering assessment may be used to determine the TOC emission
rate for the representative operating condition expected to yield the
highest daily emission rate.
    (1) Engineering assessment includes, but is not limited to, the
following:
    (i) Previous test results provided the tests are representative of
current operating practices at the process unit.
    (ii) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
    (iii) TOC emission rate specified or implied within a permit limit
applicable to the process vent.

[[Page 50]]

    (iv) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to:
    (A) Use of material balances based on process stoichiometry to
estimate maximum TOC concentrations;
    (B) Estimation of maximum flow rate based on physical equipment
design such as pump or blower capacities; and
    (C) Estimation of TOC concentrations based on saturation conditions.
    (v) All data, assumptions, and procedures used in the engineering
assessment shall be documented.
    (h) The owner or operator of a Group 2 process vent shall
recalculate the TOC emission rate for each process vent, as necessary,
whenever process changes are made to determine whether the vent is in
Group 1 or Group 2. Examples of process changes include, but are not
limited to, changes in production capacity, production rate, or catalyst
type, or whenever there is replacement, removal, or addition of recovery
equipment. For purposes of this paragraph, process changes do not
include: process upsets; unintentional, temporary process changes; and
changes that are within the range on which the original calculation was
based.
    (1) The TOC emission rate shall be recalculated based on
measurements of vent stream flow rate and TOC as specified in paragraphs
(e) and (f) of this section, as applicable, or on best engineering
assessment of the effects of the change. Engineering assessments shall
meet the specifications in paragraph (g) of this section.
    (2) Where the recalculated TOC emission rate is greater than 33
kilograms per day for an existing source or greater than 6.8 kilograms
per day for a new source, the owner or operator shall submit a report as
specified in Sec. 63.655(f), (g), or (h) and shall comply with the
appropriate provisions in Sec. 63.643 by the dates specified in
Sec. 63.640.
    (i) A compliance determination for visible emissions shall be
conducted within 150 days of the compliance date using Method 22 of 40
CFR part 60, appendix A, to determine visible emissions.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996;
63 FR 44141, Aug. 18, 1998; 74 FR 55685, Oct. 28, 2009]



Sec. 63.646  Storage vessel provisions.

    (a) Each owner or operator of a Group 1 storage vessel subject to
this subpart shall comply with the requirements of Secs. 63.119 through
63.121 except as provided in paragraphs (b) through (l) of this section.
    (b) As used in this section, all terms not defined in Sec. 63.641
shall have the meaning given them in 40 CFR part 63, subparts A or G.
The Group 1 storage vessel definition presented in Sec. 63.641 shall
apply in lieu of the Group 1 storage vessel definitions presented in
tables 5 and 6 of Sec. 63.119 of subpart G of this part.
    (1) An owner or operator may use good engineering judgment or test
results to determine the stored liquid weight percent total organic HAP
for purposes of group determination. Data, assumptions, and procedures
used in the determination shall be documented.
    (2) When an owner or operator and the Administrator do not agree on
whether the annual average weight percent organic HAP in the stored
liquid is above or below 4 percent for a storage vessel at an existing
source or above or below 2 percent for a storage vessel at a new source,
Method 18 of 40 CFR part 60, appendix A shall be used.
    (c) The following paragraphs do not apply to storage vessels at
existing sources subject to this subpart: Sec. 63.119 (b)(5), (b)(6),
(c)(2), and (d)(2).
    (d) References shall apply as specified in paragraphs (d)(1) through
(d)(10) of this section.
    (1) All references to Sec. 63.100(k) of subpart F of this part (or
the schedule provisions and the compliance date) shall be replaced with
Sec. 63.640(h),
    (2) All references to April 22, 1994 shall be replaced with August
18, 1995.
    (3) All references to December 31, 1992 shall be replaced with July
15, 1994.
    (4) All references to the compliance dates specified in Sec. 63.100
of subpart F shall be replaced with Sec. 63.640 (h) through (m).

[[Page 51]]

    (5) All references to Sec. 63.150 in Sec. 63.119 of subpart G of
this part shall be replaced with Sec. 63.652.
    (6) All references to Sec. 63.113(a)(2) of subpart G shall be
replaced with Sec. 63.643(a)(2) of this subpart.
    (7) All references to Sec. 63.126(b)(1) of subpart G shall be
replaced with Sec. 63.422(b) of subpart R of this part.
    (8) All references to Sec. 63.128(a) of subpart G shall be replaced
with Sec. 63.425, paragraphs (a) through (c) and (e) through (h) of
subpart R of this part.
    (9) All references to Sec. 63.139(d)(1) in Sec. 63.120(d)(1)(ii) of
subpart G are not applicable. For sources subject to this subpart, such
references shall mean that 40 CFR 61.355 is applicable.
    (10) All references to Sec. 63.139(c) in Sec. 63.120(d)(1)(ii) of
subpart G are not applicable. For sources subject to this subpart, such
references shall mean that Sec. 63.647 of this subpart is applicable.
    (e) When complying with the inspection requirements of Sec. 63.120
of subpart G of this part, owners and operators of storage vessels at
existing sources subject to this subpart are not required to comply with
the provisions for gaskets, slotted membranes, and sleeve seals.
    (f) The following paragraphs (f)(1), (f)(2), and (f)(3) of this
section apply to Group 1 storage vessels at existing sources:
    (1) If a cover or lid is installed on an opening on a floating roof,
the cover or lid shall remain closed except when the cover or lid must
be open for access.
    (2) Rim space vents are to be set to open only when the floating
roof is not floating or when the pressure beneath the rim seal exceeds
the manufacturer's recommended setting.
    (3) Automatic bleeder vents are to be closed at all times when the
roof is floating except when the roof is being floated off or is being
landed on the roof leg supports.
    (g) Failure to perform inspections and monitoring required by this
section shall constitute a violation of the applicable standard of this
subpart.
    (h) References in Secs. 63.119 through 63.121 to Sec. 63.122(g)(1),
Sec. 63.151, and references to initial notification requirements do not
apply.
    (i) References to the Implementation Plan in Sec. 63.120, paragraphs
(d)(2) and (d)(3)(i) shall be replaced with the Notification of
Compliance Status report.
    (j) References to the Notification of Compliance Status report in
Sec. 63.152(b) mean the Notification of Compliance Status required by
Sec. 63.655(f).
    (k) References to the Periodic Reports in Sec. 63.152(c) mean the
Periodic Report required by Sec. 63.655(g).
    (l) The State or local permitting authority can waive the
notification requirements of Secs. 63.120(a)(5), 63.120(a)(6),
63.120(b)(10)(ii), and 63.120(b)(10)(iii) for all or some storage
vessels at petroleum refineries subject to this subpart. The State or
local permitting authority may also grant permission to refill storage
vessels sooner than 30 days after submitting the notifications in
Sec. 63.120(a)(6) or Sec. 63.120(b)(10)(iii) for all storage vessels at
a refinery or for individual storage vessels on a case-by-case basis.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996;
62 FR 7939, Feb. 21, 1997; 74 FR 55685, Oct. 28, 2009; 75 FR 37731, June
30, 2010]



Sec. 63.647  Wastewater provisions.

    (a) Except as provided in paragraph (b) of this section, each owner
or operator of a Group 1 wastewater stream shall comply with the
requirements of Secs. 61.340 through 61.355 of 40 CFR part 61, subpart
FF for each process wastewater stream that meets the definition in
Sec. 63.641.
    (b) As used in this section, all terms not defined in Sec. 63.641
shall have the meaning given them in the Clean Air Act or in 40 CFR part
61, subpart FF, Sec. 61.341.
    (c) Each owner or operator required under subpart FF of 40 CFR part
61 to perform periodic measurement of benzene concentration in
wastewater, or to monitor process or control device operating parameters
shall operate in a manner consistent with the minimum or maximum (as
appropriate) permitted concentration or operating parameter values.
Operation of the process, treatment unit, or control device resulting in
a measured concentration or operating parameter value outside the
permitted limits shall constitute a violation of the emission standards.

[[Page 52]]

Failure to perform required leak monitoring for closed vent systems and
control devices or failure to repair leaks within the time period
specified in subpart FF of 40 CFR part 61 shall constitute a violation
of the standard.



Sec. 63.648  Equipment leak standards.

    (a) Each owner or operator of an existing source subject to the
provisions of this subpart shall comply with the provisions of 40 CFR
part 60 subpart VV and paragraph (b) of this section except as provided
in paragraphs (a)(1), (a)(2), and (c) through (i) of this section. Each
owner or operator of a new source subject to the provisions of this
subpart shall comply with subpart H of this part except as provided in
paragraphs (c) through (i) of this section.
    (1) For purposes of compliance with this section, the provisions of
40 CFR part 60, subpart VV apply only to equipment in organic HAP
service, as defined in Sec. 63.641 of this subpart.
    (2) Calculation of percentage leaking equipment components for
subpart VV of 40 CFR part 60 may be done on a process unit basis or a
sourcewide basis. Once the owner or operator has decided, all subsequent
calculations shall be on the same basis unless a permit change is made.
    (b) The use of monitoring data generated before August 18, 1995 to
qualify for less frequent monitoring of valves and pumps as provided
under 40 CFR part 60 subpart VV or subpart H of this part and paragraph
(c) of this section (i.e., quarterly or semiannually) is governed by the
requirements of paragraphs (b)(1) and (b)(2) of this section.
    (1) Monitoring data must meet the test methods and procedures
specified in Sec. 60.485(b) of 40 CFR part 60, subpart VV or
Sec. 63.180(b)(1) through (b)(5) of subpart H of this part except for
minor departures.
    (2) Departures from the criteria specified in Sec. 60.485(b) of 40
CFR part 60 subpart VV or Sec. 63.180(b)(1) through (b)(5) of subpart H
of this part or from the monitoring frequency specified in subpart VV or
in paragraph (c) of this section (such as every 6 weeks instead of
monthly or quarterly) are minor and do not significantly affect the
quality of the data. An example of a minor departure is monitoring at a
slightly different frequency (such as every 6 weeks instead of monthly
or quarterly). Failure to use a calibrated instrument is not considered
a minor departure.
    (c) In lieu of complying with the existing source provisions of
paragraph (a) in this section, an owner or operator may elect to comply
with the requirements of Secs. 63.161 through 63.169, 63.171, 63.172,
63.175, 63.176, 63.177, 63.179, and 63.180 of subpart H of this part
except as provided in paragraphs (c)(1) through (c)(10) and (e) through
(i) of this section.
    (1) The instrument readings that define a leak for light liquid
pumps subject to Sec. 63.163 of subpart H of this part and gas/vapor and
light liquid valves subject to Sec. 63.168 of subpart H of this part are
specified in table 2 of this subpart.
    (2) In phase III of the valve standard, the owner or operator may
monitor valves for leaks as specified in paragraphs (c)(2)(i) or
(c)(2)(ii) of this section.
    (i) If the owner or operator does not elect to monitor connectors,
then the owner or operator shall monitor valves according to the
frequency specified in table 8 of this subpart.
    (ii) If an owner or operator elects to monitor connectors according
to the provisions of Sec. 63.649, paragraphs (b), (c), or (d), then the
owner or operator shall monitor valves at the frequencies specified in
table 9 of this subpart.
    (3) The owner or operator shall decide no later than the first
required monitoring period after the phase I compliance date specified
in Sec. 63.640(h) whether to calculate the percentage leaking valves on
a process unit basis or on a sourcewide basis. Once the owner or
operator has decided, all subsequent calculations shall be on the same
basis unless a permit change is made.
    (4) The owner or operator shall decide no later than the first
monitoring period after the phase III compliance date specified in
Sec. 63.640(h) whether to monitor connectors according to the provisions
in Sec. 63.649, paragraphs (b), (c), or (d).
    (5) Connectors in gas/vapor service or light liquid service are
subject to the requirements for connectors in heavy liquid service in
Sec. 63.169 of subpart H of

[[Page 53]]

this part (except for the agitator provisions). The leak definition for
valves, connectors, and instrumentation systems subject to Sec. 63.169
is 1,000 parts per million.
    (6) In phase III of the pump standard, except as provided in
paragraph (c)(7) of this section, owners or operators that achieve less
than 10 percent of light liquid pumps leaking or three light liquid
pumps leaking, whichever is greater, shall monitor light liquid pumps
monthly.
    (7) Owners or operators that achieve less than 3 percent of light
liquid pumps leaking or one light liquid pump leaking, whichever is
greater, shall monitor light liquid pumps quarterly.
    (8) An owner or operator may make the election described in
paragraphs (c)(3) and (c)(4) of this section at any time except that any
election to change after the initial election shall be treated as a
permit modification according to the terms of part 70 of this chapter.
    (9) When complying with the requirements of Sec. 63.168(e)(3)(i),
non-repairable valves shall be included in the calculation of percent
leaking valves the first time the valve is identified as leaking and
non-repairable. Otherwise, a number of non-repairable valves up to a
maximum of 1 percent per year of the total number of valves in organic
HAP service up to a maximum of 3 percent may be excluded from
calculation of percent leaking valves for subsequent monitoring periods.
When the number of non-repairable valves exceeds 3 percent of the total
number of valves in organic HAP service, the number of non-repairable
valves exceeding 3 percent of the total number shall be included in the
calculation of percent leaking valves.
    (10) If in phase III of the valve standard any valve is designated
as being leakless, the owner or operator has the option of following the
provisions of 40 CFR 60.482-7(f). If an owner or operator chooses to
comply with the provisions of 40 CFR 60.482-7(f), the valve is exempt
from the valve monitoring provisions of Sec. 63.168 of subpart H of this
part.
    (d) Upon startup of new sources, the owner or operator shall comply
with Sec. 63.163(a)(1)(ii) of subpart H of this part for light liquid
pumps and Sec. 63.168(a)(1)(ii) of subpart H of this part for gas/vapor
and light liquid valves.
    (e) For reciprocating pumps in heavy liquid service and agitators in
heavy liquid service, owners and operators are not required to comply
with the requirements in Sec. 63.169 of subpart H of this part.
    (f) Reciprocating pumps in light liquid service are exempt from
Secs. 63.163 and 60.482 if recasting the distance piece or reciprocating
pump replacement is required.
    (g) Compressors in hydrogen service are exempt from the requirements
of paragraphs (a) and (c) of this section if an owner or operator
demonstrates that a compressor is in hydrogen service.
    (1) Each compressor is presumed not to be in hydrogen service unless
an owner or operator demonstrates that the piece of equipment is in
hydrogen service.
    (2) For a piece of equipment to be considered in hydrogen service,
it must be determined that the percentage hydrogen content can be
reasonably expected always to exceed 50 percent by volume.
    (i) For purposes of determining the percentage hydrogen content in
the process fluid that is contained in or contacts a compressor, the
owner or operator shall use either:
    (A) Procedures that conform to those specified in Sec. 60.593(b)(2)
of 40 part 60, subpart GGG.
    (B) Engineering judgment to demonstrate that the percentage content
exceeds 50 percent by volume, provided the engineering judgment
demonstrates that the content clearly exceeds 50 percent by volume.
    (1) When an owner or operator and the Administrator do not agree on
whether a piece of equipment is in hydrogen service, the procedures in
paragraph (g)(2)(i)(A) of this section shall be used to resolve the
disagreement.
    (2) If an owner or operator determines that a piece of equipment is
in hydrogen service, the determination can be revised only by following
the procedures in paragraph (g)(2)(i)(A) of this section.
    (h) Each owner or operator of a source subject to the provisions of
this

[[Page 54]]

subpart must maintain all records for a minimum of 5 years.
    (i) Reciprocating compressors are exempt from seal requirements if
recasting the distance piece or compressor replacement is required.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996;
63 FR 44141, Aug. 18, 1998]



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

    (a) If an owner or operator elects to monitor valves according to
the provisions of Sec. 63.648(c)(2)(ii), the owner or operator shall
implement one of the connector monitoring programs specified in
paragraphs (b), (c), or (d) of this section.
    (b) Random 200 connector alternative. The owner or operator shall
implement a random sampling program for accessible connectors of 2.0
inches nominal diameter or greater. The program does not apply to
inaccessible or unsafe-to-monitor connectors, as defined in Sec. 63.174
of subpart H. The sampling program shall be implemented source-wide.
    (1) Within the first 12 months after the phase III compliance date
specified in Sec. 63.640(h), a sample of 200 connectors shall be
randomly selected and monitored using Method 21 of 40 CFR part 60,
appendix A.
    (2) The instrument reading that defines a leak is 1,000 parts per
million.
    (3) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 15 calendar days after the leak is
detected except as provided in paragraph (e) of this section. A first
attempt at repair shall be made no later than 5 calendar days after the
leak is detected.
    (4) If a leak is detected, the connector shall be monitored for
leaks within the first 3 months after its repair.
    (5) After conducting the initial survey required in paragraph (b)(1)
of this section, the owner or operator shall conduct subsequent
monitoring of connectors at the frequencies specified in paragraphs
(b)(5)(i) through (b)(5)(iv) of this section.
    (i) If the percentage leaking connectors is 2.0 percent or greater,
the owner or operator shall survey a random sample of 200 connectors
once every 6 months.
    (ii) If the percentage leaking connectors is 1.0 percent or greater
but less than 2.0 percent, the owner or operator shall survey a random
sample of 200 connectors once per year.
    (iii) If the percentage leaking connectors is 0.5 percent or greater
but less than 1.0 percent, the owner or operator shall survey a random
sample of 200 connectors once every 2 years.
    (iv) If the percentage leaking connectors is less than 0.5 percent,
the owner or operator shall survey a random sample of 200 connectors
once every 4 years.
    (6) Physical tagging of the connectors to indicate that they are
subject to the monitoring provisions is not required. Connectors may be
identified by the area or length of pipe and need not be individually
identified.
    (c) Connector inspection alternative. The owner or operator shall
implement a program to monitor all accessible connectors in gas/vapor
service that are 2.0 inches (nominal diameter) or greater and inspect
all accessible connectors in light liquid service that are 2 inches
(nominal diameter) or greater as described in paragraphs (c)(1) through
(c)(7) of this section. The program does not apply to inaccessible or
unsafe-to-monitor connectors.
    (1) Within 12 months after the phase III compliance date specified
in Sec. 63.640(h), all connectors in gas/vapor service shall be
monitored using Method 21 of 40 CFR part 60 appendix A. The instrument
reading that defines a leak is 1,000 parts per million.
    (2) All connectors in light liquid service shall be inspected for
leaks. A leak is detected if liquids are observed to be dripping at a
rate greater than three drops per minute.
    (3) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 15 calendar days after the leak is
detected except as provided in paragraph (e) of this section. A first
attempt at repair shall be made no later than 5 calendar days after the
leak is detected.
    (4) If a leak is detected, connectors in gas/vapor service shall be
monitored for leaks within the first 3 months

[[Page 55]]

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

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

where:

% CL = Percentage leaking connectors.
CL = Number of connectors including nonrepairables, measured
          at 1,000 parts per million or greater, by Method 21 of 40 CFR
          part 60, appendix A.
CAN = Number of allowable nonrepairable connectors, as
          determined by monitoring, not to exceed 3 percent of the total
          connector population, Ct.
Ct = Total number of monitored connectors, including
          nonrepairables, in the process unit.
Cc = Optional credit for removed connectors=0.67xnet number
          (i.e., the total number of connectors removed minus the total
          added) of connectors in organic HAP service removed from the
          process unit after the applicability date set forth in
          Sec. 63.640(h)(4)(iii) for existing process units, and after
          the date of start-up for new process units. If credits are not
          taken, then Cc = 0.

    (ii) Nonrepairable connectors shall be included in the calculation
of percentage leaking connectors the first time the connector is
identified as leaking and nonrepairable. Otherwise, a number of
nonrepairable connectors up to a maximum of 1 percent per year of the
total number of connectors in organic HAP service up to a maximum of 3
percent may be excluded from calculation of percentage leaking
connectors for subsequent monitoring periods.
    (iii) If the number of nonrepairable connectors exceeds 3 percent of
the total number of connectors in organic HAP service, the number of
nonrepairable connectors exceeding 3 percent of the total number shall
be included in the calculation of the percentage leaking connectors.
    (7) Physical tagging of the connectors to indicate that they are
subject to the monitoring provisions is not required. Connectors may be
identified by the area or length of pipe and need not be individually
identified.
    (d) Subpart H program. The owner or operator shall implement a
program to comply with the provisions in Sec. 63.174 of this part.
    (e) Delay of repair of connectors for which leaks have been detected
is allowed if repair is not technically feasible by normal repair
techniques without a process unit shutdown. Repair of this equipment
shall occur by the end of the next process unit shutdown.
    (1) Delay of repair is allowed for equipment that is isolated from
the process and that does not remain in organic HAP service.
    (2) Delay of repair for connectors is also allowed if:
    (i) The owner or operator determines that emissions of purged
material resulting from immediate repair would be greater than the
fugitive emissions likely to result from delay of repair, and
    (ii) When repair procedures are accomplished, the purged material
would be collected and destroyed or recovered in a control device.

[[Page 56]]

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



Sec. 63.650  Gasoline loading rack provisions.

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

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996;
74 FR 55685, Oct. 28, 2009]



Sec. 63.651  Marine tank vessel loading operation provisions.

    (a) Except as provided in paragraphs (b) through (d) of this
section, each owner or operator of a marine tank vessel loading
operation located at a petroleum refinery shall comply with the
requirements of Secs. 63.560 through 63.568.
    (b) As used in this section, all terms not defined in Sec. 63.641
shall have the meaning given them in subpart A or in 40 CFR part 63,
subpart Y. The Sec. 63.641 definition of ``affected source'' applies
under this section.
    (c) The notification reports under Sec. 63.567(b) are not required.
    (d) The compliance time of 4 years after promulgation of 40 CFR part
63, subpart Y does not apply. The compliance time is specified in
Sec. 63.640(h)(3).

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996;
74 FR 55685, Oct. 28, 2009]



Sec. 63.652  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing sources
who seek to comply with the emission standard in Sec. 63.642(g) by using
emissions averaging according to Sec. 63.642(l) rather than following
the provisions of Secs. 63.643 through 63.647, and Secs. 63.650 and
63.651. Existing marine tank vessel loading operations located at the
Valdez Marine Terminal source may not comply with the standard by using
emissions averaging.
    (b) The owner or operator shall develop and submit for approval an
Implementation Plan containing all of the information required in
Sec. 63.653(d) for all points to be included in an emissions average.
The Implementation Plan shall identify all emission points to be
included in the emissions average. This must include any Group 1
emission points to which the reference control technology (defined in
Sec. 63.641) is not applied and all other emission points being
controlled as part of the average.
    (c) The following emission points can be used to generate emissions
averaging credits if control was applied after November 15, 1990 and if
sufficient information is available to determine the appropriate value
of credits for the emission point:
    (1) Group 2 emission points;
    (2) Group 1 storage vessels, Group 1 wastewater streams, Group 1
gasoline loading racks, Group 1 marine tank vessels, and Group 1
miscellaneous process vents that are controlled by a technology that the
Administrator or permitting authority agrees has a

[[Page 57]]

higher nominal efficiency than the reference control technology.
Information on the nominal efficiencies for such technologies must be
submitted and approved as provided in paragraph (i) of this section; and
    (3) Emission points from which emissions are reduced by pollution
prevention measures. Percentages of reduction for pollution prevention
measures shall be determined as specified in paragraph (j) of this
section.
    (i) For a Group 1 emission point, the pollution prevention measure
must reduce emissions more than the reference control technology would
have had the reference control technology been applied to the emission
point instead of the pollution prevention measure except as provided in
paragraph (c)(3)(ii) of this section.
    (ii) If a pollution prevention measure is used in conjunction with
other controls for a Group 1 emission point, the pollution prevention
measure alone does not have to reduce emissions more than the reference
control technology, but the combination of the pollution prevention
measure and other controls must reduce emissions more than the reference
control technology would have had it been applied instead.
    (d) The following emission points cannot be used to generate
emissions averaging credits:
    (1) Emission points already controlled on or before November 15,
1990 unless the level of control is increased after November 15, 1990,
in which case credit will be allowed only for the increase in control
after November 15, 1990;
    (2) Group 1 emission points that are controlled by a reference
control technology unless the reference control technology has been
approved for use in a different manner and a higher nominal efficiency
has been assigned according to the procedures in paragraph (i) of this
section. For example, it is not allowable to claim that an internal
floating roof meeting only the specifications stated in the reference
control technology definition in Sec. 63.641 (i.e., that meets the
specifications of Sec. 63.119(b) of subpart G but does not have
controlled fittings per Sec. 63.119 (b)(5) and (b)(6) of subpart G)
applied to a storage vessel is achieving greater than 95 percent
control;
    (3) Emission points on shutdown process units. Process units that
are shut down cannot be used to generate credits or debits;
    (4) Wastewater that is not process wastewater or wastewater streams
treated in biological treatment units. These two types of wastewater
cannot be used to generate credits or debits. Group 1 wastewater streams
cannot be left undercontrolled or uncontrolled to generate debits. For
the purposes of this section, the terms ``wastewater'' and ``wastewater
stream'' are used to mean process wastewater; and
    (5) Emission points controlled to comply with a State or Federal
rule other than this subpart, unless the level of control has been
increased after November 15, 1990 above what is required by the other
State or Federal rule. Only the control above what is required by the
other State or Federal rule will be credited. However, if an emission
point has been used to generate emissions averaging credit in an
approved emissions average, and the point is subsequently made subject
to a State or Federal rule other than this subpart, the point can
continue to generate emissions averaging credit for the purpose of
complying with the previously approved average.
    (e) For all points included in an emissions average, the owner or
operator shall:
    (1) Calculate and record monthly debits for all Group 1 emission
points that are controlled to a level less stringent than the reference
control technology for those emission points. Equations in paragraph (g)
of this section shall be used to calculate debits.
    (2) Calculate and record monthly credits for all Group 1 or Group 2
emission points that are overcontrolled to compensate for the debits.
Equations in paragraph (h) of this section shall be used to calculate
credits. Emission points and controls that meet the criteria of
paragraph (c) of this section may be included in the credit calculation,
whereas those described in paragraph (d) of this section shall not be
included.
    (3) Demonstrate that annual credits calculated according to
paragraph (h)

[[Page 58]]

of this section are greater than or equal to debits calculated for the
same annual compliance period according to paragraph (g) of this
section.
    (i) The initial demonstration in the Implementation Plan that
credit-generating emission points will be capable of generating
sufficient credits to offset the debits from the debit-generating
emission points must be made under representative operating conditions.
    (ii) After the compliance date, actual operating data will be used
for all debit and credit calculations.
    (4) Demonstrate that debits calculated for a quarterly (3-month)
period according to paragraph (g) of this section are not more than 1.30
times the credits for the same period calculated according to paragraph
(h) of this section. Compliance for the quarter shall be determined
based on the ratio of credits and debits from that quarter, with 30
percent more debits than credits allowed on a quarterly basis.
    (5) Record and report quarterly and annual credits and debits in the
Periodic Reports as specified in Sec. 63.655(g)(8). Every fourth
Periodic Report shall include a certification of compliance with the
emissions averaging provisions as required by Sec. 63.655(g)(8)(iii).
    (f) Debits and credits shall be calculated in accordance with the
methods and procedures specified in paragraphs (g) and (h) of this
section, respectively, and shall not include emissions from the
following:
    (1) More than 20 individual emission points. Where pollution
prevention measures (as specified in paragraph (j)(1) of this section)
are used to control emission points to be included in an emissions
average, no more than 25 emission points may be included in the average.
For example, if two emission points to be included in an emissions
average are controlled by pollution prevention measures, the average may
include up to 22 emission points.
    (2) Periods of startup, shutdown, and malfunction as described in
the source's startup, shutdown, and malfunction plan required by
Sec. 63.6(e)(3) of subpart A of this part.
    (3) For emission points for which continuous monitors are used,
periods of excess emissions as defined in Sec. 63.655(g)(6)(i). For
these periods, the calculation of monthly credits and debits shall be
adjusted as specified in paragraphs (f)(3)(i) through (f)(3)(iii) of
this section.
    (i) No credits would be assigned to the credit-generating emission
point.
    (ii) Maximum debits would be assigned to the debit-generating
emission point.
    (iii) The owner or operator may use the procedures in paragraph (l)
of this section to demonstrate to the Administrator that full or partial
credits or debits should be assigned.
    (g) Debits are generated by the difference between the actual
emissions from a Group 1 emission point that is uncontrolled or is
controlled to a level less stringent than the reference control
technology, and the emissions allowed for Group 1 emission point. Debits
shall be calculated as follows:
    (1) The overall equation for calculating sourcewide debits is:
    [GRAPHIC] [TIFF OMITTED] TR18AU95.002

where:

Debits and all terms of the equation are in units of megagrams per
          month, and
EPViACTUAL = Emissions from each Group 1 miscellaneous
          process vent i that is uncontrolled or is controlled to a
          level less stringent than the reference control technology.
          This is calculated according to paragraph (g)(2) of this
          section.

[[Page 59]]

(0.02) EPViu = Emissions from each Group 1 miscellaneous
          process vent i if the reference control technology had been
          applied to the uncontrolled emissions, calculated according to
          paragraph (g)(2) of this section.
ESiACTUAL = Emissions from each Group 1 storage vessel i that
          is uncontrolled or is controlled to a level less stringent
          than the reference control technology. This is calculated
          according to paragraph (g)(3) of this section.
(0.05) ESiu = Emissions from each Group 1 storage vessel i if
          the reference control technology had been applied to the
          uncontrolled emissions, calculated according to paragraph
          (g)(3) of this section.
EGLRiACTUAL = Emissions from each Group 1 gasoline loading
          rack i that is uncontrolled or is controlled to a level less
          stringent than the reference control technology. This is
          calculated according to paragraph (g)(4) of this section.
EGLRic = Emissions from each Group 1 gasoline loading rack i
          if the reference control technology had been applied to the
          uncontrolled emissions. This is calculated according to
          paragraph (g)(4) of this section.
EMVACTUAL = Emissions from each Group 1 marine tank vessel i
          that is uncontrolled or is controlled to a level less
          stringent than the reference control technology. This is
          calculated according to paragraph (g)(5) of this section.
(0.03) EMViu = Emissions from each Group 1 marine tank vessel
          i if the reference control technology had been applied to the
          uncontrolled emissions calculated according to paragraph
          (g)(5) of this section.
n=The number of Group 1 emission points being included in the emissions
          average. The value of n is not necessarily the same for each
          kind of emission point.

    (2) Emissions from miscellaneous process vents shall be calculated
as follows:
    (i) For purposes of determining miscellaneous process vent stream
flow rate, organic HAP concentrations, and temperature, the sampling
site shall be after the final product recovery device, if any recovery
devices are present; before any control device (for miscellaneous
process vents, recovery devices shall not be considered control
devices); and before discharge to the atmosphere. Method 1 or 1A of part
60, appendix A shall be used for selection of the sampling site.
    (ii) The following equation shall be used for each miscellaneous
process vent i to calculate EPViu:
[GRAPHIC] [TIFF OMITTED] TR18AU95.003

where:

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

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

[[Page 60]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.004

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

where:

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

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

where:

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

[GRAPHIC] [TIFF OMITTED] TR18AU95.007

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

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

where:

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

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

[[Page 61]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.009

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

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

G is as defined in paragraph (g)(4)(ii) of this section.

    (vi) The following procedures and equations shall be used to
calculate EGLRiACTUAL:
    (A) If the gasoline loading rack is not controlled,
EGLRiACTUAL = EGLRiu, where EGLRiu is
calculated using the equations specified in paragraphs (g)(4)(i) through
(g)(4)(iv) of this section.
    (B) If the gasoline loading rack is controlled using a control
device or a pollution prevention measure not achieving the requirement
of less than 10 milligrams of TOC per liter of gasoline loaded,
[GRAPHIC] [TIFF OMITTED] TR18AU95.011

    (1) The percent reduction for a control device shall be measured
according to the procedures and test methods specified in Sec. 63.128(a)
of subpart G. If testing is not feasible, the percentage of reduction
shall be determined through a design evaluation according to the
procedures specified in Sec. 63.128(h) of subpart G.
    (2) Procedures for calculating the percentage of reduction for
pollution prevention measures are specified in paragraph (j) of this
section.
    (5) Emissions from marine tank vessel loading shall be calculated as
follows:
    (i) The following equation shall be used for each marine tank vessel
i to calculate EMViu:
[GRAPHIC] [TIFF OMITTED] TR18AU95.012

where:

EMViu = Uncontrolled marine tank vessel HAP emission rate
          from marine tank vessel i, megagrams per month.
Qi = Quantity of commodity loaded (per vessel type), liters.
Fi = Emission factor, megagrams per liter.
Pi = Percent HAP.
m=Number of combinations of commodities and vessel types loaded.

    Emission factors shall be based on test data or emission estimation
procedures specified in Sec. 63.565(l) of subpart Y.
    (ii) The following procedures and equations shall be used to
calculate EMViACTUAL:
    (A) If the marine tank vessel is not controlled,
EMViACTUAL = EMViu, where EMViu is
calculated using the equations specified in paragraph (g)(5)(i) of this
section.
    (B) If the marine tank vessel is controlled using a control device
or a pollution prevention measure achieving less than 97-percent
reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.013


[[Page 62]]


    (1) The percent reduction for a control device shall be measured
according to the procedures and test methods specified in Sec. 63.565(d)
of subpart Y. If testing is not feasible, the percentage of reduction
shall be determined through a design evaluation according to the
procedures specified in Sec. 63.128(h) of subpart G.
    (2) Procedures for calculating the percentage of reduction for
pollution prevention measures are specified in paragraph (j) of this
section.
    (h) Credits are generated by the difference between emissions that
are allowed for each Group 1 and Group 2 emission point and the actual
emissions from a Group 1 or Group 2 emission point that has been
controlled after November 15, 1990 to a level more stringent than what
is required by this subpart or any other State or Federal rule or
statute. Credits shall be calculated as follows:
    (1) The overall equation for calculating sourcewide credits is:
    [GRAPHIC] [TIFF OMITTED] TR12JN96.000

where:

Credits and all terms of the equation are in units of megagrams per
          month, the baseline date is November 15, 1990, and
D=Discount factor=0.9 for all credit-generating emission points except
          those controlled by a pollution prevention measure, which will
          not be discounted.
EPV1iACTUAL = Emissions for each Group 1 miscellaneous
          process vent i that is controlled to a level more stringent
          than the reference control technology, calculated according to
          paragraph (h)(2) of this section.
(0.02) EPV1iu = Emissions from each Group 1 miscellaneous
          process vent i if the reference control technology had been
          applied to the uncontrolled emissions. EPV1iu is
          calculated according to paragraph (h)(2) of this section.
EPV2iBASE = Emissions from each Group 2 miscellaneous process
          vent; at the baseline date, as calculated in paragraph (h)(2)
          of this section.
EPV2iACTUAL = Emissions from each Group 2 miscellaneous
          process vent that is controlled, calculated according to
          paragraph (h)(2) of this section.
ES1iACTUAL = Emissions from each Group 1 storage vessel i
          that is controlled to a level more stringent than the
          reference control technology, calculated according to
          paragraph (h)(3) of this section.
(0.05) ES1iu = Emissions from each Group 1 storage vessel i
          if the reference control technology had been applied to the
          uncontrolled emissions. ES1iu is calculated
          according to paragraph (h)(3) of this section.
ES2iACTUAL = Emissions from each Group 2 storage vessel i
          that is controlled, calculated according to paragraph (h)(3)
          of this section.
ES2iBASE = Emissions from each Group 2 storage vessel i at
          the baseline date, as calculated in paragraph (h)(3) of this
          section.
EGLR1iACTUAL = Emissions from each Group 1 gasoline loading
          rack i that is controlled

[[Page 63]]

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

    (i) For an emission point controlled using a reference control
technology, the percentage of reduction for calculating credits shall be
no greater than the nominal efficiency associated with the reference
control technology, unless a higher nominal efficiency is assigned as
specified in paragraph (h)(1)(ii) of this section.
    (ii) For an emission point controlled to a level more stringent than
the reference control technology, the nominal efficiency for calculating
credits shall be assigned as described in paragraph (i) of this section.
A reference control technology may be approved for use in a different
manner and assigned a higher nominal efficiency according to the
procedures in paragraph (i) of this section.
    (iii) For an emission point controlled using a pollution prevention
measure, the nominal efficiency for calculating credits shall be
determined as described in paragraph (j) of this section.
    (2) Emissions from process vents shall be determined as follows:
    (i) Uncontrolled emissions from miscellaneous process vents,
EPV1iu, shall be calculated according to the procedures and
equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of
this section.
    (ii) Actual emissions from miscellaneous process vents controlled
using a technology with an approved nominal efficiency greater than 98
percent or a pollution prevention measure achieving greater than 98
percent emission reduction, EPV1iACTUAL, shall be calculated
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.015


[[Page 64]]


    (iii) The following procedures shall be used to calculate actual
emissions from Group 2 process vents, EPV2iACTUAL:
    (A) For a Group 2 process vent controlled by a control device, a
recovery device applied as a pollution prevention project, or a
pollution prevention measure, if the control achieves a percentage of
reduction less than or equal to a 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.016

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

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

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

    (C) If a recovery device was added to a process vent as part of a
pollution prevention project initiated after November 15, 1990,
EPV2iBASE = EPV2iu,

[[Page 65]]

where EPV2iu is calculated according to paragraph
(h)(2)(iii)(A)(3) of this section.
    (3) Emissions from storage vessels shall be determined as specified
in Sec. 63.150(h)(3) of subpart G, except as follows:
    (i) All references to Sec. 63.119(b) in Sec. 63.150(h)(3) of subpart
G shall be replaced with: Sec. 63.119 (b) or Sec. 63.119(b) except for
Sec. 63.119(b)(5) and (b)(6).
    (ii) All references to Sec. 63.119(c) in Sec. 63.150(h)(3) of
subpart G shall be replaced with: Sec. 63.119(c) or Sec. 63.119(c)
except for Sec. 63.119(c)(2).
    (iii) All references to Sec. 63.119(d) in Sec. 63.150(h)(3) of
subpart G shall be replaced with: Sec. 63.119(d) or Sec. 63.119(d)
except for Sec. 63.119(d)(2).
    (4) Emissions from gasoline loading racks shall be determined as
follows:
    (i) Uncontrolled emissions from Group 1 gasoline loading racks,
EGLR1iu, shall be calculated according to the procedures and
equations for EGLRiu as described in paragraphs (g)(4)(i)
through (g)(4)(iv) of this section.
    (ii) Emissions from Group 1 gasoline loading racks if the reference
control technology had been applied, EGLRic, shall be
calculated according to the procedures and equations in paragraph
(g)(4)(v) of this section.
    (iii) Actual emissions from Group 1 gasoline loading racks
controlled to less than 10 milligrams of TOC per liter of gasoline
loaded; EGLRiACTUAL, shall be calculated according to the
following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.019

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

    (1) EGLR2iu shall be calculated according to the
equations and procedures for EGLRiu in paragraphs (g)(4)(i)
through (g)(4)(iv) of this section.
    (2) The percentage of reduction shall be calculated according to the
procedures in paragraphs (g)(4)(vi)(B)(1) and (g)(4)(vi)(B)(2) of this
section.
    (B) For a Group 2 gasoline loading rack controlled by using a
technology with an approved nominal efficiency greater than 98 percent
or a pollution prevention measure achieving greater than a 98-percent
reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.021


[[Page 66]]


    (v) Emissions from Group 2 gasoline loading racks at baseline,
EGLR2iBASE, shall be calculated as follows:
    (A) If the gasoline loading rack was uncontrolled on November 15,
1990, EGLR2iBASE = EGLR2iu, and shall be
calculated according to the procedures and equations for
EGLRiu in paragraphs (g)(4)(i) through (g)(4)(iv) of this
section.
    (B) If the gasoline loading rack was controlled on November 15,
1990,
[GRAPHIC] [TIFF OMITTED] TR18AU95.022

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

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

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

    (1) EMV2iu shall be calculated according to the equations
and procedures for EMViu in paragraph (g)(5)(i) of this
section.
    (2) The percentage of reduction shall be calculated according to the
procedures in paragraphs (g)(5)(ii)(B)(1) and (g)(5)(ii)(B)(2) of this
section.
    (B) For a Group 2 marine tank vessel controlled using a technology
or a pollution prevention measure with an approved nominal efficiency
greater than 97 percent,
[GRAPHIC] [TIFF OMITTED] TR18AU95.025


[[Page 67]]


    (iv) Emissions from Group 2 marine tank vessels at baseline,
EMV2iBASE, shall be calculated as follows:
    (A) If the marine terminal was uncontrolled on November 15, 1990,
EMV2iBASE equals EMV2iu, and shall be calculated
according to the procedures and equations for EMViu in
paragraph (g)(5)(i) of this section.
    (B) If the marine tank vessel was controlled on November 15, 1990,
    [GRAPHIC] [TIFF OMITTED] TR18AU95.026

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

    (6) Emissions from wastewater shall be determined as follows:
    (i) For purposes of paragraphs (h)(4)(ii) through (h)(4)(vi) of this
section, the following terms will have the meaning given them in
paragraphs (h)(6)(i)(A) through (h)(6)(i)(C) of this section.
    (A) Correctly suppressed means that a wastewater stream is being
managed according to the requirements of Secs. 61.343 through 61.347 or
Sec. 61.342(c)(l)(iii) of 40 CFR part 61, subpart FF, as applicable, and
the emissions from the waste management units subject to those
requirements are routed to a control device that reduces HAP emissions
by 95 percent or greater.
    (B) Treatment process has the meaning given in Sec. 61.341 of 40 CFR
part 61, subpart FF except that it does not include biological treatment
units.
    (C) Vapor control device means the control device that receives
emissions vented from a treatment process or treatment processes.
    (ii) The following equation shall be used for each wastewater stream
i to calculate EWWic:
[GRAPHIC] [TIFF OMITTED] TR18AU95.027

where:

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

    (A) HAPim shall be determined for the point of generation
or at a location downstream of the point of generation. Wastewater
samples shall be collected using the sampling procedures specified in
Method 25D of 40 CFR part 60, appendix A. Where feasible, samples shall
be taken from an enclosed pipe prior to the wastewater being exposed to
the atmosphere. When sampling from an enclosed pipe is not feasible, a
minimum of three representative samples shall be collected in a manner
to minimize exposure of the sample to the atmosphere and loss of organic
HAP's prior to sampling. The samples collected may be analyzed by either
of the following procedures:
    (1) A test method or results from a test method that measures
organic

[[Page 68]]

HAP concentrations in the wastewater, and that has been validated
pursuant to section 5.1 or 5.3 of Method 301 of appendix A of this part
may be used; or
    (2) Method 305 of appendix A of this part may be used to determine
Cim, the average volatile organic HAP concentration of
organic HAP m in wastewater stream i, and then HAPim may be
calculated using the following equation: HAPim =
Cim/Fmm, where Fmm for organic HAP m is
obtained from table 7 of this subpart.
    (B) Values for Qi, HAPim, and Cim
shall be determined during a performance test conducted under
representative conditions. The average value obtained from three test
runs shall be used. The values of Qi, HAPim, and
Cim shall be established in the Notification of Compliance
Status report and must be updated as provided in paragraph (h)(6)(i)(C)
of this section.
    (C) If there is a change to the process or operation such that the
previously measured values of Qi, HAPim, and
Cim are no longer representative, a new performance test
shall be conducted to determine new representative values of
Qi, HAPim, and Cim. These new values
shall be used to calculate debits and credits from the time of the
change forward, and the new values shall be reported in the next
Periodic Report.
    (iii) The following equations shall be used to calculate
EWW1iACTUAL for each Group 1 wastewater stream i that is
correctly suppressed and is treated to a level more stringent than the
reference control technology.
    (A) If the Group 1 wastewater stream i is controlled using a
treatment process or series of treatment processes with an approved
nominal reduction efficiency for an individually speciated HAP that is
greater than that specified in table 7 of this subpart, and the vapor
control device achieves a percentage of reduction equal to 95 percent,
the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.028

Where:

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

Where:

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


All other terms are as defined and determined in paragraph (h)(6)(ii) of
this section.
    (B) If the Group 1 wastewater stream i is not controlled using a
treatment process or series of treatment processes with an approved
nominal reduction efficiency for an individually speciated HAP that is
greater than that specified in table 7 of this subpart, but the vapor
control device has an approved nominal efficiency greater than 95
percent, the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.030


[[Page 69]]


Where:

Nominal efficiency=Approved reduction efficiency of the vapor control
          device, dimensionless, as determined according to the
          procedures in Sec. 63.652(i).
Am = The efficiency of the treatment process, or series of
          treatment processes, that treat wastewater stream i in
          reducing the emission potential of organic HAP m in
          wastewater, dimensionless.


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

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

    (iv) The following equation shall be used to calculate
EWW2iBASE for each Group 2 wastewater stream i that on
November 15, 1990 was not correctly suppressed or was correctly
suppressed but not treated:
[GRAPHIC] [TIFF OMITTED] TR18AU95.032

Where:

EWW2iBASE = Monthly wastewater stream emission rate if
          wastewater stream i is not correctly suppressed, megagrams per
          month.
Qi, Hi, s, Fem, and HAPim
          are as defined and determined according to paragraphs
          (h)(6)(ii) and (h)(6)(iii)(A) of this section.

    (v) The following equation shall be used to calculate
EWW2iBASE for each Group 2 wastewater stream i on November
15, 1990 was correctly suppressed. EWW2iBASE shall be
calculated as if the control methods being used on November 15, 1990 are
in place and any control methods applied after November 15, 1990 are
ignored. However, values for the parameters in the equation shall be
representative of present production levels and stream properties.

[[Page 70]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.033

where Ri is calculated according to paragraph (h)(6)(vii) of
          this section and all other terms are as defined and determined
          according to paragraphs (h)(6)(ii) and (h)(6)(iii)(A) of this
          section.

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

Where:

Ea = Mass flow rate of organic compounds exiting the control
          device, kilograms per hour.
Eb = Mass flow rate of organic compounds entering the control
          device, kilograms per hour.
Vap = Average volumetric flow rate of vent stream exiting the
          control device during run p at standards conditions, cubic
          meters per hour.
Vbp = Average volumetric flow rate of vent stream entering
          the control device during run p at standards conditions, cubic
          meters per hour.
p = Run.
m = Number of runs.
Caip = Concentration of organic compound i measured in the
          vent stream exiting the control device during run p as
          determined by Method 18 of 40 CFR part 60 appendix A, parts
          per million by volume on a dry basis.
Cbip = Concentration of organic compound i measured in the
          vent stream entering the control device during run p as
          determined by Method 18 of 40 CFR part 60, appendix A, parts
          per million by volume on a dry basis.
MWi = Molecular weight of organic compound i in the vent
          stream, kilograms per kilogram-mole.
n = Number of organic compounds in the vent stream.
0.0416 = Conversion factor for molar volume, kilograms-mole per cubic
          meter at 293 kelvin and 760 millimeters mercury absolute.

    (C) The organic reduction efficiency for the control device shall be
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR18AU95.035

Where:


[[Page 71]]


R = Total organic reduction efficiency for the control device,
          percentage.
Eb = Mass flow rate of organic compounds entering the control
          device, kilograms per hour.
Ea = Mass flow rate of organic compounds exiting the control
          device, kilograms per hour.

    (i) The following procedures shall be followed to establish nominal
efficiencies. The procedures in paragraphs (i)(1) through (i)(6) of this
section shall be followed for control technologies that are different in
use or design from the reference control technologies and achieve
greater percentages of reduction than the percentages of efficiency
assigned to the reference control technologies in Sec. 63.641.
    (1) In those cases where the owner or operator is seeking permission
to take credit for use of a control technology that is different in use
or design from the reference control technology, and the different
control technology will be used in more than three applications at a
single plant site, the owner or operator shall submit the information
specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section to
the Administrator in writing:
    (i) Emission stream characteristics of each emission point to which
the control technology is or will be applied including the kind of
emission point, flow, organic HAP concentration, and all other stream
characteristics necessary to design the control technology or determine
its performance;
    (ii) Description of the control technology including design
specifications;
    (iii) Documentation demonstrating to the Administrator's
satisfaction the control efficiency of the control technology. This may
include performance test data collected using an appropriate EPA method
or any other method validated according to Method 301 of appendix A of
this part. If it is infeasible to obtain test data, documentation may
include a design evaluation and calculations. The engineering basis of
the calculation procedures and all inputs and assumptions made in the
calculations shall be documented; and
    (iv) A description of the parameter or parameters to be monitored to
ensure that the control technology will be operated in conformance with
its design and an explanation of the criteria used for selection of that
parameter (or parameters).
    (2) The Administrator shall determine within 120 calendar days
whether an application presents sufficient information to determine
nominal efficiency. The Administrator reserves the right to request
specific data in addition to the items listed in paragraph (i)(1) of
this section.
    (3) The Administrator shall determine within 120 calendar days of
the submittal of sufficient data whether a control technology shall have
a nominal efficiency and the level of that nominal efficiency. If, in
the Administrator's judgment, the control technology achieves a level of
emission reduction greater than the reference control technology for a
particular kind of emission point, the Administrator will publish a
Federal Register notice establishing a nominal efficiency for the
control technology.
    (4) The Administrator may grant conditional permission to take
emission credits for use of the control technology on requirements that
may be necessary to ensure operation and maintenance to achieve the
specified nominal efficiency.
    (5) In those cases where the owner or operator is seeking permission
to take credit for use of a control technology that is different in use
or design from the reference control technology and the different
control technology will be used in no more than three applications at a
single plant site, the information listed in paragraphs (i)(1)(i)
through (i)(1)(iv) of this section can be submitted to the permitting
authority for the source for approval instead of the Administrator.
    (i) In these instances, use and conditions for use of the control
technology can be approved by the permitting authority. The permitting
authority shall follow the procedures specified in paragraphs (i)(2)
through (i)(4) of this section except that, in these instances, a
Federal Register notice is not required to establish the nominal
efficiency for the different technology.
    (ii) If, in reviewing the submittal, the permitting authority
believes the control technology has broad applicability

[[Page 72]]

for use by other sources, the permitting authority shall submit the
information provided in the application to the Director of the EPA
Office of Air Quality Planning and Standards. The Administrator shall
review the technology for broad applicability and may publish a Federal
Register notice; however, this review shall not affect the permitting
authority's approval of the nominal efficiency of the control technology
for the specific application.
    (6) If, in reviewing an application for a control technology for an
emission point, the Administrator or permitting authority determines the
control technology is not different in use or design from the reference
control technology, the Administrator or permitting authority shall deny
the application.
    (j) The following procedures shall be used for calculating the
efficiency (percentage of reduction) of pollution prevention measures:
    (1) A pollution prevention measure is any practice that meets the
criteria of paragraphs (j)(1)(i) and (j)(1)(ii) of this section.
    (i) A pollution prevention measure is any practice that results in a
lesser quantity of organic HAP emissions per unit of product released to
the atmosphere prior to out-of-process recycling, treatment, or control
of emissions while the same product is produced.
    (ii) Pollution prevention measures may include: Substitution of
feedstocks that reduce HAP emissions, alterations to the production
process to reduce the volume of materials released to the environment,
equipment modifications; housekeeping measures, and in-process recycling
that returns waste materials directly to production as raw materials.
Production cutbacks do not qualify as pollution prevention.
    (2) The emission reduction efficiency of pollution prevention
measures implemented after November 15, 1990 can be used in calculating
the actual emissions from an emission point in the debit and credit
equations in paragraphs (g) and (h) of this section.
    (i) For pollution prevention measures, the percentage of reduction
used in the equations in paragraphs (g)(2) and (g)(3) of this section
and paragraphs (h)(2) through (h)(4) of this section is the difference
in percentage between the monthly organic HAP emissions for each
emission point after the pollution prevention measure for the most
recent month versus monthly emissions from the same emission point
before the pollution prevention measure, adjusted by the volume of
product produced during the two monthly periods.
    (ii) The following equation shall be used to calculate the
percentage of reduction of a pollution prevention measure for each
emission point.
[GRAPHIC] [TIFF OMITTED] TR18AU95.036

Where:

Percent reduction=Efficiency of pollution prevention measure (percentage
          of organic HAP reduction).
EB = Monthly emissions before the pollution prevention
          measure, megagrams per month, determined as specified in
          paragraphs (j)(2)(ii)(A), (j)(2)(ii)(B), and (j)(2)(ii)(C) of
          this section.
Epp = Monthly emissions after the pollution prevention
          measure, megagrams per month, as determined for the most
          recent month, determined as specified in paragraphs
          (j)(2)(ii)(D) or (j)(2)(ii)(E) of this section.
PB = Monthly production before the pollution prevention
          measure, megagrams per month, during the same period over
          which EB is calculated.
Ppp = Monthly production after the pollution prevention
          measure, megagrams per month, as determined for the most
          recent month.

    (A) The monthly emissions before the pollution prevention measure,
EB, shall

[[Page 73]]

be determined in a manner consistent with the equations and procedures
in paragraphs (g)(2), (g)(3), (g)(4), and (g)(5) of this section for
miscellaneous process vents, storage vessels, gasoline loading racks,
and marine tank vessels.
    (B) For wastewater, EB shall be calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR18AU95.037

where:

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

    (C) If the pollution prevention measure was implemented prior to
July 14, 1994, records may be used to determine EB.
    (D) The monthly emissions after the pollution prevention measure,
Epp, may be determined during a performance test or by a
design evaluation and documented engineering calculations. Once an
emissions-to-production ratio has been established, the ratio can be
used to estimate monthly emissions from monthly production records.
    (E) For wastewater, Epp shall be calculated using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.038

where n, Q, H, s, Fem, and HAP are defined and determined as
          described in paragraph (j)(2)(ii)(B) of this section except
          that Qppi, Hppi, and HAPppim
          shall be determined after the pollution prevention measure has
          been implemented.

    (iii) All equations, calculations, test procedures, test results,
and other information used to determine the percentage of reduction
achieved by a pollution prevention measure for each emission point shall
be fully documented.
    (iv) The same pollution prevention measure may reduce emissions from
multiple emission points. In such cases, the percentage of reduction in
emissions for each emission point must be calculated.
    (v) For the purposes of the equations in paragraphs (h)(2) through
(h)(6) of this section used to calculate credits for emission points
controlled more stringently than the reference control technology, the
nominal efficiency of a pollution prevention measure is equivalent to
the percentage of reduction of the pollution prevention measure. When a
pollution prevention measure is used, the owner or operator of a source
is not required to apply to the Administrator for a nominal efficiency
and is not subject to paragraph (i) of this section.
    (k) The owner or operator shall demonstrate that the emissions from
the emission points proposed to be included in the average will not
result in greater hazard or, at the option of the State

[[Page 74]]

or local permitting authority, greater risk to human health or the
environment than if the emission points were controlled according to the
provisions in Secs. 63.643 through 63.647, and Secs. 63.650 and 63.651.
    (1) This demonstration of hazard or risk equivalency shall be made
to the satisfaction of the State or local permitting authority.
    (i) The State or local permitting authority may require owners and
operators to use specific methodologies and procedures for making a
hazard or risk determination.
    (ii) The demonstration and approval of hazard or risk equivalency
may be made according to any guidance that the EPA makes available for
use.
    (2) Owners and operators shall provide documentation demonstrating
the hazard or risk equivalency of their proposed emissions average in
their Implementation Plan.
    (3) An emissions averaging plan that does not demonstrate an
equivalent or lower hazard or risk to the satisfaction of the State or
local permitting authority shall not be approved. The State or local
permitting authority may require such adjustments to the emissions
averaging plan as are necessary in order to ensure that the average will
not result in greater hazard or risk to human health or the environment
than would result if the emission points were controlled according to
Secs. 63.643 through 63.647, and Secs. 63.650 and 63.651.
    (4) A hazard or risk equivalency demonstration shall:
    (i) Be a quantitative, bona fide chemical hazard or risk assessment;
    (ii) Account for differences in chemical hazard or risk to human
health or the environment; and
    (iii) Meet any requirements set by the State or local permitting
authority for such demonstrations.
    (l) For periods of excess emissions, an owner or operator may
request that the provisions of paragraphs (l)(1) through (l)(4) of this
section be followed instead of the procedures in paragraphs (f)(3)(i)
and (f)(3)(ii) of this section.
    (1) The owner or operator shall notify the Administrator of excess
emissions in the Periodic Reports as required in Sec. 63.655(g)(6).
    (2) The owner or operator shall demonstrate that other types of
monitoring data or engineering calculations are appropriate to establish
that the control device for the emission point was operating in such a
fashion to warrant assigning full or partial credits and debits. This
demonstration shall be made to the Administrator's satisfaction, and the
Administrator may establish procedures for demonstrating compliance that
are acceptable.
    (3) The owner or operator shall provide documentation of the period
of excess emissions and the other type of monitoring data or engineering
calculations to be used to demonstrate that the control device for the
emission point was operating in such a fashion to warrant assigning full
or partial credits and debits.
    (4) The Administrator may assign full or partial credit and debits
upon review of the information provided.

[60 FR 43260, Aug. 18, 1995; 60 FR 49976, Sept. 27, 1995; 61 FR 7051,
Feb. 23, 1996, as amended at 61 FR 29881, June 12, 1996; 61 FR 33799,
June 28, 1996; 74 FR 55686, Oct. 28, 2009]



Sec. 63.653  Monitoring, recordkeeping, and implementation plan for
emissions averaging.

    (a) For each emission point included in an emissions average, the
owner or operator shall perform testing, monitoring, recordkeeping, and
reporting equivalent to that required for Group 1 emission points
complying with Secs. 63.643 through 63.647, and Secs. 63.650 and 63.651.
The specific requirements for miscellaneous process vents, storage
vessels, wastewater, gasoline loading racks, and marine tank vessels are
identified in paragraphs (a)(1) through (a)(7) of this section.
    (1) The source shall implement the following testing, monitoring,
recordkeeping, and reporting procedures for each miscellaneous process
vent equipped with a flare, incinerator, boiler, or process heater:
    (i) Conduct initial performance tests to determine the percentage of
reduction as specified in Sec. 63.645 of this subpart and Sec. 63.116 of
subpart G; and

[[Page 75]]

    (ii) Monitor the operating parameters specified in Sec. 63.644, as
appropriate for the specific control device.
    (2) The source shall implement the following procedures for each
miscellaneous process vent, equipped with a carbon adsorber, absorber,
or condenser but not equipped with a control device:
    (i) Determine the flow rate and organic HAP concentration using the
methods specified in Sec. 63.115 (a)(1) and (a)(2), Sec. 63.115 (b)(1)
and (b)(2), and Sec. 63.115(c)(3) of subpart G; and
    (ii) Monitor the operating parameters specified in Sec. 63.114 of
subpart G, as appropriate for the specific recovery device.
    (3) The source shall implement the following procedures for each
storage vessel controlled with an internal floating roof, external roof,
or a closed vent system with a control device, as appropriate to the
control technique:
    (i) Perform the monitoring or inspection procedures in Sec. 63.646
of this subpart and Sec. 63.120 of subpart G; and
    (ii) For closed vent systems with control devices, conduct an
initial design evaluation as specified in Sec. 63.646 of this subpart
and Sec. 63.120(d) of subpart G.
    (4) For each gasoline loading rack that is controlled, perform the
testing and monitoring procedures specified in Secs. 63.425 and 63.427
of subpart R of this part except Sec. 63.425(d) or Sec. 63.427(c).
    (5) For each marine tank vessel that is controlled, perform the
compliance, monitoring, and performance testing, procedures specified in
Secs. 63.563, 63.564, and 63.565 of subpart Y of this part.
    (6) The source shall implement the following procedures for
wastewater emission points, as appropriate to the control techniques:
    (i) For wastewater treatment processes, conduct tests as specified
in Sec. 61.355 of subpart FF of part 60;
    (ii) Conduct inspections and monitoring as specified in Secs. 61.343
through 61.349 and Sec. 61.354 of 40 CFR part 61, subpart FF.
    (7) If an emission point in an emissions average is controlled using
a pollution prevention measure or a device or technique for which no
monitoring parameters or inspection procedures are specified in
Secs. 63.643 through 63.647 and Secs. 63.650 and 63.651, the owner or
operator shall establish a site-specific monitoring parameter and shall
submit the information specified in Sec. 63.655(h)(4) in the
Implementation Plan.
    (b) Records of all information required to calculate emission debits
and credits and records required by Sec. 63.655 shall be retained for 5
years.
    (c) Notifications of Compliance Status report, Periodic Reports, and
other reports shall be submitted as required by Sec. 63.655.
    (d) Each owner or operator of an existing source who elects to
comply with Sec. 63.655(g) and (h) by using emissions averaging for any
emission points shall submit an Implementation Plan.
    (1) The Implementation Plan shall be submitted to the Administrator
and approved prior to implementing emissions averaging. This information
may be submitted in an operating permit application, in an amendment to
an operating permit application, in a separate submittal, in a
Notification of Compliance Status Report, in a Periodic Report or in any
combination of these documents. If an owner or operator submits the
information specified in paragraph (d)(2) of this section at different
times, and/or in different submittals, later submittals may refer to
earlier submittals instead of duplicating the previously submitted
information.
    (2) The Implementation Plan shall include the information specified
in paragraphs (d)(2)(i) through (d)(2)(ix) of this section for all
points included in the average.
    (i) The identification of all emission points in the planned
emissions average and notation of whether each emission point is a Group
1 or Group 2 emission point as defined in Sec. 63.641.
    (ii) The projected annual emission debits and credits for each
emission point and the sum for the emission points involved in the
average calculated according to Sec. 63.652. The annual projected
credits must be greater than the projected debits, as required under
Sec. 63.652(e)(3).
    (iii) The specific control technology or pollution prevention
measure that will be used for each emission point included in the
average and date of application or expected date of application.

[[Page 76]]

    (iv) The specific identification of each emission point affected by
a pollution prevention measure. To be considered a pollution prevention
measure, the criteria in Sec. 63.652(j)(1) must be met. If the same
pollution prevention measure reduces or eliminates emissions from
multiple emission points in the average, the owner or operator must
identify each of these emission points.
    (v) A statement that the compliance demonstration, monitoring,
inspection, recordkeeping, and reporting provisions in paragraphs (a),
(b), and (c) of this section that are applicable to each emission point
in the emissions average will be implemented beginning on the date of
compliance.
    (vi) Documentation of the information listed in paragraphs
(d)(2)(vi)(A) through (d)(2)(vi)(D) of this section for each emission
point included in the average.
    (A) The values of the parameters used to determine whether each
emission point in the emissions average is Group 1 or Group 2.
    (B) The estimated values of all parameters needed for input to the
emission debit and credit calculations in Sec. 63.652 (g) and (h). These
parameter values or, as appropriate, limited ranges for the parameter
values, shall be specified in the source's Implementation Plan as
enforceable operating conditions. Changes to these parameters must be
reported in the next Periodic Report.
    (C) The estimated percentage of reduction if a control technology
achieving a lower percentage of reduction than the efficiency of the
reference control technology, as defined in Sec. 63.641, is or will be
applied to the emission point.
    (D) The anticipated nominal efficiency if a control technology
achieving a greater percentage emission reduction than the efficiency of
the reference control technology is or will be applied to the emission
point. The procedures in Sec. 63.652(i) shall be followed to apply for a
nominal efficiency.
    (vii) The information specified in Sec. 63.655(h)(4) for:
    (A) Each miscellaneous process vent controlled by a pollution
prevention measure or control technique for which monitoring parameters
or inspection procedures are not specified in paragraphs (a)(1) or
(a)(2) of this section; and
    (B) Each storage vessel controlled by a pollution prevention measure
or a control technique other than an internal or external floating roof
or a closed vent system with a control device.
    (viii) Documentation of the information listed in paragraphs
(d)(2)(viii)(A) through (d)(2)(viii)(G) of this section for each process
wastewater stream included in the average.
    (A) The information used to determine whether the wastewater stream
is a Group 1 or Group 2 wastewater stream.
    (B) The estimated values of all parameters needed for input to the
wastewater emission credit and debit calculations in Sec. 63.652(h)(6).
    (C) The estimated percentage of reduction if the wastewater stream
is or will be controlled using a treatment process or series of
treatment processes that achieves an emission reduction less than or
equal to the emission reduction specified in table 7 of this subpart.
    (D) The estimated percentage of reduction if a control technology
achieving less than or equal to 95 percent emission reduction is or will
be applied to the vapor stream(s) vented and collected from the
treatment processes.
    (E) The estimated percentage of reduction if a pollution prevention
measure is or will be applied.
    (F) The anticipated nominal efficiency if the owner or operator
plans to apply for a nominal efficiency under Sec. 63.652(i). A nominal
efficiency shall be applied for if:
    (1) A control technology is or will be applied to the wastewater
stream and achieves an emission reduction greater than the emission
reduction specified in table 7 of this subpart; or
    (2) A control technology achieving greater than 95 percent emission
reduction is or will be applied to the vapor stream(s) vented and
collected from the treatment processes.
    (G) For each pollution prevention measure, treatment process, or
control device used to reduce air emissions of organic HAP from
wastewater and for which no monitoring parameters or inspection
procedures are specified in

[[Page 77]]

Sec. 63.647, the information specified in Sec. 63.655(h)(4) shall be
included in the Implementation Plan.
    (ix) Documentation required in Sec. 63.652(k) demonstrating the
hazard or risk equivalency of the proposed emissions average.
    (3) The Administrator shall determine within 120 calendar days
whether the Implementation Plan submitted presents sufficient
information. The Administrator shall either approve the Implementation
Plan, request changes, or request that the owner or operator submit
additional information. Once the Administrator receives sufficient
information, the Administrator shall approve, disapprove, or request
changes to the plan within 120 calendar days.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, June 12, 1996;
63 FR 31361, June 9, 1998; 74 FR 55686, Oct. 28, 2009]



Sec. 63.654  Heat exchange systems.

    (a) Except as specified in paragraph (b) of this section, the owner
or operator of a heat exchange system that meets the criteria in
Sec. 63.640(c)(8) must comply with the requirements of paragraphs (c)
through (g) of this section.
    (b) A heat exchange system is exempt from the requirements in
paragraphs (c) through (g) of this section if all heat exchangers within
the heat exchange system either:
    (1) Operate with the minimum pressure on the cooling water side at
least 35 kilopascals greater than the maximum pressure on the process
side; or
    (2) Employ an intervening cooling fluid containing less than 5
percent by weight of total organic HAP, as determined according to the
provisions of Sec. 63.180(d) of this part and table 1 of this subpart,
between the process and the cooling water. This intervening fluid must
serve to isolate the cooling water from the process fluid and must not
be sent through a cooling tower or discharged. For purposes of this
section, discharge does not include emptying for maintenance purposes.
    (c) The owner or operator must perform monitoring to identify leaks
of total strippable volatile organic compounds (VOC) from each heat
exchange system subject to the requirements of this subpart according to
the procedures in paragraphs (c)(1) through (6) of this section.
    (1) Monitoring locations for closed-loop recirculation heat exchange
systems. For each closed loop recirculating heat exchange system,
collect and analyze a sample from the location(s) described in either
paragraph (c)(1)(i) or (c)(1)(ii) of this section.
    (i) Each cooling tower return line or any representative riser
within the cooling tower prior to exposure to air for each heat exchange
system.
    (ii) Selected heat exchanger exit line(s) so that each heat
exchanger or group of heat exchangers within a heat exchange system is
covered by the selected monitoring location(s).
    (2) Monitoring locations for once-through heat exchange systems. For
each once-through heat exchange system, collect and analyze a sample
from the location(s) described in paragraph (c)(2)(i) of this section.
The owner or operator may also elect to collect and analyze an
additional sample from the location(s) described in paragraph (c)(2)(ii)
of this section.
    (i) Selected heat exchanger exit line(s) so that each heat exchanger
or group of heat exchangers within a heat exchange system is covered by
the selected monitoring location(s). The selected monitoring location
may be at a point where discharges from multiple heat exchange systems
are combined provided that the combined cooling water flow rate at the
monitoring location does not exceed 40,000 gallons per minute.
    (ii) The inlet water feed line for a once-through heat exchange
system prior to any heat exchanger. If multiple heat exchange systems
use the same water feed (i.e., inlet water from the same primary water
source), the owner or operator may monitor at one representative
location and use the monitoring results for that sampling location for
all heat exchange systems that use that same water feed.
    (3) Monitoring method. Determine the total strippable hydrocarbon
concentration (in parts per million by volume (ppmv) as methane) at each
monitoring location using the ``Air Stripping Method (Modified El Paso
Method) for Determination of Volatile Organic Compound Emissions from
Water

[[Page 78]]

Sources'' Revision Number One, dated January 2003, Sampling Procedures
Manual, Appendix P: Cooling Tower Monitoring, prepared by Texas
Commission on Environmental Quality, January 31, 2003 (incorporated by
reference--see Sec. 63.14) using a flame ionization detector (FID)
analyzer for on-site determination as described in Section 6.1 of the
Modified El Paso Method.
    (4) Monitoring frequency and leak action level for existing sources.
For a heat exchange system at an existing source, the owner or operator
must comply with the monitoring frequency and leak action level as
defined in paragraph (c)(4)(i) of this section or comply with the
monitoring frequency and leak action level as defined in paragraph
(c)(4)(ii) of this section. The owner or operator of an affected heat
exchange system may choose to comply with paragraph (c)(4)(i) of this
section for some heat exchange systems at the petroleum refinery and
comply with paragraph (c)(4)(ii) of this section for other heat exchange
systems. However, for each affected heat exchange system, the owner or
operator of an affected heat exchange system must elect one monitoring
alternative that will apply at all times. If the owner or operator
intends to change the monitoring alternative that applies to a heat
exchange system, the owner or operator must notify the Administrator 30
days in advance of such a change. All ``leaks'' identified prior to
changing monitoring alternatives must be repaired. The monitoring
frequencies specified in paragraphs (c)(4)(i) and (ii) of this section
also apply to the inlet water feed line for a once-through heat exchange
system, if monitoring of the inlet water feed is elected as provided in
paragraph (c)(2)(ii) of this section.
    (i) Monitor monthly using a leak action level defined as a total
strippable hydrocarbon concentration (as methane) in the stripping gas
of 6.2 ppmv.
    (ii) Monitor quarterly using a leak action level defined as a total
strippable hydrocarbon concentration (as methane) in the stripping gas
of 3.1 ppmv unless repair is delayed as provided in paragraph (f) of
this section. If a repair is delayed as provided in paragraph (f) of
this section, monitor monthly.
    (5) Monitoring frequency and leak action level for new sources. For
a heat exchange system at a new source, the owner or operator must
monitor monthly using a leak action level defined as a total strippable
hydrocarbon concentration (as methane) in the stripping gas of 3.1 ppmv.
    (6) Leak definition. A leak is defined as described in paragraph
(c)(6)(i) or (c)(6)(ii) of this section, as applicable.
    (i) For once-through heat exchange systems for which the inlet water
feed is monitored as described in paragraph (c)(2)(ii) of this section,
a leak is detected if the difference in the measurement value of the
sample taken from a location specified in paragraph (c)(2)(i) of this
section and the measurement value of the corresponding sample taken from
the location specified in paragraph (c)(2)(ii) of this section equals or
exceeds the leak action level.
    (ii) For all other heat exchange systems, a leak is detected if a
measurement value of the sample taken from a location specified in
either paragraph (c)(1)(i), (c)(1)(ii), or (c)(2)(i) of this section
equals or exceeds the leak action level.
    (d) If a leak is detected, the owner or operator must repair the
leak to reduce the measured concentration to below the applicable action
level as soon as practicable, but no later than 45 days after
identifying the leak, except as specified in paragraphs (e) and (f) of
this section. Repair includes re-monitoring at the monitoring location
where the leak was identified according to the method specified in
paragraph (c)(3) of this section to verify that the measured
concentration is below the applicable action level. Actions that can be
taken to achieve repair include but are not limited to:
    (1) Physical modifications to the leaking heat exchanger, such as
welding the leak or replacing a tube;
    (2) Blocking the leaking tube within the heat exchanger;
    (3) Changing the pressure so that water flows into the process
fluid;
    (4) Replacing the heat exchanger or heat exchanger bundle; or
    (5) Isolating, bypassing, or otherwise removing the leaking heat
exchanger

[[Page 79]]

from service until it is otherwise repaired.
    (e) If the owner or operator detects a leak when monitoring a
cooling tower return line under paragraph (c)(1)(i) of this section, the
owner or operator may conduct additional monitoring of each heat
exchanger or group of heat exchangers associated with the heat exchange
system for which the leak was detected as provided under paragraph
(c)(1)(ii) of this section. If no leaks are detected when monitoring
according to the requirements of paragraph (c)(1)(ii) of this section,
the heat exchange system is considered to meet the repair requirements
through re-monitoring of the heat exchange system as provided in
paragraph (d) of this section.
    (f) The owner or operator may delay the repair of a leaking heat
exchanger when one of the conditions in paragraph (f)(1) or (f)(2) of
this section is met and the leak is less than the delay of repair action
level specified in paragraph (f)(3) of this section. The owner or
operator must determine if a delay of repair is necessary as soon as
practicable, but no later than 45 days after first identifying the leak.
    (1) If the repair is technically infeasible without a shutdown and
the total strippable hydrocarbon concentration is initially and remains
less than the delay of repair action level for all monthly monitoring
periods during the delay of repair, the owner or operator may delay
repair until the next scheduled shutdown of the heat exchange system.
If, during subsequent monthly monitoring, the delay of repair action
level is exceeded, the owner or operator must repair the leak within 30
days of the monitoring event in which the leak was equal to or exceeded
the delay of repair action level.
    (2) If the necessary equipment, parts, or personnel are not
available and the total strippable hydrocarbon concentration is
initially and remains less than the delay of repair action level for all
monthly monitoring periods during the delay of repair, the owner or
operator may delay the repair for a maximum of 120 calendar days. The
owner or operator must demonstrate that the necessary equipment, parts,
or personnel were not available. If, during subsequent monthly
monitoring, the delay of repair action level is exceeded, the owner or
operator must repair the leak within 30 days of the monitoring event in
which the leak was equal to or exceeded the delay of repair action
level.
    (3) The delay of repair action level is a total strippable
hydrocarbon concentration (as methane) in the stripping gas of 62 ppmv.
The delay of repair action level is assessed as described in paragraph
(f)(3)(i) or (f)(3)(ii) of this section, as applicable.
    (i) For once-through heat exchange systems for which the inlet water
feed is monitored as described in paragraph (c)(2)(ii) of this section,
the delay of repair action level is exceeded if the difference in the
measurement value of the sample taken from a location specified in
paragraph (c)(2)(i) of this section and the measurement value of the
corresponding sample taken from the location specified in paragraph
(c)(2)(ii) of this section equals or exceeds the delay of repair action
level.
    (ii) For all other heat exchange systems, the delay of repair action
level is exceeded if a measurement value of the sample taken from a
location specified in either paragraphs (c)(1)(i), (c)(1)(ii), or
(c)(2)(i) of this section equals or exceeds the delay of repair action
level.
    (g) To delay the repair under paragraph (f) of this section, the
owner or operator must record the information in paragraphs (g)(1)
through (4) of this section.
    (1) The reason(s) for delaying repair.
    (2) A schedule for completing the repair as soon as practical.
    (3) The date and concentration of the leak as first identified and
the results of all subsequent monthly monitoring events during the delay
of repair.
    (4) An estimate of the potential strippable hydrocarbon emissions
from the leaking heat exchange system or heat exchanger for each
required delay of repair monitoring interval following the procedures in
paragraphs (g)(4)(i) through (iv) of this section.
    (i) Determine the leak concentration as specified in paragraph (c)
of this section and convert the stripping gas leak concentration (in
ppmv as methane) to an equivalent liquid concentration, in parts per
million by weight (ppmw),

[[Page 80]]

using equation 7-1 from ``Air Stripping Method (Modified El Paso Method)
for Determination of Volatile Organic Compound Emissions from Water
Sources'' Revision Number One, dated January 2003, Sampling Procedures
Manual, Appendix P: Cooling Tower Monitoring, prepared by Texas
Commission on Environmental Quality, January 31, 2003 (incorporated by
reference--see Sec. 63.14) and the molecular weight of 16 grams per mole
(g/mol) for methane.
    (ii) Determine the mass flow rate of the cooling water at the
monitoring location where the leak was detected. If the monitoring
location is an individual cooling tower riser, determine the total
cooling water mass flow rate to the cooling tower. Cooling water mass
flow rates may be determined using direct measurement, pump curves, heat
balance calculations, or other engineering methods. Volumetric flow
measurements may be used and converted to mass flow rates using the
density of water at the specific monitoring location temperature or
using the default density of water at 25 degrees Celsius, which is 997
kilograms per cubic meter or 8.32 pounds per gallon.
    (iii) For delay of repair monitoring intervals prior to repair of
the leak, calculate the potential strippable hydrocarbon emissions for
the leaking heat exchange system or heat exchanger for the monitoring
interval by multiplying the leak concentration in the cooling water,
ppmw, determined in (g)(4)(i) of this section, by the mass flow rate of
the cooling water determined in (g)(4)(ii) of this section and by the
duration of the delay of repair monitoring interval. The duration of the
delay of repair monitoring interval is the time period starting at
midnight on the day of the previous monitoring event or at midnight on
the day the repair would have had to be completed if the repair had not
been delayed, whichever is later, and ending at midnight of the day the
of the current monitoring event.
    (iv) For delay of repair monitoring intervals ending with a repaired
leak, calculate the potential strippable hydrocarbon emissions for the
leaking heat exchange system or heat exchanger for the final delay of
repair monitoring interval by multiplying the duration of the final
delay of repair monitoring interval by the leak concentration and
cooling water flow rates determined for the last monitoring event prior
to the re-monitoring event used to verify the leak was repaired. The
duration of the final delay of repair monitoring interval is the time
period starting at midnight of the day of the last monitoring event
prior to re-monitoring to verify the leak was repaired and ending at the
time of the re-monitoring event that verified that the leak was
repaired.

[74 FR 55686, Oct. 28, 2009, as amended at 75 FR 37731, June 30, 2010;
78 FR 37146, June 20, 2013]



Sec. 63.655  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to the wastewater provisions in
Sec. 63.647 shall comply with the recordkeeping and reporting provisions
in Secs. 61.356 and 61.357 of 40 CFR part 61, subpart FF unless they are
complying with the wastewater provisions specified in paragraph
(o)(2)(ii) of Sec. 63.640. There are no additional reporting and
recordkeeping requirements for wastewater under this subpart unless a
wastewater stream is included in an emissions average. Recordkeeping and
reporting for emissions averages are specified in Sec. 63.653 and in
paragraphs (f)(5) and (g)(8) of this section.
    (b) Each owner or operator subject to the gasoline loading rack
provisions in Sec. 63.650 shall comply with the recordkeeping and
reporting provisions in Sec. 63.428 (b) and (c), (g)(1), (h)(1) through
(h)(3), and (k) of subpart R. These requirements are summarized in table
4 of this subpart. There are no additional reporting and recordkeeping
requirements for gasoline loading racks under this subpart unless a
loading rack is included in an emissions average. Recordkeeping and
reporting for emissions averages are specified in Sec. 63.653 and in
paragraphs (f)(5) and (g)(8) of this section.
    (c) Each owner or operator subject to the marine tank vessel loading
operation standards in Sec. 63.651 shall comply with the recordkeeping
and reporting provisions in Secs. 63.567(a) and 63.567(c)

[[Page 81]]

through (k) of subpart Y. These requirements are summarized in table 5
of this subpart. There are no additional reporting and recordkeeping
requirements for marine tank vessel loading operations under this
subpart unless marine tank vessel loading operations are included in an
emissions average. Recordkeeping and reporting for emissions averages
are specified in Sec. 63.653 and in paragraphs (f)(5) and (g)(8) of this
section.
    (d) Each owner or operator subject to the equipment leaks standards
in Sec. 63.648 shall comply with the recordkeeping and reporting
provisions in paragraphs (d)(1) through (d)(6) of this section.
    (1) Sections 60.486 and 60.487 of subpart VV of part 60 except as
specified in paragraph (d)(1)(i) of this section; or Secs. 63.181 and
63.182 of subpart H of this part except for Secs. 63.182(b), (c)(2), and
(c)(4).
    (i) The signature of the owner or operator (or designate) whose
decision it was that a repair could not be effected without a process
shutdown is not required to be recorded. Instead, the name of the person
whose decision it was that a repair could not be effected without a
process shutdown shall be recorded and retained for 2 years.
    (ii) [Reserved]
    (2) The Notification of Compliance Status report required by
Sec. 63.182(c) of subpart H and the initial semiannual report required
by Sec. 60.487(b) of 40 CFR part 60, subpart VV shall be submitted
within 150 days of the compliance date specified in Sec. 63.640(h); the
requirements of subpart H of this part are summarized in table 3 of this
subpart.
    (3) An owner or operator who determines that a compressor qualifies
for the hydrogen service exemption in Sec. 63.648 shall also keep a
record of the demonstration required by Sec. 63.648.
    (4) An owner or operator must keep a list of identification numbers
for valves that are designated as leakless per Sec. 63.648(c)(10).
    (5) An owner or operator must identify, either by list or location
(area or refining process unit), equipment in organic HAP service less
than 300 hours per year within refining process units subject to this
subpart.
    (6) An owner or operator must keep a list of reciprocating pumps and
compressors determined to be exempt from seal requirements as per
Secs. 63.648 (f) and (i).
    (e) Each owner or operator of a source subject to this subpart shall
submit the reports listed in paragraphs (e)(1) through (e)(3) of this
section except as provided in paragraph (h)(5) of this section, and
shall keep records as described in paragraph (i) of this section.
    (1) A Notification of Compliance Status report as described in
paragraph (f) of this section;
    (2) Periodic Reports as described in paragraph (g) of this section;
and
    (3) Other reports as described in paragraph (h) of this section.
    (f) Each owner or operator of a source subject to this subpart shall
submit a Notification of Compliance Status report within 150 days after
the compliance dates specified in Sec. 63.640(h) with the exception of
Notification of Compliance Status reports submitted to comply with
Sec. 63.640(l)(3) and for storage vessels subject to the compliance
schedule specified in Sec. 63.640(h)(4). Notification of Compliance
Status reports required by Sec. 63.640(l)(3) and for storage vessels
subject to the compliance dates specified in Sec. 63.640(h)(4) shall be
submitted according to paragraph (f)(6) of this section. This
information may be submitted in an operating permit application, in an
amendment to an operating permit application, in a separate submittal,
or in any combination of the three. If the required information has been
submitted before the date 150 days after the compliance date specified
in Sec. 63.640(h), a separate Notification of Compliance Status report
is not required within 150 days after the compliance dates specified in
Sec. 63.640(h). If an owner or operator submits the information
specified in paragraphs (f)(1) through (f)(5) of this section at
different times, and/or in different submittals, later submittals may
refer to earlier submittals instead of duplicating and resubmitting the
previously submitted information. Each owner or operator of a gasoline
loading rack classified under Standard Industrial Classification Code
2911 located within a contiguous area and under common

[[Page 82]]

control with a petroleum refinery subject to the standards of this
subpart shall submit the Notification of Compliance Status report
required by subpart R of this part within 150 days after the compliance
dates specified in Sec. 63.640(h) of this subpart.
    (1) The Notification of Compliance Status report shall include the
information specified in paragraphs (f)(1)(i) through (f)(1)(vi) of this
section.
    (i) For storage vessels, this report shall include the information
specified in paragraphs (f)(1)(i)(A) through (f)(1)(i)(D) of this
section.
    (A) Identification of each storage vessel subject to this subpart,
and for each Group 1 storage vessel subject to this subpart, the
information specified in paragraphs (f)(1)(i)(A)(1) through
(f)(1)(i)(A)(3) of this section. This information is to be revised each
time a Notification of Compliance Status report is submitted for a
storage vessel subject to the compliance schedule specified in
Sec. 63.640(h)(4) or to comply with Sec. 63.640(l)(3).
    (1) For each Group 1 storage vessel complying with Sec. 63.646 that
is not included in an emissions average, the method of compliance (i.e.,
internal floating roof, external floating roof, or closed vent system
and control device).
    (2) For storage vessels subject to the compliance schedule specified
in Sec. 63.640(h)(4) that are not complying with Sec. 63.646, the
anticipated compliance date.
    (3) For storage vessels subject to the compliance schedule specified
in Sec. 63.640(h)(4) that are complying with Sec. 63.646 and the Group 1
storage vessels described in Sec. 63.640(l), the actual compliance date.
    (B) If a closed vent system and a control device other than a flare
is used to comply with Sec. 63.646 the owner or operator shall submit:
    (1) A description of the parameter or parameters to be monitored to
ensure that the control device is being properly operated and
maintained, an explanation of the criteria used for selection of that
parameter (or parameters), and the frequency with which monitoring will
be performed; and either
    (2) The design evaluation documentation specified in
Sec. 63.120(d)(1)(i) of subpart G, if the owner or operator elects to
prepare a design evaluation; or
    (3) If the owner or operator elects to submit the results of a
performance test, identification of the storage vessel and control
device for which the performance test will be submitted, and
identification of the emission point(s) that share the control device
with the storage vessel and for which the performance test will be
conducted.
    (C) If a closed vent system and control device other than a flare is
used, the owner or operator shall submit:
    (1) The operating range for each monitoring parameter. The specified
operating range shall represent the conditions for which the control
device is being properly operated and maintained.
    (2) If a performance test is conducted instead of a design
evaluation, results of the performance test demonstrating that the
control device achieves greater than or equal to the required control
efficiency. A performance test conducted prior to the compliance date of
this subpart can be used to comply with this requirement, provided that
the test was conducted using EPA methods and that the test conditions
are representative of current operating practices.
    (D) If a closed vent system and a flare is used, the owner or
operator shall submit:
    (1) Flare design (e.g., steam-assisted, air-assisted, or
nonassisted);
    (2) All visible emission readings, heat content determinations, flow
rate measurements, and exit velocity determinations made during the
compliance determination required by Sec. 63.120(e) of subpart G of this
part; and
    (3) All periods during the compliance determination when the pilot
flame is absent.
    (ii) For miscellaneous process vents, identification of each
miscellaneous process vent subject to this subpart, whether the process
vent is Group 1 or Group 2, and the method of compliance for each Group
1 miscellaneous process vent that is not included in an emissions
average (e.g., use of a flare or other control device meeting the
requirements of Sec. 63.643(a)).
    (iii) For miscellaneous process vents controlled by control devices
required

[[Page 83]]

to be tested under Sec. 63.645 of this subpart and Sec. 63.116(c) of
subpart G of this part, performance test results including the
information in paragraphs (f)(1)(iii)(A) and (B) of this section.
Results of a performance test conducted prior to the compliance date of
this subpart can be used provided that the test was conducted using the
methods specified in Sec. 63.645 and that the test conditions are
representative of current operating conditions.
    (A) The percentage of reduction of organic HAP's or TOC, or the
outlet concentration of organic HAP's or TOC (parts per million by
volume on a dry basis corrected to 3 percent oxygen), determined as
specified in Sec. 63.116(c) of subpart G of this part; and
    (B) The value of the monitored parameters specified in table 10 of
this subpart, or a site-specific parameter approved by the permitting
authority, averaged over the full period of the performance test,
    (iv) For miscellaneous process vents controlled by flares,
performance test results including the information in paragraphs
(f)(1)(iv)(A) and (B) of this section;
    (A) All visible emission readings, heat content determinations, flow
rate measurements, and exit velocity determinations made during the
compliance determination required by Sec. 63.645 of this subpart and
Sec. 63.116(a) of subpart G of this part, and
    (B) A statement of whether a flame was present at the pilot light
over the full period of the compliance determination.
    (v) For equipment leaks complying with Sec. 63.648(c) (i.e.,
complying with the requirements of subpart H of this part), the
Notification of Compliance Report Status report information required by
Sec. 63.182(c) of subpart H and whether the percentage of leaking valves
will be reported on a process unit basis or a sourcewide basis.
    (vi) For each heat exchange system, identification of the heat
exchange systems that are subject to the requirements of this subpart.
For heat exchange systems at existing sources, the owner or operator
shall indicate whether monitoring will be conducted as specified in
Sec. 63.654(c)(4)(i) or Sec. 63.654(c)(4)(ii).
    (2) If initial performance tests are required by Secs. 63.643
through 63.653 of this subpart, the Notification of Compliance Status
report shall include one complete test report for each test method used
for a particular source.
    (i) For additional tests performed using the same method, the
results specified in paragraph (f)(1) of this section shall be
submitted, but a complete test report is not required.
    (ii) A complete test report shall include a sampling site
description, description of sampling and analysis procedures and any
modifications to standard procedures, quality assurance procedures,
record of operating conditions during the test, record of preparation of
standards, record of calibrations, raw data sheets for field sampling,
raw data sheets for field and laboratory analyses, documentation of
calculations, and any other information required by the test method.
    (iii) Performance tests are required only if specified by
Secs. 63.643 through 63.653 of this subpart. Initial performance tests
are required for some kinds of emission points and controls. Periodic
testing of the same emission point is not required.
    (3) For each monitored parameter for which a range is required to be
established under Sec. 63.120(d) of subpart G of this part for storage
vessels or Sec. 63.644 for miscellaneous process vents, the Notification
of Compliance Status report shall include the information in paragraphs
(f)(3)(i) through (f)(3)(iii) of this section.
    (i) The specific range of the monitored parameter(s) for each
emission point;
    (ii) The rationale for the specific range for each parameter for
each emission point, including any data and calculations used to develop
the range and a description of why the range ensures compliance with the
emission standard.
    (A) If a performance test is required by this subpart for a control
device, the range shall be based on the parameter values measured during
the performance test supplemented by engineering assessments and
manufacturer's recommendations. Performance testing is not required to
be conducted

[[Page 84]]

over the entire range of permitted parameter values.
    (B) If a performance test is not required by this subpart for a
control device, the range may be based solely on engineering assessments
and manufacturers' recommendations.
    (iii) A definition of the source's operating day for purposes of
determining daily average values of monitored parameters. The definition
shall specify the times at which an operating day begins and ends.
    (4) Results of any continuous monitoring system performance
evaluations shall be included in the Notification of Compliance Status
report.
    (5) For emission points included in an emissions average, the
Notification of Compliance Status report shall include the values of the
parameters needed for input to the emission credit and debit equations
in Sec. 63.652(g) and (h), calculated or measured according to the
procedures in Sec. 63.652(g) and (h), and the resulting credits and
debits for the first quarter of the year. The first quarter begins on
the compliance date specified in Sec. 63.640.
    (6) Notification of Compliance Status reports required by
Sec. 63.640(l)(3) and for storage vessels subject to the compliance
dates specified in Sec. 63.640(h)(4) shall be submitted no later than 60
days after the end of the 6-month period during which the change or
addition was made that resulted in the Group 1 emission point or the
existing Group 1 storage vessel was brought into compliance, and may be
combined with the periodic report. Six-month periods shall be the same
6-month periods specified in paragraph (g) of this section. The
Notification of Compliance Status report shall include the information
specified in paragraphs (f)(1) through (f)(5) of this section. This
information may be submitted in an operating permit application, in an
amendment to an operating permit application, in a separate submittal,
as part of the periodic report, or in any combination of these four. If
the required information has been submitted before the date 60 days
after the end of the 6-month period in which the addition of the Group 1
emission point took place, a separate Notification of Compliance Status
report is not required within 60 days after the end of the 6-month
period. If an owner or operator submits the information specified in
paragraphs (f)(1) through (f)(5) of this section at different times,
and/or in different submittals, later submittals may refer to earlier
submittals instead of duplicating and resubmitting the previously
submitted information.
    (g) The owner or operator of a source subject to this subpart shall
submit Periodic Reports no later than 60 days after the end of each 6-
month period when any of the compliance exceptions specified in
paragraphs (g)(1) through (6) of this section or paragraph (g)(9) of
this section occur. The first 6-month period shall begin on the date the
Notification of Compliance Status report is required to be submitted. A
Periodic Report is not required if none of the compliance exceptions
identified in paragraph (g)(1) through (6) of this section or paragraph
(g)(9) of this section occurred during the 6-month period unless
emissions averaging is utilized. Quarterly reports must be submitted for
emission points included in emission averages, as provided in paragraph
(g)(8) of this section. An owner or operator may submit reports required
by other regulations in place of or as part of the Periodic Report
required by this paragraph if the reports contain the information
required by paragraphs (g)(1) through (9) of this section.
    (1) For storage vessels, Periodic Reports shall include the
information specified for Periodic Reports in paragraph (g)(2) through
(g)(5) of this section except that information related to gaskets,
slotted membranes, and sleeve seals is not required for storage vessels
that are part of an existing source.
    (2) An owner or operator who elects to comply with Sec. 63.646 by
using a fixed roof and an internal floating roof or by using an external
floating roof converted to an internal floating roof shall submit the
results of each inspection conducted in accordance with Sec. 63.120(a)
of subpart G of this part in which a failure is detected in the control
equipment.
    (i) For vessels for which annual inspections are required under
Sec. 63.120(a)(2)(i) or (a)(3)(ii) of subpart G of this part, the
specifications and requirements listed in paragraphs

[[Page 85]]

(g)(2)(i)(A) through (g)(2)(i)(C) of this section apply.
    (A) A failure is defined as any time in which the internal floating
roof is not resting on the surface of the liquid inside the storage
vessel and is not resting on the leg supports; or there is liquid on the
floating roof; or the seal is detached from the internal floating roof;
or there are holes, tears, or other openings in the seal or seal fabric;
or there are visible gaps between the seal and the wall of the storage
vessel.
    (B) Except as provided in paragraph (g)(2)(i)(C) of this section,
each Periodic Report shall include the date of the inspection,
identification of each storage vessel in which a failure was detected,
and a description of the failure. The Periodic Report shall also
describe the nature of and date the repair was made or the date the
storage vessel was emptied.
    (C) If an extension is utilized in accordance with Sec. 63.120(a)(4)
of subpart G of this part, the owner or operator shall, in the next
Periodic Report, identify the vessel; include the documentation
specified in Sec. 63.120(a)(4) of subpart G of this part; and describe
the date the storage vessel was emptied and the nature of and date the
repair was made.
    (ii) For vessels for which inspections are required under
Sec. 63.120(a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of subpart G of this
part (i.e., internal inspections), the specifications and requirements
listed in paragraphs (g)(2)(ii)(A) and (g)(2)(ii)(B) of this section
apply.
    (A) A failure is defined as any time in which the internal floating
roof has defects; or the primary seal has holes, tears, or other
openings in the seal or the seal fabric; or the secondary seal (if one
has been installed) has holes, tears, or other openings in the seal or
the seal fabric; or, for a storage vessel that is part of a new source,
the gaskets no longer close off the liquid surface from the atmosphere;
or, for a storage vessel that is part of a new source, the slotted
membrane has more than a 10 percent open area.
    (B) Each Periodic Report shall include the date of the inspection,
identification of each storage vessel in which a failure was detected,
and a description of the failure. The Periodic Report shall also
describe the nature of and date the repair was made.
    (3) An owner or operator who elects to comply with Sec. 63.646 by
using an external floating roof shall meet the periodic reporting
requirements specified in paragraphs (g)(3)(i) through (g)(3)(iii) of
this section.
    (i) The owner or operator shall submit, as part of the Periodic
Report, documentation of the results of each seal gap measurement made
in accordance with Sec. 63.120(b) of subpart G of this part in which the
seal and seal gap requirements of Sec. 63.120(b)(3), (b)(4), (b)(5), or
(b)(6) of subpart G of this part are not met. This documentation shall
include the information specified in paragraphs (g)(3)(i)(A) through
(g)(3)(i)(D) of this section.
    (A) The date of the seal gap measurement.
    (B) The raw data obtained in the seal gap measurement and the
calculations described in Sec. 63.120(b)(3) and (b)(4) of subpart G of
this part.
    (C) A description of any seal condition specified in
Sec. 63.120(b)(5) or (b)(6) of subpart G of this part that is not met.
    (D) A description of the nature of and date the repair was made, or
the date the storage vessel was emptied.
    (ii) If an extension is utilized in accordance with
Sec. 63.120(b)(7)(ii) or (b)(8) of subpart G of this part, the owner or
operator shall, in the next Periodic Report, identify the vessel;
include the documentation specified in Sec. 63.120(b)(7)(ii) or (b)(8)
of subpart G of this part, as applicable; and describe the date the
vessel was emptied and the nature of and date the repair was made.
    (iii) The owner or operator shall submit, as part of the Periodic
Report, documentation of any failures that are identified during visual
inspections required by Sec. 63.120(b)(10) of subpart G of this part.
This documentation shall meet the specifications and requirements in
paragraphs (g)(3)(iii)(A) and (g)(3)(iii)(B) of this section.
    (A) A failure is defined as any time in which the external floating
roof has defects; or the primary seal has holes or other openings in the
seal or the seal fabric; or the secondary seal has holes, tears, or
other openings in the seal or the seal fabric; or, for a storage vessel

[[Page 86]]

that is part of a new source, the gaskets no longer close off the liquid
surface from the atmosphere; or, for a storage vessel that is part of a
new source, the slotted membrane has more than 10 percent open area.
    (B) Each Periodic Report shall include the date of the inspection,
identification of each storage vessel in which a failure was detected,
and a description of the failure. The Periodic Report shall also
describe the nature of and date the repair was made.
    (4) An owner or operator who elects to comply with Sec. 63.646 by
using an external floating roof converted to an internal floating roof
shall comply with the periodic reporting requirements of paragraph
(g)(2) of this section.
    (5) An owner or operator who elects to comply with Sec. 63.646 by
installing a closed vent system and control device shall submit, as part
of the next Periodic Report, the information specified in paragraphs
(g)(5)(i) through (g)(5)(iii) of this section.
    (i) The Periodic Report shall include the information specified in
paragraphs (g)(5)(i)(A) and (g)(5)(i)(B) of this section for those
planned routine maintenance operations that would require the control
device not to meet the requirements of Sec. 63.119(e)(1) or (e)(2) of
subpart G of this part, as applicable.
    (A) A description of the planned routine maintenance that is
anticipated to be performed for the control device during the next 6
months. This description shall include the type of maintenance
necessary, planned frequency of maintenance, and lengths of maintenance
periods.
    (B) A description of the planned routine maintenance that was
performed for the control device during the previous 6 months. This
description shall include the type of maintenance performed and the
total number of hours during those 6 months that the control device did
not meet the requirements of Sec. 63.119 (e)(1) or (e)(2) of subpart G
of this part, as applicable, due to planned routine maintenance.
    (ii) If a control device other than a flare is used, the Periodic
Report shall describe each occurrence when the monitored parameters were
outside of the parameter ranges documented in the Notification of
Compliance Status report. The description shall include: Identification
of the control device for which the measured parameters were outside of
the established ranges, and causes for the measured parameters to be
outside of the established ranges.
    (iii) If a flare is used, the Periodic Report shall describe each
occurrence when the flare does not meet the general control device
requirements specified in Sec. 63.11(b) of subpart A of this part and
shall include: Identification of the flare that does not meet the
general requirements specified in Sec. 63.11(b) of subpart A of this
part, and reasons the flare did not meet the general requirements
specified in Sec. 63.11(b) of subpart A of this part.
    (6) For miscellaneous process vents for which continuous parameter
monitors are required by this subpart, periods of excess emissions shall
be identified in the Periodic Reports and shall be used to determine
compliance with the emission standards.
    (i) Period of excess emission means any of the following conditions:
    (A) An operating day when the daily average value of a monitored
parameter, except presence of a flare pilot flame, is outside the range
specified in the Notification of Compliance Status report. Monitoring
data recorded during periods of monitoring system breakdown, repairs,
calibration checks and zero (low-level) and high-level adjustments shall
not be used in computing daily average values of monitored parameters.
    (B) An operating day when all pilot flames of a flare are absent.
    (C) An operating day when monitoring data required to be recorded in
paragraphs (i)(3) (i) and (ii) of this section are available for less
than 75 percent of the operating hours.
    (D) For data compression systems approved under paragraph
(h)(5)(iii) of this section, an operating day when the monitor operated
for less than 75 percent of the operating hours or a day when less than
18 monitoring values were recorded.
    (ii) For miscellaneous process vents, excess emissions shall be
reported for the operating parameters specified in table 10 of this
subpart unless other

[[Page 87]]

site-specific parameter(s) have been approved by the operating permit
authority.
    (iii) Periods of startup and shutdown that meet the definition of
Sec. 63.641, and malfunction that meet the definition in Sec. 63.2 and
periods of performance testing and monitoring system calibration shall
not be considered periods of excess emissions. Malfunctions may include
process unit, control device, or monitoring system malfunctions.
    (7) If a performance test for determination of compliance for a new
emission point subject to this subpart or for an emission point that has
changed from Group 2 to Group 1 is conducted during the period covered
by a Periodic Report, the results of the performance test shall be
included in the Periodic Report.
    (i) Results of the performance test shall include the percentage of
emissions reduction or outlet pollutant concentration reduction
(whichever is needed to determine compliance) and the values of the
monitored operating parameters.
    (ii) The complete test report shall be maintained onsite.
    (8) The owner or operator of a source shall submit quarterly reports
for all emission points included in an emissions average.
    (i) The quarterly reports shall be submitted no later than 60
calendar days after the end of each quarter. The first report shall be
submitted with the Notification of Compliance Status report no later
than 150 days after the compliance date specified in Sec. 63.640.
    (ii) The quarterly reports shall include:
    (A) The information specified in this paragraph and in paragraphs
(g)(2) through (g)(7) of this section for all storage vessels and
miscellaneous process vents included in an emissions average;
    (B) The information required to be reported by Sec. 63.428 (h)(1),
(h)(2), and (h)(3) for each gasoline loading rack included in an
emissions average, unless this information has already been submitted in
a separate report;
    (C) The information required to be reported by Sec. 63.567(e)(4) and
(j)(3) of subpart Y for each marine tank vessel loading operation
included in an emissions average, unless the information has already
been submitted in a separate report;
    (D) Any information pertaining to each wastewater stream included in
an emissions average that the source is required to report under the
Implementation Plan for the source;
    (E) The credits and debits calculated each month during the quarter;
    (F) A demonstration that debits calculated for the quarter are not
more than 1.30 times the credits calculated for the quarter, as required
under Secs. 63.652(e)(4);
    (G) The values of any inputs to the credit and debit equations in
Sec. 63.652 (g) and (h) that change from month to month during the
quarter or that have changed since the previous quarter; and
    (H) Any other information the source is required to report under the
Implementation Plan for the source.
    (iii) Every fourth quarterly report shall include the following:
    (A) A demonstration that annual credits are greater than or equal to
annual debits as required by Sec. 63.652(e)(3); and
    (B) A certification of compliance with all the emissions averaging
provisions in Sec. 63.652 of this subpart.
    (9) For heat exchange systems, Periodic Reports must include the
following information:
    (i) The number of heat exchange systems at the plant site subject to
the monitoring requirements in Sec. 63.654.
    (ii) The number of heat exchange systems at the plant site found to
be leaking.
    (iii) For each monitoring location where the total strippable
hydrocarbon concentration was determined to be equal to or greater than
the applicable leak definitions specified in Sec. 63.654(c)(6),
identification of the monitoring location (e.g., unique monitoring
location or heat exchange system ID number), the measured total
strippable hydrocarbon concentration, the date the leak was first
identified, and, if applicable, the date the source of the leak was
identified;
    (iv) For leaks that were repaired during the reporting period
(including delayed repairs), identification of the monitoring location
associated with

[[Page 88]]

the repaired leak, the total strippable hydrocarbon concentration
measured during re-monitoring to verify repair, and the re-monitoring
date (i.e., the effective date of repair); and
    (v) For each delayed repair, identification of the monitoring
location associated with the leak for which repair is delayed, the date
when the delay of repair began, the date the repair is expected to be
completed (if the leak is not repaired during the reporting period), the
total strippable hydrocarbon concentration and date of each monitoring
event conducted on the delayed repair during the reporting period, and
an estimate of the potential strippable hydrocarbon emissions over the
reporting period associated with the delayed repair.
    (h) Other reports shall be submitted as specified in subpart A of
this part and as follows:
    (1) Reports of startup, shutdown, and malfunction required by
Sec. 63.10(d)(5). Records and reports of startup, shutdown, and
malfunction are not required if they pertain solely to Group 2 emission
points, as defined in Sec. 63.641, that are not included in an emissions
average. For purposes of this paragraph, startup and shutdown shall have
the meaning defined in Sec. 63.641, and malfunction shall have the
meaning defined in Sec. 63.2; and
    (2) For storage vessels, notifications of inspections as specified
in paragraphs (h)(2)(i) and (h)(2)(ii) of this section;
    (i) In order to afford the Administrator the opportunity to have an
observer present, the owner or operator shall notify the Administrator
of the refilling of each Group 1 storage vessel that has been emptied
and degassed.
    (A) Except as provided in paragraphs (h)(2)(i) (B) and (C) of this
section, the owner or operator shall notify the Administrator in writing
at least 30 calendar days prior to filling or refilling of each storage
vessel with organic HAP's to afford the Administrator the opportunity to
inspect the storage vessel prior to refilling.
    (B) Except as provided in paragraph (h)(2)(i)(C) of this section, if
the internal inspection required by Sec. 63.120(a)(2),
Sec. 63.120(a)(3), or Sec. 63.120(b)(10) of subpart G of this part is
not planned and the owner or operator could not have known about the
inspection 30 calendar days in advance of refilling the vessel with
organic HAP's, the owner or operator shall notify the Administrator at
least 7 calendar days prior to refilling of the storage vessel.
Notification may be made by telephone and immediately followed by
written documentation demonstrating why the inspection was unplanned.
This notification, including the written documentation, may also be made
in writing and sent so that it is received by the Administrator at least
7 calendar days prior to the refilling.
    (C) The State or local permitting authority can waive the
notification requirements of paragraphs (h)(2)(i)(A) and/or (h)(2)(i)(B)
of this section for all or some storage vessels at petroleum refineries
subject to this subpart. The State or local permitting authority may
also grant permission to refill storage vessels sooner than 30 days
after submitting the notification required by paragraph (h)(2)(i)(A) of
this section, or sooner than 7 days after submitting the notification
required by paragraph (h)(2)(i)(B) of this section for all storage
vessels, or for individual storage vessels on a case-by-case basis.
    (ii) In order to afford the Administrator the opportunity to have an
observer present, the owner or operator of a storage vessel equipped
with an external floating roof shall notify the Administrator of any
seal gap measurements. The notification shall be made in writing at
least 30 calendar days in advance of any gap measurements required by
Sec. 63.120 (b)(1) or (b)(2) of subpart G of this part. The State or
local permitting authority can waive this notification requirement for
all or some storage vessels subject to the rule or can allow less than
30 calendar days' notice.
    (3) For owners or operators of sources required to request approval
for a nominal control efficiency for use in calculating credits for an
emissions average, the information specified in Sec. 63.652(h).
    (4) The owner or operator who requests approval to monitor a
different parameter than those listed in Sec. 63.644 for miscellaneous
process vents or who is required by Sec. 63.653(a)(8) to establish

[[Page 89]]

a site-specific monitoring parameter for a point in an emissions average
shall submit the information specified in paragraphs (h)(4)(i) through
(h)(4)(iii) of this section. For new or reconstructed sources, the
information shall be submitted with the application for approval of
construction or reconstruction required by Sec. 63.5(d) of subpart A and
for existing sources, and the information shall be submitted no later
than 18 months prior to the compliance date. The information may be
submitted in an operating permit application, in an amendment to an
operating permit application, or in a separate submittal.
    (i) A description of the parameter(s) to be monitored to determine
whether excess emissions occur and an explanation of the criteria used
to select the parameter(s).
    (ii) A description of the methods and procedures that will be used
to demonstrate that the parameter can be used to determine excess
emissions and the schedule for this demonstration. The owner or operator
must certify that they will establish a range for the monitored
parameter as part of the Notification of Compliance Status report
required in paragraphs (e) and (f) of this section.
    (iii) The frequency and content of monitoring, recording, and
reporting if: monitoring and recording are not continuous; or if periods
of excess emissions, as defined in paragraph (g)(6) of this section,
will not be identified in Periodic Reports required under paragraphs (e)
and (g) of this section. The rationale for the proposed monitoring,
recording, and reporting system shall be included.
    (5) An owner or operator may request approval to use alternatives to
the continuous operating parameter monitoring and recordkeeping
provisions listed in paragraph (i) of this section.
    (i) Requests shall be submitted with the Application for Approval of
Construction or Reconstruction for new sources and no later than 18
months prior to the compliance date for existing sources. The
information may be submitted in an operating permit application, in an
amendment to an operating permit application, or in a separate
submittal. Requests shall contain the information specified in
paragraphs (h)(5)(iii) through (h)(5)(iv) of this section, as
applicable.
    (ii) The provisions in Sec. 63.8(f)(5)(i) of subpart A of this part
shall govern the review and approval of requests.
    (iii) An owner or operator may request approval to use an automated
data compression recording system that does not record monitored
operating parameter values at a set frequency (for example, once every
hour) but records all values that meet set criteria for variation from
previously recorded values.
    (A) The requested system shall be designed to:
    (1) Measure the operating parameter value at least once every hour.
    (2) Record at least 24 values each day during periods of operation.
    (3) Record the date and time when monitors are turned off or on.
    (4) Recognize unchanging data that may indicate the monitor is not
functioning properly, alert the operator, and record the incident.
    (5) Compute daily average values of the monitored operating
parameter based on recorded data.
    (B) The request shall contain a description of the monitoring system
and data compression recording system including the criteria used to
determine which monitored values are recorded and retained, the method
for calculating daily averages, and a demonstration that the system
meets all criteria of paragraph (h)(5)(iii)(A) of this section.
    (iv) An owner or operator may request approval to use other
alternative monitoring systems according to the procedures specified in
Sec. 63.8(f) of subpart A of this part.
    (6) The owner or operator shall submit the information specified in
paragraphs (h)(6)(i) through (h)(6)(iii) of this section, as applicable.
For existing sources, this information shall be submitted in the initial
Notification of Compliance Status report. For a new source, the
information shall be submitted with the application for approval of
construction or reconstruction required by Sec. 63.5(d) of subpart A of
this part. The information may be submitted in an operating permit
application, in an amendment to an operating

[[Page 90]]

permit application, or in a separate submittal.
    (i) The determination of applicability of this subpart to petroleum
refining process units that are designed and operated as flexible
operation units.
    (ii) The determination of applicability of this subpart to any
storage vessel for which use varies from year to year.
    (iii) The determination of applicability of this subpart to any
distillation unit for which use varies from year to year.
    (7) The owner or operator of a heat exchange system at an existing
source must notify the Administrator at least 30 calendar days prior to
changing from one of the monitoring options specified in
Sec. 63.654(c)(4) to the other.
    (i) Recordkeeping. (1) Each owner or operator subject to the storage
vessel provisions in Sec. 63.646 shall keep the records specified in
Sec. 63.123 of subpart G of this part except as specified in paragraphs
(i)(1)(i) through (i)(1)(iv) of this section.
    (i) Records related to gaskets, slotted membranes, and sleeve seals
are not required for storage vessels within existing sources.
    (ii) All references to Sec. 63.122 in Sec. 63.123 of subpart G of
this part shall be replaced with Sec. 63.655(e),
    (iii) All references to Sec. 63.150 in Sec. 63.123 of subpart G of
this part shall be replaced with Sec. 63.652.
    (iv) If a storage vessel is determined to be Group 2 because the
weight percent total organic HAP of the stored liquid is less than or
equal to 4 percent for existing sources or 2 percent for new sources, a
record of any data, assumptions, and procedures used to make this
determination shall be retained.
    (2) Each owner or operator required to report the results of
performance tests under paragraphs (f) and (g)(7) of this section shall
retain a record of all reported results as well as a complete test
report, as described in paragraph (f)(2)(ii) of this section for each
emission point tested.
    (3) Each owner or operator required to continuously monitor
operating parameters under Sec. 63.644 for miscellaneous process vents
or under Secs. 63.652 and 63.653 for emission points in an emissions
average shall keep the records specified in paragraphs (i)(3)(i) through
(i)(3)(v) of this section unless an alternative recordkeeping system has
been requested and approved under paragraph (h) of this section.
    (i) The monitoring system shall measure data values at least once
every hour.
    (ii) The owner or operator shall record either:
    (A) Each measured data value; or
    (B) Block average values for 1 hour or shorter periods calculated
from all measured data values during each period. If values are measured
more frequently than once per minute, a single value for each minute may
be used to calculate the hourly (or shorter period) block average
instead of all measured values.
    (iii) Daily average values of each continuously monitored parameter
shall be calculated for each operating day and retained for 5 years
except as specified in paragraph (i)(3)(iv) of this section.
    (A) The daily average shall be calculated as the average of all
values for a monitored parameter recorded during the operating day. The
average shall cover a 24-hour period if operation is continuous, or the
number of hours of operation per day if operation is not continuous.
    (B) The operating day shall be the period defined in the
Notification of Compliance Status report. It may be from midnight to
midnight or another daily period.
    (iv) If all recorded values for a monitored parameter during an
operating day are within the range established in the Notification of
Compliance Status report, the owner or operator may record that all
values were within the range and retain this record for 5 years rather
than calculating and recording a daily average for that day. For these
days, the records required in paragraph (i)(3)(ii) of this section shall
also be retained for 5 years.
    (v) Monitoring data recorded during periods of monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in any average computed under
this subpart. Records shall be kept of the times and

[[Page 91]]

durations of all such periods and any other periods during process or
control device operation when monitors are not operating.
    (4) The owner or operator of a heat exchange system subject to this
subpart shall comply with the recordkeeping requirements in paragraphs
(i)(4)(i) through (v) of this section and retain these records for 5
years.
    (i) Identification of all petroleum refinery process unit heat
exchangers at the facility and the average annual HAP concentration of
process fluid or intervening cooling fluid estimated when developing the
Notification of Compliance Status report.
    (ii) Identification of all heat exchange systems subject to the
monitoring requirements in Sec. 63.654 and identification of all heat
exchange systems that are exempt from the monitoring requirements
according to the provisions in Sec. 63.654(b). For each heat exchange
system that is subject to the monitoring requirements in Sec. 63.654,
this must include identification of all heat exchangers within each heat
exchange system, and, for closed-loop recirculation systems, the cooling
tower included in each heat exchange system.
    (iii) Results of the following monitoring data for each required
monitoring event:
    (A) Date/time of event.
    (B) Barometric pressure.
    (C) El Paso air stripping apparatus water flow milliliter/minute
(ml/min) and air flow, ml/min, and air temperature,  deg.Celsius.
    (D) FID reading (ppmv).
    (E) Length of sampling period.
    (F) Sample volume.
    (G) Calibration information identified in Section 5.4.2 of the ``Air
Stripping Method (Modified El Paso Method) for Determination of Volatile
Organic Compound Emissions from Water Sources'' Revision Number One,
dated January 2003, Sampling Procedures Manual, Appendix P: Cooling
Tower Monitoring, prepared by Texas Commission on Environmental Quality,
January 31, 2003 (incorporated by reference--see Sec. 63.14).
    (iv) The date when a leak was identified, the date the source of the
leak was identified, and the date when the heat exchanger was repaired
or taken out of service.
    (v) If a repair is delayed, the reason for the delay, the schedule
for completing the repair, the heat exchange exit line flow or cooling
tower return line average flow rate at the monitoring location (in
gallons/minute), and the estimate of potential strippable hydrocarbon
emissions for each required monitoring interval during the delay of
repair.
    (5) All other information required to be reported under paragraphs
(a) through (h) of this section shall be retained for 5 years.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, June 12, 1996;
63 FR 44141, Aug. 18, 1998. Redesignated and amended at 74 FR 55686,
55687, Oct. 28, 2009; 75 FR 37731, June 30, 2010; 78 FR 37148, June 20,
2013]



Sec. 63.656  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 Secs. 63.640,
63.642(g) through (l), 63.643, 63.646 through 63.652, and 63.654. Where
these standards reference another subpart, the cited provisions will be
delegated according to the delegation provisions of the referenced
subpart. Where these standards

[[Page 92]]

reference another subpart and modify the requirements, the requirements
shall be modified as described in this subpart. Delegation of the
modified requirements will also occur according to the delegation
provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.

[68 FR 37351, June 23, 2003. Redesignated and amended at 74 FR 55686,
55688, Oct. 28, 2009]



Secs. 63.657-63.679  [Reserved]



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

                    Table 1--Hazardous Air Pollutants
------------------------------------------------------------------------
                       Chemical name                          CAS No.\a\
------------------------------------------------------------------------
Benzene....................................................        71432
Biphenyl...................................................        92524
Butadiene (1,3)............................................       106990
Carbon disulfide...........................................        75150
Carbonyl sulfide...........................................       463581
Cresol (mixed isomers \b\).................................      1319773
Cresol (m-)................................................       108394
Cresol (o-)................................................        95487
Cresol (p-)................................................       106445
Cumene.....................................................        98828
Dibromoethane (1,2) (ethylene dibromide)...................       106934
Dichloroethane (1,2).......................................       107062
Diethanolamine.............................................       111422
Ethylbenzene...............................................       100414
Ethylene glycol............................................       107211
Hexane.....................................................       110543
Methanol...................................................        67561
Methyl isobutyl ketone (hexone)............................       108101
Methyl tert butyl ether....................................      1634044
Naphthalene................................................        91203
Phenol.....................................................       108952
Toluene....................................................       108883
Trimethylpentane (2,2,4)...................................       540841
Xylene (mixed isomers \b\).................................      1330207
xylene (m-)................................................       108383
xylene (o-)................................................        95476
xylene (p-)................................................       106423
------------------------------------------------------------------------
\a\ CAS number = Chemical Abstract Service registry number assigned to
  specific compounds, isomers, or mixtures of compounds.
\b\ Isomer means all structural arrangements for the same number of
  atoms of each element and does not mean salts, esters, or derivatives.


             Table 2--Leak Definitions for Pumps and Valves
------------------------------------------------------------------------
                                                                 Leak
                                                              definition
              Standard \a\                      Phase         (parts per
                                                               million)
------------------------------------------------------------------------
Sec. 63.163 (pumps)....................  I                       10,000
                                          II                       5,000
                                          III                      2,000
Sec. 63.168 (valves)...................  I                       10,000
                                          II                       1,000
                                          III                     1,000
------------------------------------------------------------------------
\a\ Subpart H of this part.


  Table 3--Equipment Leak Recordkeeping and Reporting Requirements for
  Sources Complying With Sec. 63.648 of Subpart CC by Compliance With
                       Subpart H of this Part \a\
------------------------------------------------------------------------
    Reference (section of
   subpart H of this part)         Description             Comment
------------------------------------------------------------------------
63.181(a)...................  Recordkeeping system  Except for Secs.
                               requirements.         63.181(b)(2)(iii)
                                                     and 63.181(b)(9).
63.181(b)...................  Records required for  Except for Secs.
                               process unit          63.181(b)(2)(iii)
                               equipment.            and 63.181(b)(9).
63.181(c)...................  Visual inspection     Except for Secs.
                               documentation.        63.181(b)(2)(iii)
                                                     and 63.181(b)(9).
63.181(d)...................  Leak detection        Except for Sec.
                               record requirements.  63.181(d)(8).
63.181(e)...................  Compliance            This subsection does
                               requirements for      not apply to
                               pressure tests for    subpart CC.
                               batch product
                               process equipment
                               trains.
63.181(f)...................  Compressor            ....................
                               compliance test
                               records.
63.181(g)...................  Closed-vent systems   ....................
                               and control device
                               record
                               requirements.
63.181(h)...................  Process unit quality  ....................
                               improvement program
                               records.
63.181(i)...................  Heavy liquid service  ....................
                               determination
                               record.
63.181(j)...................  Equipment             ....................
                               identification
                               record.
63.181(k)...................  Enclosed-vented       ....................
                               process unit
                               emission limitation
                               record
                               requirements.
63.182(a)...................  Reports.
63.182(b)...................  Initial notification  Not required.
                               report
                               requirements.

[[Page 93]]


63.182(c)...................  Notification of       Except in Sec.
                               compliance status     63.182(c); change
                               report.               ``within 90 days of
                                                     the compliance
                                                     dates'' to ``within
                                                     150 days of the
                                                     compliance dates'';
                                                     except in Secs.
                                                     63.182 (c)(2) and
                                                     (c)(4).
63.182(d)...................  Periodic report.....  Except for Secs.
                                                     63.182 (d)(2)(vii),
                                                     (d)(2)(viii), and
                                                     (d)(3).
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.


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


  Table 5--Marine Vessel Loading Operations Recordkeeping and Reporting
                            Requirements \a\
------------------------------------------------------------------------
    Reference (section of
         subpart Y)                Description             Comment
------------------------------------------------------------------------
63.562(e)(2)................  Operation and
                               maintenance plan
                               for control
                               equipment and
                               monitoring
                               equipment.
63.565(a)...................  Performance test/     The information
                               site test plan.       required under this
                                                     paragraph is to be
                                                     submitted with the
                                                     Notification of
                                                     Compliance Status
                                                     report required
                                                     under 40 CFR part
                                                     63, subpart CC.
63.565(b)...................  Performance test
                               data requirements.
63.567(a)...................  General Provisions
                               (subpart A)
                               applicability.
63.567(c)...................  Request for
                               extension of
                               compliance.
63.567(d)...................  Flare recordkeeping
                               requirements.
63.567(e)...................  Summary report and    The information
                               excess emissions      required under this
                               and monitoring        paragraph is to be
                               system performance    submitted with the
                               report requirements.  Periodic Report
                                                     required under 40
                                                     CFR part 63,
                                                     subpart CC.
63.567(f)...................  Vapor collection
                               system engineering
                               report.
63.567(g)...................  Vent system valve
                               bypass
                               recordkeeping
                               requirements.
63.567(h)...................  Marine vessel vapor-
                               tightness
                               documentation.
63.567(i)...................  Documentation file
                               maintenance.
63.567(j)...................  Emission estimation
                               reporting and
                               recordkeeping
                               procedures.
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.


                           Table 6--General Provisions Applicability to Subpart CC \a\
----------------------------------------------------------------------------------------------------------------
                     Reference                           Applies to subpart CC                 Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1).........................................  Yes..........................
63.1(a)(2).........................................  Yes..........................
63.1(a)(3).........................................  Yes..........................
63.1(a)(4).........................................  Yes..........................
63.1(a)(5).........................................  No...........................  Reserved.

[[Page 94]]


63.1(a)(6).........................................  Yes..........................  Except the correct mail drop
                                                                                     (MD) number is C404-04.
63.1(a)(7)-63.1(a)(9)..............................  No...........................  Reserved.
63.1(a)(10)........................................  Yes..........................
63.1(a)(11)........................................  Yes..........................
63.1(a)(12)........................................  Yes..........................
63.1(b)(1).........................................  Yes..........................
63.1(b)(2).........................................  No...........................  Reserved.
63.1(b)(3).........................................  No...........................
63.1(c)(1).........................................  Yes..........................
63.1(c)(2).........................................  No...........................  Area sources are not subject
                                                                                     to subpart CC.
63.1(c)(3)-63.1(c)(4)..............................  No...........................  Reserved.
63.1(c)(5).........................................  Yes..........................  Except that sources are not
                                                                                     required to submit
                                                                                     notifications overridden by
                                                                                     this table.
63.1(d)............................................  No...........................  Reserved.
63.1(e)............................................  No...........................  No CAA section 112(j)
                                                                                     standard applies to the
                                                                                     affected sources under
                                                                                     subpart CC.
63.2...............................................  Yes..........................  Sec. 63.641 of subpart CC
                                                                                     specifies that if the same
                                                                                     term is defined in subparts
                                                                                     A and CC, it shall have the
                                                                                     meaning given in subpart
                                                                                     CC.
63.3...............................................  Yes..........................
63.4(a)(1)-63.4(a)(2)..............................  Yes..........................
63.4(a)(3)-63.4(a)(5)..............................  No...........................  Reserved.
63.4(b)............................................  Yes..........................
63.4(c)............................................  Yes..........................
63.5(a)............................................  Yes..........................
63.5(b)(1).........................................  Yes..........................
63.5(b)(2).........................................  No...........................  Reserved.
63.5(b)(3).........................................  Yes..........................
63.5(b)(4).........................................  Yes..........................  Except the cross-reference
                                                                                     to Sec. 63.9(b) is changed
                                                                                     to Sec. 63.9(b)(4) and
                                                                                     (5). Subpart CC overrides
                                                                                     Sec. 63.9 (b)(2).
63.5(b)(5).........................................  No...........................  Reserved.
63.5(b)(6).........................................  Yes..........................
63.5(c)............................................  No...........................  Reserved.
63.5(d)(1)(i)......................................  Yes..........................  Except that the application
                                                                                     shall be submitted as soon
                                                                                     as practicable before
                                                                                     startup, but no later than
                                                                                     90 days after the
                                                                                     promulgation date of
                                                                                     subpart CC if the
                                                                                     construction or
                                                                                     reconstruction had
                                                                                     commenced and initial
                                                                                     startup had not occurred
                                                                                     before the promulgation of
                                                                                     subpart CC.
63.5(d)(1)(ii).....................................  Yes..........................  Except that for affected
                                                                                     sources subject to subpart
                                                                                     CC, emission estimates
                                                                                     specified in Sec.
                                                                                     63.5(d)(1)(ii)(H) are not
                                                                                     required.
63.5(d)(1)(iii)....................................  No...........................  Subpart CC Sec. 63.655(f)
                                                                                     specifies Notification of
                                                                                     Compliance Status report
                                                                                     requirements.
63.5(d)(2).........................................  Yes..........................
63.5(d)(3).........................................  Yes..........................
63.5(d)(4).........................................  Yes..........................
63.5(e)............................................  Yes..........................
63.5(f)............................................  Yes..........................
63.6(a)............................................  Yes..........................
63.6(b)(1)-63.6(b)(5)..............................  No...........................  Subpart CC specifies
                                                                                     compliance dates and
                                                                                     notifications for sources
                                                                                     subject to subpart CC.
63.6(b)(6).........................................  No...........................  Reserved.
63.6(b)(7).........................................  Yes..........................
63.6(c)(1)-63.6(c)(2)..............................  No...........................  Sec. 63.640 of subpart CC
                                                                                     specifies the compliance
                                                                                     date.
63.6(c)(3)-63.6(c)(4)..............................  No...........................  Reserved.
63.6(c)(5).........................................  Yes..........................
63.6(d)............................................  No...........................  Reserved.
63.6(e)(1).........................................  Yes..........................  Except the startup,
                                                                                     shutdown, or malfunction
                                                                                     plan does not apply to
                                                                                     Group 2 emission points
                                                                                     that are not part of an
                                                                                     emissions averaging
                                                                                     group.\b\
63.6(e)(2).........................................  No...........................  Reserved.
63.6(e)(3)(i)......................................  Yes..........................  Except the startup,
                                                                                     shutdown, or malfunction
                                                                                     plan does not apply to
                                                                                     Group 2 emission points
                                                                                     that are not part of an
                                                                                     emissions averaging
                                                                                     group.\b\
63.6(e)(3)(ii).....................................  No...........................  Reserved.

[[Page 95]]


63.6(e)(3)(iii)-63.6(e)(3)(ix).....................  Yes..........................  Except the reports specified
                                                                                     in Sec. 63.6(e)(3)(iv) do
                                                                                     not need to be reported
                                                                                     within 2 and 7 days of
                                                                                     commencing and completing
                                                                                     the action, respectively,
                                                                                     but must be included in the
                                                                                     next periodic report.
63.6 (f)(1)........................................  Yes..........................  Except for the heat exchange
                                                                                     system standards, which
                                                                                     apply at all times.
63.6(f)(2) and (3).................................  Yes..........................  Except the phrase ``as
                                                                                     specified in Sec.
                                                                                     63.7(c)'' in Sec.
                                                                                     63.6(f)(2)(iii)(D) does not
                                                                                     apply because subpart CC
                                                                                     does not require a site-
                                                                                     specific test plan.
63.6(g)............................................  Yes..........................
63.6(h)(1) and 63.6(h)(2)..........................  Yes..........................  Except Sec. 63.6(h)(2)(ii),
                                                                                     which is reserved.
63.6(h)(3).........................................  No...........................  Reserved.
63.6(h)(4).........................................  No...........................  Notification of visible
                                                                                     emission test not required
                                                                                     in subpart CC.
63.6(h)(5).........................................  No...........................  Visible emission
                                                                                     requirements and timing is
                                                                                     specified in Sec.
                                                                                     63.645(i) of subpart CC.
63.6(h)(6).........................................  Yes..........................
63.6(h)(7).........................................  No...........................  Subpart CC does not require
                                                                                     opacity standards.
63.6(h)(8).........................................  Yes..........................
63.6(h)(9).........................................  No...........................  Subpart CC does not require
                                                                                     opacity standards.
63.6(i)............................................  Yes..........................  Except for Sec.
                                                                                     63.6(i)(15), which is
                                                                                     reserved.
63.6(j)............................................  Yes..........................
63.7(a)(1).........................................  Yes..........................
63.7(a)(2).........................................  Yes..........................  Except test results must be
                                                                                     submitted in the
                                                                                     Notification of Compliance
                                                                                     Status report due 150 days
                                                                                     after compliance date, as
                                                                                     specified in Sec.
                                                                                     63.655(f) of subpart CC.
63.7(a)(3).........................................  Yes..........................
63.7(a)(4).........................................  Yes..........................
63.7(b)............................................  No...........................  Subpart CC requires
                                                                                     notification of performance
                                                                                     test at least 30 days
                                                                                     (rather than 60 days) prior
                                                                                     to the performance test.
63.7(c)............................................  No...........................  Subpart CC does not require
                                                                                     a site-specific test plan.
63.7(d)............................................  Yes..........................
63.7(e)(1).........................................  Yes..........................  Except the performance test
                                                                                     must be conducted at the
                                                                                     maximum representative
                                                                                     capacity as specified in
                                                                                     Sec. 63.642(d)(3) of
                                                                                     subpart CC.
63.7(e)(2)-63.7(e)(4)..............................  Yes..........................
63.7(f)............................................  No...........................  Subpart CC specifies
                                                                                     applicable methods and
                                                                                     provides alternatives
                                                                                     without additional
                                                                                     notification or approval.
63.7(g)............................................  No...........................  Performance test reporting
                                                                                     specified in Sec.
                                                                                     63.655(f).
63.7(h)(1).........................................  Yes..........................
63.7(h)(2).........................................  Yes..........................
63.7(h)(3).........................................  Yes..........................  Yes, except site-specific
                                                                                     test plans shall not be
                                                                                     required, and where Sec.
                                                                                     63.7(g)(3) specifies
                                                                                     submittal by the date the
                                                                                     site-specific test plan is
                                                                                     due, the date shall be 90
                                                                                     days prior to the
                                                                                     Notification of Compliance
                                                                                     Status report in Sec.
                                                                                     63.655(f).
63.7(h)(4)(i)......................................  Yes..........................
63.7(h)(4)(ii).....................................  No...........................  Site-specific test plans are
                                                                                     not required in subpart CC.
63.7(h)(4)(iii) and (iv)...........................  Yes..........................
63.7(h)(5).........................................  Yes..........................
63.8(a)............................................  Yes..........................  Except Sec. 63.8(a)(3),
                                                                                     which is reserved.
63.8(b)............................................  Yes..........................
63.8(c)(1).........................................  Yes..........................
63.8(c)(2).........................................  Yes..........................
63.8(c)(3).........................................  Yes..........................  Except that verification of
                                                                                     operational status shall,
                                                                                     at a minimum, include
                                                                                     completion of the
                                                                                     manufacturer's written
                                                                                     specifications or
                                                                                     recommendations for
                                                                                     installation, operation,
                                                                                     and calibration of the
                                                                                     system or other written
                                                                                     procedures that provide
                                                                                     adequate assurance that the
                                                                                     equipment would monitor
                                                                                     accurately.
63.8(c)(4).........................................  Yes..........................  Except subpart CC specifies
                                                                                     the monitoring cycle
                                                                                     frequency specified in Sec.
                                                                                      63.8(c)(4)(ii) is ``once
                                                                                     every hour'' rather than
                                                                                     ``for each successive 15-
                                                                                     minute period.''
63.8(c)(5)-63.8(c)(8)..............................  No...........................

[[Page 96]]


63.8(d)............................................  No...........................
63.8(e)............................................  No...........................  Subpart CC does not require
                                                                                     performance evaluations;
                                                                                     however, this shall not
                                                                                     abrogate the
                                                                                     Administrator's authority
                                                                                     to require performance
                                                                                     evaluation under section
                                                                                     114 of the Clean Air Act.
63.8(f)(1).........................................  Yes..........................
63.8(f)(2).........................................  Yes..........................
63.8(f)(3).........................................  Yes..........................
63.8(f)(4)(i)......................................  No...........................  Timeframe for submitting
                                                                                     request is specified in
                                                                                     Sec. 63.655(h)(5)(i) of
                                                                                     subpart CC.
63.8(f)(4)(ii).....................................  Yes..........................
63.8(f)(4)(iii)....................................  No...........................  Timeframe for submitting
                                                                                     request is specified in
                                                                                     Sec. 63.655(h)(5)(i) of
                                                                                     subpart CC.
63.8(f)(5).........................................  Yes..........................
63.8(f)(6).........................................  No...........................  Subpart CC does not require
                                                                                     continuous emission
                                                                                     monitors.
63.8(g)............................................  No...........................  Subpart CC specifies data
                                                                                     reduction procedures in
                                                                                     Sec. 63.655(i)(3).
63.9(a)............................................  Yes..........................  Except that the owner or
                                                                                     operator does not need to
                                                                                     send a copy of each
                                                                                     notification submitted to
                                                                                     the Regional Office of the
                                                                                     EPA as stated in Sec.
                                                                                     63.9(a)(4)(ii).
63.9(b)(1).........................................  Yes..........................  Except the notification of
                                                                                     compliance status report
                                                                                     specified in Sec.
                                                                                     63.655(f) of subpart CC may
                                                                                     also serve as the initial
                                                                                     compliance notification
                                                                                     required in Sec.
                                                                                     63.9(b)(1)(iii).
63.9(b)(2).........................................  No...........................  A separate Initial
                                                                                     Notification report is not
                                                                                     required under subpart CC.
63.9(b)(3).........................................  No...........................  Reserved.
63.9(b)(4).........................................  Yes..........................  Except for subparagraphs
                                                                                     Sec. 63.9(b)(4)(ii)
                                                                                     through (iv), which are
                                                                                     reserved.
63.9(b)(5).........................................  Yes..........................
63.9(c)............................................  Yes..........................
63.9(d)............................................  Yes..........................
63.9(e)............................................  No...........................  Subpart CC requires
                                                                                     notification of performance
                                                                                     test at least 30 days
                                                                                     (rather than 60 days) prior
                                                                                     to the performance test and
                                                                                     does not require a site-
                                                                                     specific test plan.
63.9(f)............................................  No...........................  Subpart CC does not require
                                                                                     advanced notification of
                                                                                     visible emissions test.
63.9(g)............................................  No...........................
63.9(h)............................................  No...........................  Subpart CC Sec. 63.655(f)
                                                                                     specifies Notification of
                                                                                     Compliance Status report
                                                                                     requirements.
63.9(i)............................................  Yes..........................
63.9(j)............................................  No...........................
63.10(a)...........................................  Yes..........................
63.10(b)(1)........................................  No...........................  Sec. 63.655(i) of subpart
                                                                                     CC specifies record
                                                                                     retention requirements.
63.10(b)(2)(i).....................................  Yes..........................
63.10(b)(2)(ii)....................................  Yes..........................
63.10(b)(2)(iii)...................................  No...........................
63.10(b)(2)(iv)....................................  Yes..........................
63.10(b)(2)(v).....................................  Yes..........................
63.10(b)(2)(vi)....................................  Yes..........................
63.10(b)(2)(vii)...................................  No...........................
63.10(b)(2)(viii)..................................  Yes..........................
63.10(b)(2)(ix)....................................  Yes..........................
63.10(b)(2)(x).....................................  Yes..........................
63.10(b)(2)(xi)....................................  No...........................
63.10(b)(2)(xii)...................................  Yes..........................
63.10(b)(2)(xiii)..................................  No...........................
63.10(b)(2)(xiv)...................................  Yes..........................
63.10(b)(3)........................................  No...........................
63.10(c)(1)-63.10(c)(6)............................  No...........................
63.10(c)(7) and 63.10(c)(8)........................  Yes..........................
63.10(c)(9)-63.10(c)(15)...........................  No...........................
63.10(d)(1)........................................  Yes..........................
63.10(d)(2)........................................  No...........................  Sec. 63.655(f) of subpart
                                                                                     CC specifies performance
                                                                                     test reporting.

[[Page 97]]


63.10(d)(3)........................................  No...........................  Results of visible emissions
                                                                                     test are included in
                                                                                     Compliance Status Report as
                                                                                     specified in Sec.
                                                                                     63.655(f).
63.10(d)(4)........................................  Yes..........................
63.10(d)(5)(i).....................................  Yes\b\.......................  Except that reports required
                                                                                     by Sec. 63.10(d)(5)(i) may
                                                                                     be submitted at the same
                                                                                     time as periodic reports
                                                                                     specified in Sec.
                                                                                     63.655(g) of subpart CC.
63.10(d)(5)(ii)....................................  Yes..........................  Except that actions taken
                                                                                     during a startup, shutdown,
                                                                                     or malfunction that are not
                                                                                     consistent with the
                                                                                     startup, shutdown, and
                                                                                     malfunction plan and that
                                                                                     cause the source to exceed
                                                                                     any applicable emission
                                                                                     limitation do not need to
                                                                                     be reported within 2 and 7
                                                                                     days of commencing and
                                                                                     completing the action,
                                                                                     respectively, but must be
                                                                                     included in the next
                                                                                     periodic report.
63.10(e)...........................................  No...........................
63.10(f)...........................................  Yes..........................
63.11-63.16........................................  Yes..........................
----------------------------------------------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be sent by methods other than the U.S. Mail
  (e.g., by fax or courier). Submittals shall be sent by the specified dates, but a postmark is not required.
\b\ The plan, and any records or reports of startup, shutdown, and malfunction do not apply to Group 2 emission
  points that are not part of an emissions averaging group.


     Table 7--Fraction Measured (FM), Fraction Emitted (FE), and Fraction Removed (FR) for HAP Compounds in
                                               Wastewater Streams
----------------------------------------------------------------------------------------------------------------
                  Chemical name                     CAS No.\a\          Fm              Fe              Fr
----------------------------------------------------------------------------------------------------------------
Benzene.........................................           71432            1.00            0.80            0.99
Biphenyl........................................           92524            0.86            0.45            0.99
Butadiene (1,3).................................          106990            1.00            0.98            0.99
Carbon disulfide................................           75150            1.00            0.92            0.99
Cumene..........................................           98828            1.00            0.88            0.99
Dichloroethane (1,2-) (Ethylene dichloride).....          107062            1.00            0.64            0.99
Ethylbenzene....................................          100414            1.00            0.83            0.99
Hexane..........................................          110543            1.00            1.00            0.99
Methanol........................................           67561            0.85            0.17            0.31
Methyl isobutyl ketone (hexone).................          108101            0.98            0.53            0.99
Methyl tert butyl ether.........................         1634044            1.00            0.57            0.99
Naphthalene.....................................           91203            0.99            0.51            0.99
Trimethylpentane (2,2,4)........................          540841            1.00            1.00            0.99
xylene (m-).....................................          108383            1.00            0.82            0.99
xylene (o-).....................................           95476            1.00            0.79            0.99
xylene (p-).....................................          106423            1.00            0.82            0.99
----------------------------------------------------------------------------------------------------------------
\a\ CAS numbers refer to the Chemical Abstracts Service registry number assigned to specific compounds, isomers,
  or mixtures of compounds.


            Table 8--Valve Monitoring Frequency for Phase III
------------------------------------------------------------------------
       Performance level
--------------------------------        Valve monitoring frequency
     Leaking valves \a\ (%)
------------------------------------------------------------------------
[ge]4..........................  Monthly or QIP. \b\
<4.............................  Quarterly.
<3.............................  Semiannual.
<2.............................  Annual.
------------------------------------------------------------------------
\a\ Percent leaking valves is calculated as a rolling average of two
  consecutive monitoring periods.
\b\ QIP=Quality improvement program. Specified in Sec. 63.175 of
  subpart H of this part.


           Table 9--Valve Monitoring Frequency for Alternative
------------------------------------------------------------------------
       Performance level
--------------------------------  Valve monitoring frequency under Sec.
     Leaking valves \a\ (%)                 63.649 alternative
------------------------------------------------------------------------
[ge]5..........................  Monthly or QIP. \b\
<5.............................  Quarterly.
<4.............................  Semiannual.

[[Page 98]]


<3.............................  Annual.
------------------------------------------------------------------------
\a\ Percent leaking valves is calculated as a rolling average of two
  consecutive monitoring periods.
\b\ QIP=Quality improvement program. Specified in Sec. 63.175 of
  subpart H of this part.


  Table 10--Miscellaneous Process Vents--Monitoring, Recordkeeping and
Reporting Requirements for Complying With 98 Weight-Percent Reduction of
Total Organic HAP Emissions or a Limit of 20 Parts Per Million by Volume
------------------------------------------------------------------------
                                                     Recordkeeping and
                                 Parameters to be        reporting
        Control device            monitored \a\       requirements for
                                                    monitored parameters
------------------------------------------------------------------------
Thermal incinerator...........  Firebox            1. Continuous records
                                 temperature \b\    \c\.
                                 (63.644(a)(1)(i)
                                 ).
                                                   2. Record and report
                                                    the firebox
                                                    temperature averaged
                                                    over the full period
                                                    of the performance
                                                    test--NCS \d\.
                                                   3. Record the daily
                                                    average firebox
                                                    temperature for each
                                                    operating day \e\.
                                                   4. Report all daily
                                                    average temperatures
                                                    that are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit and all
                                                    operating days when
                                                    insufficient
                                                    monitoring data are
                                                    collected \f\--PR \g
                                                    \.
Catalytic incinerator.........  Temperature        1. Continuous records
                                 upstream and       \c\.
                                 downstream of
                                 the catalyst bed
                                 (63.644(a)(1)(ii
                                 )).
                                                   2. Record and report
                                                    the upstream and
                                                    downstream
                                                    temperatures and the
                                                    temperature
                                                    difference across
                                                    the catalyst bed
                                                    averaged over the
                                                    full period of the
                                                    performance test--
                                                    NCS \d\.
                                                   3. Record the daily
                                                    average upstream
                                                    temperature and
                                                    temperature
                                                    difference across
                                                    the catalyst bed for
                                                    each operating day
                                                    \e\.
                                                   4. Report all daily
                                                    average upstream
                                                    temperatures that
                                                    are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit--PR \g\.
                                                   5. Report all daily
                                                    average temperature
                                                    differences across
                                                    the catalyst bed
                                                    that are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit--PR \g\.
                                                   6. Report all
                                                    operating days when
                                                    insufficient
                                                    monitoring data are
                                                    collected \f\.
Boiler or process heater with   Firebox            1. Continuous records
 a design heat capacity less     temperature \b\    \c\.
 than 44 megawatts where the     (63.644(a)(4)).
 vent stream is not introduced
 into the flame zone \h i\.
                                                   2. Record and report
                                                    the firebox
                                                    temperature averaged
                                                    over the full period
                                                    of the performance
                                                    test--NCS \d\.
                                                   3. Record the daily
                                                    average firebox
                                                    temperature for each
                                                    operating day \e\.
                                                   4. Report all daily
                                                    average firebox
                                                    temperatures that
                                                    are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit and all
                                                    operating days when
                                                    insufficient
                                                    monitoring data are
                                                    collected \f\--PR \g
                                                    \.
Flare.........................  Presence of a      1. Hourly records of
                                 flame at the       whether the monitor
                                 pilot light        was continuously
                                 (63.644(a)(2)).    operating and
                                                    whether a pilot
                                                    flame was
                                                    continuously present
                                                    during each hour.
                                                   2. Record and report
                                                    the presence of a
                                                    flame at the pilot
                                                    light over the full
                                                    period of the
                                                    compliance
                                                    determination--NCS \
                                                    d\.
                                                   3. Record the times
                                                    and durations of all
                                                    periods when all
                                                    pilot flames for a
                                                    flare are absent or
                                                    the monitor is not
                                                    operating.
                                                   4. Report the times
                                                    and durations of all
                                                    periods when all
                                                    pilot flames for a
                                                    flare are absent or
                                                    the monitor is not
                                                    operating.
All control devices...........  Presence of flow   1. Hourly records of
                                 diverted to the    whether the flow
                                 atmosphere from    indicator was
                                 the control        operating and
                                 device             whether flow was
                                 (63.644(c)(1))     detected at any time
                                 or.                during each hour.

[[Page 99]]


                                                   2. Record and report
                                                    the times and
                                                    durations of all
                                                    periods when the
                                                    vent stream is
                                                    diverted through a
                                                    bypass line or the
                                                    monitor is not
                                                    operating--PR \g\.
                                Monthly            1. Records that
                                 inspections of     monthly inspections
                                 sealed valves      were performed.
                                 [63.644(c)(2)].
                                                   2. Record and report
                                                    all monthly
                                                    inspections that
                                                    show the valves are
                                                    not closed or the
                                                    seal has been
                                                    changed--PR \g\.
------------------------------------------------------------------------
\a\ Regulatory citations are listed in parentheses.
\b\ Monitor may be installed in the firebox or in the ductwork
  immediately downstream of the firebox before any substantial heat
  exchange is encountered.
\c\ ``Continuous records'' is defined in Sec. 63.641.
\d\ NCS = Notification of Compliance Status Report described in Sec.
  63.655.
\e\ The daily average is the average of all recorded parameter values
  for the operating day. If all recorded values during an operating day
  are within the range established in the NCS or operating permit, a
  statement to this effect can be recorded instead of the daily average.
\f\ When a period of excess emission is caused by insufficient
  monitoring data, as described in Sec. 63.655(g)(6)(i)(C) or (D), the
  duration of the period when monitoring data were not collected shall
  be included in the Periodic Report.
\g\ PR = Periodic Reports described in Sec. 63.655(g).
\h\ No monitoring is required for boilers and process heaters with a
  design heat capacity [ge]44 megawatts or for boilers and process
  heaters where all vent streams are introduced into the flame zone. No
  recordkeeping or reporting associated with monitoring is required for
  such boilers and process heaters.
\i\ Process vents that are routed to refinery fuel gas systems are not
  regulated under this subpart. No monitoring, recordkeeping, or
  reporting is required for boilers and process heaters that combust
  refinery fuel gas.


[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, 29882, June 12,
1996; 63 FR 44142, 44143, Aug. 18, 1998; 74 FR 55688, Oct. 28, 2009; 75
FR 37731, June 30, 2010]



Subpart DD_National Emission Standards for Hazardous Air Pollutants from
                 Off-Site Waste and Recovery Operations

    Source: 61 FR 34158, July 1, 1996, unless otherwise noted.



Sec. 63.680  Applicability and designation of affected sources.

    (a) The provisions of this subpart apply to the owner and operator
of a plant site for which both of the conditions specified in paragraphs
(a)(1) and (a)(2) of this section are applicable. If either one of these
conditions does not apply to the plant site, then the owner and operator
of the plant site are not subject to the provisions of this subpart.
    (1) The plant site is a major source of hazardous air pollutant
(HAP) emissions as defined in 40 CFR 63.2.
    (2) At the plant site is located one or more of operations that
receives off-site materials as specified in paragraph (b) of this
section and the operations is one of the following waste management
operations or recovery operations as specified in paragraphs (a)(2)(i)
through (a)(2)(vi) of this section.
    (i) A waste management operation that receives off-site material and
the operation is regulated as a hazardous waste treatment, storage, and
disposal facility (TSDF) under either 40 CFR part 264 or part 265.
    (ii) A waste management operation that treats wastewater which is an
off-site material and the operation is exempted from regulation as a
hazardous waste treatment, storage, and disposal facility under 40 CFR
264.1(g)(6) or 40 CFR 265.1(c)(10).
    (iii) A waste management operation that treats wastewater which is
an off-site material and the operation meets both of the following
conditions:
    (A) The operation is subject to regulation under either section 402
or 307(b) of the Clean Water Act but is not owned by a ``state'' or
``municipality'' as defined by section 502(3) and 502(4), respectively,
of the Clean Water Act; and
    (B) The treatment of wastewater received from off-site is the
predominant activity performed at the plant site.
    (iv) A recovery operation that recycles or reprocesses hazardous
waste which is an off-site material and the operation is exempted from
regulation

[[Page 100]]

as a hazardous waste treatment, disposal, and storage facility under 40
CFR 264.1(g)(2) or 40 CFR 265.1(c)(6).
    (v) A recovery operation that recycles or reprocesses used solvent
which is an off-site material and the operation is not part of a
chemical, petroleum, or other manufacturing process that is required to
use air emission controls by another subpart of 40 CFR part 63 or 40 CFR
part 61.
    (vi) A recovery operation that re-refines or reprocesses used oil
which is an off-site material and the operation is regulated under 40
CFR 279 subpart F--Standards for Used Oil Processors and Refiners.
    (b) For the purpose of implementing this subpart, an off-site
material is a material that meets all of the criteria specified in
paragraph (b)(1) of this section but is not one of the materials
specified in paragraph (b)(2) of this section.
    (1) An off-site material is a material that meets all of the
criteria specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this
section. If any one of these criteria do not apply to the material, then
the material is not an off-site material subject to this subpart.
    (i) The material is a waste, used oil, or used solvent as defined in
Sec. 63.681 of this subpart;
    (ii) The waste, used oil, or used solvent is not produced or
generated within the plant site, but the material is delivered,
transferred, or otherwise moved to the plant site from a location
outside the boundaries of the plant site; and
    (iii) The waste, used oil, or used solvent contains one or more of
the hazardous air pollutants (HAP) listed in Table 1 of this subpart
based on the composition of the material at the point-of-delivery, as
defined in Sec. 63.681 of this subpart.
    (2) For the purpose of implementing this subpart, the following
materials are not off-site materials:
    (i) Household waste as defined in 40 CFR 258.2.
    (ii) Radioactive mixed waste managed in accordance with all
applicable regulations under Atomic Energy Act and Nuclear Waste Policy
Act authorities.
    (iii) Waste that is generated as a result of implementing remedial
activities required under the Resource Conservation and Recovery Act
(RCRA) corrective action authorities (RCRA sections 3004(u), 3004(v), or
3008(h)), Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) authorities, or similar Federal or State
authorities.
    (iv) Waste containing HAP that is generated by residential
households (e.g., old paint, home garden pesticides) and subsequently is
collected as a community service by government agencies, businesses, or
other organizations for the purpose of promoting the proper disposal of
this waste.
    (v) Waste that is transferred from a chemical manufacturing plant or
other facility for which both of the following conditions apply to the
waste:
    (A) The management of the waste at the facility is required either
under part 63 subpart F--National Emission Standards for Organic
Hazardous Air Pollutants from the Synthetic Organic Chemical
Manufacturing Industry or under another subpart in 40 CFR part 63 to
meet the air emission control standards for process wastewater specified
in 40 CFR 63.132 through 63.147; and
    (B) The owner or operator of the facility from which the waste is
transferred has complied with the provisions of 40 CFR 63.132(g)(1)(ii)
and (g)(2).
    (vi) Waste that is transferred from a chemical manufacturing plant,
petroleum refinery, or coke by-product recovery plant which is subject
to 40 CFR part 61, subpart FF--National Emission Standards for Benzene
Waste Operations, and for which both of the following conditions apply
to the waste:
    (A) The waste is generated at a facility that is not exempted under
the provisions of 40 CFR 61.342(a) from meeting the air emission control
standards of 40 CFR part 61, subpart FF; and
    (B) The owner or operator of the facility from which the waste is
transferred has complied with the provisions of 40 CFR 61.342(f)(2).
    (vii) Ship ballast water pumped from a ship to an onshore wastewater
treatment facility.
    (viii) Hazardous waste that is stored for 10 days or less at a
transfer facility

[[Page 101]]

in compliance with the provisions of 40 CFR 263.12.
    (c) Affected sources--(1) Off-site material management units. For
each operation specified in paragraphs (a)(2)(i) through (a)(2)(vi) of
this section that is located at the plant site, the affected source is
the entire group of off-site material management units associated with
the operation. An off-site material management unit is a tank,
container, surface impoundment, oil-water separator, organic-water
separator, or transfer system used to manage off-site material. For the
purpose of implementing the standards under this subpart, a unit that
meets the definition of a tank or container but also is equipped with a
vent that serves as a process vent for any of the processes listed in
paragraphs (c)(2)(i) through (c)(2)(vi) of this section is not an off-
site material management unit but instead is a process vent and is to be
included in the appropriate affected source group under paragraph (c)(2)
of this section. Examples of such a unit may include, but are not
limited to, a distillate receiver vessel, a primary condenser, a bottoms
receiver vessel, a surge control tank, a separator tank, and a hot well.
    (2) Process vents. For each operation specified in paragraphs
(a)(2)(i) through (a)(2)(vi) of this section that is located at the
plant site, the affected source is the entire group of process equipment
associated with the process vents for the processes listed in paragraphs
(c)(2)(i) through (c)(2)(vi) of this section.
    (i) Distillation process used for the treatment, recycling, or
recovery of off-site material. Distillation means a process, either
batch or continuous, separating one or more off-site material feed
streams into two or more exit streams having different component
concentrations from those in the feed stream or streams. The separation
is achieved by the redistribution of the components between the liquid
and vapor phases as they approach equilibrium within the distillation
unit.
    (ii) Fractionation process used for the treatment, recycling, or
recovery of off-site material. Fractionation means a liquid mixture
separation process or method used to separate a mixture of several
volatile components of different boiling points in successive stages,
each stage removing from the mixture some proportion of one of the
components.
    (iii) Thin-film evaporation process used for the treatment,
recycling, or recovery of off-site material. Thin-film evaporation means
a liquid mixture separation process or method that uses a heating
surface consisting of a large diameter tube that may be either straight
or tapered, horizontal or vertical. Liquid is spread on the tube wall by
a rotating assembly of blades that maintain a close clearance from the
wall or actually ride on the film of liquid on the wall.
    (iv) Solvent extraction process used for the treatment, recycling,
or recovery of off-site material. Solvent extraction means a separation
process or method in which a solid or a solution is contacted with a
liquid solvent (the material and the solvent being relatively insoluble
in each other) to preferentially dissolve and transfer one or more
components into the solvent.
    (v) Steam stripping process used for the treatment, recycling, or
recovery of off-site material. Steam stripping means a liquid mixture
separation process or method in which vaporization of the volatile
components of a liquid mixture occurs by the introduction of steam
directly into the process.
    (vi) Gas stripping process used for the treatment, recycling, or
recovery of off-site material. Gas stripping means a desorption process
or method used to transfer one or more volatile components from a liquid
mixture into a gas stream either with or without the application of heat
to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or
valve-type plate towers are examples of the process configurations used
for contacting the gas and a liquid.
    (3) Equipment leaks. For each operation specified in paragraphs
(a)(2)(i) through (a)(2)(vi) of this section that is located at the
plant site, the affected source is the entire group of equipment
components for which each component meets all of the conditions
specified in paragraphs (c)(3)(i) through (c)(3)(iii) of this section.
If any one of these conditions do not apply to an equipment

[[Page 102]]

component, then that component is not part of the affected source for
equipment leaks.
    (i) The equipment component is a pump, compressor, agitator,
pressure relief device, sampling connection system, open-ended valve or
line, valve, connector, or instrumentation system;
    (ii) The equipment component contains or contacts off-site material
having a total HAP concentration equal to or greater than 10 percent by
weight; and
    (iii) The equipment component is intended to operate for 300 hours
or more during a calendar year in off-site material service, as defined
in Sec. 63.681 of this subpart.
    (d) Facility-wide exemption. The owner or operator of affected
sources subject to this subpart is exempted from the requirements of
Secs. 63.682 through 63.699 of this subpart in situations when the total
annual quantity of the HAP that is contained in the off-site material
received at the plant site is less than 1 megagram per year. For a plant
site to be exempted under the provisions of this paragraph (d), the
owner or operator must meet the requirements in paragraphs (d)(1)
through (d)(3) of this section.
    (1) The owner or operator must prepare an initial determination of
the total annual HAP quantity in the off-site material received at the
plant site. This determination is based on the total quantity of the HAP
listed in Table 1 of this subpart as determined at the point-of-delivery
for each off-site material stream.
    (2) The owner or operator must prepare a new determination whenever
the extent of changes to the quantity or composition of the off-site
material received at the plant site could cause the total annual HAP
quantity in the off-site material received at the plant site to exceed
the limit of 1 megagram per year.
    (3) The owner or operator must maintain documentation to support the
owner's or operator's determination of the total annual HAP quantity in
the off-site material received at the plant site. This documentation
must include the basis and data used for determining the HAP content of
the off-site material.
    (e) Compliance dates--(1) Existing sources. The owner or operator of
an affected source that commenced construction or reconstruction before
October 13, 1994, must achieve compliance with the provisions of this
subpart on or before the date specified in paragraph (e)(1)(i) or
(e)(1)(ii) of this section as applicable to the affected source.
    (i) For an affected source that commenced construction or
reconstruction before October 13, 1994 and receives off-site material
for the first time before February 1, 2000, the owner or operator of
this affected source must achieve compliance with the provisions of the
subpart on or before February 1, 2000 unless an extension has been
granted by the Administrator as provided in 40 CFR 63.6(i).
    (ii) For an affected source that commenced construction or
reconstruction before October 13, 1994, but receives off-site material
for the first time on or after February 1, 2000, the owner or operator
of the affected source must achieve compliance with the provisions of
this subpart upon the first date that the affected source begins to
manage off-site material.
    (2) New sources. The owner or operator of an affected source for
which construction or reconstruction commences on or after October 13,
1994, must achieve compliance with the provisions of this subpart on or
before July 1, 1996, or upon initial startup of operations, whichever
date is later as provided in 40 CFR 63.6(b).
    (f) The provisions of 40 CFR part 63, subpart A--General Provisions
that apply and those that do not apply to this subpart are specified in
Table 2 of this subpart.

[61 FR 34158, July 1, 1996, as amended at 65 FR 38963, July 20, 1999]



Sec. 63.681  Definitions.

    All terms used in this subpart shall have the meaning given to them
in this section, 40 CFR 63.2 of this part, and the Act.
    Boiler means an enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator or a process
heater.
    Closed-vent system means a system that is not open to the atmosphere
and

[[Page 103]]

is composed of hard-piping, ductwork, connections, and, if necessary,
fans, blowers, or other flow-inducing devices that conveys gas or vapor
from an emission point to a control device.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other
type of fitting that prevents or reduces air pollutant emissions to the
atmosphere by blocking an opening in a cover when the device is secured
in the closed position. Closure devices include devices that are
detachable from the cover (e.g., a sampling port cap), manually operated
(e.g., a hinged access lid or hatch), or automatically operated (e.g., a
spring-loaded pressure relief valve).
    Container means a portable unit used to hold material. Examples of
containers include but are not limited to drums, dumpsters, roll-off
boxes, bulk cargo containers commonly known as ``portable tanks'' or
``totes'', cargo tank trucks, and tank rail cars.
    Continuous record means documentation of data values measured at
least once every 15 minutes and recorded at the frequency specified in
this subpart.
    Continuous recorder means a data recording device that either
records an instantaneous data value at least once every 15 minutes or
records 15-minutes or more frequent block averages.
    Continuous seal means a seal that forms a continuous closure that
completely covers the space between the edge of the floating roof and
the wall of a tank. A continuous seal may be a vapor-mounted seal,
liquid-mounted seal, or metallic shoe seal. A continuous seal may be
constructed of fastened segments so as to form a continuous seal.
    Control device means equipment used for recovering, removing,
oxidizing, or destroying organic vapors. Examples of such equipment
include but are not limited to carbon adsorbers, condensers, vapor
incinerators, flares, boilers, and process heaters.
    Cover means a device or system that provides a continuous barrier
over the material managed in an off-site material management unit to
prevent or reduce air pollutant emissions to the atmosphere. A cover may
have openings needed for operation, inspection, sampling, maintenance,
and repair of the unit provided that each opening is closed when not in
use (e.g., access hatches, sampling ports). A cover may be a separate
piece of equipment which can be detached and removed from the unit or a
cover may be formed by structural features permanently integrated into
the design of the unit.
    Emission point means an individual tank, surface impoundment,
container, oil-water or organic-water separator, transfer system,
process vent, or enclosure.
    Enclosure means a structure that surrounds a tank or container,
captures organic vapors emitted from the tank or container, and vents
the captured vapor through a closed vent system to a control device.
    External floating roof means a pontoon-type or double-deck type
cover that rests on the liquid surface in a tank with no fixed roof.
    Fixed roof means a cover that is mounted on a unit in a stationary
position and does not move with fluctuations in the level of the liquid
managed in the unit.
    Flame zone means the portion of the combustion chamber in a boiler
or process heater occupied by the flame envelope.
    Floating roof means a cover consisting of a double deck, pontoon
single deck, or internal floating cover which rests upon and is
supported by the liquid being contained, and is equipped with a
continuous seal.
    Flow indicator means a device that indicates whether gas is flowing,
or whether the valve position would allow gas to flow in a bypass line.
    Hard-piping means pipe or tubing that is manufactured and properly
installed in accordance with relevant standards and good engineering
practices.
    Hazardous air pollutants or HAP means the specific organic chemical
compounds, isomers, and mixtures listed in Table 1 of this subpart.
    Hazardous waste means a waste that is determined to be hazardous
under the Resource Conservation and Recovery Act (PL 94-580) (RCRA), as
implemented by 40 CFR parts 260 and 261.
    Individual drain system means a stationary system used to convey
wastewater streams or residuals to a waste management unit or to
discharge or

[[Page 104]]

disposal. The term includes hard-piping, all drains and junction boxes,
together with their associated sewer lines and other junction boxes
(e.g., manholes, sumps, and lift stations) conveying wastewater streams
or residuals. For the purpose of this subpart, an individual drain
system is not a drain and collection system that is designed and
operated for the sole purpose of collecting rainfall runoff (e.g.,
stormwater sewer system) and is segregated from all other individual
drain systems.
    Internal floating roof means a cover that rests or floats on the
liquid surface (but not necessarily in complete contact with it inside a
tank that has a fixed roof).
    Light-material service means the container is used to manage an off-
site material for which both of the following conditions apply: the
vapor pressure of one or more of the organic constituents in the off-
site material is greater than 0.3 kilopascals (kPa) at 20  deg.C; and
the total concentration of the pure organic constituents having a vapor
pressure greater than 0.3 kPa at 20  deg.C is equal to or greater than
20 percent by weight.
    Liquid-mounted seal means a foam- or liquid-filled continuous seal
mounted in contact with the liquid in a unit.
    Maximum HAP vapor pressure means the sum of the individual HAP
equilibrium partial pressure exerted by an off-site material at the
temperature equal to either: the local maximum monthly average
temperature as reported by the National Weather Service when the off-
site material is stored or treated at ambient temperature; or the
highest calendar-month average temperature of the off-site material when
the off-site material is stored at temperatures above the ambient
temperature or when the off-site material is stored or treated at
temperatures below the ambient temperature. For the purpose of this
subpart, maximum HAP vapor pressure is determined using the procedures
specified in Sec. 63.694(j) of this subpart.
    Metallic shoe seal means a continuous seal that is constructed of
metal sheets which are held vertically against the wall of the tank by
springs, weighted levers, or other mechanisms and is connected to the
floating roof by braces or other means. A flexible coated fabric
(envelope) spans the annular space between the metal sheet and the
floating roof.
    No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in Sec. 63.694(k)
of this subpart.
    Off-site material means a material that meets all of the criteria
specified in paragraph Sec. 63.680(b)(1) of this subpart but is not one
of the materials specified in Sec. 63.680(b)(2) of this subpart.
    Off-site material management unit means a tank, container, surface
impoundment, oil-water separator, organic-water separator, or transfer
system used to manage off-site material.
    Off-site material service means any time when a pump, compressor,
agitator, pressure relief device, sampling connection system, open-ended
valve or line, valve, connector, or instrumentation system contains or
contacts off-site material.
    Off-site material stream means an off-site material produced or
generated by a particular process or source such that the composition
and form of the material comprising the stream remain consistent. An
off-site material stream may be delivered, transferred, or otherwise
moved to the plant site in a continuous flow of material (e.g.,
wastewater flowing through a pipeline) or in a series of discrete
batches of material (e.g., a truckload of drums all containing the same
off-site material or multiple bulk truck loads of an off-site material
produced by the same process).
    Oil-water separator means a separator as defined for this subpart
that is used to separate oil from water.
    Operating parameter value means a minimum or maximum value
established for a control device or treatment process parameter which,
if achieved by itself or in combination with one or more other operating
parameter values, determines that an owner or operator has complied with
an applicable emission limitation or standard.
    Organic-water separator means a separator as defined for this
subpart that is used to separate organics from water.

[[Page 105]]

    Plant site means all contiguous or adjoining property that is under
common control including properties that are separated only by a road or
other public right-of-way. Common control includes properties that are
owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof. A unit or group of units within
a contiguous property that are not under common control (e.g., a
wastewater treatment unit or solvent recovery unit located at the site
but is sold to a different company) is a different plant site.
    Point-of-delivery means the point at the boundary or within the
plant site where the owner or operator first accepts custody, takes
possession, or assumes responsibility for the management of an off-site
material stream managed in a waste management operation or recovery
operation specified in Sec. 63.680 (a)(2)(i) through (a)(2)(vi) of this
subpart. The characteristics of an off-site material stream are
determined prior to combining the off-site material stream with other
off-site material streams or with any other materials.
    Point-of-treatment means a point after the treated material exits
the treatment process but before the first point downstream of the
treatment process exit where the organic constituents in the treated
material have the potential to volatilize and be released to the
atmosphere. For the purpose of applying this definition to this subpart,
the first point downstream of the treatment process exit is not a
fugitive emission point due to an equipment leak from any of the
following equipment components: pumps, compressors, valves, connectors,
instrumentation systems, or safety devices.
    Process heater means an enclosed combustion device that transfers
heat released by burning fuel directly to process streams or to heat
transfer liquids other than water.
    Process vent means an open-ended pipe, stack, or duct through which
a gas stream containing HAP is continuously or intermittently discharged
to the atmosphere from any of the processes listed in
Sec. 63.680(c)(2)(i) through (c)(2)(vi) of this section. For the purpose
of this subpart, a process vent is none of the following: a pressure-
relief vent or other vent that is used as a safety device (as defined in
this section); an open-ended line or other vent that is subject to the
equipment leak control requirements under Sec. 63.691 of this subpart;
or a stack or other vent that is used to exhaust combustion products
from a boiler, furnace, process heater, incinerator, or other combustion
device.
    Recovery operation means the collection of off-site material
management units, process vents, and equipment components used at a
plant site to manage an off-site material stream from the point-of-
delivery through the point where the material has been recycled,
reprocessed, or re-refined to obtain the intended product or to remove
the physical and chemical impurities of concern.
    Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions to prevent physical damage or permanent deformation to
equipment by venting gases or vapors during unsafe conditions resulting
from an unplanned, accidental, or emergency event. For the purpose of
this subpart, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath a cover such as during
filling of the unit or to adjust the pressure in this vapor headspace in
response to normal daily diurnal ambient temperature fluctuations. A
safety device is designed to remain in a closed position during normal
operations and open only when the internal pressure, or another relevant
parameter, exceeds the device threshold setting applicable to the
equipment as determined by the owner or operator based on manufacturer
recommendations, applicable regulations, fire protection and prevention
codes, standard engineering codes and practices, or other requirements
for the safe handling of flammable, combustible, explosive, reactive, or
hazardous materials.
    Separator means a waste management unit, generally a tank, used to
separate oil or organics from water. A separator consists of not only
the separation unit but also the forebay and other separator basins,
skimmers, weirs, grit chambers, sludge hoppers, and bar

[[Page 106]]

screens that are located directly after the individual drain system and
prior to any additional treatment units such as an air flotation unit
clarifier or biological treatment unit. Examples of a separator include,
but are not limited to, an API separator, parallel-plate interceptor,
and corrugated-plate interceptor with the associated ancillary
equipment.
    Single-seal system means a floating roof having one continuous seal.
This seal may be vapor-mounted, liquid-mounted, or a metallic shoe seal.
    Surface impoundment means a unit that is a natural topographical
depression, man-made excavation, or diked area formed primarily of
earthen materials (although it may be lined with man-made materials),
which is designed to hold an accumulation of liquids. Examples of
surface impoundments include holding, storage, settling, and aeration
pits, ponds, and lagoons.
    Tank means a stationary unit that is constructed primarily of
nonearthen materials (such as wood, concrete, steel, fiberglass, or
plastic) which provide structural support and is designed to hold an
accumulation of liquids or other materials.
    Transfer system means a stationary system for which the predominant
function is to convey liquids or solid materials from one point to
another point within a waste management operation or recovery operation.
For the purpose of this subpart, the conveyance of material using a
container (as defined for this subpart) or a self-propelled vehicle
(e.g., a front-end loader) is not a transfer system. Examples of a
transfer system include but are not limited to a pipeline, an individual
drain system, a gravity-operated conveyor (such as a chute), and a
mechanically-powered conveyor (such as a belt or screw conveyor).
    Temperature monitoring device means a piece of equipment used to
monitor temperature and having an accuracy of 1 percent of the
temperature being monitored expressed in degrees Celsius ( deg.C) or
1.2 degrees  deg.C, whichever value is greater.
    Treatment process means a process in which an off-site material
stream is physically, chemically, thermally, or biologically treated to
destroy, degrade, or remove hazardous air pollutants contained in the
off-site material. A treatment process can be composed of a single unit
(e.g., a steam stripper) or a series of units (e.g., a wastewater
treatment system). A treatment process can be used to treat one or more
off-site material streams at the same time.
    Used oil means any oil refined from crude oil or any synthetic oil
that has been used and as a result of such use is contaminated by
physical or chemical impurities. This definition is the same definition
of ``used oil'' in 40 CFR 279.1.
    Used solvent means a mixture of aliphatic hydrocarbons or a mixture
of one and two ring aromatic hydrocarbons that has been used as a
solvent and as a result of such use is contaminated by physical or
chemical impurities.
    Vapor-mounted seal means a continuous seal that is mounted such that
there is a vapor space between the liquid in the unit and the bottom of
the seal.
    Volatile organic hazardous air pollutant concentration or VOHAP
concentration means the fraction by weight of those compounds listed in
Table 1 of this subpart that are in an off-site material as measured
using Method 305 in appendix A of this part and expressed in terms of
parts per million (ppm). As an alternative to using Method 305, an owner
or operator may determine the HAP concentration of an off-site material
using any one of the other test methods specified in
Sec. 63.694(b)(2)(ii) of this subpart. When a test method specified in
Sec. 63.694(b)(2)(ii) of this subpart other than Method 305 is used to
determine the speciated HAP concentration of an off-site material, the
individual compound concentration may be adjusted by the corresponding
fm305 value listed in Table 1 of this subpart to determine a
VOHAP concentration.
    Waste means a material generated from industrial, commercial,
mining, or agricultural operations or from community activities that is
discarded, discharged, or is being accumulated, stored, or physically,
chemically, thermally, or biologically treated prior to being discarded
or discharged.

[[Page 107]]

    Waste management operation means the collection of off-site material
management units, process vents, and equipment components used at a
plant site to manage an off-site material stream from the point-of-
delivery to the point where the waste exits or is discharged from the
plant site or the waste is placed for on-site disposal in a unit not
subject to this subpart (e.g., a waste incinerator, a land disposal
unit).
    Waste stabilization process means any physical or chemical process
used to either reduce the mobility of hazardous constituents in a waste
or eliminate free liquids as determined by Test Method 9095--Paint
Filter Liquids Test in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition,
September 1986, as amended by Update I, November 15, 1992. (As an
alternative, an owner or operator may use any more recent, updated
version of Method 9095 approved by the EPA.) A waste stabilization
process includes mixing the waste with binders or other materials and
curing the resulting waste and binder mixture. Other synonymous terms
used to refer to this process are ``waste fixation'' or ``waste
solidification.'' A waste stabilization process does not include the
adding of absorbent materials to the surface of a waste, without mixing,
agitation, or subsequent curing, to absorb free liquid.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38964, July 20, 1999]



Sec. 63.682  [Reserved]



Sec. 63.683  Standards: General.

    (a) The general standards under this section apply to owners and
operators of affected sources as designated in Sec. 63.680(c) of this
subpart.
    (b) Off-site material management units. (1) For each off-site
material management unit that is part of an affected source, the owner
or operator must meet the requirements in either paragraph (b)(1)(i),
(b)(1)(ii), or (b)(1)(iii) of this section except for those off-site
material management units exempted under paragraph (b)(2) of this
section.
    (i) The owner or operator controls air emissions from the off-site
material management unit in accordance with the applicable standards
specified in Secs. 63.685 through 63.689 of this subpart.
    (ii) The owner or operator removes or destroys HAP in the off-site
material before placing the material in the off-site material management
unit by treating the material in accordance with the standards specified
in Sec. 63.684 of this subpart.
    (iii) The owner or operator determines before placing off-site
material in the off-site material management unit that the average VOHAP
concentration of the off-site material is less than 500 parts per
million by weight (ppmw) at the point-of-delivery. The owner or operator
must perform an initial determination of the average VOHAP concentration
of the off-site material using the procedures specified in
Sec. 63.694(b) of this subpart. This initial determination must be
performed either before the first time any portion of the off-site
material stream is placed in the unit or by the compliance date,
whichever date is later. Thereafter, the owner or operator must review
and update, as necessary, this determination at least once every
calendar year following the date of the initial determination for the
off-site material stream.
    (2) An off-site material management unit is exempted from the
requirements in paragraph (b)(1) of this section when the owner or
operator meets one of the exemptions provided in paragraphs (b)(2)(i)
through (b)(2)(iv) of this section as applicable to the unit.
    (i) An off-site material management unit is exempted from the
requirements in paragraph (b)(1) of this section if the off-site
material management unit is also subject to another subpart under 40 CFR
part 63 or 40 CFR part 61, and the owner or operator is controlling the
HAP listed in Table 1 of this subpart that are emitted from the unit in
compliance with the provisions specified in the other applicable subpart
under part 61 or part 63.
    (ii) At the discretion of the owner or operator, one or a
combination of off-site material management units may be exempted from
the requirements in paragraph (b)(1) of this section when these units
meet the condition that the

[[Page 108]]

total annual quantity of HAP contained in the off-site material placed
in the units exempted under this paragraph (b)(2)(ii) is less than 1
megagram per year. For the off-site material management units selected
by the owner or operator to be exempted from the requirements in
paragraph (b)(1) of this section, the owner or operator must meet the
requirements in paragraphs (b)(2)(ii)(A) and (b)(2)(ii)(B) of this
section. An owner or operator may change the off-site material
management units selected to be exempted under this paragraph (b)(2)(ii)
by preparing a new designation for the exempt-units as required by
paragraph (b)(2)(ii)(A) of this section and performing a new
determination as required by paragraph (b)(2)(ii)(B) of this section.
    (A) The owner or operator must designate each of the off-site
material management units selected by the owner or operator to be exempt
under paragraph (b)(2)(ii) of this section by either submitting to the
Administrator a written notification identifying the exempt-units or
permanently marking the exempt-units at the plant site. If an owner or
operator chooses to prepare and submit a written notification, this
notification must include a site plan, process diagram, or other
appropriate documentation identifying each of the exempt-units. If an
owner or operator chooses to permanently mark the exempt-units, each
exempt-unit must be marked in such a manner that it can be readily
identified as an exempt-unit from the other off-site material management
units located at the plant site.
    (B) The owner or operator must prepare an initial determination of
the total annual HAP quantity in the off-site material placed in the
units exempted under this paragraph (b)(2)(ii). This determination is
based on the total quantity of the HAP listed in Table 1 of this subpart
as determined at the point where the off-site material is placed in each
exempted unit. The owner or operator must perform a new determination
whenever the extent of changes to the quantity or composition of the
off-site material placed in the exempted units could cause the total
annual HAP content in the off-site material to exceed 1 megagram per
year. The owner or operator must maintain documentation to support the
most recent determination of the total annual HAP quantity. This
documentation must include the basis and data used for determining the
HAP content of the off-site material.
    (iii) A tank or surface impoundment is exempted from the
requirements in paragraph (b)(1) of this section if the unit is used for
a biological treatment process that meets the requirements in either
paragraph (b)(2)(iii)(A) or (b)(2)(iii)(B) of this section and the owner
or operator complies with the monitoring requirements in
Sec. 63.684(e)(4) of this subpart.
    (A) The HAP biodegradation efficiency (Rbio) for the
biological treatment process is equal to or greater than 95 percent. The
HAP biodegradation efficiency (Rbio) shall be determined in
accordance with the requirements of Sec. 63.694(h) of this subpart.
    (B) The total actual HAP mass removal rate (MRbio) for
the off-site material treated by the biological treatment process is
equal to or greater than the required HAP mass removal rate (RMR) for
the off-site material. The total actual HAP mass removal rate
(MRbio) must be determined in accordance with the
requirements of Sec. 63.694(i) of this subpart. The required HAP mass
removal rate (RMR) must be determined in accordance with the
requirements of Sec. 63.694(e) of this subpart.
    (iv) An off-site material management unit is exempted from the
requirements in paragraph (b)(1) of this section if the off-site
material placed in the unit is a hazardous waste that meets the
conditions specified in either paragraph (b)(2)(iv)(A) or (b)(2)(iv)(B)
of this section.
    (A) The hazardous waste meets the numerical organic concentration
limits, applicable to the hazardous waste, as specified in 40 CFR part
268--Land Disposal Restrictions, listed in the table, ``Treatment
Standards for Hazardous Waste'' in 40 CFR 268.40.
    (B) The organic hazardous constituents in the hazardous waste have
been treated by the treatment technology established by the EPA for the
hazardous waste in 40 CFR 268.42(a), or have been removed or destroyed
by an

[[Page 109]]

equivalent method of treatment approved by the EPA under 40 CFR
268.42(b).
    (v) A tank used for bulk feed of off-site material to a waste
incinerator is exempted from the requirements specified in paragraph
(b)(1) of this section if the tank meets all of the conditions specified
in paragraphs (b)(2)(v)(A) through (b)(2)(v)(C) of this section.
    (A) The tank is located inside an enclosure vented to a control
device that is designed and operated in accordance with all applicable
requirements specified under 40 CFR part 61, subpart FF--National
Emission Standards for Benzene Waste Operations for a facility at which
the total annual benzene quantity from the facility waste is equal to or
greater than 10 megagrams per year;
    (B) The enclosure and control device serving the tank were installed
and began operation prior to July 1, 1996; and
    (C) The enclosure is designed and operated in accordance with the
criteria for a permanent total enclosure as specified in ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total
Enclosure'' under 40 CFR 52.741, appendix B. The enclosure may have
permanent or temporary openings to allow worker access; passage of
material into or out of the enclosure by conveyor, vehicles, or other
mechanical or electrical equipment; or to direct air flow into the
enclosure. The owner or operator must annually perform the verification
procedure for the enclosure as specified in Section 5.0 to ``Procedure
T--Criteria for and Verification of a Permanent or Temporary Total
Enclosure.''
    (c) Process vents. (1) For each process vent that is part of an
affected source, the owner or operator must meet the requirements in
either paragraph (c)(1)(i) or (c)(1)(ii) of this section except for
those process vents exempted under paragraph (c)(2) of this section.
    (i) The owner or operator controls air emissions from the process
vent in accordance with the standards specified in Sec. 63.690 of this
subpart.
    (ii) The owner or operator determines before placing off-site
material in the process equipment associated with the process vent that
the average VOHAP concentration of the off-site material is less than
ppmw at the point-of-delivery. The owner or operator must perform an
initial determination of the average VOHAP concentration of the off-site
material using the procedures specified in Sec. 63.694(b) of this
subpart before any portion of the off-site material stream is placed in
the unit. Thereafter, the owner or operator must review and update, as
necessary, this determination at least once every calendar year
following the date of the initial determination for the off-site
material stream.
    (2) A process vent is exempted from the requirements of paragraph
(c)(1) of this section when the owner or operator meets one of the
exemptions provided in paragraphs (c)(2)(i) through (c)(2)(iii) of this
section.
    (i) A process vent is exempted from the requirements in paragraph
(c)(1) of this section if the process vent is also subject to another
subpart under part 63 or 40 CFR part 61, and the owner or operator is
controlling the HAP listed in Table 1 of this subpart that are emitted
from the process vent in compliance with the provisions specified in the
other applicable subpart under part 61 or part 63.
    (ii) A process vent is exempted from the requirements specified in
paragraph (c)(1) of this section if the owner or operator determines
that the process vent stream flow rate is less than 0.005 cubic meters
per minute (m\3\/min) at standard conditions (as defined in 40 CFR
63.2). The process vent stream flow rate shall be determined in
accordance with the procedures specified in Sec. 63.694(m) of this
subpart. Documentation must be prepared by the owner or operator and
maintained at the plant site to support the determination of the process
vent stream flow rate. This documentation must include identification of
each process vent exempted under this paragraph and the test results
used to determine the process vent stream flow rate.
    (iii) A process vent is exempted from the requirements specified in
paragraph (c)(1) of this section if the owner or operator determines
that the process vent stream flow rate is less than 6.0 m\3\/min at
standard conditions (as defined in 40 CFR 63.2) and the total HAP
concentration is less than 20

[[Page 110]]

ppmv. The process vent stream flow rate and total HAP concentration
shall be determined in accordance with the procedures specified in
Sec. 63.694(m) of this subpart. Documentation must be prepared by the
owner or operator and maintained at the plant site to support the
determination of the process vent stream flow rate and total HAP
concentration. This documentation must include identification of each
process vent exempted under this paragraph (c)(2)(iii) and the test
results used to determine the process vent stream flow rate and total
HAP concentration. The owner or operator must perform a new
determination of the process vent stream flow rate and total HAP
concentration when the extent of changes to operation of the unit on
which the process vent is used could cause either the process vent
stream flow rate to exceed the limit of 6.0 m\3\/min or the total HAP
concentration to exceed the limit of 20 ppmv.
    (d) Equipment leaks. The owner or operator must control equipment
leaks from each equipment component that is part of the affected source
specified in Sec. 63.680(c)(3) of this subpart by implementing leak
detection and control measures in accordance with the standards
specified in Sec. 63.691 of this subpart.

[64 FR 38965, July 20, 1999]



Sec. 63.684  Standards: Off-site material treatment.

    (a) The provisions of this section apply to the treatment of off-
site material to remove or destroy HAP for which Sec. 63.683(b)(1)(ii)
of this subpart references the requirements of this section for such
treatment.
    (b) The owner or operator shall remove or destroy the HAP contained
in off-site material streams to be managed in the off-site material
management unit in accordance with Sec. 63.683(b)(1)(ii) of this subpart
using a treatment process that continuously achieves, under normal
operations, one or more of the performance levels specified in
paragraphs (b)(1) through (b)(5) of this section (as applicable to the
type of treatment process) for the range of off-site material stream
compositions and quantities expected to be treated.
    (1) VOHAP concentration. The treatment process shall reduce the
VOHAP concentration of the off-site material using a means, other than
by dilution, to achieve one of the following performance levels, as
applicable:
    (i) In the case when every off-site material stream entering the
treatment process has an average VOHAP concentration equal to or greater
than 500 ppmw at the point-of-delivery, then the VOHAP concentration of
the off-site material shall be reduced to a level that is less than 500
ppmw at the point-of-treatment.
    (ii) In the case when off-site material streams entering the
treatment process are a mixture of off-site material streams having an
average VOHAP concentration equal to or greater than 500 ppmw at the
point-of-delivery with off-site material streams having average VOHAP
concentrations less than 500 ppmw at the point-of-delivery, then the
VOHAP concentration of the off-site material must be reduced to a level
at the point-of-treatment that meets the performance level specified in
either paragraph (b)(1)(ii)(A) or (B) of this section.
    (A) Less than the VOHAP concentration limit (CR)
established for the treatment process using the procedure specified in
Sec. 63.694(d); or
    (B) Less than the lowest VOHAP concentration determined for each of
the off-site material streams entering the treatment process as
determined by the VOHAP concentration of the off-site material at the
point-of-delivery.
    (2) HAP mass removal. The treatment process shall achieve a
performance level such that the total quantity of HAP actually removed
from the off-site material stream (MR) is equal to or greater than the
required mass removal (RMR) established for the off-site material stream
using the procedure specified in Sec. 63.694(e) of this subpart. The MR
for the off-site material streams shall be determined using the
procedures specified in Sec. 63.694(f) of this subpart.
    (3) HAP reduction efficiency. For any treatment process except a
treatment process that uses biological degradation and is performed in
an open tank

[[Page 111]]

or surface impoundment, the treatment process must achieve the
applicable performance level specified in either paragraph (b)(3)(i) or
(b)(3)(ii) of this section.
    (i) In the case when the owner or operator determines that off-site
material stream entering the treatment process has an average VOHAP
concentration less than 10,000 ppmw at the point-of-delivery, then the
treatment process shall achieve a performance level such that the total
quantity of HAP in the off-site material stream is reduced by 95 percent
or more. The HAP reduction efficiency (R) for the treatment process
shall be determined using the procedure specified in Sec. 63.694(g) of
this subpart. The average VOHAP concentration of the off-site material
stream at the point-of-delivery shall be determined using the procedure
specified in Sec. 63.694(b) of this subpart.
    (ii) In the case when the off-site material stream entering the
treatment process has an average VOHAP concentration equal to or greater
than 10,000 ppmw at the point-of-delivery, then the treatment process
shall achieve a performance level such that the total quantity of HAP in
the off-site material stream is reduced by 95 percent or more, and the
average VOHAP concentration of the off-site material at the point-of-
treatment is less than 100 parts per million by weight (ppmw). The HAP
reduction efficiency (R) for the treatment process shall be determined
using the procedure specified in Sec. 63.694(g) of this subpart. The
average VOHAP concentration of the off-site material stream at the
point-of-treatment shall be determined using the procedure specified in
Sec. 63.694(c) of this subpart.
    (4) Biological degradation performed in an open tank or surface
impoundment. A treatment process using biological degradation and
performed in an open tank or surface impoundment must achieve the
performance level specified in either paragraph (b)(4)(i) or (b)(4)(ii)
of this section.
    (i) The HAP reduction efficiency (R) for the treatment process is
equal to or greater than 95 percent, and the HAP biodegradation
efficiency (Rbio) for the treatment process is equal to or
greater than 95 percent. The HAP reduction efficiency (R) shall be
determined using the procedure specified in Sec. 63.694(g) of this
subpart. The HAP biodegradation efficiency (Rbio) shall be
determined in accordance with the requirements of Sec. 63.694(h) of this
subpart.
    (ii) The total quantity of HAP actually removed from the off-site
material stream by biological degradation (MRbio) shall be
equal to or greater than the required mass removal (RMR) established for
the off-site material stream using the procedure specified in
Sec. 63.694(e) of this subpart. The MRbio of the off-site
material stream shall be determined using the procedures specified in
Sec. 63.694(i) of this subpart.
    (5) Incineration. The treatment process must destroy the HAP
contained in the off-site material stream using one of the combustion
devices specified in paragraphs (b)(5)(i) through (b)(5)(iv) of this
section.
    (i) An incinerator for which the owner or operator has been issued a
final permit under 40 CFR part 270, and the incinerator is designed and
operated in accordance with the requirements of 40 CFR part 264, subpart
O--Incinerators, or
    (ii) An incinerator for which the owner or operator has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O--Incinerators.
    (iii) A boiler or industrial furnace for which the owner or operator
has been issued a final permit under 40 CFR part 270, and the combustion
unit is designed and operated in accordance with the requirements of 40
CFR part 266, subpart H--Hazardous Waste Burned in Boilers and
Industrial Furnaces.
    (iv) A boiler or industrial furnace for which the owner or operator
has certified compliance with the interim status requirements of 40 CFR
part 266, subpart H Hazardous Waste Burned in Boilers and Industrial
Furnaces.
    (c) For a treatment process that removes the HAP from the off-site
material by a means other than thermal destruction or biological
degradation to achieve one of the performances levels specified in
paragraph (b)(1), (b)(2), or (b)(3) of this section, the owner or
operator shall manage the HAP removed from the off-site material in such
a

[[Page 112]]

manner to minimize release of these HAP to the atmosphere, to the extent
practical. Examples of HAP emission control measures that meet the
requirements of this paragraph include managing the HAP removed from the
off-site material in units that use air emission controls in accordance
with the standards specified in Secs. 63.685 through 63.689 of this
subpart, as applicable to the unit.
    (d) When the owner or operator treats the off-site material to meet
one of the performance levels specified in paragraphs (b)(1) through
(b)(4) of this section, the owner or operator shall demonstrate that the
treatment process achieves the selected performance level for the range
of expected off-site material stream compositions expected to be
treated. An initial demonstration shall be performed as soon as possible
but no later than 30 days after first time an owner or operator begins
using the treatment process to manage off-site material streams in
accordance with the requirements of either Sec. 63.683(b)(1)(ii) or
Sec. 63.683(b)(2)(ii) of this subpart as applicable to the affected off-
site material management unit or process equipment. Thereafter, the
owner or operator shall review and update, as necessary, this
demonstration at least once every calendar year following the date of
the initial demonstration.
    (e) When the owner or operator treats the off-site material to meet
one of the performance levels specified in paragraphs (b)(1) through
(b)(4) of this section, the owner or operator shall ensure that the
treatment process is achieving the applicable performance requirements
by continuously monitoring the operation of the process when it is used
to treat off-site material by complying with paragraphs (e)(1) through
(e)(3) or, for biological treatment units, paragraph (e)(4) of this
section:
    (1) A continuous monitoring system shall be installed and operated
for each treatment that measures operating parameters appropriate for
the treatment process technology. This system shall include a continuous
recorder that records the measured values of the selected operating
parameters. The monitoring equipment shall be installed, calibrated, and
maintained in accordance with the equipment manufacturer's
specifications. The continuous recorder shall be a data recording device
that is capable of recording either an instantaneous data value at least
once every 15 minutes or an average value for intervals of 15 minutes or
less.
    (2) For each monitored operating parameter, the owner or operator
shall establish a minimum operating parameter value or a maximum
operating parameter value, as appropriate, to define the range of
conditions at which the treatment process must be operated to
continuously achieve the applicable performance requirements of this
section.
    (3) When the treatment process is operating to treat off-site
material, the owner or operator shall inspect the data recorded by the
continuous monitoring system on a routine basis and operate the
treatment process such that the actual value of each monitored operating
parameter is greater than the minimum operating parameter value or less
than the maximum operating parameter value, as appropriate, established
for the treatment process.
    (4) When the treatment process is a biological treatment process
that is complying with paragraph (b)(4) of this section, the owner or
operator must establish and implement a written procedure to monitor the
appropriate parameters that demonstrate proper operation of the
biological treatment unit in accordance with the evaluation required in
Sec. 63.694(h) of this subpart. The written procedure must list the
operating parameters that will be monitored and state the frequency of
monitoring to ensure that the biological treatment unit is operating
between the minimum operating parameter values and maximum operating
parameter values to establish that the biological treatment unit is
continuously achieving the performance requirement.
    (f) The owner or operator must maintain records for each treatment
process in accordance with the requirements of Sec. 63.696(a) of this
subpart.
    (g) The owner or operator must prepare and submit reports for each
treatment process in accordance with the

[[Page 113]]

requirements of Sec. 63.697(a) of this subpart.
    (h) The Administrator may at any time conduct or request that the
owner or operator conduct testing necessary to demonstrate that a
treatment process is achieving the applicable performance requirements
of this section. The testing shall be conducted in accordance with the
applicable requirements of this section. The Administrator may elect to
have an authorized representative observe testing conducted by the owner
or operator.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38967, July 20, 1999; 66
FR 1266, Jan. 8, 2001; 68 FR 37351, June 23, 2003]



Sec. 63.685  Standards: Tanks.

    (a) The provisions of this section apply to the control of air
emissions from tanks for which Sec. 63.683(b)(1)(i) of this subpart
references the use of this section for such air emission control.
    (b) The owner or operator shall control air emissions from each tank
subject to this section in accordance with the following applicable
requirements:
    (1) For a tank that is part of an existing affected source but the
tank is not used to manage off-site material having a maximum HAP vapor
pressure kilopascal (kPa) that is equal to or greater than 76.6 kPa nor
is the tank used for a waste stabilization process as defined in
Sec. 63.681 of this subpart, the owner or operator shall determine
whether the tank is required to use either Tank Level 1 controls or Tank
Level 2 controls as specified for the tank by Table 3 of this subpart
based on the off-site material maximum HAP vapor pressure and the tank's
design capacity. The owner or operator shall control air emissions from
a tank required by Table 3 to use Tank Level 1 controls in accordance
with the requirements of paragraph (c) of this section. The owner or
operator shall control air emissions from a tank required by Table 3 to
use Tank Level 2 controls in accordance with the requirements of
paragraph (d) of this section.
    (2) For a tank that is part of a new affected source but the tank is
not used to manage off-site material having a maximum HAP vapor pressure
that is equal to or greater than 76.6 kPa nor is the tank used for a
waste stabilization process as defined in Sec. 63.681 of this subpart,
the owner or operator shall determine whether the tank is required to
use either Tank Level 1 controls or Tank Level 2 controls as specified
for the tank by Table 4 of this subpart based on the off-site material
maximum HAP vapor pressure and the tank's design capacity. The owner or
operator shall control air emissions from a tank required by Table 4 to
use Tank Level 1 controls in accordance with the requirements of
paragraph (c) of this section. The owner or operator shall control air
emissions from a tank required by Table 4 to use Tank Level 2 controls
in accordance with the requirements of paragraph (d) of this section.
    (3) For a tank that is used for a waste stabilization process, the
owner or operator shall control air emissions from the tank by using
Tank Level 2 controls in accordance with the requirements of paragraph
(d) of this section.
    (4) For a tank that manages off-site material having a maximum HAP
vapor pressure that is equal to or greater than 76.6 kPa, the owner or
operator must control air emissions by using one of the tanks specified
in paragraphs (b)(4)(i) through (b)(4)(iii) of this section.
    (i) A tank vented through a closed-vent system to a control device
in accordance with the requirements specified in paragraph (g) of this
section;
    (ii) A pressure tank designed and operated in accordance with the
requirements specified in paragraph (h) of this section; or
    (iii) A tank located inside an enclosure that is vented through a
closed-vent system to an enclosed combustion control device in
accordance with the requirements specified in paragraph (i) of this
section.
    (c) Owners and operators controlling air emissions from a tank using
Tank Level 1 controls shall meet the following requirements:
    (1) The owner or operator shall determine the maximum HAP vapor
pressure for an off-site material to be managed in the tank using Tank
Level 1 controls before the first time the off-site material is placed
in the tank. The maximum HAP vapor pressure shall be

[[Page 114]]

determined using the procedures specified in Sec. 63.694(j) of this
subpart. Thereafter, the owner or operator shall perform a new
determination whenever changes to the off-site material managed in the
tank could potentially cause the maximum HAP vapor pressure to increase
to a level that is equal to or greater than the maximum HAP vapor
pressure limit for the tank design capacity category specified in Table
3 or Table 4 of this subpart, as applicable to the tank.
    (2) The owner or operator must control air emissions from the tank
in accordance with the requirements in either paragraph (c)(2)(i),
(c)(2)(ii), or (c)(2)(iii) of this section, as applicable to the tank.
    (i) The owner or operator controls air emissions from the tank in
accordance with the provisions specified in subpart 00 of 40 CFR part
63--National Emission Standards for Tanks--Level 1.
    (ii) As an alternative to meeting the requirements in paragraph
(c)(2)(i) of this section, an owner or operator may control air
emissions from the tank in accordance with the provisions for Tank Level
2 controls as specified in paragraph (d) of this section.
    (iii) As an alternative to meeting the requirements in paragraph
(c)(2)(i) of this section when a tank is used as an interim transfer
point to transfer off-site material from containers to another off-site
material management unit, an owner or operator may control air emissions
from the tank in accordance with the requirements in paragraphs
(c)(2)(iii)(A) and (c)(2)(iii)(B) of this section. An example of such a
tank is an in-ground tank into which organic-contaminated debris is
dumped from roll-off boxes or dump trucks, and then this debris is
promptly transferred from the tank to a macroencapsulation unit by a
backhoe.
    (A) During those periods of time when the material transfer activity
is occurring, the tank may be operated without a cover.
    (B) At all other times, air emissions from the tank must be
controlled in accordance with the provisions specified in 40 CFR part
67, subpart 00--National Emission Standards for Tanks--Level 1.
    (d) Owners and operators controlling air emissions from a tank using
Tank Level 2 controls shall use one of the following tanks:
    (1) A fixed-roof tank equipped with an internal floating roof in
accordance with the requirements specified in paragraph (e) of this
section;
    (2) A tank equipped with an external floating roof in accordance
with the requirements specified in paragraph (f) of this section;
    (3) A tank vented through a closed-vent system to a control device
in accordance with the requirements specified in paragraph (g) of this
section;
    (4) A pressure tank designed and operated in accordance with the
requirements specified in paragraph (h) of this section; or
    (5) A tank located inside an enclosure that is vented through a
closed-vent system to an enclosed combustion control device in
accordance with the requirements specified in paragraph (i) of this
section.
    (e) The owner or operator who elects to control air emissions from a
tank using a fixed-roof with an internal floating roof shall meet the
requirements specified in paragraphs (e)(1) through (e)(3) of this
section.
    (1) The tank shall be equipped with a fixed roof and an internal
floating roof in accordance with the following requirements:
    (i) The internal floating roof shall be designed to float on the
liquid surface except when the floating roof must be supported by the
leg supports.
    (ii) The internal floating roof shall be equipped with a continuous
seal between the wall of the tank and the floating roof edge that meets
either of the following requirements:
    (A) A single continuous seal that is either a liquid-mounted seal or
a metallic shoe seal, as defined in Sec. 63.681 of this subpart; or
    (B) Two continuous seals mounted one above the other. The lower seal
may be a vapor-mounted seal.
    (iii) The internal floating roof shall meet the following
specifications:
    (A) Each opening in a noncontact internal floating roof except for
automatic bleeder vents (vacuum breaker vents) and the rim space vents
is to

[[Page 115]]

provide a projection below the liquid surface.
    (B) Each opening in the internal floating roof shall be equipped
with a gasketed cover or a gasketed lid except for leg sleeves,
automatic bleeder vents, rim space vents, column wells, ladder wells,
sample wells, and stub drains.
    (C) Each penetration of the internal floating roof for the purpose
of sampling shall have a slit fabric cover that covers at least 90
percent of the opening.
    (D) Each automatic bleeder vent and rim space vent shall be
gasketed.
    (E) Each penetration of the internal floating roof that allows for
passage of a ladder shall have a gasketed sliding cover.
    (F) Each penetration of the internal floating roof that allows for
passage of a column supporting the fixed roof shall have a flexible
fabric sleeve seal or a gasketed sliding cover.
    (2) The owner or operator shall operate the tank in accordance with
the following requirements:
    (i) When the floating roof is resting on the leg supports, the
process of filling, emptying, or refilling shall be continuous and shall
be accomplished as soon as practical.
    (ii) Automatic bleeder vents are to be set closed at all times when
the roof is floating, except when the roof is being floated off or is
being landed on the leg supports.
    (iii) Prior to filling the tank, each cover, access hatch, gauge
float well or lid on any opening in the internal floating roof shall be
bolted or fastened closed (i.e., no visible gaps). Rim spaces vents are
to be set to open only when the internal floating roof is not floating
or when the pressure beneath the rim exceeds the manufacturer's
recommended setting.
    (3) The owner or operator shall inspect the internal floating roof
in accordance with the procedures specified in Sec. 63.695(b) of this
subpart.
    (f) The owner or operator who elects to control tank emissions by
using an external floating roof shall meet the requirements specified in
paragraphs (f)(1) through (f)(3) of this section.
    (1) The owner or operator shall design the external floating roof in
accordance with the following requirements:
    (i) The external floating roof shall be designed to float on the
liquid surface except when the floating roof must be supported by the
leg supports.
    (ii) The floating roof shall be equipped with two continuous seals,
one above the other, between the wall of the tank and the roof edge. The
lower seal is referred to as the primary seal, and the upper seal is
referred to as the secondary seal.
    (A) The primary seal shall be a liquid-mounted seal or a metallic
shoe seal, as defined in Sec. 63.681 of this subpart. The total area of
the gaps between the tank wall and the primary seal shall not exceed 212
square centimeters (cm2) per meter of tank diameter, and the width of
any portion of these gaps shall not exceed 3.8 centimeters (cm). If a
metallic shoe seal is used for the primary seal, the metallic shoe seal
shall be designed so that one end extends into the liquid in the tank
and the other end extends a vertical distance of at least 61 centimeters
(24 inches) above the liquid surface.
    (B) The secondary seal shall be mounted above the primary seal and
cover the annular space between the floating roof and the wall of the
tank. The total area of the gaps between the tank wall and the secondary
seal shall not exceed 21.2 square centimeters (cm\2\) per meter of tank
diameter, and the width of any portion of these gaps shall not exceed
1.3 centimeters (cm).
    (iii) The external floating roof shall be meet the following
specifications:
    (A) Except for automatic bleeder vents (vacuum breaker vents) and
rim space vents, each opening in a noncontact external floating roof
shall provide a projection below the liquid surface.
    (B) Except for automatic bleeder vents, rim space vents, roof
drains, and leg sleeves, each opening in the roof shall be equipped with
a gasketed cover, seal, or lid.
    (C) Each access hatch and each gauge float wells shall be equipped
with covers designed to be bolted or fastened when the cover is secured
in the closed position.

[[Page 116]]

    (D) Each automatic bleeder vent and each rim space vents shall be
equipped with a gasket.
    (E) Each roof drain that empties into the liquid managed in the tank
shall be equipped with a slotted membrane fabric cover that covers at
least 90 percent of the area of the opening.
    (F) Each unslotted and slotted guide pole well shall be equipped
with a gasketed sliding cover or a flexible fabric sleeve seal.
    (G) Each unslotted guide pole shall be equipped with a gasketed cap
on the end of the pole.
    (H) Each slotted guide pole shall be equipped with a gasketed float
or other device which closes off the surface from the atmosphere.
    (I) Each gauge hatch and each sample well shall be equipped with a
gasketed cover.
    (2) The owner or operator shall operate the tank in accordance with
the following requirements:
    (i) When the floating roof is resting on the leg supports, the
process of filling, emptying, or refilling shall be continuous and shall
be accomplished as soon as practical.
    (ii) Except for automatic bleeder vents, rim space vents, roof
drains, and leg sleeves, each opening in the roof shall be secured and
maintained in a closed position at all times except when the closure
device must be open for access.
    (iii) Covers on each access hatch and each gauge float well shall be
bolted or fastened when secured in the closed position.
    (iv) Automatic bleeder vents shall be set closed at all times when
the roof is floating, except when the roof is being floated off or is
being landed on the leg supports.
    (v) Rim space vents shall be set to open only at those times that
the roof is being floated off the roof leg supports or when the pressure
beneath the rim seal exceeds the manufacturer's recommended setting.
    (vi) The cap on the end of each unslotted guide pole shall be
secured in the closed position at all times except when measuring the
level or collecting samples of the liquid in the tank.
    (vii) The cover on each gauge hatch or sample well shall be secured
in the closed position at all times except when the hatch or well must
be opened for access.
    (viii) Both the primary seal and the secondary seal shall completely
cover the annular space between the external floating roof and the wall
of the tank in a continuous fashion except during inspections.
    (3) The owner or operator shall inspect the external floating roof
in accordance with the procedures specified in Sec. 63.695(b) of this
subpart.
    (g) The owner or operator who controls tank air emissions by venting
to a control device shall meet the requirements specified in paragraphs
(g)(1) through (g)(3) of this section.
    (1) The tank shall be covered by a fixed roof and vented directly
through a closed-vent system to a control device in accordance with the
following requirements:
    (i) The fixed roof and its closure devices shall be designed to form
a continuous barrier over the entire surface area of the liquid in the
tank.
    (ii) Each opening in the fixed roof not vented to the control device
shall be equipped with a closure device. If the pressure in the vapor
headspace underneath the fixed roof is less than atmospheric pressure
when the control device is operating, the closure devices shall be
designed to operate such that when the closure device is secured in the
closed position there are no visible cracks, holes, gaps, or other open
spaces in the closure device or between the perimeter of the cover
opening and the closure device. If the pressure in the vapor headspace
underneath the fixed roof is equal to or greater than atmospheric
pressure when the control device is operating, the closure device shall
be designed to operate with no detectable organic emissions.
    (iii) The fixed roof and its closure devices shall be made of
suitable materials that will minimize exposure of the off-site material
to the atmosphere, to the extent practical, and will maintain the
integrity of the equipment throughout its intended service life. Factors
to be considered when selecting the materials for and designing the
fixed roof and closure devices shall include: organic vapor
permeability, the effects of any contact with the liquid

[[Page 117]]

and its vapor managed in the tank; the effects of outdoor exposure to
wind, moisture, and sunlight; and the operating practices used for the
tank on which the fixed roof is installed.
    (iv) The closed-vent system and control device shall be designed and
operated in accordance with the requirements of Sec. 63.693 of this
subpart.
    (2) Whenever an off-site material is in the tank, the fixed roof
shall be installed with each closure device secured in the closed
position and the vapor headspace underneath the fixed roof vented to the
control device except as follows:
    (i) Venting to the control device is not required, and opening of
closure devices or removal of the fixed roof is allowed at the following
times:
    (A) To provide access to the tank for performing routine inspection,
maintenance, or other activities needed for normal operations. Examples
of such activities include those times when a worker needs to open a
port to sample liquid in the tank, or when a worker needs to open a
hatch to maintain or repair equipment. Following completion of the
activity, the owner or operator shall promptly secure the closure device
in the closed position or reinstall the cover, as applicable, to the
tank.
    (B) To remove accumulated sludge or other residues from the bottom
of the tank.
    (ii) Opening of a safety device, as defined in Sec. 63.681 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
    (3) The owner or operator shall inspect and monitor the air emission
control equipment in accordance with the procedures specified in
Sec. 63.695 of this subpart.
    (h) The owner or operator who elects to control tank air emissions
by using a pressure tank shall meet the following requirements.
    (1) The tank shall be designed not to vent to the atmosphere as a
result of compression of the vapor headspace in the tank during filling
of the tank to its design capacity.
    (2) All tank openings shall be equipped with closure devices
designed to operate with no detectable organic emissions as determined
using the procedure specified in Sec. 63.694(k) of this subpart.
    (3) Whenever an off-site material is in the tank, the tank shall be
operated as a closed system that does not vent to the atmosphere except
under either of the following conditions as specified in paragraph
(h)(3)(i) or (h)(3)(ii) of this section.
    (i) At those times when opening of a safety device, as defined in
Sec. 63.681 of this subpart, is required to avoid an unsafe condition.
    (ii) At those times when purging of inerts from the tank is required
and the purge stream is routed to a closed-vent system and control
device designed and operated in accordance with the requirements of
Sec. 63.693 of this subpart.
    (i) The owner or operator who elects to control air emissions by
using an enclosure vented through a closed-vent system to an enclosed
combustion control device shall meet the requirements specified in
paragraphs (i)(1) through (4) of this section.
    (1) The tank shall be located inside an enclosure. The enclosure
shall be designed and operated in accordance with the criteria for a
permanent total enclosure as specified in ``Procedure T--Criteria for
and Verification of a Permanent or Temporary Total Enclosure'' under 40
CFR 52.741, appendix B. The enclosure may have permanent or temporary
openings to allow worker access; passage of material into or out of the
enclosure by conveyor, vehicles, or other mechanical means; entry of
permanent mechanical or electrical equipment; or to direct airflow into
the enclosure. The owner or operator shall perform the verification
procedure for the enclosure as specified in Section 5.0 to ``Procedure
T--Criteria for and Verification of a Permanent or Temporary Total
Enclosure'' initially when the enclosure is first installed and,
thereafter, annually.
    (2) The enclosure shall be vented through a closed-vent system to an
enclosed combustion control device that is designed and operated in
accordance with the standards for either a vapor incinerator, boiler, or
process heater specified in Sec. 63.693 of this subpart.

[[Page 118]]

    (3) Opening of a safety device, as defined in Sec. 63.681 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
    (4) The owner or operator shall inspect and monitor the closed-vent
system and control device as specified in Sec. 63.693.

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



Sec. 63.686  Standards: Oil-water and organic-water separators.

    (a) The provisions of this section apply to the control of air
emissions from oil-water separators and organic-water separators for
which Sec. 63.683(b)(1)(i) of this subpart references the use of this
section for such air emission control.
    (b) The owner or operator shall control air emissions from each
separator subject to this section by using one of the following:
    (1) A floating roof in accordance with all applicable provisions
specified in 40 CFR 63 subpart VV--National Emission Standards for Oil-
Water Separators and Organic-Water Separators. For portions of the
separator where it is infeasible to install and operate a floating roof,
such as over a weir mechanism, the owner or operator shall comply with
the requirements specified in paragraph (b)(2) of this section.
    (2) A fixed-roof that is vented through a closed-vent system to a
control device in accordance with all applicable provisions specified in
40 CFR 63 subpart VV--National Emission Standards for Oil-Water
Separators and Organic-Water Separators.
    (3) A pressurized separator that operates as a closed system in
accordance with all applicable provisions specified in 40 CFR part 63,
subpart VV--National Emission Standards for Oil-Water Separators and
Organic-Water Separators.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999]



Sec. 63.687  Standards: Surface impoundments.

    (a) The provisions of this section apply to the control of air
emissions from surface impoundments for which Sec. 63.683(b)(1)(i) of
this subpart references the use of this section for such air emission
control.
    (b) The owner or operator shall control air emissions from each
surface impoundment subject to this section by using one of the
following:
    (1) A floating membrane cover in accordance with the applicable
provisions specified in 40 CFR 63 subpart QQ--National Emission
Standards for Surface Impoundments; or
    (2) A cover that is vented through a closed-vent system to a control
device in accordance with all applicable provisions specified in 40 CFR
63 subpart QQ--National Emission Standards for Surface Impoundments.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999]



Sec. 63.688  Standards: Containers.

    (a) The provisions of this section apply to the control of air
emissions from containers for which Sec. 63.683(b)(1)(i) of this subpart
references the use of this section for such air emission control.
    (b) The owner or operator shall control air emissions from each
container subject to this section in accordance with the following
requirements, as applicable to the container, except when the special
provisions for waste stabilization processes specified in paragraph (c)
of this section apply to the container.
    (1) For a container having a design capacity greater than 0.1 m\3\
and less than or equal to 0.46 m\3\, the owner or operator must control
air emissions from the container in accordance with the requirements in
either paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (i) The owner or operator controls air emissions from the container
in accordance with the standards for Container Level 1 controls as
specified in 40 CFR part 63, subpart PP--National Emission Standards for
Containers.
    (ii) As an alternative to meeting the requirements in paragraph
(b)(1)(i) of this section, an owner or operator may choose to control
air emissions from the container in accordance with the standards for
either Container Level 2 controls or Container Level 3 controls as
specified in subpart PP of this part 63--National Emission Standards for
Containers.

[[Page 119]]

    (2) For a container having a design capacity greater than 0.46 m\3\
and the container is not in light-material service as defined in
Sec. 63.681 of this subpart, the owner or operator must control air
emissions from the container in accordance with the requirements in
either paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (3) For a container having a design capacity greater than 0.46 m\3\
and the container is in light-material service as defined in Sec. 63.681
of this subpart, the owner or operator must control air emissions from
the container in accordance with the requirements in either paragraph
(b)(3)(i) or (b)(3)(ii) of this section.
    (i) The owner or operator controls air emissions from the container
in accordance with the standards for Container Level 2 controls as
specified in 40 CFR part 63, subpart PP--National Emission Standards for
Containers.
    (ii) As an alternative to meeting the requirements in paragraph
(b)(3)(i) of this section, an owner or operator may choose to control
air emissions from the container in accordance with the standards for
Container Level 3 controls as specified in 40 CFR part 63, subpart PP--
National Emission Standards for Containers.
    (c) When a container subject to this subpart and having a design
capacity greater than 0.1 m\3\ is used for treatment of an off-site
material by a waste stabilization process as defined in Sec. 63.681 of
this subpart, the owner or operator shall control air emissions from the
container at those times during the process when the off-site material
in the container is exposed to the atmosphere in accordance with the
standards for Container Level 3 controls as specified in 40 CFR part 63,
subpart PP--National Emission Standards for Containers.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999]



Sec. 63.689  Standards: Transfer systems.

    (a) The provisions of this section apply to the control of air
emissions from transfer systems for which Sec. 63.683(b)(1)(i) of this
subpart references the use of this section for such air emission
control.
    (b) For each transfer system that is subject to this section and is
an individual drain system, the owner or operator shall control air
emissions in accordance with the standards specified in 40 CFR part 63,
subpart RR--National Emission Standards for Individual Drain Systems.
    (c) For each transfer system that is subject to this section but is
not an individual drain system, the owner or operator shall control air
emissions by using one of the transfer systems specified in paragraphs
(c)(1) through (c)(3) of this section.
    (1) A transfer system that uses covers in accordance with the
requirements specified in paragraph (d) of this section.
    (2) A transfer system that consists of continuous hard-piping. All
joints or seams between the pipe sections shall be permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal
pipe or a bolted and gasketed flange).
    (3) A transfer system that is enclosed and vented through a closed-
vent system to a control device in accordance with the requirements
specified in paragraphs (c)(3)(i) and (c)(3)(ii) of this section.
    (i) The transfer system is designed and operated such that an
internal pressure in the vapor headspace in the enclosure is maintained
at a level less than atmospheric pressure when the control device is
operating, and
    (ii) The closed-vent system and control device are designed and
operated in accordance with the requirements of Sec. 63.693 of this
subpart.
    (d) Owners and operators controlling air emissions from a transfer
system using covers in accordance with the provisions of paragraph
(c)(1) of this section shall meet the requirements specified in
paragraphs (d)(1) through (d)(6) of this section.
    (1) The cover and its closure devices shall be designed to form a
continuous barrier over the entire surface area of the off-site material
as it is conveyed by the transfer system except for the openings at the
inlet and outlet to the transfer system through which the off-site
material passes. The inlet and outlet openings used for passage of the
off-

[[Page 120]]

site material through the transfer system shall be the minimum size
required for practical operation of the transfer system.
    (2) The cover shall be installed in a manner such that there are no
visible cracks, holes, gaps, or other open spaces between cover section
joints or between the interface of the cover edge and its mounting.
    (3) Except for the inlet and outlet openings to the transfer system
through which the off-site material passes, each opening in the cover
shall be equipped with a closure device designed to operate such that
when the closure device is secured in the closed position there are no
visible cracks, holes, gaps, or other open spaces in the closure device
or between the perimeter of the opening and the closure device.
    (4) The cover and its closure devices shall be made of suitable
materials that will minimize exposure of the off-site material to the
atmosphere, to the extent practical, and will maintain the integrity of
the equipment throughout its intended service life. Factors to be
considered when selecting the materials for and designing the cover and
closure devices shall include: organic vapor permeability; the effects
of any contact with the material or its vapors conveyed in the transfer
system; the effects of outdoor exposure to wind, moisture, and sunlight;
and the operating practices used for the transfer system on which the
cover is installed.
    (5) Whenever an off-site material is in the transfer system, the
cover shall be installed with each closure device secured in the closed
position except as specified in paragraph (d)(5)(i) or (d)(5)(ii) of
this section.
    (i) Opening of closure devices or removal of the cover is allowed to
provide access to the transfer system for performing routine inspection,
maintenance, repair, or other activities needed for normal operations.
Examples of such activities include those times when a worker needs to
open a hatch or remove the cover to repair conveyance equipment mounted
under the cover or to clear a blockage of material inside the system.
Following completion of the activity, the owner or operator shall
promptly secure the closure device in the closed position or reinstall
the cover, as applicable.
    (ii) Opening of a safety device, as defined in Sec. 63.681 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
    (6) The owner or operator shall inspect the air emission control
equipment in accordance with the requirements specified in Sec. 63.695
of this subpart.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38970, July 20, 1999]



Sec. 63.690  Standards: Process vents.

    (a) The provisions of this section apply to the control of air
emissions from process vents for which Sec. 63.683(c)(1)(i) of this
subpart references the use of this section for such air emission
control.
    (b) The owner or operator must route the vent stream from each
affected process vent through a closed-vent system to a control device
that meets the standards specified in Sec. 63.693 of this subpart. For
the purpose of complying with this paragraph (b), a primary condenser is
not a control device; however, a second condenser or other organic
recovery device that is operated downstream of the primary condenser is
considered a control device.

[64 FR 38970, July 20, 1999]



Sec. 63.691  Standards: Equipment leaks.

    (a) The provisions of this section apply to the control of air
emissions from equipment leaks for which Sec. 63.683(d) references the
use of this section for such air emissions control.
    (b) The owner or operator shall control the HAP emitted from
equipment leaks in accordance with the applicable provisions specified
in either paragraph (b)(1) or (b)(2) of this section.
    (1) The owner or operator controls the HAP emitted from equipment
leaks in accordance with Sec. 61.242 through Sec. 61.247 in 40 CFR part
61, subpart V--National Emission Standards for Equipment Leaks; or
    (2) The owner or operator controls the HAP emitted from equipment
leaks in accordance with Sec. 63.162 through

[[Page 121]]

Sec. 63.182 in subpart H--National Emission Standards for Organic
Hazardous Air Pollutants from Equipment Leaks.

[64 FR 38970, July 20, 1999, as amended at 66 FR 1266, Jan. 8, 2001]



Sec. 63.692  [Reserved]



Sec. 63.693  Standards: Closed-vent systems and control devices.

    (a) The provisions of this section apply to closed-vent systems and
control devices used to control air emissions for which another standard
references the use of this section for such air emission control.
    (b) For each closed-vent system and control device used to comply
with this section, the owner or operator shall meet the following
requirements:
    (1) The owner or operator must use a closed-vent system that meets
the requirements specified in paragraph (c) of this section.
    (2) The owner or operator must use a control device that meets the
requirements specified in paragraphs (d) through (h) of this section as
applicable to the type and design of the control device selected by the
owner or operator to comply with the provisions of this section.
    (3) Whenever gases or vapors containing HAP are vented through a
closed-vent system connected to a control device used to comply with
this section, the control device must be operating except at those times
listed in either paragraph (b)(3)(i) or (b)(3)(ii) of this section.
    (i) The control device may be bypassed for the purpose of performing
planned routine maintenance of the closed-vent system or control device
in situations when the routine maintenance cannot be performed during
periods that the emission point vented to the control device is
shutdown. On an annual basis, the total time that the closed-vent system
or control device is bypassed to perform routine maintenance shall not
exceed 240 hours per each calendar year.
    (ii) The control device may be bypassed for the purpose of
correcting a malfunction of the closed-vent system or control device.
The owner or operator shall perform the adjustments or repairs necessary
to correct the malfunction as soon as practicable after the malfunction
is detected.
    (4) The owner or operator must inspect and monitor each closed-vent
system in accordance with the requirements specified in either paragraph
(b)(4)(i) or (b)(4)(ii) of this section.
    (i) The owner or operator inspects and monitors the closed-vent
system in accordance with the requirements specified in Sec. 63.695(c)
of this subpart, and complies with the applicable recordkeeping
requirements in Sec. 63.696 of this subpart and the applicable reporting
requirements in Sec. 63.697 of this subpart.
    (ii) As an alternative to meeting the requirements specified in
paragraph (b)(4)(i) of this section, the owner or operator may choose to
inspect and monitor the closed-vent system in accordance with the
requirements under 40 CFR part 63, subpart H--National Emission
Standards for Organic Hazardous Air Pollutants for Equipment Leaks as
specified in 40 CFR 63.172(f) through (h), and complies with the
applicable recordkeeping requirements in 40 CFR 63.181 and the
applicable reporting requirements in 40 CFR 63.182.
    (5) The owner or operator must monitor the operation of each control
device in accordance with the requirements specified in paragraphs (d)
through (h) of this section as applicable to the type and design of the
control device selected by the owner or operator to comply with the
provisions of this section.
    (6) The owner or operator shall maintain records for each control
device in accordance with the requirements of Sec. 63.696 of this
subpart.
    (7) The owner or operator shall prepare and submit reports for each
control device in accordance with the requirements of Sec. 63.697 of
this subpart.
    (8) In the case when an owner or operator chooses to use a design
analysis to demonstrate compliance of a control device with the
applicable performance requirements specified in this section as
provided for in paragraphs (d) through (g) of this section, the
Administrator may request that the design analysis be revised or amended
by the owner or operator to correct any deficiencies identified by the
Administrator. If the owner or operator and the

[[Page 122]]

Administrator do not agree on the acceptability of using the design
analysis (including any changes requested by the Administrator) to
demonstrate that the control device achieves the applicable performance
requirements, then the disagreement must be resolved using the results
of a performance test conducted by the owner or operator in accordance
with the requirements of Sec. 63.694(l) of this subpart. The
Administrator may choose to have an authorized representative observe
the performance test conducted by the owner or operator. Should the
results of this performance test not agree with the determination of
control device performance based on the design analysis, then the
results of the performance test will be used to establish compliance
with this subpart.
    (c) Closed-vent system requirements.
    (1) The vent stream required to be controlled shall be conveyed to
the control device by either of the following closed-vent systems:
    (i) A closed-vent system that is designed to operate with no
detectable organic emissions using the procedure specified in
Sec. 63.694(k) of this subpart; or
    (ii) A closed-vent system that is designed to operate at a pressure
below atmospheric pressure. The system shall be equipped with at least
one pressure gage or other pressure measurement device that can be read
from a readily accessible location to verify that negative pressure is
being maintained in the closed-vent system when the control device is
operating.
    (2) In situations when the closed-vent system includes bypass
devices that could be used to divert a vent stream from the closed-vent
system to the atmosphere at a point upstream of the control device
inlet, each bypass device must be equipped with either a flow indicator
as specified in paragraph (c)(2)(i) of this section or a seal or locking
device as specified in paragraph (c)(2)(ii) of this section. For the
purpose of complying with this paragraph (c)(2), low leg drains, high
point bleeds, analyzer vents, open-ended valves or lines, or pressure
relief valves needed for safety reasons are not subject to the
requirements of this paragraph (c)(2).
    (i) If a flow indicator is used, the indicator must be installed at
the entrance to the bypass line used to divert the vent stream from the
closed-vent system to the atmosphere. The flow indicator must indicate a
reading at least once every 15 minutes. The owner or operator must
maintain records of the following information: hourly records of whether
the flow indicator was operating and whether flow was detected at any
time during the hour; and records of all periods when flow is detected
or the flow indicator is not operating.
    (ii) If a seal or locking device is used to comply with paragraph
(c)(2) of this section, the device shall be placed on the mechanism by
which the bypass device position is controlled (e.g., valve handle,
damper lever) when the bypass device is in the closed position such that
the bypass device cannot be opened without breaking the seal or removing
the lock. Examples of such devices include, but are not limited to, a
car-seal or a lock-and-key configuration valve.
    (d) Carbon adsorption control device requirements.
    (1) The carbon adsorption system must achieve the performance
specifications in either paragraph (d)(1)(i) or (d)(1)(ii) of this
section.
    (i) Recover 95 percent or more, on a weight-basis, of the total
organic compounds (TOC), less methane and ethane, contained in the vent
stream entering the carbon adsorption system; or
    (ii) Recover 95 percent or more, on a weight-basis, of the total HAP
listed in Table 1 of this subpart contained in the vent stream entering
the carbon adsorption system.
    (2) The owner or operator must demonstrate that the carbon
adsorption system achieves the performance requirements in paragraph
(d)(1) of this section by either performing a performance test as
specified in paragraph (d)(2)(i) of this section or a design analysis as
specified in paragraph (d)(2)(ii) of this section.
    (i) An owner or operator choosing to use a performance test to
demonstrate compliance must conduct the test in accordance with the
requirements of Sec. 63.694(l) of this subpart.

[[Page 123]]

    (ii) An owner or operator choosing to use a design analysis to
demonstrate compliance must include as part of this design analysis the
information specified in either paragraph (d)(2)(ii)(A) or (d)(2)(ii)(B)
of this section as applicable to the carbon adsorption system design.
    (A) For a regenerable carbon adsorption system, the design analysis
shall address the vent stream composition, constituent concentrations,
flow rate, relative humidity, and temperature and shall establish the
design exhaust vent stream organic compound concentration, adsorption
cycle time, number and capacity of carbon beds, type and working
capacity of activated carbon used for carbon beds, design total
regeneration steam flow over the period of each complete carbon bed
regeneration cycle, design carbon bed temperature after regeneration,
design carbon bed regeneration time, and design service life of the
carbon.
    (B) For a nonregenerable carbon adsorption system (e.g., a carbon
canister), the design analysis shall address the vent stream
composition, constituent concentrations, flow rate, relative humidity,
and temperature and shall establish the design exhaust vent stream
organic compound concentration, carbon bed capacity, activated carbon
type and working capacity, and design carbon replacement interval based
on the total carbon working capacity of the control device and emission
point operating schedule.
    (3) The owner or operator must monitor the operation of the carbon
adsorption system in accordance with the requirements of Sec. 63.695(e)
using one of the continuous monitoring systems specified in paragraphs
(d)(3)(i) through (iii) of this section. Monitoring the operation of a
nonregenerable carbon adsorption system (e.g., a carbon canister) using
a continuous monitoring system is not required when the carbon canister
or the carbon in the control device is replaced on a regular basis
according to the requirements in paragraph (d)(4)(iii) of this section.
    (i) For a regenerative-type carbon adsorption system:
    (A) A continuous parameter monitoring system to measure and record
the average total regeneration stream mass flow or volumetric flow
during each carbon bed regeneration cycle. The integrating regenerating
stream flow monitoring device must have an accuracy of 10 percent; and
    (B) A continuous parameter monitoring system to measure and record
the average carbon bed temperature for the duration of the carbon bed
steaming cycle and to measure the actual carbon bed temperature after
regeneration and within 15 minutes of completing the cooling cycle. The
accuracy of the temperature monitoring device must be 1 percent of the
temperature being measured, expressed in degrees Celsius or 5  deg.C,
whichever is greater.
    (ii) A continuous monitoring system to measure and record the daily
average concentration level of organic compounds in the exhaust gas
stream from the control device. The organic monitoring system must
comply either with Performance Specification 8 or 9 in 40 CFR part 60,
appendix B. The relative accuracy provision of Performance Specification
8, Sections 2.4 and 3 need not be conducted.
    (iii) A continuous monitoring system that measures other alternative
operating parameters upon approval of the Administrator as specified in
40 CFR 63.8(f)(1) through (f)(5) of this part.
    (4) The owner or operator shall manage the carbon used for the
carbon adsorption system, as follows:
    (i) Following the initial startup of the control device, all carbon
in the control device shall be replaced with fresh carbon on a regular,
predetermined time interval that is no longer than the carbon service
life established for the carbon adsorption system. The provisions of
this paragraph (d)(4)(i) do not apply to a nonregenerable carbon
adsorption system (e.g., a carbon canister) for which the carbon
canister or the carbon in the control device is replaced on a regular
basis according to the requirements in paragraph (d)(4)(iii) of this
section.
    (ii) The spent carbon removed from the carbon adsorption system must
be either regenerated, reactivated, or burned in one of the units
specified in paragraphs (d)(4)(ii)(A) through (d)(4)(ii)(G) of this
section.
    (A) Regenerated or reactivated in a thermal treatment unit for which
the

[[Page 124]]

owner or operator has been issued a final permit under 40 CFR part 270
that implements the requirements of 40 CFR part 264, subpart X.
    (B) Regenerated or reactivated in a thermal treatment unit equipped
with and operating air emission controls in accordance with this
section.
    (C) Regenerated or reactivated in a thermal treatment unit equipped
with and operating organic air emission controls in accordance with a
national emission standard for hazardous air pollutants under another
subpart in 40 CFR part 63 or 40 CFR part 61.
    (D) Burned in a hazardous waste incinerator for which the owner or
operator has been issued a final permit under 40 CFR part 270 that
implements the requirements of 40 CFR part 264, subpart O.
    (E) Burned in a hazardous waste incinerator for which the owner or
operator has designed and operates the incinerator in accordance with
the interim status requirements of 40 CFR part 265, subpart O.
    (F) Burned in a boiler or industrial furnace for which the owner or
operator has been issued a final permit under 40 CFR part 270 that
implements the requirements of 40 CFR part 266, subpart H.
    (G) Burned in a boiler or industrial furnace for which the owner or
operator has designed and operates the unit in accordance with the
interim status requirements of 40 CFR part 266, subpart H.
    (iii) As an alternative to meeting the requirements in paragraphs
(d)(3) and (d)(4)(i) of this section, an owner or operator of a
nonregenerable carbon adsorption system may choose to replace on a
regular basis the carbon canister or the carbon in the control device
using the procedures in either paragraph (d)(4)(iii)(A) or
(d)(4)(iii)(B) of this section. For the purpose of complying with this
paragraph (d)(4)(iii), a nonregenerable carbon adsorption system means a
carbon adsorption system that does not regenerate the carbon bed
directly onsite in the control device, such as a carbon canister. The
spent carbon removed from the nonregenerable carbon adsorption system
must be managed according to the requirements in paragraph (d)(4)(ii) of
this section.
    (A) Monitor the concentration level of the organic compounds in the
exhaust vent from the carbon adsorption system on a regular schedule,
and when carbon breakthrough is indicated, immediately replace either
the existing carbon canister with a new carbon canister or replace the
existing carbon in the control device with fresh carbon. Measurement of
the concentration level of the organic compounds in the exhaust vent
stream must be made with a detection instrument that is appropriate for
the composition of organic constituents in the vent stream and is
routinely calibrated to measure the organic concentration level expected
to occur at breakthrough. The monitoring frequency must be daily or at
an interval no greater than 20 percent of the time required to consume
the total carbon working capacity established as a requirement of
paragraph (d)(2)(ii)(B) of this section, whichever is longer.
    (B) Replace either the existing carbon canister with a new carbon
canister or replace the existing carbon in the control device with fresh
carbon at a regular, predetermined time interval that is less than the
design carbon replacement interval established as a requirement of
paragraph (d)(2)(ii)(B) of this section.
    (e) Condenser control device requirements.
    (1) The condenser must achieve the performance specifications in
either paragraph (e)(1)(i) or (e)(1)(ii) of this section.
    (i) Recover 95 percent or more, on a weight-basis, of the total
organic compounds (TOC), less methane and ethane, contained in the vent
stream entering the condenser; or
    (ii) Recover 95 percent or more, on a weight-basis, of the total
HAP, listed in Table 1 of this subpart, contained in the vent stream
entering the condenser.
    (2) The owner or operator must demonstrate that the condenser
achieves the performance requirements in paragraph (e)(1) of this
section by either

[[Page 125]]

performing a performance test as specified in paragraph (e)(2)(i) of
this section or a design analysis as specified in paragraph (e)(2)(ii)
of this section.
    (i) An owner or operator choosing to use a performance tests to
demonstrate compliance must conduct the test in accordance with the
requirements of Sec. 63.694(l) of this subpart.
    (ii) An owner or operator choosing to use a design analysis to
demonstrate compliance must include as part of this design analysis the
following information: description of the vent stream composition,
constituent concentrations, flow rate, relative humidity, and
temperature; and specification of the design outlet organic compound
concentration level, design average temperature of the condenser exhaust
vent stream, and the design average temperatures of the coolant fluid at
the condenser inlet and outlet.
    (3) The owner or operator must monitor the operation of the
condenser in accordance with the requirements of Sec. 63.695(e) of this
subpart using one of the continuous monitoring systems specified in
paragraphs (e)(3)(i) through (e)(3)(iii) of this section.
    (i) A continuous parameter monitoring system to measure and record
the daily average temperature of the exhaust gases from the control
device. The accuracy of the temperature monitoring device shall be 1
percent of the temperature being measured, expressed in degrees Celsius
or 5  deg.C, whichever is greater.
    (ii) A continuous monitoring system to measure and record the daily
average concentration level of organic compounds in the exhaust gas
stream from the control device. The organic monitoring system must
comply either with Performance Specification 8 or 9 in 40 CFR part 60,
appendix B. The relative accuracy provision of Performance Specification
8, Sections 2.4 and 3 need not be conducted.
    (iii) A continuous monitoring system that measures other alternative
operating parameters upon approval of the Administrator as specified in
40 CFR 63.8(f)(1) through (f)(5) of this part.
    (f) Vapor incinerator control device requirements.
    (1) The vapor incinerator must achieve the performance
specifications in either paragraph (f)(1)(i), (f)(1)(ii), or (f)(1)(iii)
of this section.
    (i) Destroy the total organic compounds (TOC), less methane and
ethane, contained in the vent stream entering the vapor incinerator
either:
    (A) By 95 percent or more, on a weight-basis, or
    (B) To achieve a total incinerator outlet concentration for the TOC,
less methane and ethane, of less than or equal to ppmv on a dry basis
corrected to 3 percent oxygen.
    (ii) Destroy the HAP listed in Table 1 of this subpart contained in
the vent stream entering the vapor incinerator either:
    (A) By 95 percent or more, on a total HAP weight-basis, or
    (B) To achieve a total incinerator outlet concentration for the HAP,
listed in Table 1 of this subpart, of less than or equal to ppmv on a
dry basis corrected to 3 percent oxygen.
    (iii) Maintain the conditions in the vapor incinerator combustion
chamber at a residence time of 0.5 seconds or longer and at a
temperature of 760 deg.C or higher.
    (2) The owner or operator must demonstrate that the vapor
incinerator achieves the performance requirements in paragraph (f)(1) of
this section by either performing a performance test as specified in
paragraph (f)(2)(i) of this section or a design analysis as specified in
paragraph (f)(2)(ii) of this section.
    (i) An owner or operator choosing to use a performance test to
demonstrate compliance must conduct the test in accordance with the
requirements of Sec. 63.694(l) of this subpart.
    (ii) An owner or operator choosing to use a design analysis to
demonstrate compliance must include as part of this design analysis the
information specified in either paragraph (f)(2)(ii)(A) or (f)(2)(ii)(B)
of this section as applicable to the vapor incinerator design.
    (A) For a thermal vapor incinerator, the design analysis shall
address the vent stream composition, constituent concentrations, and
flow rate and shall establish the design minimum and average
temperatures in the combustion chamber and the combustion chamber
residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall
address the

[[Page 126]]

vent stream composition, constituent concentrations, and flow rate and
shall establish the design minimum and average temperatures across the
catalyst bed inlet and outlet, and the design service life of the
catalyst.
    (3) The owner or operator must monitor the operation of the vapor
incinerator in accordance with the requirements of Sec. 63.695(e) of
this subpart using one of the continuous monitoring systems specified in
paragraphs (f)(3)(i) through (f)(3)(iv) of this section as applicable to
the type of vapor incinerator used.
    (i) For a thermal vapor incinerator, a continuous parameter
monitoring system to measure and record the daily average temperature of
the exhaust gases from the control device. The accuracy of the
temperature monitoring device must be 1 percent of the temperature
being measured, expressed in degrees Celsius of 0.5  deg.C, whichever
is greater.
    (ii) For a catalytic vapor incinerator, a temperature monitoring
device capable of monitoring temperature at two locations equipped with
a continuous recorder. One temperature sensor shall be installed in the
vent stream at the nearest feasible point to the catalyst bed inlet and
a second temperature sensor shall be installed in the vent stream at the
nearest feasible point to the catalyst bed outlet.
    (iii) For either type of vapor incinerator, a continuous monitoring
system to measure and record the daily average concentration of organic
compounds in the exhaust vent stream from the control device. The
organic monitoring system must comply either with Performance
Specification 8 or 9 in 40 CFR part 60, appendix B. The relative
accuracy provision of Performance Specification 8, Sections 2.4 and 3
need not be conducted.
    (iv) For either type of vapor incinerator, a continuous monitoring
system that measures alternative operating parameters other than those
specified in paragraph (f)(3)(i) or (f)(3)(ii) of this section upon
approval of the Administrator as specified in 40 CFR 63.8(f)(1) through
(f)(5) of this part.
    (g) Boilers and process heaters control device requirements.
    (1) The boiler or process heater must achieve the performance
specifications in either paragraph (g)(1)(i), (g)(1)(ii), (g)(1)(iii),
(g)(1)(iv), or (g)(1)(v) of this section.
    (i) Destroy the total organic compounds (TOC), less methane and
ethane, contained in the vent stream introduced into the flame zone of
the boiler or process heater either:
    (A) By 95 percent or more, on a weight-basis, or
    (B) To achieve in the exhausted combustion gases a total
concentration for the TOC, less methane and ethane, of less than or
equal to 20 parts ppmv on a dry basis corrected to 3 percent oxygen.
    (ii) Destroy the HAP listed in Table 1 of this subpart contained in
the vent stream entering the vapor incinerator either:
    (A) By 95 percent or more, on a total HAP weight-basis, or
    (B) To achieve in the exhausted combustion gases a total
concentration for the HAP, listed in Table 1 of the subpart, of less
than or equal to 20 ppmv on a dry basis corrected to 3 percent oxygen.
    (iii) Introduce the vent stream into the flame zone of the boiler or
process heater and maintain the conditions in the combustion chamber at
a residence time of 0.5 seconds or longer and at a temperature of
760 deg.C or higher.
    (iv) Introduce the vent stream with the fuel that provides the
predominate heat input to the boiler or process heater (i.e., the
primary fuel); or
    (v) Introduce the vent stream to a boiler or process heater for
which the owner or operator either has been issued a final permit under
40 CFR part 270 and complies with the requirements of 40 CFR part 266,
subpart H of this chapter; or has certified compliance with the interim
status requirements of 40 CFR part 266, subpart H of this chapter.
    (2) The owner or operator must demonstrate that the boiler or
process heater achieves the performance specifications in paragraph
(g)(1) of this section chosen by the owner or operator using the
applicable method specified in paragraph (g)(2)(i) or (g)(2)(ii) of this
section.

[[Page 127]]

    (i) If an owner or operator chooses to comply with the performance
specifications in either paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii)
of this section, the owner or operator must demonstrate compliance with
the applicable performance specifications by either performing a
performance test as specified in paragraph (g)(2)(i)(A) of this section
or a design analysis as specified in paragraph (g)(2)(i)(B) of this
section.
    (A) An owner or operator choosing to use a performance test to
demonstrate compliance must conduct the test in accordance with the
requirements of Sec. 63.694(l) of this subpart.
    (B) An owner or operator choosing to use a design analysis to
demonstrate compliance must include as part of this design analysis the
following information: description of the vent stream composition,
constituent concentrations, and flow rate; specification of the design
minimum and average flame zone temperatures and combustion zone
residence time; and description of the method and location by which the
vent stream is introduced into the flame zone.
    (ii) If an owner or operator chooses to comply with the performance
specifications in either paragraph (g)(1)(iv) or (g)(1)(v) of this
section, the owner or operator must demonstrate compliance by
maintaining the records that document that the boiler or process heater
is designed and operated in accordance with the applicable requirements
of this section.
    (3) For a boiler or process heater complying with the performance
specifications in either paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii)
of this section, the owner or operator must monitor the operation of a
boiler or process heater in accordance with the requirements of
Sec. 63.695(e) of this subpart using one of the continuous monitoring
systems specified in paragraphs (g)(3)(i) through (g)(3)(iii) of this
section.
    (i) A continuous parameter monitoring system to measure and record
the daily average combustion zone temperature. The accuracy of the
temperature sensor must be 1 percent of the temperature being measured,
expressed in degrees Celsius or 0.5  deg.C, whichever is greater;
    (ii) A continuous monitoring system to measure and record the daily
average concentration of organic compounds in the exhaust vent stream
from the control device. The organic monitoring system must comply
either with Performance Specification 8 or 9 in 40 CFR part 60, appendix
B. The relative accuracy provision of Performance Specification 8,
Sections 2.4 and 3 need not be conducted.
    (iii) A continuous monitoring system that measures alternative
operating parameters other than those specified in paragraph (g)(3)(i)
or (g)(3)(ii) of this section upon approval of the Administrator as
specified in 40 CFR 63.8(f)(1) through (f)(5) of this part.
    (h) Flare control device requirements.
    (1) The flare must be designed and operated in accordance with the
requirements in 40 CFR 63.11(b).
    (2) The owner or operator must demonstrate that the flare achieves
the requirements in paragraph (h)(1) of this section by performing the
procedures specified in paragraph (h)(2)(i) of this section. A previous
compliance demonstration for the flare that meets all of the conditions
specified in paragraph (h)(2)(ii) of this section may be used by an
owner or operator to demonstrate compliance with this paragraph (h)(2).
    (i) To demonstrate that a flare achieves the requirements in
paragraph (h)(1) of this section, the owner or operator performs all of
the procedures specified in paragraphs (h)(2)(i)(A) through (h)(2)(i)(C)
of this section.
    (A) The owner or operator conducts a visible emission test for the
flare in accordance with the requirements specified in 40 CFR
63.11(b)(4).
    (B) The owner or operator determines the net heating value of the
gas being combusted in the flare in accordance with the requirements
specified in 40 CFR 63.11(b)(6); and
    (C) The owner or operator determines the flare exit velocity in
accordance with the requirements applicable to the flare design as
specified in 40 CFR 63.11(b)(7) or 40 CFR 63.11(b)(8).
    (ii) A previous compliance demonstration for the flare may be used
by an owner or operator to demonstrate compliance with paragraph (h)(2)
of

[[Page 128]]

this section provided that all conditions for the compliance
determination and subsequent flare operation are met as specified in
paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this section.
    (A) The owner or operator conducted the compliance determination
using the procedures specified in paragraph (h)(2)(i) of this section.
    (B) No flare operating parameter or process changes have occurred
since completion of the compliance determination which could affect the
compliance determination results.
    (3) The owner or operator must monitor the operation of the flare
using a heat sensing monitoring device (including but not limited to a
thermocouple, ultraviolet beam sensor, or infrared sensor) that
continuously detects the presence of a pilot flame. The owner or
operator must record, for each 1-hour period, whether the monitor was
continuously operating and whether a pilot flame was continuously
present during each hour as required in Sec. 63.696(b)(3) of this
subpart.

[64 FR 38970, July 20, 1999, as amended at 66 FR 1266, Jan. 8, 2001; 68
FR 37351, June 23, 2003]



Sec. 63.694  Testing methods and procedures.

    (a) This section specifies the testing methods and procedures
required for this subpart to perform the following:
    (1) To determine the average VOHAP concentration for off-site
material streams at the point-of-delivery for compliance with standards
specified Sec. 63.683 of this subpart, the testing methods and
procedures are specified in paragraph (b) of this section.
    (2) To determine the average VOHAP concentration for treated off-
site material streams at the point-of-treatment for compliance with
standards specified Sec. 63.684 of this subpart, the testing methods and
procedures are specified in paragraph (c) of this section.
    (3) To determine the treatment process VOHAP concentration limit
(CR) for compliance with standards specified Sec. 63.684 of
this subpart, the testing methods and procedures are specified in
paragraph (d) of this section.
    (4) To determine treatment process required HAP removal rate (RMR)
for compliance with standards specified Sec. 63.684 of this subpart, the
testing methods and procedures are specified in paragraph (e) of this
section.
    (5) To determine treatment process actual HAP removal rate (MR) for
compliance with standards specified Sec. 63.684 of this subpart, the
testing methods and procedures are specified in paragraph (f) of this
section.
    (6) To determine treatment process required HAP reduction efficiency
(R) for compliance with standards specified in Sec. 63.684 of this
subpart, the testing methods and procedures are specified in paragraph
(g) of this section.
    (7) To determine treatment process required HAP biodegradation
efficiency (Rbio) for compliance with standards specified in
Sec. 63.684 of this subpart, the testing methods and procedures are
specified in paragraph (h) of this section.
    (8) To determine treatment process required actual HAP mass removal
rate (MRbio) for compliance with standards specified
inSec. 63.684 of this subpart, the testing methods and procedures are
specified in paragraph (i) of this section.
    (9) To determine maximum organic HAP vapor pressure of off-site
materials in tanks for compliance with the standards specified in
Sec. 63.685 of this subpart, the testing methods and procedures are
specified in paragraph (j) of this section.
    (10) To determine no detectable organic emissions, the testing
methods and procedures are specified in paragraph (k) of this section.
    (11) To determine closed-vent system and control device performance
for compliance with the standards specified in Sec. 63.693 of this
subpart, the testing methods and procedures are specified in paragraph
(l) of this section.
    (12) To determine process vent stream flow rate and total organic
HAP concentration for compliance with the standards specified in
Sec. 63.693 of this subpart, the testing methods and procedures are
specified in paragraph (m) of this section.
    (b) Testing methods and procedures to determine average VOHAP
concentration of an off-site material stream at the point-of-delivery.
    (1) The average VOHAP concentration of an off-site material at the

[[Page 129]]

point-of-delivery shall be determined using either direct measurement as
specified in paragraph (b)(2) of this section or by knowledge as
specified in paragraph (b)(3) of this section.
    (2) Direct measurement to determine VOHAP concentration--(i)
Sampling. Samples of the off-site material stream shall be collected
from the container, pipeline, or other device used to deliver the off-
site material stream to the plant site in a manner such that
volatilization of organics contained in the sample is minimized and an
adequately representative sample is collected and maintained for
analysis by the selected method.
    (A) The averaging period to be used for determining the average
VOHAP concentration for the off-site material stream on a mass-weighted
average basis shall be designated and recorded. The averaging period can
represent any time interval that the owner or operator determines is
appropriate for the off-site material stream but shall not exceed 1
year.
    (B) A sufficient number of samples, but no less than four samples,
shall be collected to represent the complete range of HAP compositions
and HAP quantities that occur in the off-site material stream during the
entire averaging period due to normal variations in the operating
conditions for the source or process generating the off-site material
stream. Examples of such normal variations are seasonal variations in
off-site material quantity or fluctuations in ambient temperature.
    (C) All samples shall be collected and handled in accordance with
written procedures prepared by the owner or operator and documented in a
site sampling plan. This plan shall describe the procedure by which
representative samples of the off-site material stream are collected
such that a minimum loss of organics occurs throughout the sample
collection and handling process and by which sample integrity is
maintained. A copy of the written sampling plan shall be maintained on-
site in the plant site operating records. An example of an acceptable
sampling plan includes a plan incorporating sample collection and
handling procedures in accordance with the requirements specified in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, appendix A.
    (ii) Analysis. Each collected sample must be prepared and analyzed
in accordance with one of the following methods as applicable to the
sampled off-site material for the purpose of measuring the HAP listed in
Table 1 of this subpart:
    (A) Method 305 in 40 CFR part 63, appendix A.
    (B) Method 25D in 40 CFR part 60, appendix A.
    (C) Method 624 in 40 CFR part 136, appendix A. If this method is
used to analyze one or more compounds that are not on the method's
published list of approved compounds, the Alternative Test Procedure
specified in 40 CFR 136.4 and 40 CFR 136.5 must be followed.
    (D) Method 625 in 40 CFR part 136, appendix A. For the purpose of
using this method to comply with this subpart, the owner or operator
must perform corrections to these compounds based on the ``accuracy as
recovery'' using the factors in Table 7 of the method. If this method is
used to analyze one or more compounds that are not on the method's
published list of approved compounds, the Alternative Test Procedure
specified in 40 CFR 136.4 and 40 CFR 136.5 must be followed.
    (E) Method 1624 in 40 CFR part 136, appendix A.
    (F) Method 1625 in 40 CFR part 136, appendix A.
    (G) Method 8260 in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition,
September 1986, as amended by Update I, November 15, 1992. As an
alternative, an owner or operator may use any more recent, updated
version of Method 8260 approved by the EPA. For the purpose of using
Method 8260 to comply with this subpart, the owner or operator must
maintain a formal quality assurance program consistent with section 8 of
Method 8260, and this program must include the following elements
related to measuring the concentrations of volatile compounds:
    (1) Documentation of site-specific procedures to minimize the loss
of

[[Page 130]]

compounds due to volatilization, biodegradation, reaction, or sorption
during the sample collection, storage, and preparation steps.
    (2) Documentation of specific quality assurance procedures followed
during sampling, sample preparation, sample introduction, and analysis.
    (3) Measurement of the average accuracy and precision of the
specific procedures, including field duplicates and field spiking of the
off-site material source before or during sampling with compounds having
similar chemical characteristics to the target analytes.
    (H) Method 8270 in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition,
September 1986, as amended by Update I, November 15, 1992. As an
alternative, an owner or operator may use any more recent, updated
version of Method 8270 approved by the EPA. For the purpose of using
Method 8270 to comply with this subpart, the owner or operator must
maintain a formal quality assurance program consistent with Method 8270,
and this program must include the following elements related to
measuring the concentrations of volatile compounds:
    (1) Documentation of site-specific procedures to minimize the loss
of compounds due to volatilization, biodegradation, reaction, or
sorption during the sample collection, storage, and preparation steps.
    (2) Documentation of specific quality assurance procedures followed
during sampling, sample preparation, sample introduction, and analysis.
    (3) Measurement of the average accuracy and precision of the
specific procedures, including field duplicates and field spiking of the
off-site material source before or during sampling with compounds having
similar chemical characteristics to the target analytes.
    (I) Any other analysis method that has been validated in accordance
with the procedures specified in section 5.1 and section 5.3 and the
corresponding calculations in section 6.1 or section 6.3 of Method 301
in appendix A in 40 CFR part 63. The data are acceptable if they meet
the criteria specified in section 6.1.5 or section 6.3.3 of Method 301.
If correction is required under section 6.3.3 of Method 301, the data
are acceptable if the correction factor is within the range of 0.7 to
1.30. Other sections of Method 301 are not required.
    (iii) Calculations. The average VOHAP concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples
analyzed in accordance with paragraph (b)(2)(ii) of this section and the
following equation. An owner or operator using a test method that
provides species-specific chemical concentrations may adjust the
measured concentrations to the corresponding concentration values which
would be obtained had the off-site material samples been analyzed using
Method 305. To adjust these data, the measured concentration for each
individual HAP chemical species contained in the off-site material is
multiplied by the appropriate species-specific adjustment factor
(fm305) listed in Table 1 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR08JA01.000

Where:

C = Average VOHAP concentration of the off-site material at the point-
          of-delivery on a mass-weighted basis, ppmw.
i = Individual sample ``i'' of the off-site material.
n = Total number of samples of the off-site material collected (at least
          4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of off-site material stream represented by
          Ci, kg/hr.
QT = Total mass quantity of off-site material during the
          averaging period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as
          determined in accordance with the requirements of
          Sec. 63.694(a), ppmw.

    (3) Knowledge of the off-site material to determine VOHAP
concentration.
    (i) Documentation shall be prepared that presents the information
used as the basis for the owner's or operator's knowledge of the off-
site material stream's average VOHAP concentration. Examples of
information that may be used as the basis for knowledge include:
material balances for the source or process generating the off-site
material stream; species-specific chemical test data for the off-site
material stream from previous testing that are still applicable to the
current off-site material stream; previous test

[[Page 131]]

data for other locations managing the same type of off-site material
stream; or other knowledge based on information in documents such as
manifests, shipping papers, or waste certification notices.
    (ii) If test data are used as the basis for knowledge, then the
owner or operator shall document the test method, sampling protocol, and
the means by which sampling variability and analytical variability are
accounted for in the determination of the average VOHAP concentration.
For example, an owner or operator may use HAP concentration test data
for the off-site material stream that are validated in accordance with
Method 301 in 40 CFR part 63, appendix A of this part as the basis for
knowledge of the off-site material.
    (iii) An owner or operator using species-specific chemical
concentration test data as the basis for knowledge of the off-site
material may adjust the test data to the corresponding average VOHAP
concentration value which would be obtained had the off-site material
samples been analyzed using Method 305. To adjust these data, the
measured concentration for each individual HAP chemical species
contained in the off-site material is multiplied by the appropriate
species-specific adjustment factor (fm305) listed in Table 1
of this subpart.
    (iv) In the event that the Administrator and the owner or operator
disagree on a determination of the average VOHAP concentration for an
off-site material stream using knowledge, then the results from a
determination of VOHAP concentration using direct measurement as
specified in paragraph (b)(2) of this section shall be used to establish
compliance with the applicable requirements of this subpart. The
Administrator may perform or request that the owner or operator perform
this determination using direct measurement.
    (c) Determination of average VOHAP concentration of an off-site
material stream at the point-of-treatment.
    (1) Sampling. Samples of the off-site material stream shall be
collected at the point-of-treatment in a manner such that volatilization
of organics contained in the sample is minimized and an adequately
representative sample is collected and maintained for analysis by the
selected method.
    (i) The averaging period to be used for determining the average
VOHAP concentration for the off-site material stream on a mass-weighted
average basis shall be designated and recorded. The averaging period can
represent any time interval that the owner or operator determines is
appropriate for the off-site material stream but shall not exceed 1
year.
    (ii) A sufficient number of samples, but no less than four samples,
shall be collected to represent the complete range of HAP compositions
and HAP quantities that occur in the off-site material stream during the
entire averaging period due to normal variations in the operating
conditions for the treatment process. Examples of such normal variations
are seasonal variations in off-site material quantity or fluctuations in
ambient temperature.
    (iii) All samples shall be collected and handled in accordance with
written procedures prepared by the owner or operator and documented in a
site sampling plan. This plan shall describe the procedure by which
representative samples of the off-site material stream are collected
such that a minimum loss of organics occurs throughout the sample
collection and handling process and by which sample integrity is
maintained. A copy of the written sampling plan shall be maintained on-
site in the plant site operating records. An example of an acceptable
sampling plan includes a plan incorporating sample collection and
handling procedures in accordance with the requirements specified in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, appendix A.
    (2) Analysis. Each collected sample must be prepared and analyzed in
accordance with one of the methods specified in paragraphs (b)(2)(ii)(A)
through (b)(2)(ii)(I) of this section, as applicable to the sampled off-
site material, for the purpose of measuring the HAP listed in Table 1 of
this subpart.
    (3) Calculations. The average VOHAP concentration (C) a mass-
weighted basis shall be calculated by using the

[[Page 132]]

results for all samples analyzed in accordance with paragraph (c)(2) of
this section and the following equation. An owner or operator using a
test method that provides species-specific chemical concentrations may
adjust the measured concentrations to the corresponding concentration
values which would be obtained had the off-site material samples been
analyzed using Method 305. To adjust these data, the measured
concentration for each individual HAP chemical species contained in the
off-site material is multiplied by the appropriate species-specific
adjustment factor (fm305) listed in Table 1 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR20JY99.001

Where:

C = Average VOHAP concentration of the off-site material on a mass-
          weighted basis, ppmw.
i = Individual sample ``i'' of the off-site material.
n = Total number of samples of the off-site material collected (at least
          4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of off-site material stream represented by
          Ci, kg/hr.
QT = Total mass quantity of off-site material during the
          averaging period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as
          determined in accordance with the requirements of
          Sec. 63.694(a), ppmw.

    (d) Determination of treatment process VOHAP concentration limit
(CR). (1) All of the off-site material streams entering the
treatment process shall be identified.
    (2) The average VOHAP concentration of each off-site material stream
at the point-of-delivery shall be determined using the procedures
specified in paragraph (b) of this section.
    (3) The VOHAP concentration limit (CR) shall be
calculated by using the results determined for each individual off-site
material stream and the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.039

where:

CR = VOHAP concentration limit, ppmw.
x=Individual off-site material stream ``x'' that has a VOHAP
          concentration less than 500 ppmw at the point-of-delivery.
y=Individual off-site material stream ``y'' that has a VOHAP
          concentration equal to or greater than 500 ppmw at the point-
          of-delivery.
m=Total number of ``x'' off-site material streams treated by process.
n=Total number of ``y'' off-site material streams treated by process.
Qx = Total mass quantity of off-site material stream ``x'',
          kg/yr.
Qy = Total mass quantity of off-site material stream ``y'',
          kg/yr.
Cx = VOHAP concentration of off-site material stream ``x'' at
          the point-of-delivery, ppmw.

    (e) Determination of required HAP mass removal rate (RMR).
    (1) Each individual stream containing HAP that enters the treatment
process shall be identified.
    (2) The average VOHAP concentration at the point-of-delivery for
each stream identified in paragraph (e)(1) of this section shall be
determined using the test methods and procedures specified in paragraph
(b) of this section.
    (3) For each stream identified in paragraph (e)(1) of this section
that has an average VOHAP concentration equal to or greater than 500
ppmw at the point-of-delivery, the average volumetric flow rate and the
density of the off-site material stream at the point-of-delivery shall
be determined.
    (4) The required HAP mass removal rate (RMR) shall be calculated by
using the average VOHAP concentration, average volumetric flow rate, and
density

[[Page 133]]

determined in paragraph (e)(3) of this section for each stream and the
following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.002

Where:

RMR = Required HAP mass removal rate, kg/hr.
y = Individual stream ``y'' that has a VOHAP concentration equal to or
          greater than 500 ppmw at the point-of-delivery as determined
          in Sec. 63.694(b).
n = Total number of ``y'' streams treated by process.
Vy = Average volumetric flow rate of stream ``y'' at the
          point-of-delivery, m\3\/hr.
ky = Density of stream ``y'', kg/m\3\.
Cy = Average VOHAP concentration of stream ``y'' at the
          point-of-delivery as determined in Sec. 63.694(b)(2), ppmw.

    (f) Determination of actual HAP mass removal rate (MR).
    (1) The actual HAP mass removal rate (MR) shall be determined based
on results for a minimum of three consecutive runs. The sampling time
for each run shall be 1 hour.
    (2) The HAP mass flow entering the process (Eb) and the
HAP mass flow exiting the process (Ea) shall be determined
using the test methods and procedures specified in paragraphs (g)(2)
through (g)(4) of this section.
    (3) The actual mass removal rate shall be calculated using the HAP
mass flow rates determined in paragraph (f)(2) of this section and the
following equation:

MR = Eb-Ea

where:

    MR = Actual HAP mass removal rate, kg/hr.
    Eb = HAP mass flow entering process as determined in
paragraph (f)(2) of this section, kg/hr.
    Ea = HAP mass flow exiting process as determined in
paragraph (f)(2) of this section, kg/hr.

    (g) Determination of treatment process HAP reduction efficiency (R).
    (1) The HAP reduction efficiency (R) for a treatment process shall
be determined based on results for a minimum of three consecutive runs.
    (2) Each individual stream containing HAP that enters the treatment
process shall be identified. Each individual stream containing HAP that
exits the treatment process shall be identified. The owner or operator
shall prepare a sampling plan for measuring the identified streams that
accurately reflects the retention time of the material in the process.
    (3) For each run, information shall be determined for each stream
identified in paragraph (g)(2) of this section as specified in
paragraphs (g)(3)(i) through (g)(3)(iii) of this section.
    (i) The mass quantity shall be determined for each stream identified
in paragraph (g)(2) of this section as entering the process
(Qb). The mass quantity shall be determined for each stream
identified in paragraph (g)(2) of this section as exiting the process
(Qa).
    (ii) The average VOHAP concentration at the point-of-delivery shall
be determined for each stream entering the process (Cb) (as
identified in paragraph (g)(2) of this section) using the test methods
and procedures specified in paragraph (b) of this section.
    (iii) The average VOHAP concentration at the point-of-treatment
shall be determined for each stream exiting the process (Ca)
(as identified in paragraph (g)(2) of this section) using the test
methods and procedures specified in paragraph (c) of this section.
    (4) The HAP mass flow entering the process (Eb) and the
HAP mass flow exiting the process (Ea) shall be calculated
using the results determined in paragraph (g)(3) of this section and the
following equations:
[GRAPHIC] [TIFF OMITTED] TR20JY99.003

Where:

Eb = HAP mass flow entering process, kg/hr.
Ea = HAP mass flow exiting process, kg/hr.
m = Total number of runs (at least 3)
j = Individual run ``j''
Qbj = Mass quantity of material entering process during run
          ``j'', kg/hr.
Qaj = Average mass quantity of material exiting process
          during run ``j'', kg/hr.
Caj = Average VOHAP concentration of material exiting process
          during run ``j'' as determined in Sec. 63.694(c), ppmw.

[[Page 134]]

Cbj = Average VOHAP concentration of material entering
          process during run ``j'' as determined in Sec. 63.694(b)(2),
          ppmw.

    (5) The HAP reduction efficiency (R) shall be calculated using the
HAP mass flow rates determined in paragraph (g)(4) of this section and
the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.004

Where:

R = HAP reduction efficiency, percent.
Eb = HAP mass flow entering process as determined in
          paragraph (g)(4) of this section, kg/hr.
Ea = HAP mass flow exiting process as determined in
          accordance with the requirements of paragraph (g)(4) of this
          section, kg/hr.

    (h) Determination of HAP biodegradation efficiency
(Rbio).
    (1) The fraction of HAP biodegraded (Fbio) shall be
determined using one of the procedures specified in appendix C of this
part 63.
    (2) The HAP biodegradation efficiency (Rbio) shall be
calculated by using the following equation:

Rbio-Fbiox100

where:

Rbio = HAP biodegradation efficiency, percent.
Fbio = Fraction of HAP biodegraded as determined in paragraph
          (h)(1) of this section.

    (i) Determination of actual HAP mass removal rate
(MRbio).
    (1) The actual HAP mass removal rate (MRbio) shall be
determined based on results for a minimum of three consecutive runs. The
sampling time for each run shall be 1 hour.
    (2) The HAP mass flow entering the process (Eb) shall be
determined using the test methods and procedures specified in paragraphs
(g)(2) through (g)(4) of this section.
    (3) The fraction of HAP biodegraded (Fbio) shall be
determined using the procedure specified in 40 CFR part 63, appendix C
of this part.
    (4) The actual mass removal rate shall be calculated by using the
HAP mass flow rates and fraction of HAP biodegraded determined in
paragraphs (i)(2) and (i)(3), respectively, of this section and the
following equation:

MRbio = E\b\xFbio

Where:

MRbio = Actual HAP mass removal rate, kg/hr.
Eb = HAP mass flow entering process, kg/hr.
Fbio = Fraction of HAP biodegraded.

    (j) Determination of maximum HAP vapor pressure for off-site
material in a tank. (1) The maximum HAP vapor pressure of the off-site
material composition managed in a tank shall be determined using either
direct measurement as specified in paragraph (j)(2) of this section or
by knowledge of the off-site material as specified by paragraph (j)(3)
of this section.
    (2) Direct measurement to determine the maximum HAP vapor pressure
of an off-site material.
    (i) Sampling. A sufficient number of samples shall be collected to
be representative of the off-site material contained in the tank. All
samples shall be collected and handled in accordance with written
procedures prepared by the owner or operator and documented in a site
sampling plan. This plan shall describe the procedure by which
representative samples of the off-site material is collected such that a
minimum loss of organics occurs throughout the sample collection and
handling process and by which sample integrity is maintained. A copy of
the written sampling plan shall be maintained on-site in the plant site
operating records. An example of an acceptable sampling plan includes a
plan incorporating sample collection and handling procedures in
accordance with the requirements specified in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No.
SW-846 or Method 25D in 40 CFR part 60, appendix A.
    (ii) Analysis. Any one of the following methods may be used to
analyze the samples and compute the maximum HAP vapor pressure of the
off-site material:
    (A) Method 25E in 40 CFR part 60 appendix A;
    (B) Methods described in American Petroleum Institute Bulletin 2517,
``Evaporation Loss from External Floating Roof Tanks,'';
    (C) Methods obtained from standard reference texts;
    (D) ASTM Method 2879-83; or

[[Page 135]]

    (E) Any other method approved by the Administrator.
    (3) Use of knowledge to determine the maximum HAP vapor pressure of
the off-site material. Documentation shall be prepared and recorded that
presents the information used as the basis for the owner's or operator's
knowledge that the maximum HAP vapor pressure of the off-site material
is less than the maximum vapor pressure limit listed in Table 3 or Table
4 of this subpart for the applicable tank design capacity category.
Examples of information that may be used include: the off-site material
is generated by a process for which at other locations it previously has
been determined by direct measurement that the off-site material maximum
HAP vapor pressure is less than the maximum vapor pressure limit for the
appropriate tank design capacity category.
    (k) Procedure for determining no detectable organic emissions for
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to: the interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the unit contains a material
having a total organic concentration representative of the range of
concentrations for the materials expected to be managed in the unit.
During the test, the cover and closure devices shall be secured in the
closed position.
    (3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the material placed
in the unit, not for each individual organic constituent.
    (4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane in air at a concentration of
approximately, but less than, 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the
detection instrument readings to account for the background organic
concentration level. If an owner or operator chooses to adjust the
instrument readings for the background level, the background level value
must be determined according to the procedures in Method 21 of 40 CFR
part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing the
instrument probe around the potential leak interface as close to the
interface as possible, as described in Method 21. In the case when the
configuration of the cover or closure device prevents a complete
traverse of the interface, all accessible portions of the interface
shall be sampled. In the case when the configuration of the closure
device prevents any sampling at the interface and the device is equipped
with an enclosed extension or horn (e.g., some pressure relief devices),
the instrument probe inlet shall be placed at approximately the center
of the exhaust area to the atmosphere.
    (8) An owner or operator must determine if a potential leak
interface operates with no detectable emissions using the applicable
procedure specified in paragraph (k)(8)(i) or (k)(8)(ii) of this
section.
    (i) If an owner or operator chooses not to adjust the detection
instrument readings for the background organic concentration level, then
the maximum organic concentration value measured by the detection
instrument is compared directly to the applicable value for the
potential leak interface as specified in paragraph (k)(9) of this
section.

[[Page 136]]

    (ii) If an owner or operator chooses to adjust the detection
instrument readings for the background organic concentration level, the
value of the arithmetic difference between the maximum organic
concentration value measured by the instrument and the background
organic concentration value as determined in paragraph (k)(6) of this
section is compared with the applicable value for the potential leak
interface as specified in paragraph (k)(9) of this section.
    (9) A potential leak interface is determined to operate with no
detectable emissions using the applicable criteria specified in
paragraphs (k)(9)(i) and (k)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft
that passes through a cover opening, the potential leak interface is
determined to operate with no detectable organic emissions if the
organic concentration value determined in paragraph (k)(8) is less than
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening,
the potential leak interface is determined to operate with no detectable
organic emissions if the organic concentration value determined in
paragraph (k)(8) is less than 10,000 ppmv.
    (l) Control device performance test procedures.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites at the inlet and
outlet of the control device.
    (i) To determine compliance with a control device percent reduction
requirement, sampling sites shall be located at the inlet of the control
device as specified in paragraphs (l)(1)(i)(A) and (l)(1)(i)(B) of this
section, and at the outlet of the control device.
    (A) The control device inlet sampling site shall be located after
the final product recovery device.
    (B) If a vent stream is introduced with the combustion air or as an
auxiliary fuel into a boiler or process heater, the location of the
inlet sampling sites shall be selected to ensure that the measurement of
total HAP concentration or TOC concentration, as applicable, includes
all vent streams and primary and secondary fuels introduced into the
boiler or process heater.
    (ii) To determine compliance with an enclosed combustion device
concentration limit, the sampling site shall be located at the outlet of
the device.
    (2) The gas volumetric flow rate shall be determined using Method 2,
2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (3) To determine compliance with the control device percent
reduction requirement, the owner or operator shall use Method 18 of 40
CFR part 60, appendix A of this chapter; alternatively, any other method
or data that has been validated according to the applicable procedures
in Method 301 in 40 CFR part 63, appendix A of this part may be used.
The following procedures shall be used to calculate percent reduction
efficiency:
    (i) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or a minimum of four grab samples shall be
taken. If grab sampling is used, then the samples shall be taken at
approximately equal intervals in time such as 15 minute intervals during
the run.
    (ii) The mass rate of either TOC (minus methane and ethane) or total
HAP (Ei and Eo ,respectively) shall be computed.
    (A) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR08JA01.001

Where:

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

[[Page 137]]

K2 = Constant, 2.494x10 -6 (parts per million)
          -1 (gram-mole per standard cubic meter) (kilogram/
          gram) (minute/hour), where standard temperature (gram-mole per
          standard cubic meter) is 20  deg.C.

    (B) When the TOC mass rate is calculated, all organic compounds
(minus methane and ethane) measured by Method 18 of 40 CFR part 60,
appendix A shall be summed using the equation in paragraph (l)(3)(ii)(A)
of this section.
    (C) When the total HAP mass rate is calculated, only the HAP
constituents shall be summed using the equation in paragraph
(l)(3)(ii)(A) of this section.
    (iii) The percent reduction in TOC (minus methane and ethane) or
total HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR01JY96.045

where:

Rcd = Control efficiency of control device, percent.
Ei = Mass rate of TOC (minus methane and ethane) or total HAP
          at the inlet to the control device as calculated under
          paragraph (l)(3)(ii) of this section, kilograms TOC per hour
          or kilograms HAP per hour.
Eo = Mass rate of TOC (minus methane and ethane) or total HAP
          at the outlet of the control device, as calculated under
          paragraph (l)(3)(ii) of this section, kilograms TOC per hour
          or kilograms HAP per hour.

    (iv) If the vent stream entering a boiler or process heater is
introduced with the combustion air or as a secondary fuel, the weight-
percent reduction of total HAP or TOC (minus methane and ethane) across
the device shall be determined by comparing the TOC (minus methane and
ethane) or total HAP in all combusted vent streams and primary and
secondary fuels with the TOC (minus methane and ethane) or total HAP
exiting the device, respectively.
    (4) To determine compliance with the enclosed combustion device
total HAP concentration limit of this subpart, the owner or operator
shall use Method 18 of 40 CFR part 60, appendix A to measure either TOC
(minus methane and ethane) or total HAP. Alternatively, any other method
or data that has been validated according to Method 301 in appendix A of
this part, may be used. The following procedures shall be used to
calculate parts per million by volume concentration, corrected to 3
percent oxygen:
    (i) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or a minimum of four grab samples shall be
taken. If grab sampling is used, then the samples shall be taken at
approximately equal intervals in time, such as 15 minute intervals
during the run.
    (ii) The TOC concentration or total HAP concentration shall be
calculated according to paragraph (m)(4)(ii)(A) or (m)(4)(ii)(B) of this
section.
    (A) The TOC concentration (CTOC) is the sum of the
concentrations of the individual components and shall be computed for
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.046

where:

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

    (B) The total HAP concentration (CHAP) shall be computed
according to the equation in paragraph (l)(4)(ii)(A) of this section
except that only HAP constituents shall be summed.
    (iii) The measured TOC concentration or total HAP concentration
shall be corrected to 3 percent oxygen as follows:
    (A) The emission rate correction factor or excess air, integrated
sampling and analysis procedures of Method 3B of 40 CFR part 60,
appendix A shall be used to determine the oxygen concentration
(%O2dry). The samples shall be collected during the same time
that the samples are collected for determining TOC concentration or
total HAP concentration.
    (B) The concentration corrected to 3 percent oxygen (Cc)
shall be computed using the following equation:

[[Page 138]]

[GRAPHIC] [TIFF OMITTED] TR01JY96.047

where:

Cc = TOC concentration or total HAP concentration corrected
          to 3 percent oxygen, dry basis, parts per million by volume.
Cm = Measured TOC concentration or total HAP concentration,
          dry basis, parts per million by volume.
%O2dry = Concentration of oxygen, dry basis, percent by
          volume.

    (m) Determination of process vent stream flow rate and total HAP
concentration.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate,
must be used for selection of the sampling site.
    (2) No traverse site selection method is needed for vents smaller
than 0.10 meter in diameter.
    (3) Process vent stream gas volumetric flow rate must be determined
using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as
appropriate.
    (4) Process vent stream total HAP concentration must be measured
using the following procedures:
    (i) Method 18 of 40 CFR part 60, appendix A, must be used to measure
the total HAP concentration. Alternatively, any other method or data
that has been validated according to the protocol in Method 301 of
appendix A of this part may be used.
    (ii) Where Method 18 of 40 CFR part 60, appendix A, is used, the
following procedures must be used to calculate parts per million by
volume concentration:
    (A) The minimum sampling time for each run must be 1 hour in which
either an integrated sample or four grab samples must be taken. If grab
sampling is used, then the samples must be taken at approximately equal
intervals in time, such as 15 minute intervals during the run.
    (B) The total HAP concentration (CHAP) must be computed
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.005

Where:

CHAP = Total concentration of HAP compounds listed in Table 1
          of this subpart, dry basis, parts per million by volume.
Cji = Concentration of sample component j of the sample i,
          dry basis, parts per million by volume.
n = Number of components in the sample.
x = Number of samples in the sample run.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38974, July 20, 1999; 66
FR 1267, Jan. 8, 2001]



Sec. 63.695  Inspection and monitoring requirements.

    (a) This section specifies the inspection and monitoring procedures
required to perform the following:
    (1) To inspect tank fixed roofs and floating roofs for compliance
with the Tank Level 2 controls standards specified in Sec. 63.685 of
this subpart, the inspection procedures are specified in paragraph (b)
of this section.
    (2) To inspect and monitor closed-vent systems for compliance with
the standards specified in Sec. 63.693 of this subpart, the inspection
and monitoring procedures are specified in paragraph (c) of this
section.
    (3) To inspect and monitor transfer system covers for compliance
with the standards specified in Sec. 63.689(c)(1) of this subpart, the
inspection and monitoring procedures are specified in paragraph (d) of
this section.
    (4) To monitor and record off-site material treatment processes for
compliance with the standards specified in 63.684(e), the monitoring
procedures are specified in paragraph (e) of this section.
    (b) Tank Level 2 fixed roof and floating roof inspection
requirements.
    (1) Owners and operators that use a tank equipped with an internal
floating roof in accordance with the provisions of Sec. 63.685(e) of
this subpart shall meet the following inspection requirements:
    (i) The floating roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions. Defects include, but are not limited to, the
internal floating roof is not floating on the surface of the liquid
inside the tank; liquid has accumulated on top of the internal floating
roof; any portion of the roof seals have detached from the roof rim;
holes, tears, or other

[[Page 139]]

openings are visible in the seal fabric; the gaskets no longer close off
the waste surfaces from the atmosphere; or the slotted membrane has more
than 10 percent open area.
    (ii) The owner or operator shall inspect the internal floating roof
components as follows except as provided for in paragraph (b)(1)(iii) of
this section:
    (A) Visually inspect the internal floating roof components through
openings on the fixed-roof (e.g., manholes and roof hatches) at least
once every calendar year after initial fill, and
    (B) Visually inspect the internal floating roof, primary seal,
secondary seal (if one is in service), gaskets, slotted membranes, and
sleeve seals (if any) each time the tank is emptied and degassed and at
least every 10 years. Prior to each inspection, the owner or operator
shall notify the Administrator in accordance with the reporting
requirements specified in Sec. 63.697 of this subpart.
    (iii) As an alternative to performing the inspections specified in
paragraph (b)(1)(ii) of this section for an internal floating roof
equipped with two continuous seals mounted one above the other, the
owner or operator may visually inspect the internal floating roof,
primary and secondary seals, gaskets, slotted membranes, and sleeve
seals (if any) each time the tank is emptied and degassed and at least
every 5 years. Prior to each inspection, the owner or operator shall
notify the Administrator in accordance with the reporting requirements
specified in Sec. 63.697 of this subpart.
    (iv) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of paragraph
(b)(4) of this section.
    (v) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.696 of this
subpart.
    (2) Owners and operators that use a tank equipped with an external
floating roof in accordance with the provisions of Sec. 63.685(f) of
this subpart shall meet the following requirements:
    (i) The owner or operator shall measure the external floating roof
seal gaps in accordance with the following requirements:
    (A) The owner or operator shall perform measurements of gaps between
the tank wall and the primary seal within 60 days after initial
operation of the tank following installation of the floating roof and,
thereafter, at least once every 5 years. Prior to each inspection, the
owner or operator shall notify the Administrator in accordance with the
reporting requirements specified in Sec. 63.697 of this subpart.
    (B) The owner or operator shall perform measurements of gaps between
the tank wall and the secondary seal within 60 days after initial
operation of the separator following installation of the floating roof
and, thereafter, at least once every year. Prior to each inspection, the
owner or operator shall notify the Administrator in accordance with the
reporting requirements specified in Sec. 63.697 of this subpart.
    (C) If a tank ceases to hold off-site material for a period of 1
year or more, subsequent introduction of off-site material into the tank
shall be considered an initial operation for the purposes of paragraphs
(b)(2)(i)(A) and (b)(2)(i)(B) of this section.
    (D) The owner shall determine the total surface area of gaps in the
primary seal and in the secondary seal individually using the following
procedure.
    (1) The seal gap measurements shall be performed at one or more
floating roof levels when the roof is floating off the roof supports.
    (2) Seal gaps, if any, shall be measured around the entire perimeter
of the floating roof in each place where a 0.32-centimeter (cm) (\1/8\-
inch) diameter uniform probe passes freely (without forcing or binding
against the seal) between the seal and the wall of the tank and measure
the circumferential distance of each such location.
    (3) For a seal gap measured under paragraph (b)(2) of this section,
the gap surface area shall be determined by using probes of various
widths to measure accurately the actual distance from the tank wall to
the seal and multiplying each such width by its respective
circumferential distance.
    (4) The total gap area shall be calculated by adding the gap surface
areas

[[Page 140]]

determined for each identified gap location for the primary seal and the
secondary seal individually, and then dividing the sum for each seal
type by the nominal diameter of the tank. These total gap areas for the
primary seal and secondary seal are then compared to the respective
standards for the seal type as specified in Sec. 63.685(f)(1) of this
subpart.
    (E) In the event that the seal gap measurements do not conform to
the specifications in Sec. 63.685(f)(1) of this subpart, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (b)(4) of this section.
    (F) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.696 of this
subpart.
    (ii) The owner or operator shall visually inspect the external
floating roof in accordance with the following requirements:
    (A) The floating roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions. Defects include, but are not limited to: holes,
tears, or other openings in the rim seal or seal fabric of the floating
roof; a rim seal detached from the floating roof; all or a portion of
the floating roof deck being submerged below the surface of the liquid
in the tank; broken, cracked, or otherwise damaged seals or gaskets on
closure devices; and broken or missing hatches, access covers, caps, or
other closure devices.
    (B) The owner or operator shall perform the inspections following
installation of the external floating roof and, thereafter, at least
once every year.
    (C) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of paragraph
(b)(4) of this section.
    (D) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.696(d) of this
subpart.
    (3) Owners and operators that use a tank equipped with a fixed roof
in accordance with the provisions of Sec. 63.685(g) of this subpart
shall meet the following requirements:
    (i) The fixed roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions. Defects include, but are not limited to,
visible cracks, holes, or gaps in the roof sections or between the roof
and the separator wall; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices. In the case when a tank is
buried partially or entirely underground, inspection is required only
for those portions of the cover that extend to or above the ground
surface, and those connections that are on such portions of the cover
(e.g., fill ports, access hatches, gauge wells, etc.) and can be opened
to the atmosphere.
    (ii) The owner or operator must perform an initial inspection
following installation of the fixed roof. Thereafter, the owner or
operator must perform the inspections at least once every calendar year
except as provided for in paragraph (f) of this section.
    (iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of paragraph
(b)(4) of this section.
    (iv) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.696(e) of this
subpart.
    (4) The owner or operator shall repair each defect detected during
an inspection performed in accordance with the requirements of paragraph
(b)(1), (b)(2), or (b)(3) of this section in the following manner:
    (i) The owner or operator shall within 45 calendar days of detecting
the defect either repair the defect or empty the tank and remove it from
service. If within this 45-day period the defect cannot be repaired or
the tank cannot be removed from service without disrupting operations at
the plant site, the owner or operator is allowed two 30-day extensions.
In cases when an owner or operator elects to use a 30-day extension, the
owner or operator shall prepare and maintain documentation describing
the defect, explaining why alternative storage capacity is not
available, and specify a schedule of actions that will ensure that the
control

[[Page 141]]

equipment will be repaired or the tank emptied as soon as possible.
    (ii) When a defect is detected during an inspection of a tank that
has been emptied and degassed, the owner or operator shall repair the
defect before refilling the tank.
    (c) Owners and operators that use a closed-vent system in accordance
with the provisions of Sec. 63.693 of this subpart shall meet the
following inspection and monitoring requirements:
    (1) Each closed-vent system that is used to comply with
Sec. 63.693(c)(1)(i) of this subpart shall be inspected and monitored in
accordance with the following requirements:
    (i) At initial startup, the owner or operator shall monitor the
closed-vent system components and connections using the procedures
specified in Sec. 63.694(k) of this subpart to demonstrate that the
closed-vent system operates with no detectable organic emissions.
    (ii) After initial startup, the owner or operator shall inspect and
monitor the closed-vent system as follows:
    (A) Closed-vent system joints, seams, or other connections that are
permanently or semi-permanently sealed (e.g., a welded joint between two
sections of hard piping or a bolted and gasketed ducting flange) shall
be visually inspected at least once per year to check for defects that
could result in air emissions. The owner or operator shall monitor a
component or connection using the procedures specified in Sec. 63.694(k)
of this subpart to demonstrate that it operates with no detectable
organic emissions following any time the component is repaired or
replaced (e.g., a section of damaged hard piping is replaced with new
hard piping) or the connection is unsealed (e.g., a flange is unbolted).
    (B) Closed-vent system components or connections other than those
specified in paragraph (c)(1)(ii)(A) of this section, shall be monitored
at least once per year using the procedures specified in Sec. 63.694(k)
of this subpart to demonstrate that components or connections operate
with no detectable organic emissions.
    (C) The continuous monitoring system required by
Sec. 63.693(b)(4)(i) shall monitor and record either an instantaneous
data value at least once every 15 minutes or an average value for
intervals of 15 minutes or less.
    (D) The owner or operator shall visually inspect the seal or closure
mechanism required by Sec. 63.693(c)(2)(ii) at least once every month to
verify that the bypass mechanism is maintained in the closed position.
    (iii) In the event that a defect or leak is detected, the owner or
operator shall repair the defect or leak in accordance with the
requirements of paragraph (c)(3) of this section.
    (iv) The owner or operator shall maintain a record of the inspection
and monitoring in accordance with the requirements specified in
Sec. 63.696 of this subpart.
    (2) Each closed-vent system that is used to comply with
Sec. 63.693(c)(1)(ii) of this subpart shall be inspected and monitored
in accordance with the following requirements:
    (i) The closed-vent system shall be visually inspected by the owner
or operator to check for defects that could result in air emissions.
Defects include, but are not limited to, visible cracks, holes, or gaps
in ductwork or piping; loose connections; or broken or missing caps or
other closure devices.
    (ii) The owner or operator must perform an initial inspection
following installation of the closed-vent system. Thereafter, the owner
or operator must perform the inspections at least once every calendar
year except as provided for in paragraph (f) of this section.
    (iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of paragraph
(c)(3) of this section.
    (iv) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.696 of this
subpart.
    (3) The owner or operator shall repair all detected defects as
follows:
    (i) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after detection and repair shall be
completed as soon as possible but no later than 45 calendar days after
detection.
    (ii) Repair of a defect may be delayed beyond 45 calendar days if
either of the conditions specified in paragraph

[[Page 142]]

(c)(3)(ii)(A) or (c)(3)(ii)(B) occurs. In this case, the owner or
operator must repair the defect the next time the process or unit that
vents to the closed-vent system is shutdown. Repair of the defect must
be completed before the process or unit resumes operation.
    (A) Completion of the repair is technically infeasible without the
shutdown of the process or unit that vents to the closed-vent system.
    (B) The owner or operator determines that the air emissions
resulting from the repair of the defect within the specified period
would be greater than the fugitive emissions likely to result by
delaying the repair until the next time the process or unit that vents
to the closed-vent system is shutdown.
    (iii) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in Sec. 63.696 of
this subpart.
    (d) Owners and operators that use a transfer system equipped with a
cover in accordance with the provisions of Sec. 63.689(c)(1) of this
subpart shall meet the following inspection requirements:
    (1) The cover and its closure devices shall be visually inspected by
the owner or operator to check for defects that could result in air
emissions. Defects include, but are not limited to, visible cracks,
holes, or gaps in the cover sections or between the cover and its
mounting; broken, cracked, or otherwise damaged seals or gaskets on
closure devices; and broken or missing hatches, access covers, caps, or
other closure devices. In the case when a transfer system is buried
partially or entirely underground, inspection is required only for those
portions of the cover that extend to or above the ground surface, and
those connections that are on such portions of the cover (e.g., access
hatches, etc.) and can be opened to the atmosphere.
    (2) The owner or operator must perform an initial inspection
following installation of the cover. Thereafter, the owner or operator
must perform the inspections at least once every calendar year except as
provided for in paragraph (f) of this section.
    (3) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of paragraph
(d)(5) of this section.
    (4) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.696 of this
subpart.
    (5) The owner or operator shall repair all detected defects as
follows:
    (i) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after detection and repair shall be
completed as soon as possible but no later than 45 calendar days after
detection except as provided in paragraph (d)(5)(ii) of this section.
    (ii) Repair of a defect may be delayed beyond 45 calendar days if
the owner or operator determines that repair of the defect requires
emptying or temporary removal from service of the transfer system and no
alternative transfer system is available at the site to accept the
material normally handled by the system. In this case, the owner or
operator shall repair the defect the next time the process or unit that
is generating the material handled by the transfer system stops
operation. Repair of the defect must be completed before the process or
unit resumes operation.
    (iii) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in Sec. 63.696 of
this subpart.
    (e) Control device monitoring requirements. For each control device
required under Sec. 63.693 of this subpart to be monitored in accordance
with the provisions of this paragraph (e), the owner or operator must
ensure that each control device operates properly by monitoring the
control device in accordance with the requirements specified in
paragraphs (e)(1) through (e)(7) of this section.
    (1) A continuous parameter monitoring system must be used to measure
the operating parameter or parameters specified for the control device
in Sec. 63.693(d) through Sec. 63.693(g) of this subpart as applicable
to the type and design of the control device. The continuous parameter
monitoring system must meet the following specifications and
requirements:
    (i) The continuous parameter monitoring system must measure either
an instantaneous value at least once every

[[Page 143]]

15 minutes or an average value for intervals of 15 minutes or less and
continuously record either:
    (A) Each measured data value; or
    (B) Each block average value for each 1-hour period or shorter
periods calculated from all measured data values during each period. If
values are measured more frequently than once per minute, a single value
for each minute may be used to calculate the hourly (or shorter period)
block average instead of all measured values.
    (ii) The monitoring system must be installed, calibrated, operated,
and maintained in accordance with the manufacturer's specifications or
other written procedures that provide reasonable assurance that the
monitoring equipment is operating properly.
    (2) Using the data recorded by the monitoring system, the owner or
operator must calculate the daily average value for each monitored
operating parameter for each operating day. If operation of the control
device is continuous, the operating day is a 24-hour period. If control
device operation is not continuous, the operating day is the total
number of hours of control device operation per 24-hour period. Valid
data points must be available for 75 percent of the operating hours in
an operating day to compute the daily average.
    (3) For each monitored operating parameter, the owner or operator
must establish a minimum operating parameter value or a maximum
operating parameter value, as appropriate, to define the range of
conditions at which the control device must be operated to continuously
achieve the applicable performance requirements specified in
Sec. 63.693(b)(2) of this subpart. Each minimum or maximum operating
parameter value must be established in accordance with the requirements
in paragraphs (e)(3)(i) and (e)(3)(ii) of this section.
    (i) If the owner or operator conducts a performance test to
demonstrate control device performance, then the minimum or maximum
operating parameter value must be established based on values measured
during the performance test and supplemented, as necessary, by the
control device design specifications, manufacturer recommendations, or
other applicable information.
    (ii) If the owner or operator uses a control device design analysis
to demonstrate control device performance, then the minimum or maximum
operating parameter value must be established based on the control
device design analysis and supplemented, as necessary, by the control
device manufacturer recommendations or other applicable information.
    (4) An excursion for a given control device is determined to have
occurred when the monitoring data or lack of monitoring data result in
any one of the criteria specified in paragraphs (e)(4)(i) through
(e)(4)(iii) of this section being met. When multiple operating
parameters are monitored for the same control device and during the same
operating day more than one of these operating parameters meets an
excursion criterion specified in paragraphs (e)(4)(i) through
(e)(4)(iii) of this section, then a single excursion is determined to
have occurred for the control device for that operating day.
    (i) An excursion occurs when the daily average value of a monitored
operating parameter is less than the minimum operating parameter limit
(or, if applicable, greater than the maximum operating parameter limit)
established for the operating parameter in accordance with the
requirements of paragraph (e)(3) of this section.
    (ii) An excursion occurs when the period of control device operation
is 4 hours or greater in an operating day and the monitoring data are
insufficient to constitute a valid hour of data for at least 75 percent
of the operating hours. Monitoring data are insufficient to constitute a
valid hour of data if measured values are unavailable for any of the 15-
minute periods within the hour.
    (iii) An excursion occurs when the period of control device
operation is less than 4 hours in an operating day and more than 1 of
the hours during the period does not constitute a valid hour of data due
to insufficient monitoring data. Monitoring data are insufficient to
constitute a valid hour of data if measured values are unavailable for
any of the 15-minute periods within the hour.

[[Page 144]]

    (5) For each excursion, except as provided for in paragraph (e)(6)
of this section, the owner or operator shall be deemed to have failed to
have applied control in a manner that achieves the required operating
parameter limits. Failure to achieve the required operating parameter
limits is a violation of this standard.
    (6) An excursion is not a violation of this standard under any one
of the conditions specified in paragraphs (e)(6)(i) and (e)(6)(ii) of
this section.
    (i) An excursion is not a violation nor does it count toward the
number of excused excursions allowed under paragraph (e)(6)(ii) of this
section when the excursion occurs during any one of the following
periods:
    (A) During a period of startup, shutdown, or malfunction when the
affected facility is operated during such period in accordance with
Sec. 63.6(e)(1); or
    (B) During periods of non-operation of the unit or the process that
is vented to the control device (resulting in cessation of HAP emissions
to which the monitoring applies).
    (ii) For each control device, one excused excursion is allowed per
semiannual period for any reason. The initial semiannual period is the
6-month reporting period addressed by the first semiannual report
submitted by the owner or operator in accordance with Sec. 63.697(b)(4)
of this subpart.
    (7) Nothing in paragraphs (e)(1) through (e)(6) of this section
shall be construed to allow or excuse a monitoring parameter excursion
caused by any activity that violates other applicable provisions of this
subpart.
    (f) Alternative inspection and monitoring interval. Following the
initial inspection and monitoring of a piece of air pollution control
equipment in accordance with the applicable provisions of this section,
subsequent inspection and monitoring of the equipment may be performed
at intervals longer than 1 year when an owner or operator determines
that performing the required inspection or monitoring procedures would
expose a worker to dangerous, hazardous, or otherwise unsafe conditions
and the owner or operator complies with the requirements specified in
paragraphs (f)(1) and (f)(2) of this section.
    (1) The owner or operator must prepare and maintain at the plant
site written documentation identifying the specific air pollution
control equipment designated as ``unsafe to inspect and monitor.'' The
documentation must include for each piece of air pollution control
equipment designated as such a written explanation of the reasons why
the equipment is unsafe to inspect or monitor using the applicable
procedures under this section.
    (2) The owner or operator must develop and implement a written plan
and schedule to inspect and monitor the air pollution control equipment
using the applicable procedures specified in this section during times
when a worker can safely access the air pollution control equipment. The
required inspections and monitoring must be performed as frequently as
practicable but do not need to be performed more frequently than the
periodic schedule that would be otherwise applicable to the air
pollution control equipment under the provisions of this section. A copy
of the written plan and schedule must be maintained at the plant site.

[64 FR 38977, July 20, 1999, as amended at 68 FR 37352, June 23, 2003;
71 FR 20457, Apr. 20, 2006]



Sec. 63.696  Recordkeeping requirements.

    (a) The owner or operator subject to this subpart shall comply with
the recordkeeping requirements in Sec. 63.10 under 40 CFR 63 subpart A--
General Provisions that are applicable to this subpart as specified in
Table 2 of this subpart.
    (b) The owner or operator of a control device subject to this
subpart shall maintain the records in accordance with the requirements
of 40 CFR 63.10 of this part.
    (c) [Reserved]
    (d) Each owner or operator using an internal floating roof to comply
with the tank control requirements specified in Sec. 63.685(e) of this
subpart or using an external floating roof to comply with the tank
control requirements specified in Sec. 63.685(f) of this subpart shall
prepare and maintain the following records:
    (1) Documentation describing the floating roof design and the
dimensions of the tank.

[[Page 145]]

    (2) A record for each inspection required by Sec. 63.695(b) of this
subpart, as applicable to the tank, that includes the following
information: a tank identification number (or other unique
identification description as selected by the owner or operator) and the
date of inspection.
    (3) The owner or operator shall record for each defect detected
during inspections required by Sec. 63.695(b) of this subpart the
following information: the location of the defect, a description of the
defect, the date of detection, and corrective action taken to repair the
defect. In the event that repair of the defect is delayed in accordance
with the provisions of Sec. 63.695(b)(4) of this section, the owner or
operator shall also record the reason for the delay and the date that
completion of repair of the defect is expected.
    (4) Owners and operators that use a tank equipped with an external
floating roof in accordance with the provisions of Sec. 63.685(f) of
this subpart shall prepare and maintain records for each seal gap
inspection required by Sec. 63.695(b) describing the results of the seal
gap measurements. The records shall include the date of that the
measurements are performed, the raw data obtained for the measurements,
and the calculations of the total gap surface area. In the event that
the seal gap measurements do not conform to the specifications in
Sec. 63.695(b) of this subpart, the records shall include a description
of the repairs that were made, the date the repairs were made, and the
date the separator was emptied, if necessary.
    (e) Each owner or operator using a fixed roof to comply with the
tank control requirements specified in Sec. 63.685(g) of this subpart
shall prepare and maintain the following records:
    (1) A record for each inspection required by Sec. 63.695(b) of this
subpart, as applicable to the tank, that includes the following
information: a tank identification number (or other unique
identification description as selected by the owner or operator) and the
date of inspection.
    (2) The owner or operator shall record for each defect detected
during inspections required by Sec. 63.695(b) of this subpart the
following information: the location of the defect, a description of the
defect, the date of detection, and corrective action taken to repair the
defect. In the event that repair of the defect is delayed in accordance
with the provisions of Sec. 63.695(b)(4) of this section, the owner or
operator shall also record the reason for the delay and the date that
completion of repair of the defect is expected.
    (f) Each owner or operator using an enclosure to comply with the
tank control requirements specified in Sec. 63.685(i) of this subpart
shall prepare and maintain records for the most recent set of
calculations and measurements performed by the owner or operator to
verify that the enclosure meets the criteria of a permanent total
enclosure as specified in ``Procedure T--Criteria for and Verification
of a Permanent or Temporary Total Enclosure'' under 40 CFR 52.741,
appendix B.
    (g) An owner or operator shall record, on a semiannual basis, the
information specified in paragraphs (g)(1) and (g)(2) of this section
for those planned routine maintenance operations that would require the
control device not to meet the requirements of Sec. 63.693(d) through
(h) of this subpart, as applicable.
    (1) A description of the planned routine maintenance that is
anticipated to be performed for the control device during the next 6
months. This description shall include the type of maintenance
necessary, planned frequency of maintenance, and lengths of maintenance
periods.
    (2) A description of the planned routine maintenance that was
performed for the control device during the previous 6 months. This
description shall include the type of maintenance performed and the
total number of hours during these 6 months that the control device did
not meet the requirement of Sec. 63.693 (d) through (h) of this subpart,
as applicable, due to planned routine maintenance.
    (h) An owner or operator shall record the information specified in
paragraphs (h)(1) through (h)(3) of this section for those unexpected
control device system malfunctions that would require the control device
not to meet the requirements of Sec. 63.693 (d) through (h) of this
subpart, as applicable.

[[Page 146]]

    (1) The occurrence and duration of each malfunction of the control
device system.
    (2) The duration of each period during a malfunction when gases,
vapors, or fumes are vented from the waste management unit through the
closed-vent system to the control device while the control device is not
properly functioning.
    (3) Actions taken during periods of malfunction to restore a
malfunctioning control device to its normal or usual manner of
operation.



Sec. 63.697  Reporting requirements.

    (a) Each owner or operator of an affected source subject to this
subpart must comply with the notification requirements specified in
paragraph (a)(1) of this section and the reporting requirements
specified in paragraph (a)(2) of this section.
    (1) The owner or operator of an affected source must submit notices
to the Administrator in accordance with the applicable notification
requirements in 40 CFR 63.9 as specified in Table 2 of this subpart. For
the purpose of this subpart, an owner or operator subject to the initial
notification requirements under 40 CFR 63.9(b)(2) must submit the
required notification on or before October 19, 1999.
    (2) The owner or operator of an affected source must submit reports
to the Administrator in accordance with the applicable reporting
requirements in 40 CFR 63.10 as specified in Table 2 of this subpart.
    (b) The owner or operator of a control device used to meet the
requirements of Sec. 63.693 of this subpart shall submit the following
notifications and reports to the Administrator:
    (1) A Notification of Performance Tests specified in Sec. 63.7 and
Sec. 63.9(g) of this part,
    (2) Performance test reports specified in Sec. 63.10(d)(2) of this
part, and
    (3) Startup, shutdown, and malfunction reports specified in
Sec. 63.10(d)(5) of this part.
    (i) If actions taken by an owner or operator during a startup,
shutdown, or malfunction of an affected source (including actions taken
to correct a malfunction) are not completely consistent with the
procedures specified in the source's startup, shutdown, and malfunction
plan specified in Sec. 63.6(e)(3) of this part, the owner or operator
shall state such information in the report. The startup, shutdown, or
malfunction report shall consist of a letter, containing the name,
title, and signature of the responsible official who is certifying its
accuracy, that shall be submitted to the Administrator, and
    (ii) Separate startup, shutdown, or malfunction reports are not
required if the information is included in the summary report specified
in paragraph (b)(4) of this section.
    (4) A summary report specified in Sec. 63.10(e)(3) of this part
shall be submitted on a semiannual basis (i.e., once every 6-month
period). The summary report must include a description of all excursions
as defined in Sec. 63.695(e) of this subpart that have occurred during
the 6-month reporting period. For each excursion caused when the daily
average value of a monitored operating parameter is less than the
minimum operating parameter limit (or, if applicable, greater than the
maximum operating parameter limit), the report must include the daily
average values of the monitored parameter, the applicable operating
parameter limit, and the date and duration of the period that the
exceedance occurred. For each excursion caused by lack of monitoring
data, the report must include the date and duration of period when the
monitoring data were not collected and the reason why the data were not
collected.
    (c) Each owner or operator using an internal floating roof or
external floating roof to comply with the Tank Level 2 control
requirements specified in Sec. 63.685(d) of this subpart shall notify
the Administrator in advance of each inspection required under
Sec. 63.695(b) of this subpart to provide the Administrator with the
opportunity to have an observer present during the inspection. The owner
or operator shall notify the Administrator of the date and location of
the inspection as follows:
    (1) Prior to each inspection to measure external floating roof seal
gaps as

[[Page 147]]

required under Sec. 63.695(b) of this subpart, written notification
shall be prepared and sent by the owner or operator so that it is
received by the Administrator at least 30 calendar days before the date
the measurements are scheduled to be performed.
    (2) Prior to each visual inspection of an internal floating roof or
external floating roof in a tank that has been emptied and degassed,
written notification shall be prepared and sent by the owner or operator
so that it is received by the Administrator at least 30 calendar days
before refilling the tank except when an inspection is not planned as
provided for in paragraph (c)(3) of this section.
    (3) When a visual inspection is not planned and the owner or
operator could not have known about the inspection 30 calendar days
before refilling the tank, the owner or operator shall notify the
Administrator as soon as possible, but no later than 7 calendar days
before refilling of the tank. This notification may be made by telephone
and immediately followed by a written explanation for why the inspection
is unplanned. Alternatively, written notification, including the
explanation for the unplanned inspection, may be sent so that it is
received by the Administrator at least 7 calendar days before refilling
the tank.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38981, July 20, 1999]



Sec. 63.698  Implementation and enforcement.

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

[68 FR 37352, June 23, 2003]



Sec. Table 1 to Subpart DD of Part 63--List of Hazardous Air Pollutants
                          (HAP) for Subpart DD

----------------------------------------------------------------------------------------------------------------
                  CAS No. \a\                                      Chemical name                       fm 305
----------------------------------------------------------------------------------------------------------------
75-07-0........................................  Acetaldehyde.....................................        1.000
75-05-8........................................  Acetonitrile.....................................        0.989
98-86-2........................................  Acetophenone.....................................        0.314
107-02-8.......................................  Acrolein.........................................        1.000
107-13-1.......................................  Acrylonitrile....................................        0.999
107-05-1.......................................  Allyl chloride...................................        1.000
71-43-2........................................  Benzene (includes benzene in gasoline)...........        1.000
98-07-7........................................  Benzotrichloride (isomers and mixture)...........        0.958
100-44-7.......................................  Benzyl chloride..................................        1.000
92-52-4........................................  Biphenyl.........................................        0.864
542-88-1.......................................  Bis(chloromethyl)ether \b\.......................        0.999
75-25-2........................................  Bromoform........................................        0.998
106-99-0.......................................  1,3-Butadiene....................................        1.000

[[Page 148]]


75-15-0........................................  Carbon disulfide.................................        1.000
56-23-5........................................  Carbon tetrachloride.............................        1.000
43-58-1........................................  Carbonyl sulfide.................................        1.000
133-90-4.......................................  Chloramben.......................................        0.633
108-90-7.......................................  Chlorobenzene....................................        1.000
67-66-3........................................  Chloroform.......................................        1.000
107-30-2.......................................  Chloromethyl methyl ether \b\....................        1.000
126-99-8.......................................  Chloroprene......................................        1.000
98-82-8........................................  Cumene...........................................        1.000
94-75-7........................................  2,4-D, salts and esters..........................        0.167
334-88-3.......................................  Diazomethane \c\.................................        0.999
132-64-9.......................................  Dibenzofurans....................................        0.967
96-12-8........................................  1,2-Dibromo-3-chloropropane......................        1.000
106-46-7.......................................  1,4-Dichlorobenzene(p)...........................        1.000
107-06-2.......................................  Dichloroethane (Ethylene dichloride).............        1.000
111-44-4.......................................  Dichloroethyl ether (Bis(2-chloroethyl ether)....        0.757
542-75-6.......................................  1,3-Dichloropropene..............................        1.000
79-44-7........................................  Dimethyl carbamoyl chloride \c\..................        0.150
64-67-5........................................  Diethyl sulfate..................................        0.0025
77-78-1........................................  Dimethyl sulfate.................................        0.086
121-69-7.......................................  N,N-Dimethylaniline..............................        0.0008
51-28-5........................................  2,4-Dinitrophenol................................        0.0077
121-14-2.......................................  2,4-Dinitrotoluene...............................        0.0848
123-91-1.......................................  1,4-Dioxane (1,4-Diethyleneoxide)................        0.869
106-89-8.......................................  Epichlorohydrin (1-Chloro-2,3-epoxypropane)......        0.939
106-88-7.......................................  1,2-Epoxybutane..................................        1.000
140-88-5.......................................  Ethyl acrylate...................................        1.000
100-41-4.......................................  Ethyl benzene....................................        1.000
75-00-3........................................  Ethyl chloride (Chloroethane)....................        1.000
106-93-4.......................................  Ethylene dibromide (Dibromoethane)...............        0.999
107-06-2.......................................  Ethylene dichloride (1,2-Dichloroethane).........        1.000
151-56-4.......................................  Ethylene imine (Aziridine).......................        0.867
75-21-8........................................  Ethylene oxide...................................        1.000
75-34-3........................................  Ethylidene dichloride (1,1-Dichloroethane).......        1.000
                                                 Glycol ethers \d\ that have a Henry's Law              (e)
                                                  constant value equal to or greater than 0.1 Y/X
                                                  (1.8x10-6 atm/gm-mole/m\3\) at 25 deg.C.
118-74-1.......................................  Hexachlorobenzene................................        0.97
87-68-3........................................  Hexachlorobutadiene..............................        0.88
67-72-1........................................  Hexachloroethane.................................        0.499
110-54-3.......................................  Hexane...........................................        1.000
78-59-1........................................  Isophorone.......................................        0.506
58-89-9........................................  Lindane (all isomers)............................        1.000
67-56-1........................................  Methanol.........................................        0.855
74-83-9........................................  Methyl bromide (Bromomethane)....................        1.000
74-87-3........................................  Methyl chloride (Choromethane)...................        1.000
71-55-6........................................  Methyl chloroform (1,1,1-Trichloroethane)........        1.000
78-93-3........................................  Methyl ethyl ketone (2-Butanone).................        0.990
74-88-4........................................  Methyl iodide (Iodomethane)......................        1.0001
108-10-1.......................................  Methyl isobutyl ketone (Hexone)..................        0.9796
624-83-9.......................................  Methyl isocyanate................................        1.000
80-62-6........................................  Methyl methacrylate..............................        0.916
1634-04-4......................................  Methyl tert butyl ether..........................        1.000
75-09-2........................................  Methylene chloride (Dichloromethane).............        1.000
91-20-3........................................  Naphthalene......................................        0.994
98-95-3........................................  Nitrobenzene.....................................        0.394
79-46-9........................................  2-Nitropropane...................................        0.989
82-68-8........................................  Pentachloronitrobenzene (Quintobenzene)..........        0.839
87-86-5........................................  Pentachlorophenol................................        0.0898
75-44-5........................................  Phosgene \c\.....................................        1.000
123-38-6.......................................  Propionaldehyde..................................        0.999
78-87-5........................................  Propylene dichloride (1,2-Dichloropropane).......        1.000
75-56-9........................................  Propylene oxide..................................        1.000
75-55-8........................................  1,2-Propylenimine (2-Methyl aziridine)...........        0.945
100-42-5.......................................  Styrene..........................................        1.000
96-09-3........................................  Styrene oxide....................................        0.830
79-34-5........................................  1,1,2,2-Tetrachloroethane........................        0.999
127-18-4.......................................  Tetrachloroethylene (Perchloroethylene)..........        1.000
108-88-3.......................................  Toluene..........................................        1.000
95-53-4........................................  o-Toluidine......................................        0.152
120-82-1.......................................  1,2,4-Trichlorobenzene...........................        1.000
71-55-6........................................  1,1,1-Trichloroethane (Methyl chlorform).........        1.000
79-00-5........................................  1,1,2-Trichloroethane (Vinyl trichloride)........        1.000
79-01-6........................................  Trichloroethylene................................        1.000
95-95-4........................................  2,4,5-Trichlorophenol............................        0.108

[[Page 149]]


88-06-2........................................  2,4,6-Trichlorophenol............................        0.132
121-44-8.......................................  Triethylamine....................................        1.000
540-84-1.......................................  2,2,4-Trimethylpentane...........................        1.000
108-05-4.......................................  Vinyl acetate....................................        1.000
593-60-2.......................................  Vinyl bromide....................................        1.000
75-01-4........................................  Vinyl chloride...................................        1.000
75-35-4........................................  Vinylidene chloride (1,1-Dichloroethylene).......        1.000
1330-20-7......................................  Xylenes (isomers and mixture)....................        1.000
95-47-6........................................  o-Xylenes........................................        1.000
108-38-3.......................................  m-Xylenes........................................        1.000
106-42-3.......................................  p-Xylenes........................................        1.000
----------------------------------------------------------------------------------------------------------------
Notes:
fm 305 = Method 305 fraction measure factor.
a. CAS numbers refer to the Chemical Abstracts Services registry number assigned to specific compounds, isomers,
  or mixtures of compounds.
b. Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis products are also HAP chemicals.
c. Denotes a HAP that may react violently with water, exercise caustic is an expected analyte.
d. Denotes a HAP that hydrolyzes slowly in water.
e. The fm 305 factors for some of the more common glycol ethers can be obtained by contacting the Waste and
  Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711.


[64 FR 38981, July 20, 1999]



 Sec. Table 2 to Subpart DD of Part 63--Applicability of Paragraphs in
       Subpart A of This Part 63--General Provisions to Subpart DD

------------------------------------------------------------------------
                                    Applies to
      Subpart A reference           Subpart DD          Explanation
------------------------------------------------------------------------
63.1(a)(1)....................  Yes                .....................
63.1(a)(2)....................  Yes                .....................
63.1(a)(3)....................  Yes                .....................
63.1(a)(4)....................  No                 Subpart DD (this
                                                    table) specifies
                                                    applicability of
                                                    each paragraph in
                                                    subpart A to subpart
                                                    DD.
63.1(a)(5)-63.1(a)(9).........  No                 .....................
63.1(a)(10)...................  Yes                .....................
63.1(a)(11)...................  Yes                .....................
63.1(a)(12)...................  Yes                .....................
63.1(a)(13)...................  Yes                .....................
63.1(a)(14)...................  Yes                .....................
63.1(b)(1)....................  No                 Subpart DD specifies
                                                    its own
                                                    applicability.
63.1(b)(2)....................  Yes                .....................
63.1(b)(3)....................  No                 .....................
63.1(c)(1)....................  No                 Subpart DD explicitly
                                                    specifies
                                                    requirements that
                                                    apply.
63.1(c)(2)....................  No                 Area sources are not
                                                    subject to subpart
                                                    DD.
63.1(c)(3)....................  No                 .....................
63.1(c)(4)....................  Yes                .....................
63.1(c)(5)....................  Yes                Except that sources
                                                    are not required to
                                                    submit notifications
                                                    overridden by this
                                                    table.
63.1(d).......................  No                 .....................
63.1(e).......................  No                 .....................
63.2..........................  Yes                Sec. 63.681 of
                                                    subpart DD specifies
                                                    that if the same
                                                    term is defined in
                                                    subparts A and DD,
                                                    it shall have the
                                                    meaning given in
                                                    subpart DD.
63.3..........................  Yes                .....................
63.4(a)(1)-63.4(a)(3).........  Yes
63.4(a)(4)....................  No...............  Reserved.
63.4(a)(5)....................  Yes
63.4(b).......................  Yes
63.4(c).......................  Yes
63.5(a)(1)....................  Yes                Except replace term
                                                    ``source'' and
                                                    ``stationary
                                                    source'' in Sec.
                                                    63.5(a)(1) of
                                                    subpart A with
                                                    ``affected source.''
63.5(a)(2)....................  Yes
63.5(b)(1)....................  Yes
63.5(b)(2)....................  No                 Reserved.
63.5(b)(3)....................  Yes
63.5(b)(4)....................  Yes                Except the cross-
                                                    reference to Sec.
                                                    63.9(b) is changed
                                                    to Sec. 63.9(b)(4)
                                                    and (5). Subpart DD
                                                    overrides Sec.
                                                    63.9(b)(2) and
                                                    (b)(3).
63.5(b)(5)....................  Yes
63.5(b)(6)....................  Yes
63.5(c).......................  No                 Reserved.
63.5(d)(1)(i).................  Yes
63.5(d)(1)(ii)................  Yes
63.5(d)(1)(iii)...............  Yes

[[Page 150]]


63.5(d)(2)....................  No
63.5(d)(3)....................  Yes
63.5(d)(4)....................  Yes
63.5(e).......................  Yes
63.5(f)(1)....................  Yes
63.5(f)(2)....................  Yes
63.6(a).......................  Yes
63.6(b)(1)....................  No                 Subpart DD specifies
                                                    compliance dates for
                                                    sources subject to
                                                    subpart DD.
63.6(b)(2)....................  No
63.6(b)(3)....................  Yes
63.6(b)(4)....................  No                 May apply when
                                                    standards are
                                                    proposed under
                                                    section 112(f) of
                                                    the Clean Air Act.
63.6(b)(5)....................  No...............  Sec. 63.697 of
                                                    subpart DD includes
                                                    notification
                                                    requirements.
63.6(b)(6)....................  No
63.6(b)(7)....................  No
63.6(c)(1)....................  No                 Sec. 63.680 of
                                                    subpart DD specifies
                                                    the compliance date.
63.6(c)(2)-63.6(c)(4).........  No
63.6(c)(5)....................  Yes
63.6(d).......................  No
63.6(e).......................  Yes
63.6(f)(1)....................  Yes
63.6(f)(2)(i).................  Yes
63.6(f)(2)(ii)................  Yes                Subpart DD specifies
                                                    the use of
                                                    monitoring data in
                                                    determining
                                                    compliance with
                                                    subpart DD.
63.6(f)(2)(iii) (A), (B), and   Yes
 (C).
63.6(f)(2)(iii) (D)...........  No
63.6(f)(2)(iv)................  Yes
63.6(f)(2)(v).................  Yes
63.6(f)(3)....................  Yes
63.6(g).......................  Yes
63.6(h).......................  No                 Subpart DD does not
                                                    require opacity and
                                                    visible emission
                                                    standards.
63.6(i).......................  Yes                Except for Sec.
                                                    63.6(i)(15), which
                                                    is reserved.
63.6(j).......................  Yes
63.7(a)(1)....................  No                 Subpart DD specifies
                                                    required testing and
                                                    compliance
                                                    demonstration
                                                    procedures.
63.7(a)(2)....................  Yes
63.7(a)(3)....................  Yes
63.7(b).......................  No
63.7(c).......................  No
63.7(d).......................  Yes
63.7(e)(1)....................  Yes
63.7(e)(2)....................  Yes
63.7(e)(3)....................  No                 Subpart DD specifies
                                                    test methods and
                                                    procedures.
63.7(e)(4)....................  Yes
63.7(f).......................  No                 Subpart DD specifies
                                                    applicable methods
                                                    and provides
                                                    alternatives.
63.7(g).......................  Yes
63.7(h)(1)....................  Yes
63.7(h)(2)....................  Yes
63.7(h)(3)....................  Yes
63.7(h)(4)....................  No
63.7(h)(5)....................  Yes
63.8(a).......................  No
63.8(b)(1)....................  Yes
63.8(b)(2)....................  No                 Subpart DD specifies
                                                    locations to conduct
                                                    monitoring.
63.8(b)(3)....................  Yes
63.8(c)(1)(i).................  Yes
63.8(c)(1)(ii)................  Yes
63.8(c)(1)(iii)...............  Yes
63.8(c)(2)....................  Yes
63.8(c)(3)....................  Yes
63.8(c)(4)....................  No                 Subpart DD specifies
                                                    monitoring frequency
63.8(c)(5)-63.8(c)(8).........  No
63.8(d).......................  No
63.8(e).......................  No
63.8(f)(1)....................  Yes
63.8(f)(2)....................  Yes
63.8(f)(3)....................  Yes
63.8(f)(4)(i).................  Yes
63.8(f)(4)(ii)................  Yes
63.8(f)(4)(iii)...............  No
63.8(f)(5)(i).................  Yes

[[Page 151]]


63.8(f)(5)(ii)................  No
63.8(f)(5)(iii)...............  Yes
63.8(f)(6)....................  Yes
63.8(g).......................  Yes
63.9(a).......................  Yes
63.9(b)(1)(i).................  Yes
63.9(b)(1)(ii)................  No
63.9(b)(2)....................  Yes
63.9(b)(3)....................  No
63.9(b)(4)....................  Yes
63.9(b)(5)....................  Yes
63.9(c).......................  Yes
63.9(d).......................  Yes
63.9(e).......................  No
63.9(f).......................  No
63.9(g).......................  No
63.9(h).......................  Yes
63.9(i).......................  Yes
63.9(j).......................  No
63.10(a)......................  Yes
63.10(b)(1)...................  Yes
63.10(b)(2)(i)................  Yes
63.10(b)(2)(ii)...............  Yes
63.10(b)(2)(iii)..............  No
63.10(b)(2)(iv)...............  Yes
63.10(b)(2)(v)................  Yes
63.10(b)(2)(vi)-(ix)..........  Yes
63.10(b)(2)(x)-(xi)...........  Yes
63.10(b)(2) (xii)-(xiv).......  No
63.10(b)(3)...................  Yes
63.10(c)......................  No
63.10(d)(1)...................  No
63.10(d)(2)...................  Yes
63.10(d)(3)...................  No
63.10(d)(4)...................  Yes
63.10(d)(5)(i)................  Yes
63.10(d)(5)(ii)...............  Yes
63.10(e)......................  No
63.10(f)......................  Yes
63.11-63.15...................  Yes
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).
  Submittals shall be sent by the specified dates, but a postmark is not
  required.


[64 FR 38983, July 20, 1999, as amended at 66 FR 1267, Jan. 8, 2001]



Sec. Table 3 to Subpart DD of Part 63--Tank Control Levels for Tanks at
      Existing Affected Sources as Required by 40 CFR 63.685(b)(1)

------------------------------------------------------------------------
                                    Maximum HAP vapor
  Tank design capacity (cubic     pressure of off-site     Tank control
            meters)                material managed in        level
                                   tank (kilopascals)
------------------------------------------------------------------------
Design capacity less than 75     Maximum HAP vapor       Level 1.
 m\3\.                            pressure less than
                                  76.6 kPa.
Design capacity equal to or      Maximum HAP vapor       Level 1.
 greater than 75 m\3\ and less    pressure less than
 than 151 m\3\.                   27.6 kPa.
                                 Maximum HAP vapor       Level 2.
                                  pressure equal to or
                                  greater than 27.6 kPa.
Design capacity equal to or      Maximum HAP vapor       Level 1.
 greater than 151 m\3\.           pressures less than
                                  5.2 kPa.
                                 Maximum HAP vapor       Level 2.
                                  pressure equal to or
                                  greater than 5.2 kPa.
------------------------------------------------------------------------



Sec. Table 4 to Subpart DD of Part 63--Tank Control Levels for Tanks at
         New Affected Sources as Required by 40 CFR 63.685(b)(2)

------------------------------------------------------------------------
                                    Maximum HAP vapor
  Tank design capacity (cubic     pressure of off-site     Tank control
            meters)                material managed in        level
                                   tank (kilopascals)
------------------------------------------------------------------------
Design capacity less than 38     Maximum HAP vapor       Level 1.
 m\3\.                            pressure less than
                                  76.6 kPa.
Design capacity equal to or      Maximum HAP vapor       Level 1.
 greater than 38 m\3\ and less    pressure less than
 than 151 m\3\.                   13.1 kPa.
                                 Maximum HAP vapor       Level 2.
                                  pressure equal to or
                                  greater than 13.1 kPa.
Design capacity equal to or      Maximum HAP vapor       Level 1.
 greater than 151 m\3\.           pressure less than
                                  0.7 kPa.

[[Page 152]]


                                 Maximum HAP vapor       Level 2.
                                  pressure equal to or
                                  greater than 0.7 kPa.
------------------------------------------------------------------------



 Subpart EE_National Emission Standards for Magnetic Tape Manufacturing
                               Operations

    Source: 59 FR 64596, Dec. 15, 1994, unless otherwise noted.



Sec. 63.701  Applicability.

    (a) Except as specified in paragraph (b) of this section, the
provisions of this subpart apply to:
    (1) Each new and existing magnetic tape manufacturing operation
located at a major source of hazardous air pollutant (HAP) emissions;
and
    (2) A magnetic tape manufacturing operation for which the owner or
operator chooses to use the provisions of Sec. 63.703(b) and (h) to
obtain a Federally enforceable limit on its potential to emit HAP.

    Explanatory Note: A reason the owner or operator would make the
choice described in paragraph (a)(2) of this section is if the plant
site, without this limit, would be a major source. The owner or operator
could use this limit, which would establish the potential to emit from
magnetic tape manufacturing operations, in conjunction with the
potential to emit from the other HAP emission points at the stationary
source, to be an area source. Note, however, that an owner or operator
is not required to use the provisions in Sec. 63.703(b) and (h) to
determine the potential to emit HAP from magnetic tape manufacturing
operations.

    (b) This subpart does not apply to the following:
    (1) Research or laboratory facilities; and
    (2) Any coating operation that produces a quantity of magnetic tape
that is 1 percent or less of total production (in terms of total square
footage coated) from that coating operation in any 12-month period.
    (c) The affected source subject to this standard is the magnetic
tape manufacturing operation, as defined in Sec. 63.702.
    (d) An owner or operator of an existing affected source subject to
the provisions of this subpart shall comply according to the following
schedule:
    (1) Within 3 years after the effective date of the standard, if the
owner or operator is required to install a new add-on air pollution
control device to meet the requirements of Sec. 63.703(c) or (g); or
    (2) Within 2 years after the effective date of the standard, if a
new add-on air pollution control device is not needed to comply with
Sec. 63.703(c) or (g) of these standards.
    (e) The compliance date for an owner or operator of a new affected
source subject to the provisions of this subpart is immediately upon
startup of the affected source.
    (f) The provisions of this subpart apply during periods of startup
and shutdown, and whenever magnetic tape manufacturing operations are
taking place.
    (g) Owners or operators of affected sources subject to the
provisions of this subpart shall also comply with the requirements of
subpart A as identified in Table 1, according to the applicability of
subpart A to such sources.
    (h) In any title V permit for an affected source, all research or
laboratory facilities that are exempt from the requirements of this
subpart shall be clearly identified.



Sec. 63.702  Definitions.

    (a) All terms used in this subpart that are not defined below have
the meaning given to them in the Clean Air Act and in subpart A of this
part.
    Add-on air pollution control device means equipment installed at the
end of a process vent exhaust stack or stacks that reduces the quantity
of a pollutant that is emitted to the air. The device may destroy or
secure the pollutant for subsequent recovery. Examples are incinerators,
condensers, carbon adsorbers, and biofiltration units. Transfer
equipment and ductwork are not considered in and of themselves add-on
air pollution control devices.

[[Page 153]]

    Bag slitter means a device for enclosed transfer of particulates. A
bag of raw materials is placed in a hopper, the hopper is closed, and an
internal mechanism slits the bag, releasing the particulates into either
a closed conveyor that feeds the mix preparation equipment or into the
mix preparation equipment itself.
    Base substrate means the surface, such as plastic or paper, to which
a coating is applied.
    Capture efficiency means the fraction of all organic vapors or other
pollutants generated by a process that are directed to an add-on air
pollution control device.
    Capture device means a hood, enclosed room, or other means of
collecting HAP vapors or other pollutants into a duct that exhausts to
an add-on air pollution control device.
    Carbon adsorber vessel means one vessel in a series of vessels in a
carbon adsorption system that contains carbon and is used to remove
gaseous pollutants from a gaseous emission source.
    Car seal means a seal that is placed on a device that is used either
to open a closed valve or close an opened valve so that the position of
the valve cannot be changed without breaking the seal.
    Closed system for flushing fixed lines means a system in which the
line to be flushed is disconnected from its original position and
connected to two closed containers, one that contains cleaning solvent
and one that is empty. Solvent is flushed from the container with
cleaning solvent, through the line, and into the empty containers.
    Coater or coating applicator means the apparatus used to apply a
coating to a continuous base substrate.
    Coating application means the process by which the coating mix is
applied to the base substrate.
    Coating operation means any coater, flashoff area, and drying oven
located between a base substrate unwind station and a base substrate
rewind station that coats a continuous base substrate.
    Control device efficiency means the ratio of the emissions collected
or destroyed by an add-on air pollution control device to the total
emissions that are introduced to the control device, expressed as a
percentage.
    Day means a 24-consecutive-hour period.
    Drying oven means a chamber that uses heat to bake, cure,
polymerize, or dry a surface coating; if the coating contains volatile
solvents, the volatile portion is evaporated in the oven.
    Enclosed transfer method means a particulate HAP transfer method
that uses an enclosed system to prevent particulate HAP from entering
the atmosphere as dust. Equipment used for this purpose may include
vacuum injection systems or other mechanical transfer systems, bag
slitters, or supersacks.
    Equivalent diameter means four times the area of an opening divided
by its perimeter.
    Facility means all contiguous or adjoining property that is under
common ownership or control in which magnetic tape manufacturing is
performed. The definition includes properties that are separated only by
a road or other public right-of-way.
    Flashoff area means the portion of a coating operation between the
coater and the drying oven where solvent begins to evaporate from the
coated base substrate.
    Flushing of fixed lines means the flushing of solvent through lines
that are typically fixed and are not associated with the cleaning of a
tank, such as the line from the mix room to the coater.
    Freeboard ratio means the vertical distance from the surface of the
liquid to the top of the sink or tank (freeboard height) divided by the
smaller of the length or width of the sink or tank evaporative area.
    Magnetic coatings means coatings applied to base substrates to make
magnetic tape. Components of magnetic coatings may include: Magnetic
particles, binders, dispersants, conductive pigments, lubricants,
solvents, and other additives.
    Magnetic particles means particles in the coating mix that have
magnetic properties. Examples of magnetic particles used in magnetic
tape manufacturing are: y-oxide, doped iron oxides, chromium dioxide,
barium ferrite, and metallic particles that usually consist of elemental
iron, cobalt, and/or nickel.

[[Page 154]]

    Magnetic tape means any flexible base substrate that is covered on
one or both sides with a coating containing magnetic particles and that
is used for audio recording, video recording, or any type of information
storage.
    Magnetic tape manufacturing operation means all of the emission
points within a magnetic tape manufacturing facility that are
specifically associated with the manufacture of magnetic tape. These
include, but are not limited to:
    (1) Solvent storage tanks;
    (2) Mix preparation equipment;
    (3) Coating operations;
    (4) Waste handling devices;
    (5) Particulate transfer operations;
    (6) Wash sinks for cleaning removable parts;
    (7) Cleaning involving the flushing of fixed lines;
    (8) Wastewater treatment systems; and
    (9) Condenser vents associated with distillation and stripping
columns in the solvent recovery area, but not including the vent on a
condenser that is used as the add-on air pollution control device.
    Mill means the pressurized equipment that uses the dispersing action
of beads, combined with the high shearing forces of the centrifugal
mixing action, to disperse the aggregates of magnetic particles
thoroughly without reducing particle size.
    Mix preparation equipment means the vessels, except for mills, used
to prepare the magnetic coating.
    Natural draft opening means any opening in a room, building, or
total enclosure that remains open during operation of the facility and
that is not connected to a duct in which a fan is installed. The rate
and direction of the natural draft through such an opening is a
consequence of the difference in pressures on either side of the wall
containing the opening.
    Nonregenerative carbon adsorber means a carbon adsorber vessel in
which the spent carbon bed does not undergo carbon regeneration in the
adsorption vessel.
    Operating parameter value means a minimum or maximum value
established for a control device or process parameter that, if achieved
by itself or in combination with one or more other operating parameter
values, determines that an owner or operator has complied with an
applicable emission limitation or standard.
    Overall HAP control efficiency means the total efficiency of the
control system, determined by the product of the capture efficiency and
the control device efficiency.
    Particulate means any material, except uncombined water, that exists
as liquid or solid particles such as dust, smoke, mist, or fumes at
standard conditions (760 millimeters of mercury, 0 degrees celsius).
    Particulate HAP transfer means the introduction of a particulate HAP
into other dry ingredients or a liquid solution.
    Removable parts cleaning means cleaning of parts that have been
moved from their normal position to a wash tank or sink containing
solvent for the purpose of cleaning.
    Research or laboratory facility means any stationary source whose
primary purpose is to conduct research and development to develop new
processes and products, where such source is operated under the close
supervision of technically trained personnel and is not engaged in the
manufacture of products for commercial sale in commerce, except in a de
minimis manner.
    Separator means a device in the wastewater treatment system in which
immiscible solvent is physically separated from the water with which it
is mixed.
    Solvent storage tanks means the stationary tanks that are associated
with magnetic tape operations and that store virgin solvent, spent
solvent, cleaning solvent, solvent at any stage of the solvent recovery
process, or any volatile compound. They do not serve a process function.
    Solvent recovery area means the collection of devices used to remove
HAP emissions from process air, to recover the HAP, and to purify the
HAP. Typically, this area contains a control device such as a carbon
adsorber or condenser, the wastewater treatment system, and the
distillation columns.
    Solvent recovery device means, for the purposes of this subpart, an
add-on air pollution control device in which HAP

[[Page 155]]

is captured rather than destroyed. Examples include carbon adsorption
systems and condensers.
    Supersack means a container of particulate from the manufacturer or
supplier with attached feed tubes and that is used to transfer
particulate under the following conditions: the feed tubes are attached
directly to the mix preparation equipment, the attachment interface is
sealed, and all openings on the mix transfer equipment are closed to the
atmosphere.
    Temporary total enclosure means a total enclosure that is
constructed for the sole purpose of measuring the fugitive emissions
from an affected source. A temporary total enclosure must be constructed
and ventilated (through stacks suitable for testing) so that it has
minimal impact on the performance of the permanent capture system. A
temporary total enclosure will be assumed to achieve total capture of
fugitive emissions if it conforms to the requirements found in
Sec. 63.705(c)(4)(i) and if all natural draft openings are at least four
duct or hood equivalent diameters away from each exhaust duct or hood.
Alternatively, the owner or operator may apply to the Administrator for
approval of a temporary enclosure on a case-by-case basis.
    Total enclosure means a structure that is constructed around a
gaseous emission source so that all gaseous pollutants emitted from the
source are collected and ducted through a control device, such that 100
percent capture efficiency is achieved. There are no fugitive emissions
from a total enclosure. The only openings in a total enclosure are
forced makeup air and exhaust ducts and any natural draft openings such
as those that allow raw materials to enter and exit the enclosure for
processing. All access doors or windows are closed during routine
operation of the enclosed source. Brief, occasional openings of such
doors or windows to accommodate process equipment adjustments are
acceptable, but if such openings are routine or if an access door
remains open during the entire operation, the access door must be
considered a natural draft opening. The average inward face velocity
across the natural draft openings of the enclosure must be calculated
including the area of such access doors. The drying oven itself may be
part of the total enclosure. A permanent enclosure that meets the
requirements found in Sec. 63.705(c)(4)(i) is a total enclosure.
    Utilize means the use of HAP that is delivered to mix preparation
equipment for the purpose of formulating coatings, the use of any other
HAP (e.g., dilution solvent) that is added at any point in the
manufacturing process, and the use of any HAP for cleaning activities.
Alternatively, annual HAP utilization can be determined as net usage;
that is, the HAP inventory at the beginning of a 12-month period, plus
the amount of HAP purchased during the 12-month period, minus the amount
of HAP in inventory at the end of a 12-month period.
    Vacuum injection system means a system in which a vacuum draws
particulate from a storage container into a closed system that transfers
particulates into the mix preparation equipment.
    Volatile organic compound (VOC) means any organic compound that
participates in atmospheric photochemical reactions or that is measured
by EPA Test Methods 18, 24, or 25A in appendix A of part 60 or an
alternative test method as defined in Sec. 63.2.
    Volatile organic hazardous air pollutant (VOHAP) concentration means
the concentration of an individually-speciated organic HAP in a
wastewater discharge that is measured by Method 305 of appendix A to 40
CFR part 63.
    Waste handling means processing or treatment of waste (liquid or
solid) that is generated as a by-product of either the magnetic tape
production process or cleaning operations.
    Waste handling device means equipment that is used to separate
solvent from solid waste (e.g., filter dryers) or liquid waste (e.g.,
pot stills and thin film evaporators). The solvents are recovered by
heating, condensing, and collection.
    Wastewater discharge means the water phase that is discharged from
the separator in a wastewater treatment system.
    Wastewater treatment system means the assortment of devices in which
the solvent/water mixture, generated when the carbon bed in the carbon
adsorber

[[Page 156]]

is desorbed by steam, is treated to remove residual organics in the
water.
    (b) The nomenclature used in this subpart is defined when presented
or has the meaning given below:
    (1) Ak = the area of each natural draft opening (k) in a
total enclosure, in square meters.
    (2) Caj = the concentration of HAP or VOC in each gas
stream (j) exiting the emission control device, in parts per million by
volume.
    (3) Cbi = the concentration of HAP or VOC in each gas
stream (i) entering the emission control device, in parts per million by
volume.
    (4) Cdi = the concentration of HAP or VOC in each gas
stream (i) entering the emission control device from the affected
source, in parts per million by volume.
    (5) Cfk = the concentration of HAP or VOC in each
uncontrolled gas stream (k) emitted directly to the atmosphere from the
affected source, in parts per million by volume.
    (6) Cgv = the concentration of HAP or VOC in each
uncontrolled gas stream entering each individual carbon adsorber vessel
(v), in parts per million by volume. For the purposes of calculating the
efficiency of the individual carbon adsorber vessel, Cgv may
be measured in the carbon adsorption system's common inlet duct prior to
the branching of individual inlet ducts to the individual carbon
adsorber vessels.
    (7) Chv = the concentration of HAP or VOC in the gas
stream exiting each individual carbon adsorber vessel (v), in parts per
million by volume.
    (8) E = the control device efficiency achieved for the duration of
the emission test (expressed as a fraction).
    (9) F = the HAP or VOC emission capture efficiency of the HAP or VOC
capture system achieved for the duration of the emission test (expressed
as a fraction).
    (10) FV = the average inward face velocity across all natural draft
openings in a total enclosure, in meters per hour.
    (11) G = the calculated mass of HAP per volume of coating solids (in
kilograms per liter) contained in a batch of coating.
    (12) Hv = the individual carbon adsorber vessel (v)
efficiency achieved for the duration of the emission test (expressed as
a fraction).
    (13) Hsys = the efficiency of the carbon adsorption
system calculated when each carbon adsorber vessel has an individual
exhaust stack (expressed as a fraction).
    (14) Lsi = the volume fraction of solids in each batch of
coating (i) applied as determined from the formulation records at the
affected source.
    (15) Mci = the total mass in kilograms of each batch of
coating (i) applied, or of each coating applied at an affected coating
operation during a 7-day period, as appropriate, as determined from
records at the affected source. This quantity shall be determined at a
time and location in the process after all ingredients (including any
dilution solvent) have been added to the coating, or if ingredients are
added after the mass of the coating has been determined, appropriate
adjustments shall be made to account for them.
    (16) Mr = the total mass in kilograms of HAP or VOC
recovered for a 7-day period.
    (17) Qaj = the volumetric flow rate of each gas stream
(j) exiting the emission control device in either dry standard cubic
meters per hour when EPA Method 18 in appendix A of part 60 is used to
measure HAP or VOC concentration or in standard cubic meters per hour
(wet basis) when EPA Method 25A is used to measure HAP or VOC
concentration.
    (18) Qbi = the volumetric flow rate of each gas stream
(i) entering the emission control device, in dry standard cubic meters
per hour when EPA Method 18 is used to measure HAP or VOC concentration
or in standard cubic meters per hour (wet basis) when EPA Method 25A is
used to measure HAP or VOC concentration.
    (19) Qdi = the volumetric flow rate of each gas stream
(i) entering the emission control device from the affected source in
either dry standard cubic meters per hour when EPA Method 18 is used to
measure HAP or VOC concentration or in standard cubic meters per hour
(wet basis) when EPA Method 25A is used to measure HAP or VOC
concentration.

[[Page 157]]

    (20) Qfk = the volumetric flow rate of each uncontrolled
gas stream (k) emitted directly to the atmosphere from the affected
source in either dry standard cubic meters per hour when EPA Method 18
is used to measure HAP or VOC concentration or in standard cubic meters
per hour (wet basis) when EPA Method 25A is used to measure HAP or VOC
concentration.
    (21) Qgv = the volumetric flow rate of each gas stream
entering each individual carbon adsorber vessel (v) in either dry
standard cubic meters per hour when EPA Method 18 is used to measure HAP
or VOC concentration or in standard cubic meters per hour (wet basis)
when EPA Method 25A is used to measure HAP or VOC concentration. For
purposes of calculating the efficiency of the individual carbon adsorber
vessel, the value of Qgv can be assumed to equal the value of
Qhv measured for that carbon adsorber vessel.
    (22) Qhv = the volumetric flow rate of each gas stream
exiting each individual carbon adsorber vessel (v) in either dry
standard cubic meters per hour when EPA Method 18 is used to measure HAP
or VOC concentration or in standard cubic meters per hour (wet basis)
when EPA Method 25A is used to measure HAP or VOC concentration.
    (23) Qin i = the volumetric flow rate of each gas stream
(i) entering the total enclosure through a forced makeup air duct in
standard cubic meters per hour (wet basis).
    (24) Qout j = the volumetric flow rate of each gas stream
(j) exiting the total enclosure through an exhaust duct or hood in
standard cubic meters per hour (wet basis).
    (25) R = the overall HAP or VOC emission reduction achieved for the
duration of the emission test (expressed as a percentage).
    (26) RSi = the total mass in kilograms of HAP or VOC
retained in the coated substrate after oven drying for a given magnetic
tape product.
    (27) Vci = the total volume in liters of each batch of
coating (i) applied as determined from records at the affected source.
    (28) Woi = the weight fraction of HAP or VOC in each
batch of coating (i) applied, or of each coating applied at an affected
coating operation during a 7-day period, as appropriate, as determined
by EPA Method 24 or formulation data. This value shall be determined at
a time and location in the process after all ingredients (including any
dilution solvent) have been added to the coating, or if ingredients are
added after the weight fraction of HAP or VOC in the coating has been
determined, appropriate adjustments shall be made to account for them.



Sec. 63.703  Standards.

    (a) Each owner or operator of any affected source that is subject to
the requirements of this subpart shall comply with the requirements of
this subpart on and after the compliance dates specified in Sec. 63.701.
    (b)(1) The owner or operator subject to Sec. 63.701(a)(2) shall
determine limits on the amount of HAP utilized (see definition) in the
magnetic tape manufacturing operation as the values for the potential to
emit HAP from the magnetic tape manufacturing operation.
    (2) The limits on the amount of HAP utilized in the magnetic tape
manufacturing operations shall be determined in the following manner.
    (i) The potential to emit each HAP from each emission point at the
stationary source, other than those from magnetic tape manufacturing
operations, shall be calculated and converted to the units of Mg/yr (or
tons/yr).
    (ii) The limits on the HAP utilized in the magnetic tape
manufacturing operation shall be determined as the values that, when
summed with the values in paragraph (b)(2)(i) of this section, are less
than 9.1 Mg/yr (10 tons/yr) for each individual HAP and 22.7 Mg/yr (25
tons/yr) for the combination of HAP.
    (3) The limits on the HAP utilized determined in paragraph (b)(2) of
this section shall be in terms of Mg/yr (or tons/yr), calculated monthly
on a rolling 12-month average. The owner or operator shall not exceed
these limits.
    (4) An owner or operator subject to paragraph (b) of this section
shall meet the requirements in paragraph (h) of this section.
    (5) A magnetic tape manufacturing operation that is subject to
paragraph (b) of this section and is located at an

[[Page 158]]

area source is not subject to paragraphs (c) through (g) of this
section.
    (c) Except as provided by Sec. 63.703(b), each owner or operator of
an affected source subject to this subpart shall limit gaseous HAP
emitted from each solvent storage tank, piece of mix preparation
equipment, coating operation, waste handling device, and condenser vent
in solvent recovery as specified in paragraphs (c)(1) through (c)(5) of
this section:
    (1) Except as otherwise allowed in paragraphs (c)(2), (3), (4), and
(5) of this section, each owner or operator shall limit gaseous HAP
emitted from each solvent storage tank, piece of mix preparation
equipment, coating operation, waste handling device, and condenser vent
in solvent recovery by an overall HAP control efficiency of at least 95
percent.
    (2) An owner or operator that uses an incinerator to control
emission points listed in paragraph (c)(1) of this section may choose to
meet the overall HAP control efficiency requirement of paragraph (c)(1)
of this section, or may operate the incinerator such that an outlet HAP
concentration of no greater than 20 parts per million by volume (ppmv)
by compound on a dry basis is achieved, as long as the efficiency of the
capture system is 100 percent.
    (3) An owner or operator may choose to meet the requirements of
paragraph (c)(1) or (2) of this section by venting the room, building,
or enclosure in which the HAP emission point is located to an add-on air
pollution control device, as long as the required overall HAP control
efficiency of this method is sufficient to meet the requirements of
paragraph (c)(1) or (2) of this section.
    (4) In lieu of controlling HAP emissions from each solvent storage
tank and piece of mix preparation equipment to the level required by
paragraph (c)(1) of this section, an owner or operator of an affected
source may elect to comply with one of the options set forth in
paragraph (c)(4)(i), (ii) or (iii) of this section.
    (i) Control HAP emissions from all coating operations by an overall
HAP control efficiency of at least 97 percent in lieu of either:
    (A) Controlling up to 10 HAP solvent storage tanks that do not
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not
exceed 1,200 gallons in capacity and up to 8 HAP solvent storage tanks
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 6 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 4 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 2 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (F) Controlling up to 5 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity.
    (ii) Control HAP emissions from all coating operations by an overall
HAP control efficiency of at least 98 percent in lieu of either:
    (A) Controlling up to 15 HAP solvent storage tanks that do not
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not
exceed 1,200 gallons in capacity and up to 13 HAP solvent storage tanks
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 11 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 9 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 7 HAP solvent
storage tanks that

[[Page 159]]

do not exceed 20,000 gallons each in capacity; or
    (F) Controlling up to 5 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 5 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (G) Controlling up to 6 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 3 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (H) Controlling up to 7 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 1 HAP solvent
storage tank that does not exceed 20,000 gallons in capacity.
    (iii) Control HAP emissions from all coating operations by an
overall HAP control efficiency of at least 99 percent in lieu of either:
    (A) Controlling up to 20 HAP solvent storage tanks that do not
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not
exceed 1,200 gallons in capacity and up to 18 HAP solvent storage tanks
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 16 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 14 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 12 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (F) Controlling up to 5 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 10 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (G) Controlling up to 6 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 8 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (H) Controlling up to 7 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 6 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (I) Controlling up to 8 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 4 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (J) Controlling up to 9 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity and up to 2 HAP solvent
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (K) Controlling up to 10 pieces of mix preparation equipment that do
not exceed 1,200 gallons each in capacity.
    (iv) Owners or operators choosing to meet the requirements of
paragraphs (c)(4)(i), (ii), or (iii) of this section are also subject to
the reporting requirement of Sec. 63.707(k).
    (5) In lieu of controlling HAP emissions from a coating operation to
the level required by paragraph (c)(1) of this section, owners or
operators may use magnetic coatings that contain no greater than 0.18
kilograms of HAP per liter of coating solids for that coating operation.
For the requirements of this paragraph, Secs. 63.6(e)(3), 63.6(f) (1)
and (2), 63.8(b) (2) and (3), 63.8(c), 63.8(d), 63.8(e), 63.8(g), 63.9
(e) and (g), 63.10(c), 63.10(d) (2), (3), and (5), 63.10(e) (1) and (2),
and 63.11 of subpart A do not apply.
    (d) Particulate transfer operations. Except as stipulated by
Sec. 63.703(b), each owner or operator of an affected source subject to
this subpart shall:
    (1) Use an enclosed transfer method to perform particulate HAP
transfer; or
    (2) Direct emissions from particulate HAP transfer through a hood or
enclosure to a baghouse or fabric filter that exhibits no visible
emissions while controlling HAP emissions from particulate HAP transfer.
    (e) Wash sinks for cleaning removable parts. (1) Except as
stipulated by Sec. 63.703(b), each owner or operator of an

[[Page 160]]

affected source subject to this subpart shall limit gaseous HAP
emissions from each wash sink containing HAP:
    (i) So that the overall HAP control efficiency is no less than 88
percent; or
    (ii) By maintaining a minimum freeboard ratio of 75 percent in the
wash sink at all times when the sink contains HAP.
    (2) Owners or operators may meet the requirements of paragraph
(e)(1)(i) of this section by venting the room, building, or enclosure in
which the sink is located, as long as the overall HAP control efficiency
of this method is demonstrated to be at least 88 percent using the test
methods in Sec. 63.705(e).
    (3) Wash sinks subject to the control provisions of subpart T of
this part are not subject to paragraph (e)(1) or (e)(2) of this section.
    (f) Equipment for flushing fixed lines. (1) Except as stipulated by
Sec. 63.703(b), each owner or operator of an affected source subject to
this subpart shall limit gaseous HAP emissions from each affected set of
equipment for flushing fixed lines:
    (i) So that the overall HAP control efficiency is at least 95
percent; or
    (ii) By using a closed system for flushing fixed lines.
    (2) Owners or operators may meet the requirements of paragraph
(f)(1)(i) of this section by venting the room, building, or enclosure in
which the fixed lines are located, as long as the overall HAP control
efficiency of this method is demonstrated to be at least 95 percent
using the test methods in Sec. 63.705(f).
    (g) Wastewater treatment systems. (1) Except as stipulated by
Sec. 63.703(b), each owner or operator of an affected source subject to
this subpart shall:
    (i) Treat the wastewater discharge to remove each HAP from magnetic
tape manufacturing operations that is present in the wastewater
discharge by at least the fraction removed (FR) specified in
Table 9 of 40 CFR part 63, subpart G; or
    (ii) Treat (other than by dilution) the HAP from magnetic tape
manufacturing operations that are present in the wastewater discharge
such that the exit concentration is less than 50 ppmw of total VOHAP.
    (2) The treatment method used to meet the requirements of paragraph
(g)(1) of this section shall not transfer emissions from the water to
the atmosphere in an uncontrolled manner.
    (h)(1) Magnetic tape manufacturing operations that are subject to
Sec. 63.703(b) and are not at major sources are not subject to
Secs. 63.6(e), 63.6(f), 63.6(g), 63.6(i)(4), 63.7, 63.8, 63.9 (c)
through (h), 63.10(b)(2), 63.10(c), 63.10(d) (2) through (5), 63.10(e),
and 63.11 of subpart A.
    (2) Magnetic tape manufacturing operations subject to Sec. 63.703(b)
shall fulfill the recordkeeping requirements of Sec. 63.706(e) and the
reporting requirements of Sec. 63.707 (b), (c), and (j).
    (3) An owner or operator of a magnetic tape manufacturing operation
subject to Sec. 63.703(b) who chooses to no longer be subject to
Sec. 63.703(b) shall notify the Administrator or delegated State of such
change. If by no longer being subject to Sec. 63.703(b), the source at
which the magnetic tape manufacturing operation is located would become
a major source, the owner or operator shall meet the following
requirements, starting from the date of such notification:
    (i) Comply with paragraphs (c) through (g) of this section, and
other provisions of this subpart within the timeframe specified in
Sec. 63.6(c)(5); and
    (ii) Comply with the HAP utilization limits in Sec. 63.703(b) until
the requirements of paragraph (h)(3)(i) of this section are met.
    (i) For any solvent storage tank, piece of mix preparation
equipment, waste handling device, condenser vent in solvent recovery,
wash sink for cleaning removable parts, and set of equipment for
flushing of fixed lines, the owner or operator may, instead of meeting
the requirements of paragraphs (c)(1), (e)(1)(i), or (f)(1)(i) of this
section, vent the gaseous HAP emissions to an add-on air pollution
control device other than an incinerator that, in conjunction with
capture equipment or ductwork, is designed to achieve an overall HAP
control efficiency of at least 95 percent for the emissions from the
coating operation, and achieve an alternate outlet concentration limit
when coating operations are not occurring, as determined in
Sec. 63.704(b)(11)(ii).

[[Page 161]]

    (j) The requirements of this subpart do not preclude the use of
pressure relief valves and vacuum relief valves for safety purposes.

[59 FR 64596, Dec. 15, 1994, as amended at 64 FR 17464, Apr. 9, 1999]



Sec. 63.704  Compliance and monitoring requirements.

    (a) For owners or operators of an affected source that are using
add-on air pollution control equipment or a steam stripper to comply
with Sec. 63.703, paragraph (b) of this section identifies the operating
parameter to be monitored to demonstrate continuous compliance. For all
owners or operators subject to Sec. 63.703, except Sec. 63.703(b) and
(h), regardless of the type of control technique used, paragraph (c) of
this section identifies the procedures that must be followed to
demonstrate continuous compliance with Sec. 63.703.
    (b) Establishing a limit under Sec. 63.703(i) and operating
parameter values. The owner or operator of an affected source subject to
Sec. 63.703 except Sec. 63.703(b) and (h), shall establish the operating
parameter value to be monitored for compliance as required by paragraph
(c) of this section, in accordance with paragraphs (b)(1) through
(b)(11) of this section. An owner or operator subject to Sec. 63.703(i)
shall establish a limit as required in paragraph (b)(11)(ii) of this
section.
    (1) Except as allowed by paragraphs (b)(2), (3), (4), (5), or (9) of
this section, for each add-on air pollution control device used to
control solvent HAP emissions, the owner or operator shall fulfill the
requirements of paragraph (b)(1)(i) or (ii) of this section.
    (i) The owner or operator shall establish as a site-specific
operating parameter the outlet total HAP or VOC concentration that
demonstrates compliance with Sec. 63.703(c)(1), (c)(2), (c)(4),
(e)(1)(i), (f)(1)(i), or (i) as appropriate; or
    (ii) The owner or operator shall establish as the site-specific
operating parameter the control device efficiency that demonstrates
compliance with Sec. 63.703(c)(1), (c)(4), (e)(1)(i), and (f)(1)(i).
    (iii) When a nonregenerative carbon adsorber is used to comply with
Sec. 63.703(c)(1), the site-specific operating parameter value may be
established as part of the design evaluation used to demonstrate initial
compliance (Sec. 63.705(c)(6)). Otherwise, the site-specific operating
parameter value shall be established during the initial performance test
conducted according to the procedures of Sec. 63.705(c)(1), (2), (3), or
(4).
    (2) For each condenser used as the add-on air pollution control
device to comply with Sec. 63.703(c), (e)(1)(i), (f)(1)(i) or (i), in
lieu of meeting the requirements of Sec. 63.704(b)(1), during the
initial performance test conducted according to the procedures of
Sec. 63.705(c)(1), (2), or (4), the owner or operator may establish as a
site-specific operating parameter the maximum temperature of the
condenser vapor exhaust stream and shall set the operating parameter
value that demonstrates compliance with Sec. 63.703(c), (e)(1)(i),
(f)(1)(i) or (i) as appropriate;
    (3) For each thermal incinerator, in lieu of meeting the
requirements of Sec. 63.704(b)(1), during the initial performance test
conducted according to the procedures of Sec. 63.705(c)(1), (2), or (4),
the owner or operator may establish as a site-specific operating
parameter the minimum combustion temperature and set the operating
parameter value that demonstrates compliance with Sec. 63.703(c),
(e)(1)(i), or (f)(1)(i), as appropriate.
    (4) For each catalytic incinerator, in lieu of meeting the
requirements of Sec. 63.704(b)(1), during the initial performance test
conducted according to the procedures of Sec. 63.705(c)(1), (2), or (4),
the owner or operator may establish as site-specific operating
parameters the minimum gas temperature upstream of the catalyst bed and
the minimum gas temperature difference across the catalyst bed, and set
the operating parameter values that demonstrate compliance with
Sec. 63.703(c), (e)(1)(i), or (f)(1)(i), as appropriate.
    (5) For each nonregenerative carbon adsorber, in lieu of meeting the
requirements of Sec. 63.704(b)(1), the owner or operator may establish
as the site-specific operating parameter the carbon replacement time
interval, as determined by the maximum design flow rate and organic
concentration in the

[[Page 162]]

gas stream vented to the carbon adsorption system. The carbon
replacement time interval shall be established either as part of the
design evaluation to demonstrate initial compliance (Sec. 63.705(c)(6)),
or during the initial performance test conducted according to the
procedures of Sec. 63.705(c)(1), (2), (3), or (4).
    (6) Each owner or operator venting solvent HAP emissions from a
source through a room, enclosure, or hood, to a control device to comply
with Sec. 63.703(c), (e)(1)(i), (f)(1)(i), or (i) shall:
    (i) Submit to the Administrator with the compliance status report
required by Sec. 63.9(h) of the General Provisions a plan that:
    (A) Identifies the operating parameter to be monitored to ensure
that the capture efficiency measured during the initial compliance test
is maintained;
    (B) Discusses why this parameter is appropriate for demonstrating
ongoing compliance; and
    (C) Identifies the specific monitoring procedures;
    (ii) Set the operating parameter value, or range of values, that
demonstrate compliance with Sec. 63.703(c), (e)(1)(i), (f)(1)(i), or
(i), as appropriate; and
    (iii) Conduct monitoring in accordance with the plan submitted to
the Administrator unless comments received from the Administrator
require an alternate monitoring scheme.
    (7) For each baghouse or fabric filter used to control particulate
HAP emissions in accordance with Sec. 63.703(d)(2), the owner or
operator shall establish as the site-specific operating parameter the
minimum ventilation air flow rate through the inlet duct to the baghouse
or fabric filter that ensures that particulate HAP are being captured
and delivered to the control device. The minimum ventilation air flow
rate is to be supported by the engineering calculations that are
considered part of the initial performance test, as required by
Sec. 63.705(g)(2).
    (8) Owners or operators subject to Sec. 63.704(b)(1), (2), (3), (4),
(5), (6), or (7) shall calculate the site-specific operating parameter
value, or range of values, as the arithmetic average of the maximum and/
or minimum operating parameter values, as appropriate, that demonstrate
compliance with Sec. 63.703(c), (d), (e), (f) or (i) during the multiple
test runs required by Sec. 63.705(b)(2) and (b)(1), or during the
multiple runs of other tests conducted as allowed by paragraph
Sec. 63.704(b)(11).
    (9) For each solvent recovery device used to comply with
Sec. 63.703(c), in lieu of meeting the requirements of paragraph (b)(1)
of this section, the results of the material balance calculation
conducted in accordance with Sec. 63.705(c)(1) may serve as the site-
specific operating parameter that demonstrates compliance with
Sec. 63.703(c).
    (10) Owners or operators complying with the provisions of
Sec. 63.703(g) shall establish the site-specific operating parameter
according to paragraph (b)(10)(i) or (ii) of this section.
    (i) Owners or operators using a steam stripper shall establish the
steam-to-feed ratio as the site-specific operating parameter, except as
allowed in paragraph (b)(10)(ii) of this section, according to the
following criteria:
    (A) The minimum operating parameter value shall correspond to at
least the fraction removed specified in Sec. 63.703(g)(1)(i) and be
submitted to the permitting authority for approval with the design
specifications required by Sec. 63.705(h)(1); or
    (B) The minimum operating parameter value shall be that value that
corresponds to a total VOHAP outlet concentration in the wastewater of
less than 50 ppmw as determined through tests conducted in accordance
with Sec. 63.705(b)(9) and (h)(2); or
    (C) The minimum operating parameter value shall be the value that
corresponds to at least the fraction removed specified in
Sec. 63.705(g)(1)(i), as demonstrated through tests conducted in
accordance with Sec. 63.705(b)(9) and (h)(3).
    (ii) Owners or operators complying with Sec. 63.703(g) through the
use of a steam stripper or any other control technique may establish as
a site-specific operating parameter the outlet total VOHAP concentration
according to the following criteria:
    (A) The minimum operating parameter value shall correspond to at
least the fraction removed specified in Sec. 63.703(g)(1)(i) and be
submitted to the permitting authority for approval with

[[Page 163]]

the design specifications required by Sec. 63.705(h)(1); or
    (B) The minimum operating parameter value shall be a total VOHAP
outlet concentration in the wastewater of less than 50 ppmw, as required
by Sec. 63.703(g)(1)(ii), and as determined through tests conducted in
accordance with Sec. 63.705 (b)(9) and (h)(2); or
    (C) The minimum operating parameter value shall be the value that
corresponds to at least the fraction removed specified in
Sec. 63.705(g)(1)(i), as demonstrated through tests conducted in
accordance with Sec. 63.705 (b)(9) and (h)(3).
    (11) Compliance provisions for nonrepresentative operating
conditions. (i) The owner or operator of an affected source may conduct
multiple performance tests to establish the operating parameter value,
or range of values, that demonstrates compliance with the standards in
Sec. 63.703 during various operating conditions.
    (ii) To establish an alternate outlet concentration limit as
provided in Sec. 63.703(i), the owner or operator, when the coating
operation is not occurring, shall conduct a performance test using the
methods in Sec. 63.705 for determining initial compliance with
Sec. 63.703 (c)(1), (e)(1)(i) or (f)(1)(i), or shall collect data from
continuous emission monitors used to determine continuous compliance as
specified in Sec. 63.704 (b) and (c). During the period in which this
limit is being established, the control device shall be operated in
accordance with good air pollution control practices and in the same
manner as it was operated to achieve the emission limitation for coating
operations. Owners or operators choosing to establish such an
alternative shall also comply with paragraphs (b)(11)(ii) (A) and (B) of
this section.
    (A) The owner or operator shall submit the alternate outlet HAP
concentration limit within 180 days after the compliance demonstration
required by Sec. 63.7 of subpart A, to the Administrator, as required by
Sec. 63.707(k)(1).
    (B) The Administrator will approve or disapprove the limit proposed
in accordance with paragraph (b)(11)(ii)(A) of this section within 60
days of receipt of the report required by Sec. 63.707(k)(1), and any
other supplemental information requested by the Administrator to support
the alternate limit.
    (c) Continuous compliance monitoring. Following the date on which
the initial compliance demonstration is completed, continuous compliance
with the standards shall be demonstrated as outlined in paragraphs (c),
(d), (e), or (f) of this section.
    (1)(i) Each owner or operator of an affected source subject to
Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i)
of this subpart shall monitor the applicable parameters specified in
paragraphs (c)(3), (4), (5), (6), (7), or (9) of this section depending
on the type of control technique used, and shall monitor the parameters
specified in paragraph (c)(10) of this section.
    (ii) Each owner or operator of an affected source subject to
Sec. 63.703(c)(5) of this subpart shall demonstrate continuous
compliance as required by paragraph (c)(8) of this section.
    (iii) Each owner or operator of an affected source subject to
Sec. 63.703(d)(2) of this subpart shall demonstrate continuous
compliance as required by paragraph (e) of this section.
    (iv) Each owner or operator of an affected source subject to
Sec. 63.703(g) of this subpart shall demonstrate continuous compliance
as required by paragraph (d) of this section.
    (2) Compliance monitoring shall be subject to the following
provisions.
    (i) Except as allowed by paragraph (c)(3)(i)(C) of this section, all
continuous emission monitors shall comply with performance specification
(PS) 8 or 9 in 40 CFR part 60, appendix B, as appropriate depending on
whether volatile organic compound (VOC) or HAP concentration is being
measured. The requirements in appendix F of 40 CFR part 60 shall also be
followed. In conducting the quarterly audits required by appendix F,
owners or operators must challenge the monitors with compounds
representative of the gaseous emission stream being controlled.
    (ii) All temperature monitoring equipment shall be installed,
calibrated, maintained, and operated according to the manufacturer's
specifications. The thermocouple calibration shall be verified or
replaced every 3 months. The replacement shall be done either if the
owner or operator

[[Page 164]]

chooses not to calibrate the thermocouple, or if the thermocouple cannot
be properly calibrated.
    (iii) If the effluent from multiple emission points are combined
prior to being channeled to a common control device, the owner or
operator is required only to monitor the common control device, not each
emission point.
    (3) Owners or operators complying with Sec. 63.703(c), (e)(1)(i),
(f)(1)(i), or (i) through the use of a control device and establishing a
site-specific operating parameter in accordance with Sec. 63.704(b)(1)
shall fulfill the requirements of paragraphs (c)(3)(i) of this section
and paragraph (c)(3)(ii), (iii), (iv), or (v) of this section, as
appropriate.
    (i) The owner or operator shall install, calibrate, operate, and
maintain a continuous emission monitor.
    (A) The continuous emission monitor shall be used to measure
continuously the total HAP or VOC concentration at both the inlet and
the outlet whenever HAP from magnetic tape manufacturing operations are
vented to the control device, if continuous compliance is demonstrated
through a percent efficiency calculation (Sec. 63.704(b)(1)(ii)); or
    (B) The continuous emission monitor shall be used to measure
continuously the total outlet HAP or VOC concentration whenever HAP from
magnetic tape manufacturing operations are vented to the control device,
if the provisions of Sec. 63.704(b)(1)(i) are being used to determine
continuous compliance.
    (C) For owners or operators using a nonregenerative carbon adsorber,
in lieu of using continuous emission monitors as specified in paragraph
(c)(3)(i) (A) or (B) of this section, the owner or operator may use a
portable monitoring device to monitor total HAP or VOC concentration at
the inlet and outlet, or outlet of the carbon adsorber, as appropriate.
    (1) The monitoring device shall be calibrated, operated, and
maintained in accordance with the manufacturer's specifications.
    (2) The monitoring device shall meet the requirements of part 60,
appendix A, method 21, sections 2, 3, 4.1, 4.2, and 4.4. For the
purposes of paragraph (c)(3)(i)(C) of this section, the words ``leak
definition'' in method 21 shall be the outlet concentration determined
in accordance with Sec. 63.704(b)(1). The calibration gas shall either
be representative of the compounds to be measured or shall be methane,
and shall be at a concentration associated with 125 percent of the
expected organic compound concentration level for the carbon adsorber
outlet vent.
    (3) The probe inlet of the monitoring device shall be placed at
approximately the center of the carbon adsorber outlet vent. The probe
shall be held there for at least 5 minutes during which flow into the
carbon adsorber is expected to occur. The maximum reading during that
period shall be used as the measurement.
    (ii) If complying with Sec. 63.703 (c)(1), (c)(3), (c)(4),
(e)(1)(i), (f)(1)(i), or (i) through the use of a carbon adsorption
system with a common exhaust stack for all of the carbon vessels, the
owner or operator shall not operate the control device at an average
control efficiency less than that required by Sec. 63.703 (c)(1),
(c)(3), (c)(4), (e)(1)(i), or (f)(1)(i) or at an average outlet
concentration exceeding the site-specific operating parameter value or
that required by Sec. 63.703(i), for three consecutive adsorption
cycles. Operation in this manner shall constitute a violation of
Sec. 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i).
    (iii) If complying with Sec. 63.703 (c)(1), (c)(3), (c)(4),
(e)(1)(i), (f)(1)(i), or (i) through the use of a carbon adsorption
system with individual exhaust stacks for each of the multiple carbon
adsorber vessels, the owner or operator shall not operate any carbon
adsorber vessel at an average control efficiency less than that required
by Sec. 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i), or at an
average outlet concentration exceeding the site-specific operating
parameter value or that required by Sec. 63.703(i), as calculated daily
using a 3-day rolling average. Operation in this manner shall constitute
a violation of Sec. 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i),
or (i).
    (iv) If complying with Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4),
(e)(1)(i), (f)(1)(i), or

[[Page 165]]

(i) through the use of any control device other than a carbon adsorber,
the owner or operator shall not operate the control device at an average
control efficiency less than that required by Sec. 63.703 (c)(1),
(c)(3), (c)(4), (e)(1)(i), or (f)(1)(i), or at an average outlet
concentration exceeding the site-specific operating parameter value or
that required by Sec. 63.703(c)(2) or (i), as calculated for any 3-hour
period. Operation in this manner shall constitute a violation of
Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or
(i).
    (v) If complying with Sec. 63.703(c)(1) through the use of a
nonregenerative carbon adsorber, in lieu of the requirements of
paragraphs (c)(3) (ii) or (iii) of this section, the owner or operator
may:
    (A) monitor the VOC or HAP concentration of the adsorber exhaust
daily or at intervals no greater than 20 percent of the design carbon
replacement interval, whichever is greater; operation of the control
device at a HAP or VOC concentration greater than that determined in
accordance with Sec. 63.704(b)(1)(iii) shall constitute a violation of
Sec. 63.703 (c)(1), (e)(1)(i), or (f)(1)(i); or
    (B) replace the carbon in the carbon adsorber system with fresh
carbon at a regular predetermined time interval as determined in
accordance with Sec. 63.704(b)(5); failure to replace the carbon at this
predetermined time interval shall constitute a violation of Sec. 63.703
(c)(1), (e)(1)(i), or (f)(1)(i).
    (4) Owners or operators complying with Sec. 63.703 (c)(1), (c)(3),
(c)(4), (e)(1)(i), (f)(1)(i), or (i) through the use of a condenser as
the add-on air pollution control device, and demonstrating compliance in
accordance with Sec. 63.704(b)(2), shall install, calibrate, operate,
and maintain a thermocouple to measure continuously the temperature of
the condenser vapor exhaust stream whenever HAP from magnetic tape
manufacturing operations are vented to the control device. Operation of
the control device at an average vapor exhaust temperature greater than
the site-specific operating parameter value or values established in
accordance with Sec. 63.704(b)(2) for any 3-hour period shall constitute
a violation of Sec. 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i)
or (i).
    (5) Owners or operators complying with Sec. 63.703 (c)(1), (c)(2),
(c)(3), (c)(4), (e)(1)(i), or (f)(1)(i) through the use of a thermal
incinerator and demonstrating compliance in accordance with
Sec. 63.704(b)(3) shall install, calibrate, operate, and maintain a
thermocouple to measure continuously the combustion temperature whenever
HAP from magnetic tape manufacturing operations are vented to the
control device. Operation of the control device at an average combustion
temperature less than the operating parameter value or values
established in accordance with Sec. 63.704(b)(3) for any 3-hour period
shall constitute a violation of Sec. 63.703 (c)(1), (c)(2), (c)(3),
(c)(4), (e)(1)(i), or (f)(1)(i).
    (6) Owners or operators complying with Sec. 63.703 (c)(1), (c)(2),
(c)(3), (c)(4), (e)(1)(i), or (f)(1)(i) through the use of a catalytic
incinerator and demonstrating compliance in accordance with
Sec. 63.704(b)(4) shall install, calibrate, operate, and maintain a
thermocouple to measure continuously the gas temperature both upstream
and downstream of the catalyst bed whenever HAP from magnetic tape
manufacturing operations are vented to the control device. Operation of
the control device at an average upstream gas temperature, or at an
average gas temperature difference across the catalyst bed, less than
the operating parameter values established in accordance with
Sec. 63.704(b)(4) for any 3-hour period shall constitute a violation of
Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i).
    (7) Owners or operators complying with Sec. 63.703 (c)(1), (c)(2),
(c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) by capturing emissions
through a room, enclosure, or hood shall install, calibrate, operate,
and maintain the instrumentation necessary to measure continuously the
site-specific operating parameter established in accordance with
Sec. 63.704(b)(6) whenever HAP from magnetic tape manufacturing
operations are vented through the capture device. Operation of the
capture device at an average value greater than or less than (as
appropriate) the operating parameter value established in accordance
with Sec. 63.704(b)(6) for any 3-hour period shall constitute a
violation of Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i),
(f)(1)(i), or (i).

[[Page 166]]

    (8) The owner or operator of an affected source complying with
Sec. 63.703(c)(5) shall demonstrate continuous compliance by using a
coating that has a HAP content of no greater than 0.18 kilograms of HAP
per liter of coating solids, as measured in accordance with
Sec. 63.705(c)(5), and by maintaining and reporting the records required
by Secs. 63.706(f) and 63.707(e) and (i)(2).
    (9) For owners or operators complying with Sec. 63.703 (c)(1),
(c)(3), or (c)(4) through the use of a solvent recovery device and
demonstrating initial compliance in accordance with the provisions of
Sec. 63.705(c)(1), continuous compliance shall be demonstrated using
procedures in Sec. 63.705(c)(1) and through the recordkeeping and
reporting requirements of Secs. 63.706(d), 63.707(d), and 63.707(i)(5).
The provisions of Sec. 63.8(b) (2) and (3), (c), (d), (e), (f), and (g)
(1), and (2) of subpart A do not apply.
    (10) The owner or operator of an affected emission point using a
vent system that contains bypass lines (not including equipment such as
low leg drains, high point bleeds, analyzer vents, open-ended valves or
lines, and pressure relief valves needed for safety purposes) that could
potentially divert a vent stream away from the control device used to
comply with Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i),
(f)(1)(i), or (i) shall:
    (i) Install, calibrate, maintain, and operate a flow indicator that
provides a record of vent stream flow at least once every 15 minutes;
records shall be generated as specified in Sec. 63.706(c)(1); and the
flow indicator shall be installed at the entrance to any bypass line
that could divert the vent stream away from the control device to the
atmosphere; or
    (ii) Secure any bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration; a visual inspection of the
seal or closure mechanism shall be performed at least once every month
to ensure that the valve is maintained in the closed position and the
vent stream is not diverted through the bypass line; or
    (iii) Ensure that any bypass line valve is in the closed position
through continuous monitoring of valve position; the monitoring system
shall be inspected at least once every month to ensure that it is
functioning properly; or
    (iv) Use an automatic shutdown system in which any HAP-emitting
operations are ceased when flow from these operations is diverted away
from the control device to any bypass line; the automatic system shall
be inspected at least once every month to ensure that it is functioning
properly.
    (d) Owners or operators complying with Sec. 63.703(g) shall
demonstrate continuous compliance in accordance with paragraph (d)(1) or
(d)(2) of this section.
    (1) An owner or operator that established the steam-to-feed ratio as
the site-specific operating parameter in accordance with
Sec. 63.704(b)(10)(i) shall continuously measure the steam-to-feed ratio
whenever HAP-containing wastewater from magnetic tape manufacturing
operations is being fed to the steam stripper. Operation of the steam
stripper at a steam-to-feed ratio less than the operating parameter
value or values established in accordance with Sec. 63.704(b)(10)(i) for
any 3-hour period shall constitute a violation of Sec. 63.703(g).
    (2) An owner or operator that established the total outlet VOHAP
concentration of the wastewater discharge as the site-specific operating
parameter in accordance with Sec. 63.704(b)(10)(ii) shall measure the
total VOHAP concentration of the wastewater discharge once per month.
Operation of the control device at an outlet VOHAP concentration greater
than the operating parameter value or values established in accordance
with Sec. 63.704(b)(10)(ii) for any month shall constitute a violation
of Sec. 63.703(g).
    (e) Owners or operators complying with Sec. 63.703(d)(2) of this
subpart through the use of a baghouse or fabric filter shall perform
visible emission testing each day that particulate HAP transfer occurs,
using the procedures in Sec. 63.705(b)(10). Owners or operators shall
also install, calibrate, and operate the instrumentation necessary to
continuously monitor the ventilation air flow rate in the inlet duct to
the baghouse or fabric filter whenever particulate HAP transfer occurs.
The occurrence of

[[Page 167]]

visible emissions shall constitute a violation of Sec. 63.703(d)(2), and
the operation of the baghouse or fabric filter at a flow rate less than
the value or values established in accordance with Sec. 63.704(b)(7) for
any 3-hour period shall constitute a violation of Sec. 63.703(d)(2).
    (f) An owner or operator who uses an air pollution control device
not listed in Sec. 63.704 to comply with Sec. 63.703(c), (e)(1)(i),
(f)(1)(i), or (i), or a device other than a steam stripper to comply
with Sec. 63.703(g) shall submit to the Administrator a description of
the device, test data verifying the performance of the device, and
appropriate site-specific operating parameters that will be monitored to
demonstrate continuous compliance with the standard. The monitoring plan
submitted by an owner or operator in accordance with this paragraph is
subject to approval by the Administrator.



Sec. 63.705  Performance test methods and procedures to determine
initial compliance.

    (a) Except as specified in Sec. 63.705(a) (1) through (3), to
determine initial compliance with the emission limits under Sec. 63.703
(c), (d)(2), (e)(1), (f)(1), and (g), the owner or operator shall
conduct an initial performance demonstration as required under Sec. 63.7
using the procedures and test methods listed in Sec. 63.7 and
Sec. 63.705. If multiple emission points are vented to one common
control device to meet the requirements of Sec. 63.703 (c), (d)(2),
(e)(1), and (f)(1), only one performance test is required to demonstrate
initial compliance for that group of emission points. This section also
contains initial compliance demonstration procedures (other than
testing) for owners or operators subject to Sec. 63.703 (c), (d)(1),
(e)(1)(ii), (f)(1)(ii), and (g).
    (1) A control device (not enclosure) used to comply with Sec. 63.703
(c), (e), or (f) does not need to be tested if each of the following
criteria are met:
    (i) It is used to control gaseous HAP emissions from an existing
affected source;
    (ii) It is operating prior to March 11, 1994;
    (iii) It is equipped with continuous emission monitors for
determining inlet and outlet total HAP or VOC concentration, such that a
percent efficiency can be calculated; and
    (iv) The continuous emission monitors are used to demonstrate
continuous compliance in accordance with Sec. 63.704(c)(3)(i).
    (2) The owner or operator is not required to conduct an initial
performance test if the requirements of Sec. 63.7(e)(2)(iv) or
Sec. 63.7(h) are met.
    (3) An owner or operator is not required to conduct an initial
performance test for a capture device when:
    (i) The room, enclosure, or vent was previously tested to
demonstrate compliance with subpart SSS of part 60; and
    (ii) Sufficient data were gathered during the test to establish
operating parameter values in accordance with Sec. 63.704(b)(6) (i),
(ii), and (iii).
    (b) When an initial compliance demonstration is required by this
subpart, the procedures in paragraphs (b)(1) through (b)(10) of this
section shall be used in determining initial compliance with the
provisions of this subpart.
    (1) EPA Method 24 of appendix A of part 60 is used to determine the
VOC content in coatings. If it is demonstrated to the satisfaction of
the Administrator that plant coating formulation data are equivalent to
EPA Method 24 results, formulation data may be used. In the event of any
inconsistency between an EPA Method 24 test and an affected source's
formulation data, the EPA Method 24 test will govern. For EPA Method 24,
the coating sample must be a 1-liter sample taken into a 1-liter
container at a location and time such that the sample will be
representative of the coating applied to the base substrate (i.e., the
sample shall include any dilution solvent or other VOC added during the
manufacturing process). The container must be tightly sealed immediately
after the sample is taken. Any solvent or other VOC added after the
sample is taken must be measured and accounted for in the calculations
that use EPA Method 24 results.
    (2) Formulation data is used to determine the HAP content of
coatings.
    (3) Either EPA Method 18 or EPA Method 25A of appendix A of part 60,
as appropriate to the conditions at the site, shall be used to determine
HAP or

[[Page 168]]

VOC concentration of air exhaust streams as required by Sec. 63.705(c).
The owner or operator shall submit notice of the intended test method to
the Administrator for approval along with the notification of the
performance test required under Sec. 63.7(b). Method selection shall be
based on consideration of the diversity of organic species present and
their total concentration and on consideration of the potential presence
of interfering gases. Except as indicated in paragraphs (b)(3) (i) and
(ii) of this section, the test shall consist of three separate runs,
each lasting a minimum of 30 minutes.
    (i) When either EPA Method 18 or EPA Method 25A is to be used in the
determination of the efficiency of a fixed-bed carbon adsorption system
with a common exhaust stack for all the individual carbon adsorber
vessels pursuant to Sec. 63.705(c) (2) or (4), the test shall consist of
three separate runs, each coinciding with one or more complete sequences
through the adsorption cycles of all of the individual carbon adsorber
vessels.
    (ii) When either EPA Method 18 or EPA Method 25A is to be used in
the determination of the efficiency of a fixed-bed carbon adsorption
system with individual exhaust stacks for each carbon adsorber vessel
pursuant to Sec. 63.705(c) (3) or (4), each carbon adsorber vessel shall
be tested individually. The test for each carbon adsorber vessel shall
consist of three separate runs. Each run shall coincide with one or more
complete adsorption cycles.
    (4) EPA Method 1 or 1A of appendix A of part 60 is used for sample
and velocity traverses.
    (5) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used for
velocity and volumetric flow rates.
    (6) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (7) EPA Method 4 of appendix A of part 60 is used for stack gas
moisture.
    (8) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as
applicable, at least twice during each test period.
    (9) Wastewater analysis shall be conducted in accordance with
paragraph (b)(9)(i) or (b)(9)(ii) of this section.
    (i) Use Method 305 of 40 CFR part 63, appendix A and the equations
in paragraphs (b)(9)(i) (A) and (B) of this section to determine the
total VOHAP concentration of a wastewater stream.
    (A) The following equation shall be used to calculate the VOHAP
concentration of an individually speciated HAP.
[GRAPHIC] [TIFF OMITTED] TR15DE94.003

where:

Ci = VOHAP concentration of the individually-speciated
          organic HAP in the wastewater, parts per million by weight.
Cc = Concentration of the organic HAP (i) in the gas stream,
          as measured by Method 305 of appendix A of this part, parts
          per million by volume on a dry basis.
Ms = Mass of sample, from Method 305 of appendix A of this
          part, milligrams.
MW = Molecular weight of the organic HAP (i), grams per gram-mole.
24.055 = Ideal gas molar volume at 293 deg. Kelvin and 760 millimeters
          of mercury, liters per gram-mole.
Pi = Barometric pressure at the time of sample analysis,
          millimeters mercury absolute.
760 = Reference or standard pressure, millimeters mercury absolute.
293 = Reference or standard temperature,  deg.Kelvin.
Ti = Sample gas temperature at the time of sample analysis,
          deg.Kelvin.
t = Actual purge time, from Method 305 of appendix A of this part,
          minutes.
L = Actual purge rate, from Method 305 of appendix A of this part,
          liters per minute.
10\3\ = Conversion factor, milligrams per gram.

    (B) Total VOHAP concentration (stream) can be determined by summing
the VOHAP concentrations of all individually speciated organic HAP in
the wastewater.

[[Page 169]]

[GRAPHIC] [TIFF OMITTED] TR15DE94.004

where:

Cstream = Total VOHAP concentration of wastewater stream.
n=Number of individual organic HAP (i) in the wastewater stream.
Ci = VOHAP concentration of individual organic HAP (i)
          calculated according to the procedures in paragraph
          (b)(9)(i)(A) of this section.

    (ii) Use a test method or results from a test method that measures
organic HAP concentrations in the wastewater, and that has been
validated according to section 5.1 or 5.3 of Method 301 of appendix A of
this part. The specific requirement of Method 305 of appendix A of this
part to collect the sample into polyethylene glycol would not be
applicable.
    (A) If measuring the total VOHAP concentration of the exit stream in
accordance with Secs. 63.703(g)(1)(ii) and 63.705(h)(2), the
concentrations of the individual organic HAP measured in the water shall
be corrected to their concentrations had they been measured by Method
305 of appendix A of this part. This is done by multiplying each
concentration by the compound-specific fraction measured factor
(FM) listed in table 34 of 40 CFR part 63, subpart G.
    (B) If measuring the total HAP concentration of an inlet and outlet
wastewater stream to demonstrate compliance with Sec. 63.703(g)(1)(i)
and following the procedures of Sec. 63.705(h)(3), the concentrations of
the individual organic HAP measured in the water do not need to be
corrected.
    (10) EPA Method 22 of appendix A of part 60 is used to determine
visible emissions. Visible emissions testing shall be conducted for a
minimum of 6 minutes during a time when particulate HAP transfer, as
defined in this subpart, is occurring.
    (c) Initial compliance demonstrations. Except as stipulated in
Sec. 63.705(a), each owner or operator subject to the requirements of
Sec. 63.703(c) must demonstrate initial compliance with the requirements
of this subpart by following the procedures of paragraphs (c)(1), (2),
(3), (4), (5), or (6) and paragraph (d) of this section, as applicable.
Each owner or operator subject to Sec. 63.703(d), (e), (f), and (g) must
demonstrate initial compliance with the requirements of this subpart by
following the procedures of paragraphs (e), (f), (g), and (h) of this
section, as appropriate.
    (1) To demonstrate initial and continuous compliance with
Sec. 63.703(c)(1), (c)(3), or (c)(4) when emissions from only the
affected coating operations are controlled by a dedicated solvent
recovery device, each owner or operator of the affected coating
operation may perform a liquid-liquid HAP or VOC material balance over
rolling 7-day periods in lieu of demonstrating compliance through the
methods in paragraphs (c)(2), (c)(3), or (c)(4) of this section. Results
of the material balances calculation performed to demonstrate initial
compliance shall be submitted to the Administrator with the notification
of compliance status required by Sec. 63.9(h) and Sec. 63.707(d). When
demonstrating compliance by this procedure, Sec. 63.7(e)(3) of subpart A
does not apply. The amount of liquid HAP or VOC applied and recovered
shall be determined as discussed in paragraph (c)(1)(iii) of this
section. The overall HAP or VOC emission reduction (R) is calculated
using equation 1:
[GRAPHIC] [TIFF OMITTED] TR15DE94.005

    (i) The value of RSi is zero unless the owner or operator
submits the following information to the Administrator for approval of a
measured RSi value that is greater than zero:
    (A) Measurement techniques; and
    (B) Documentation that the measured value of RSi exceeds
zero.
    (ii) The measurement techniques of paragraph (c)(1)(i)(A) of this
section shall be submitted to the Administrator for approval with the
notification of performance test required under Sec. 63.7(b).
    (iii) Each owner or operator demonstrating compliance by the test
method described in paragraph (c)(1) of this section shall:

[[Page 170]]

    (A) Measure the amount of coating applied at the coater;
    (B) Determine the VOC or HAP content of all coating applied using
the test method specified in Sec. 63.705(b) (1) or (2);
    (C) Install, calibrate, maintain, and operate, according to the
manufacturer's specifications, a device that indicates the amount of HAP
or VOC recovered by the solvent recovery device over rolling 7-day
periods; the device shall be certified by the manufacturer to be
accurate to within 2.0 percent, and this certification shall be kept on
record;
    (D) Measure the amount of HAP or VOC recovered; and
    (E) Calculate the overall HAP or VOC emission reduction (R) for
rolling 7-day periods using Equation 1.
    (iv) Compliance is demonstrated if the value of R is equal to or
greater than the overall HAP control efficiency required by Sec. 63.703
(c)(1), (c)(3), or (c)(4).
    (2) To demonstrate initial compliance with Sec. 63.703 (c)(1),
(c)(2), (c)(3), or (c)(4) when affected HAP emission points are
controlled by an emission control device other than a fixed-bed carbon
adsorption system with individual exhaust stacks for each carbon
adsorber vessel, each owner or operator of an affected source shall
perform a gaseous emission test using the following procedures.
    (i) Construct the overall HAP emission reduction system so that all
volumetric flow rates and total HAP or VOC emissions can be accurately
determined by the applicable test methods and procedures specified in
Sec. 63.705(b) (3) through (8).
    (ii) Determine capture efficiency from the HAP emission points by
capturing, venting, and measuring all HAP emissions from the HAP
emission points. During a performance test, the owner or operator of
affected HAP emission points located in an area with other gaseous
emission sources not affected by this subpart shall isolate the affected
HAP emission points from all other gaseous emission points by one of the
following methods:
    (A) Build a temporary total enclosure (see Sec. 63.702) around the
affected HAP emission point(s); or
    (B) Shut down all gaseous emission points not affected by this
subpart and continue to exhaust fugitive emissions from the affected HAP
emission points through any building ventilation system and other room
exhausts such as drying ovens.
    All ventilation air must be vented through stacks suitable for
testing.
    (iii) Operate the emission control device with all affected HAP
emission points connected and operating.
    (iv) Determine the efficiency (E) of the control device using
equation 2:
[GRAPHIC] [TIFF OMITTED] TR15DE94.006

    (v) Determine the efficiency (F) of the capture system using
equation 3:
[GRAPHIC] [TIFF OMITTED] TR15DE94.007

    (vi) For each HAP emission point subject to Sec. 63.703, compliance
is demonstrated if either of the following conditions are met:
    (A) The product of (E)x(F) is equal to or greater than the overall
HAP control efficiency required by Sec. 63.703(c)(1), (c)(3), or (c)(4);
or
    (B) When the owner or operator is subject to Sec. 63.703(c)(2), the
value of F is equal to 1 and the value of Caj at the outlet
of the incinerator is demonstrated to be no greater than 20 ppmv by
compound, on a dry basis.
    (3) To demonstrate compliance with Sec. 63.703(c)(1), (c)(3), or
(c)(4) when affected HAP emission points are controlled by a fixed-bed
carbon adsorption system with individual exhaust stacks for each carbon
adsorber vessel, each owner or operator of an affected source shall
perform a gaseous emission test using the following procedures:
    (i) Construct the overall HAP emission reduction system so that each
volumetric flow rate and the total HAP

[[Page 171]]

emissions can be accurately determined by the applicable test methods
and procedures specified in Sec. 63.705(b) (3) through (8);
    (ii) Assure that all HAP emissions from the affected HAP emission
point(s) are segregated from gaseous emission points not affected by
this subpart and that the emissions can be captured for measurement, as
described in Sec. 63.705(c)(2)(ii) (A) and (B);
    (iii) Operate the emission control device with all affected HAP
emission points connected and operating;
    (iv) Determine the efficiency (Hv) of each individual
carbon adsorber vessel (v) using equation 4:
[GRAPHIC] [TIFF OMITTED] TR15DE94.008

    (v) Determine the efficiency of the carbon adsorption system
(Hsys) by computing the average efficiency of the individual
carbon adsorber vessels as weighted by the volumetric flow rate
(Qhv) of each individual carbon adsorber vessel (v) using
equation 5:
[GRAPHIC] [TIFF OMITTED] TR15DE94.009

    (vi) Determine the efficiency (F) of the capture system using
equation (3).
    (vii) For each HAP emission point subject to Sec. 63.703(c),
compliance is demonstrated if the product of (Hsys)x(F) is
equal to or greater than the overall HAP control efficiency required by
Sec. 63.703(c)(1), (c)(3), or (c)(4).
    (4) An alternative method of demonstrating compliance with
Sec. 63.703(c)(1) through (c)(4) is the installation of a total
enclosure around the affected HAP emission point(s) and the ventilation
of all HAP emissions from the total enclosure to a control device with
the efficiency or outlet concentration specified in paragraph
(c)(4)(iii) of this section. If this method is selected, the compliance
test methods described in paragraphs (c)(1), (c)(2), and (c)(3) of this
section are not required. Instead, each owner or operator of an affected
source shall:
    (i) Demonstrate that a total enclosure is installed. An enclosure
that meets the requirements in paragraphs (c)(4)(i) (A) through (D) of
this section shall be considered a total enclosure. The owner or
operator of an enclosure that does not meet these requirements may apply
to the Administrator for approval of the enclosure as a total enclosure
on a case-by-case basis. The enclosure shall be considered a total
enclosure if it is demonstrated to the satisfaction of the Administrator
that all HAP emissions from the affected HAP emission point(s) are
contained and vented to the control device. The requirements for
automatic approval are as follows:
    (A) Total area of all natural draft openings shall not exceed 5
percent of the total surface area of the total enclosure's walls, floor,
and ceiling;
    (B) All sources of emissions within the enclosure shall be a minimum
of four equivalent diameters away from each natural draft opening;
    (C) Average inward face velocity (FV) across all natural draft
openings shall be a minimum of 3,600 meters per hour as determined by
the following procedures:
    (1) All forced makeup air ducts and all exhaust ducts are
constructed so that the volumetric flow rate in each can be accurately
determined by the test methods and procedures specified in
Sec. 63.705(b) (4) and (5); volumetric flow rates shall be calculated
without the adjustment normally made for moisture content; and
    (2) Determine FV by equation 6:

[[Page 172]]

[GRAPHIC] [TIFF OMITTED] TR15DE94.010

    (D) The air passing through all natural draft openings shall flow
into the enclosure continuously. If FV is less than or equal to 9,000
meters per hour, the continuous inward flow of air shall be verified by
continuous observation using smoke tubes, streamers, tracer gases, or
other means approved by the Administrator over the period that the
volumetric flow rate tests required to determine FV are carried out. If
FV is greater than 9,000 meters per hour, the direction of airflow
through the natural draft openings shall be presumed to be inward at all
times without verification.
    (ii) Determine the control device efficiency using equation (2) or
equations (4) and (5), as applicable, and the test methods and
procedures specified in Sec. 63.705(b) (3) through (8).
    (iii) Be in compliance if either of the following criteria are met:
    (A) The installation of a total enclosure is demonstrated and the
value of E determined from equation (2) (or the value of Hsys
determined from equations (4) and (5), as applicable) is equal to or
greater than the overall HAP control efficiency required by Sec. 63.703
(c)(1), (c)(3), or (c)(4); or
    (B) When the owner or operator is subject to Sec. 63.703(c)(2), the
installation of a total enclosure is demonstrated and the value of
Caj at the outlet of the incinerator is demonstrated to be no
greater than 20 ppmv by compound, on a dry basis.
    (5) To demonstrate initial and continuous compliance with
Sec. 63.703(c)(5), each owner or operator of an affected source shall
determine the mass of HAP contained in the coating per volume of coating
solids applied for each batch of coating applied, according to the
procedures of paragraphs (c)(5) (i) through (iii) of this section. If a
batch of coating is identical to a previous batch of coating applied,
the original calculations can be used to demonstrate the compliance of
subsequent identical batches. The calculation of the HAP content of the
coating used to demonstrate initial compliance with Sec. 63.703(c)(5)
shall be submitted to the Administrator with the notification of
compliance status required by Sec. 63.9(h) and Sec. 63.707(e). When
demonstrating compliance by this procedure, Sec. 63.7(e)(3) of subpart A
does not apply.
    (i) Determine the weight fraction of HAP in each coating applied
using formulation data as specified in Sec. 63.705(b)(2);
    (ii) Determine the volume of coating solids in each coating applied
from the facility records; and
    (iii) Compute the mass of HAP per volume of coating solids by
equation 7:
[GRAPHIC] [TIFF OMITTED] TR15DE94.011

    (iv) The owner or operator of an affected source is in compliance
with Sec. 63.703(c)(5) if the value of G is less than or equal to 0.18
kilogram of HAP per liter of coating solids applied.
    (6) When nonregenerative carbon adsorbers are used to comply with
Sec. 63.703(c)(1), the owner or operator may conduct a design evaluation
to demonstrate initial compliance in lieu of

[[Page 173]]

following the compliance test procedures of paragraph (c) (1), (2), (3),
or (4) of this section. The design evaluation shall consider the vent
stream composition, constituent concentrations, flow rate, relative
humidity, and temperature, and shall establish the design exhaust vent
stream organic compound concentration level, capacity of the carbon bed,
type and working capacity of activated carbon used for the carbon bed,
and design carbon replacement interval based on the total carbon working
capacity of the control device and the emission point operating
schedule.
    (d)(1) To demonstrate initial compliance with Sec. 63.703(c) when
hard piping or ductwork is used to direct HAP emissions from a HAP
source to the control device, each owner or operator shall demonstrate
upon inspection that the criteria of paragraph (d)(1)(i) and paragraph
(d)(1) (ii) or (iii) are met.
    (i) The equipment must be vented to a control device.
    (ii) The control device efficiency (E or Hsys, as
applicable) determined using equation (2) or equations (4) and (5),
respectively, and the test methods and procedures specified in
Sec. 63.705(b) (3) through (8), must be equal to or greater than the
overall HAP control efficiency required by Sec. 63.703 (c)(1), (c)(3),
or (c)(4), or the outlet concentration must be no greater than 20 ppmv
by compound, on a dry basis, as required by Sec. 63.703(c)(2).
    (iii) When a nonregenerative carbon adsorber is used, the ductwork
from the affected emission point(s) must be vented to the control device
and the carbon adsorber must be demonstrated, through the procedures of
Sec. 63.705(c) (1), (2), (3), (4), or (6) to meet the requirements of
Sec. 63.703(c)(1).
    (2) To demonstrate initial compliance with provisions for mix
preparation equipment, owners or operators shall, in addition to
paragraph (d)(1) of this section, ensure that covers are closed at all
times except when adding ingredients, withdrawing samples, transferring
the contents, or making visual inspection when such activities cannot be
carried out with the cover in place. Such activities shall be carried
out through ports of the minimum practical size.
    (e) To demonstrate initial compliance with Sec. 63.703(e), the owner
or operator of a wash sink subject to the provisions of this standard
shall:
    (1) If complying with Sec. 63.703(e)(1)(ii), maintain at least the
required minimum freeboard ratio at all times; or
    (2) If complying with Sec. 63.703(e)(1)(i), the owner or operator of
an existing wash sink that vents emissions from the wash sink to a
control device prior to March 11, 1994 must demonstrate that the control
device is at least 95-percent efficient in accordance with
Sec. 63.705(c) (2), (3), (4), or (6); or
    (3) If complying with Sec. 63.703(e)(1)(i), each owner or operator
that vents emissions from the wash sink, through a capture device, and
to a control device starting on or after March 11, 1994, must
demonstrate that the overall HAP control efficiency is at least 88
percent using the test methods and procedures in Sec. 63.705(c) (2),
(3), (4), or (6).
    (f) To demonstrate initial compliance with Sec. 63.703(f), the owner
or operator shall:
    (1) If complying with Sec. 63.703(f)(1)(ii), install and use a
closed system for flushing fixed lines; or
    (2) If complying with Sec. 63.703(f)(1)(i), each owner or operator
that vents emissions from the flushing operation, through a capture
device, and to a control device must demonstrate that the overall HAP
control efficiency is at least 95 percent using the test methods and
procedures in Sec. 63.705(c) (2), (3), (4), or (6).
    (g) To demonstrate initial compliance with Sec. 63.703(d), the owner
or operator shall:
    (1) If complying with Sec. 63.703(d)(1), install an enclosed
transfer device for conveying particulate HAP, and use this device,
following manufacturer's specifications or other written procedures
developed for the device; or
    (2) If complying with Sec. 63.703(d)(2):
    (i) Test the baghouse or fabric filter to demonstrate that there are
no visible emissions using the test method in Sec. 63.705(b)(10); and
    (ii) provide engineering calculations in accordance with
Sec. 63.707(h) of this subpart with the performance test results
required by Sec. 63.7(g)(1) and Sec. 63.9(h) of subpart A, to
demonstrate that the

[[Page 174]]

ventilation rate from the particulate transfer activity to the control
device is sufficient for capturing the particulate HAP.
    (h) To demonstrate initial compliance with Sec. 63.703(g), the owner
or operator of an affected source shall follow the compliance procedures
of either paragraph (h)(1), paragraph (h)(2), or paragraph (h)(3) of
this section.
    (1) The owner or operator shall submit to the permitting authority
with the notification of compliance status required by Sec. 63.9(h) and
Sec. 63.707(f) the design specifications demonstrating that the control
technique meets the required efficiency for each HAP compound. For steam
strippers, these specifications shall include at a minimum: feed rate,
steam rate, number of theoretical trays, number of actual trays, feed
composition, bottoms composition, overheads composition, and inlet feed
temperature.
    (2) The owner or operator shall demonstrate the compliance of a
treatment process with the parts per million by weight (ppmw) wastewater
stream concentration limits specified in Sec. 63.703(g)(1)(ii) by
measuring the concentration of total VOHAP at the outlet of the
treatment process using the method specified in Sec. 63.705(b)(9) (i) or
(ii). A minimum of three representative samples of the wastewater stream
exiting the treatment process, which are representative of normal flow
and concentration conditions, shall be collected and analyzed.
Wastewater samples shall be collected using the sampling procedures
specified in Method 25D of appendix A of part 60. Where feasible,
samples shall be taken from an enclosed pipe prior to the wastewater
being exposed to the atmosphere. When sampling from an enclosed pipe is
not feasible, a minimum of three representative samples shall be
collected in a manner that minimizes exposure of the sample to the
atmosphere and loss of organic HAP prior to analysis.
    (3) The owner or operator shall demonstrate the compliance of a
treatment process with the HAP fraction removed requirement specified in
Sec. 63.703(g)(1)(i) by measuring the concentration of each HAP at the
inlet and outlet of the treatment process using the method specified in
Sec. 63.705(b)(9) (i) or (ii) and the procedures of paragraphs (h)(3)
(i) through (iii) of this section.
    (i) The same test method shall be used to analyze the wastewater
samples from both the inlet and outlet of the treatment process.
    (ii) The HAP mass flow rate of each individually speciated HAP
compound entering the treatment process (Eb) and exiting the
treatment process (Ea) shall be determined by computing the
product of the flow rate of the wastewater stream entering or exiting
the treatment process, and the HAP concentration of each individual HAP
compound of the entering or exiting wastewater streams, respectively.
    (A) The flow rate of the entering and exiting wastewater streams
shall be determined using inlet and outlet flow meters, respectively.
    (B) The average HAP concentration of each individual HAP of the
entering and exiting wastewater streams shall be determined according to
the procedures specified in either paragraph (b)(9)(i)(A) or
(b)(9)(ii)(B) of this section. If measuring the VOHAP concentration of
an individual HAP in accordance with Sec. 63.705(b)(9)(i)(A), the
concentrations of the individual organic VOHAP measured in the water
shall be corrected to a HAP concentration by dividing each VOHAP
concentration by the compound-specific fraction measured factor
(FM) listed in table 34 of 40 CFR part 63, subpart G.
    (C) Three grab samples of the entering wastewater stream shall be
taken at equally spaced time intervals over a 1-hour period. Each 1-hour
period constitutes a run, and the performance test shall consist of a
minimum of three runs.
    (D) Three grab samples of the exiting wastewater stream shall be
taken at equally spaced time intervals over a 1-hour period. Each 1-hour
period constitutes a run, and the performance test shall consist of a
minimum of three runs conducted over the same 3-hour period at which the
total HAP mass flow rate entering the treatment process is determined.
    (E) The HAP mass flow rates of each individual HAP compound entering
and exiting the treatment process are calculated as follows:

[[Page 175]]

[GRAPHIC] [TIFF OMITTED] TR15DE94.012

where:

Eb = HAP mass flow rate of an individually speciated HAP
          compound entering the treatment process, kilograms per hour.
Ea = HAP mass flow rate of an individually speciated HAP
          compound exiting the treatment process, kilograms per hour.
K = Density of the wastewater stream, kilograms per cubic meter.
Vbp = Average volumetric flow rate of wastewater entering the
          treatment process during each run p, cubic meters per hour.
Vap = Average volumetric flow rate of wastewater exiting the
          treatment process during each run p, cubic meters per hour.
Cbp = Average HAP concentration of an individually speciated
          HAP in the wastewater stream entering the treatment process
          during each run p, parts per million by weight.
Cap = Average HAP concentration of an individually speciated
          HAP in the wastewater stream exiting the treatment process
          during each run p, parts per million by weight.
n = Number of runs.

    (iii) The fraction removed across the treatment process for each
individually speciated HAP compound shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR15DE94.013

where:

FR = Fraction removed for an individually speciated HAP
          compound of the treatment process.
Eb = HAP mass flow rate of an individually speciated HAP
          compound entering the treatment process, kilogram per hour.
Ea = HAP mass flow rate of an individually speciated HAP
          compound exiting the treatment process, kilograms per hour.

    (i) Startups and shutdowns are normal operation for this source
category. Emissions from these activities are to be included when
determining if the standards specified in Sec. 63.703 are being
attained.
    (j) An owner or operator who uses compliance techniques other than
those specified in this subpart shall submit a description of those
compliance procedures, subject to the Administrator's approval, in
accordance with Sec. 63.7(f) of subpart A.



Sec. 63.706  Recordkeeping requirements.

    (a) Except as stipulated in Sec. 63.703 (b), (c)(5), and (h), the
owner or operator of a magnetic tape manufacturing operation subject to
this subpart shall fulfill all applicable recordkeeping requirements in
Sec. 63.10 of subpart A, as outlined in Table 1.
    (b) The owner or operator of an affected source subject to this
subpart that is also subject to the requirements of
Sec. 63.703(e)(1)(ii) (a minimum freeboard ratio of 75 percent), shall
record whether or not the minimum freeboard ratio has been achieved
every time that HAP solvent is added to the wash sink. A measurement of
the actual ratio is not necessary for each record as long as the owner
or operator has a reliable method for making the required determination.
For example, the record may be made by comparing the HAP solvent level
to a permanent mark on the sink that corresponds to a 75 percent
freeboard ratio. A HAP solvent level in the sink higher than the mark
would indicate the minimum ratio has not been achieved.
    (c) The owner or operator of an affected source subject to this
subpart that is subject to the requirements of Sec. 63.704(c)(10) shall:
    (1) If complying with Sec. 63.704(c)(10)(i), maintain hourly records
of whether the flow indicator was operating and whether flow was
detected at any time during the hour, as well as records of the times
and durations of all periods when the vent stream is diverted from the
control device or the monitor is not operating;
    (2) If complying with Sec. 63.704(c)(10) (ii), (iii), or (iv),
maintain a record of monthly inspections, and the records of the times
and durations of all periods when:
    (i) Flow was diverted through any bypass line such that the seal
mechanism was broken;
    (ii) The key for a lock-and-key type lock had been checked out;

[[Page 176]]

    (iii) The valve position on any bypass line changed to the open
position; or
    (iv) The diversion of flow through any bypass line caused a shutdown
of HAP-emitting operations.
    (d) The owner or operator of an affected source that is complying
with Sec. 63.703(c) by performing a material balance in accordance with
Sec. 63.705(c)(1) shall:
    (1) Maintain a record of each 7-day rolling average calculation; and
    (2) Maintain a record of the certification of the accuracy of the
device that measures the amount of HAP or VOC recovered.
    (e) The owner or operator of a magnetic tape manufacturing operation
subject to the provisions of Sec. 63.703 (b) and (h) shall maintain
records of the calculations used to determine the limits on the amount
of HAP utilized as specified in Sec. 63.703(b)(2), and of the HAP
utilized in each month and the sum over each 12-month period.
    (f) The owner or operator of an affected source subject to the
provisions of Sec. 63.703(c)(5) shall keep records of the HAP content of
each batch of coating applied as calculated according to
Sec. 63.705(c)(5), and records of the formulation data that support the
calculations. When a batch of coating applied is identical to a previous
batch applied, only one set of records is required to be kept.
    (g) The owner or operator of an affected source that is complying
with Sec. 63.703(c)(1) through the use of a nonregenerative carbon
adsorber and demonstrating initial compliance in accordance with
Sec. 63.705(c)(6) shall maintain records to support the outlet VOC or
HAP concentration value or the carbon replacement time established as
the site-specific operating parameter to demonstrate compliance.
    (h) In accordance with Sec. 63.10(b)(1) of subpart A, the owner or
operator of an affected source subject to the provisions of this subpart
shall retain all records required by this subpart and subpart A for at
least 5 years following their collection.



Sec. 63.707  Reporting requirements.

    (a) Except as stipulated in Sec. 63.703(b), (c)(5), and (h), the
owner or operator of a magnetic tape manufacturing operation subject to
this subpart shall fulfill all applicable reporting requirements in
Sec. 63.7 through Sec. 63.10, as outlined in Table 1 to this subpart.
These reports shall be submitted to the Administrator or delegated
State.
    (b) The owner or operator of an existing magnetic tape manufacturing
operation subject to Sec. 63.703(b) and (h) shall include the values of
the limits on the amount of HAP utilized as determined in
Sec. 63.703(b)(2), along with supporting calculations, in the initial
notification report required by Sec. 63.9(b).
    (c) The owner or operator of a new magnetic tape manufacturing
operation subject to Sec. 63.703(h) shall include the values of the
limits on the amount of HAP utilized as determined in Sec. 63.703(b)(2),
along with supporting calculations, and the amount of HAP expected to be
utilized during the first consecutive 12-month period of operation in
the initial notification report required by Sec. 63.9(b).
    (d) The owner or operator subject to Sec. 63.703(c) and following
the compliance provisions of Sec. 63.705(c)(1) (material balance
calculation) shall include with the notification of compliance status
required by Sec. 63.9(h) the results of the initial material balance
calculation.
    (e) The owner or operator subject to Sec. 63.703(c)(5) and following
the compliance provisions of Sec. 63.705(c)(5) (low-HAP coating) shall
include with the notification of compliance status required by
Sec. 63.9(h) the results of the initial low-HAP coating demonstration.
    (f) The owner or operator subject to the provisions of
Sec. 63.703(g) and demonstrating compliance in accordance with
Sec. 63.705(h)(1) shall submit to the permitting authority with the
notification of compliance status required by Sec. 63.9(h) the design
specifications demonstrating that the control technique meets the
required efficiency. For steam strippers, these specifications shall
include at a minimum: feed rate, steam rate, number of theoretical
trays, number of actual trays, feed composition, bottoms composition,
overheads composition, and inlet feed temperature.
    (g) The owner or operator of an affected source that is complying
with

[[Page 177]]

Sec. 63.703(c)(1) through the use of a nonregenerative carbon adsorber
and demonstrating initial compliance in accordance with
Sec. 63.705(c)(6) shall submit to the permitting authority with the
notification of compliance status required by Sec. 63.9(h) the design
evaluation.
    (h) The owner or operator of an affected source that is complying
with Sec. 63.703(d) through the use of a baghouse or fabric filter and
demonstrating initial compliance in accordance with Sec. 63.705(g)(2)
shall submit to the permitting authority with the notification of
compliance status required by Sec. 63.9(h) the engineering calculations
that support the minimum ventilation rate needed to capture HAP
particulates for delivery to the control device.
    (i) Excess emissions and continuous monitoring system performance
report and summary reports shall be submitted as required by
Sec. 63.10(e).
    (1) The owner or operator of an affected source subject to
Sec. 63.704 shall include deviations of monitored values from the
operating parameter values required by Sec. 63.704(c) in the reports. In
the case of exceedances, the report must also contain a description and
timing of the steps taken to address the cause of the exceedance.
    (2) The owner or operator of an affected source subject to
Sec. 63.703(c)(5) shall report the HAP content of each batch of coating
applied as the monitored operating parameter value in the reports.
    (3) The owner or operator of an affected source subject to
Sec. 63.703(e)(1)(ii) and maintaining a minimum freeboard ratio of 75
percent shall report violations of the standard (freeboard ratio is less
than 75 percent) in the reports.
    (4) The owner or operator of an affected source subject to
Sec. 63.704(c)(10) of this subpart shall include records of any time
period and duration of time that flow was diverted from the control
device, as well as the results of monthly inspections required by
Sec. 63.704(c)(10)(ii), (iii), and (iv) in the reports.
    (5) The owner or operator of an affected source complying with
Sec. 63.703(c) by performing a material balance calculation in
accordance with Sec. 63.705(c)(1) shall report any exceedances of the
standard, as demonstrated through the calculation, in the reports.
    (j) The owner or operator of a magnetic tape manufacturing operation
subject to the provisions of Sec. 63.703(h) shall report the amount of
HAP utilized in each 12-month period in an annual report to the
Administrator according to the following schedule:
    (1) For existing sources, the first report shall cover the 12-month
period prior to the source's compliance date and shall be submitted to
the Administrator no later than 30 days after the compliance date; and
    (2) For new sources, the first report shall include the quantity of
HAP that is expected to be utilized during the first 12 months of
operation and shall be submitted to the Administrator no later than 30
days after the compliance date;
    (3) Annual reports shall be submitted to the Administrator no later
than 30 days after the last 12-month period included in the report; and
    (4) A report shall also be submitted no later than 30 days after
monthly records required to be maintained by Sec. 63.706(e) indicate
that any limit on the amount of HAP utilized has been exceeded. The
report shall indicate the amount by which the limit has been exceeded.
    (k) The owner or operator establishing an alternate HAP outlet
concentration limit in accordance with Secs. 63.703(i) and
63.704(b)(11)(ii) shall:
    (1) To support the proposed limit, submit the following within 180
days following completion of the performance test required by Sec. 63.7:
    (i) The performance test or CEM data collected to establish the
limit;
    (ii) Records of when coating operations were down;
    (iii) The rationale for the alternate proposed limit; and
    (iv) A statement signed by a responsible official of the company
that the control device was operated in accordance with good air
pollution control practices and in the same manner it was operated to
achieve compliance with the emission limitation for coating operations;
and

[[Page 178]]

    (2) In the excess emissions and continuous monitoring system
performance report and summary report required by Sec. 63.10(e)(3),
include parameter or CEM data to demonstrate compliance or noncompliance
with the alternate outlet HAP concentration established in accordance
with Secs. 63.703(i) and 63.704(b)(11)(ii) once the limit is approved.



Sec. 63.708  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 Secs. 63.701 and
63.703.
    (2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.

[68 FR 37352, June 23, 2003]



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

------------------------------------------------------------------------
                              Applies to subpart
         Reference                    EE                  Comment
------------------------------------------------------------------------
63.1(a)(1).................  Yes................  Additional terms
                                                   defined in Sec.
                                                   63.702(a); when
                                                   overlap between
                                                   subparts A and EE
                                                   occurs, subpart EE
                                                   takes precedence.
63.1(a)(2)-(14)............  Yes.
63.1(b)(1)-(3).............  Yes.
63.1(c)(1).................  Yes................  Subpart EE specifies
                                                   the applicability of
                                                   each paragraph in
                                                   subpart A to sources
                                                   subject to subpart
                                                   EE.
63.1(c)(2).................  No.................  The applicability of
                                                   Secs.  63.701(a)(2)
                                                   and 63.703 (b) and
                                                   (h) to a source does
                                                   not in and of itself
                                                   make a source subject
                                                   to part 70.
63.1(c)(4)-(5).............  Yes.
63.1(e)....................  Yes.
63.2.......................  Yes................  Additional terms
                                                   defined in Sec.
                                                   63.702(a); when
                                                   overlap between
                                                   subparts A and EE
                                                   occurs, subpart EE
                                                   takes precedence.
63.3.......................  Yes................  Units specific to
                                                   subpart EE are
                                                   defined in subpart
                                                   EE.
63.4(a)(1)-(3).............  Yes.
63.4(a)(5).................  Yes.
63.4(b)....................  Yes.
63.4(c)....................  Yes.
63.5(a)....................  Yes.
63.5(b)(1).................  Yes.
63.5(b)(3)-(6).............  Yes.
63.5(d)....................  Yes.
63.5(e)....................  Yes.
63.5(f)....................  Yes.
63.6(a)....................  Yes.
63.6(b)(1)-(5).............  Yes.
63.6(b)(7).................  Yes.
63.6(c)(1)-(2).............  Yes.
63.6(c)(5).................  Yes.
63.6(e)(1)-(2).............  Yes.
63.6(e)(3).................  Yes................  Owners or operators of
                                                   affected sources
                                                   subject to subpart EE
                                                   do not need to
                                                   address startups and
                                                   shutdowns because the
                                                   emission limitations
                                                   apply during these
                                                   times.
63.6(f)(1).................  No.................  Sec. 63.701(f) of
                                                   subpart EE specifies
                                                   when the standards
                                                   apply.

[[Page 179]]


63.6(f)(2)(i)-(ii).........  Yes.
63.6(f)(2)(iii)............  Yes................  Sec. 63.705(a)(3) of
                                                   subpart EE includes
                                                   additional
                                                   circumstances under
                                                   which previous
                                                   capture device
                                                   demonstrations are
                                                   acceptable to show
                                                   compliance.
63.6(f)(2)(iv)-(v).........  Yes.
63.6(f)(3).................  Yes.
63.6(g)....................  Yes.
63.6(h)(1).................  No.................  Sec. 63.701(f) of
                                                   subpart EE specifies
                                                   when the standards
                                                   apply.
63.6(h)(2)(i)..............  Yes.
63.6(h)(2)(iii)............  Yes.
63.6(h)(4).................  Yes................  This requirement
                                                   applies only for the
                                                   visible emission test
                                                   required under Sec.
                                                   63.705(g)(2).
63.6(h)(5)(i)-(iii)........  Yes.
63.6(h)(5)(v)..............  No.
63.6(h)(6).................  Yes.
63.6(h)(7).................  No.
63.6(h)(8).................  Yes.
63.6(h)(9).................  No.
63.6(i)(1)-(14)............  Yes................  Sec. 63.703(c)(4) of
                                                   subpart EE shall not
                                                   be considered
                                                   emissions averaging
                                                   for the purposes of
                                                   Sec. 63.6(i)(4)(i)(B
                                                   ).
63.6(i)(16)................  Yes.
63.6(j)....................  Yes.
63.7(a)(1).................  Yes.
63.7(a)(2)(i)-(vi).........  Yes.
63.7(a)(2)(ix).............  Yes.
63.7(a)(3).................  Yes.
63.7(b)....................  Yes.
63.7(c)....................  Yes.
63.7(d)....................  Yes.
63.7(e)....................  Yes................  Sec. 63.7(e)
                                                   establishes the
                                                   minimum performance
                                                   test requirements.
                                                   This section does not
                                                   preclude owners or
                                                   operators from
                                                   conducting multiple
                                                   test runs under
                                                   alternate operating
                                                   conditions to
                                                   establish an
                                                   appropriate range of
                                                   compliance operating
                                                   parameter values in
                                                   accordance with Sec.
                                                   63.704(b)(11)(i) of
                                                   subpart EE. Also as
                                                   required in Sec.
                                                   63.701(f) of subpart
                                                   EE, the emissions
                                                   standards apply
                                                   during startup and
                                                   shutdown.
63.7(f)....................  Yes.
63.7(g)(1).................  Yes.
63.7(g)(3).................  Yes.
63.7(h)....................  Yes.
63.8(a)(1)-(2).............  Yes.
63.8(a)(4).................  Yes.
63.8(b)(1).................  Yes.
63.8(b)(2).................  No.................  Sec. 63.704 of
                                                   subpart EE specifies
                                                   monitoring locations;
                                                   when multiple
                                                   emission points are
                                                   tied to one central
                                                   control device, the
                                                   monitors are located
                                                   at the central
                                                   control device.
63.8(b)(3).................  Yes.
63.8(c)(1)-(3).............  Yes.
63.8(c)(4).................  Yes................  Provisions related to
                                                   COMS, however, do not
                                                   apply.
63.8(c)(5).................  No.
63.8(c)(6)-(8).............  Yes.
63.8(d)....................  Yes.
63.8(e)....................  Yes.
63.8(f)(1)-(6).............  Yes.
63.8(g)(1)-(5).............  Yes.
63.9(a)....................  Yes.
63.9(b)....................  Yes.
63.9(c)....................  Yes.
63.9(d)....................  Yes.
63.9(e)....................  Yes.
63.9(f)....................  Yes.
63.9(g)(1).................  Yes.
63.9(g)(2).................  No.
63.9(g)(3).................  Yes.
63.9(h)(1)-(3).............  Yes.
63.9(h)(5)-(6).............  Yes.
63.9(i)....................  Yes.
63.9(j)....................  Yes.
63.10(a)...................  Yes.
63.10(b)(1)................  Yes.
63.10(b)(2)................  Yes................  Except information on
                                                   startup and shutdown
                                                   periods is not
                                                   necessary because the
                                                   standards apply
                                                   during these time
                                                   periods.
63.10(b)(3)................  Yes.
63.10(c)(1)................  Yes.
63.10(c)(5)-(8)............  Yes................  Except information on
                                                   startup and shutdown
                                                   periods is not
                                                   necessary because the
                                                   standards apply
                                                   during these times.

[[Page 180]]


63.10(c)(10)-(15)..........  Yes................  Except information on
                                                   startup and shutdown
                                                   periods is not
                                                   necessary because the
                                                   standards apply
                                                   during these times.
63.10(d)(1)-(2)............  Yes.
63.10(d)(3)................  Yes................  This requirement
                                                   applies only for the
                                                   visible emissions
                                                   test required under
                                                   Sec. 63.705(g)(2).
                                                   The results of
                                                   visible emissions
                                                   tests under Sec.
                                                   63.704(e) shall be
                                                   reported as required
                                                   in Sec. 63.10(e)(3).
63.10(d)(4)................  Yes.
63.10(d)(5)................  Yes................  Except information on
                                                   startup and shutdown
                                                   periods is not
                                                   necessary because the
                                                   standards apply
                                                   during these times.
63.(10)(e)(1)..............  Yes.
63.10(e)(2)(i).............  Yes.
63.10(e)(2)(ii)............  No.
63.10(e)(3)(i)-(v).........  Yes.
63.10(e)(3)(vi)-(viii).....  Yes................  Except emissions/CMS
                                                   performance during
                                                   startup and shutdown
                                                   do not need to be
                                                   specified because the
                                                   standards apply
                                                   during startup and
                                                   shutdown.
63.10(e)(4)................  No.
63.10(f)...................  Yes.
63.11-63.15................  Yes.
------------------------------------------------------------------------

Subpart FF [Reserved]



 Subpart GG_National Emission Standards for Aerospace Manufacturing and
                            Rework Facilities

    Source: 60 FR 45956, Sept. 1, 1996, unless otherwise noted.



Sec. 63.741  Applicability and designation of affected sources.

    (a) This subpart applies to facilities that are engaged, either in
part or in whole, in the manufacture or rework of commercial, civil, or
military aerospace vehicles or components and that are major sources as
defined in Sec. 63.2.
    (b) The owner or operator of an affected source shall comply with
the requirements of this subpart and of subpart A of this part, except
as specified in Sec. 63.743(a) and Table 1 of this subpart.
    (c) Affected sources. The affected sources to which the provisions
of this subpart apply are specified in paragraphs (c)(1) through (7) of
this section. The activities subject to this subpart are limited to the
manufacture or rework of aerospace vehicles or components as defined in
this subpart. Where a dispute arises relating to the applicability of
this subpart to a specific activity, the owner or operator shall
demonstrate whether or not the activity is regulated under this subpart.
    (1) Each cleaning operation as follows:
    (i) All hand-wipe cleaning operations constitute an affected source.
    (ii) Each spray gun cleaning operation constitutes an affected
source.
    (iii) All flush cleaning operations constitute an affected source.
    (2) For organic HAP or VOC emissions, each primer application
operation, which is the total of all primer applications at the
facility.
    (3) For organic HAP or VOC emissions, each topcoat application
operation, which is the total of all topcoat applications at the
facility.
    (4) For organic HAP or VOC emissions, each depainting operation,
which is the total of all depainting at the facility.
    (5) Each chemical milling maskant application operation, which is
the total of all chemical milling maskant applications at the facility.
    (6) Each waste storage and handling operation, which is the total of
all waste handling and storage at the facility.
    (7) For inorganic HAP emissions, each spray booth or hangar that
contains a primer or topcoat application operation subject to
Sec. 63.745(g) or a depainting operation subject to Sec. 63.746(b)(4).
    (d) An owner or operator of an affected source subject to this
subpart shall obtain an operating permit from the permitting authority
in the State in which the source is located. The owner or operator shall
apply for and obtain such permit in accordance with the regulations
contained in part 70 of

[[Page 181]]

this chapter and in applicable State regulations.
    (e) All wastes that are determined to be hazardous wastes under the
Resource Conservation and Recovery Act of 1976 (PL 94-580) (RCRA) as
implemented by 40 CFR parts 260 and 261, and that are subject to RCRA
requirements as implemented in 40 CFR parts 262 through 268, are exempt
from the requirements of this subpart.
    (f) This subpart does not contain control requirements for use of
specialty coatings, adhesives, adhesive bonding primers, or sealants at
aerospace facilities. It also does not regulate research and
development, quality control, and laboratory testing activities,
chemical milling, metal finishing, electrodeposition (except for
electrodeposition of paints), composites processing (except for cleaning
and coating of composite parts or components that become part of an
aerospace vehicle or component as well as composite tooling that comes
in contact with such composite parts or components prior to cure),
electronic parts and assemblies (except for cleaning and topcoating of
completed assemblies), manufacture of aircraft transparencies, and
wastewater operations at aerospace facilities. These requirements do not
apply to the rework of aircraft or aircraft components if the holder of
the Federal Aviation Administration (FAA) design approval, or the
holder's licensee, is not actively manufacturing the aircraft or
aircraft components. These requirements also do not apply to parts and
assemblies not critical to the vehicle's structural integrity or flight
performance. The requirements of this subpart also do not apply to
primers, topcoats, chemical milling maskants, strippers, and cleaning
solvents containing HAP and VOC at concentrations less than 0.1 percent
for carcinogens or 1.0 percent for noncarcinogens, as determined from
manufacturer's representations. Additional specific exemptions from
regulatory coverage are set forth in paragraphs (e), (g), (h), (i) and
(j) of this section and Secs. 63.742, 63.744(a)(1), (b), (e), 63.745(a),
(f)(3), (g)(4), 63.746(a), (b)(5), 63.747(c)(3), and 63.749(d).
    (g) The requirements for primers, topcoats, and chemical milling
maskants in Sec. 63.745 and Sec. 63.747 do not apply to the use of low-
volume coatings in these categories for which the annual total of each
separate formulation used at a facility does not exceed 189 l (50 gal),
and the combined annual total of all such primers, topcoats, and
chemical milling maskants used at a facility does not exceed 757 l (200
gal). Primers and topcoats exempted under paragraph (f) of this section
and under Sec. 63.745(f)(3) and (g)(4) are not included in the 50 and
200 gal limits. Chemical milling maskants exempted under
Sec. 63.747(c)(3) are also not included in these limits.
    (h) Regulated activities associated with space vehicles designed to
travel beyond the limit of the earth's atmosphere, including but not
limited to satellites, space stations, and the Space Shuttle System
(including orbiter, external tanks, and solid rocket boosters), are
exempt from the requirements of this subpart, except for depainting
operations found in Sec. 63.746.
    (i) Any waterborne coating for which the manufacturer's supplied
data demonstrate that organic HAP and VOC contents are less than or
equal to the organic HAP and VOC content limits for its coating type, as
specified in Secs. 63.745(c) and 63.747(c), is exempt from the following
requirements of this subpart: Secs. 63.745 (d) and (e), 63.747(d) and
(e), 63.749 (d) and (h), 63.750 (c) through (h) and (k) through (n),
63.752 (c) and (f), and 63.753 (c) and (e). A facility shall maintain
the manufacturer's supplied data and annual purchase records for each
exempt waterborne coating readily available for inspection and review
and shall retain these data for 5 years.
    (j) Regulated activities associated with the rework of antique
aerospace vehicles or components are exempt from the requirements of
this subpart.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15016, Mar. 27, 1998;
63 FR 46532, Sept. 1, 1998]



Sec. 63.742  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of
this part, or in this section as follows:
    Aerospace facility means any facility that produces, reworks, or
repairs in any amount any commercial, civil, or

[[Page 182]]

military aerospace vehicle or component.
    Aerospace vehicle or component means any fabricated part, processed
part, assembly of parts, or completed unit, with the exception of
electronic components, of any aircraft including but not limited to
airplanes, helicopters, missiles, rockets, and space vehicles.
    Aircraft fluid systems means those systems that handle hydraulic
fluids, fuel, cooling fluids, or oils.
    Aircraft transparency means the aircraft windshield, canopy,
passenger windows, lenses, and other components which are constructed of
transparent materials.
    Antique aerospace vehicle or component means an aircraft or
component thereof that was built at least 30 years ago. An antique
aerospace vehicle would not routinely be in commercial or military
service in the capacity for which it was designed.
    Carbon adsorber means one vessel in a series of vessels in a carbon
adsorption system that contains carbon and is used to remove gaseous
pollutants from a gaseous emission source.
    Carbon Adsorber control efficiency means the total efficiency of the
control system, determined by the product of the capture efficiency and
the control device efficiency.
    Chemical milling maskant means a coating that is applied directly to
aluminum components to protect surface areas when chemical milling the
component with a Type I or Type II etchant. Type I chemical milling
maskants are used with a Type I etchant and Type II chemical milling
maskants are used with a Type II etchant. This definition does not
include bonding maskants, critical use and line sealer maskants, and
seal coat maskants. Additionally, maskants that must be used with a
combination of Type I or II etchants and any of the above types of
maskants (i.e., bonding, critical use and line sealer, and seal coat)
are also exempt from this subpart. (See also Type I and Type II etchant
definitions.)
    Chemical milling maskant application operation means application of
chemical milling maskant for use with Type I or Type II chemical milling
etchants.
    Cleaning operation means collectively spray gun, hand-wipe, and
flush cleaning operations.
    Cleaning solvent means a liquid material used for hand-wipe, spray
gun, or flush cleaning. This definition does not include solutions that
contain HAP and VOC below the de minimis levels specified in
Sec. 63.741(f).
    Closed-cycle depainting system means a dust-free, automated process
that removes permanent coating in small sections at a time and maintains
a continuous vacuum around the area(s) being depainted to capture
emissions.
    Coating means a material that is applied to the surface of an
aerospace vehicle or component to form a decorative, protective, or
functional solid film, or the solid film itself.
    Coating operation means the use of a spray booth, tank, or other
enclosure or any area, such as a hangar, for the application of a single
type of coating (e.g., primer); the use of the same spray booth for the
application of another type of coating (e.g., topcoat) constitutes a
separate coating operation for which compliance determinations are
performed separately.
    Coating unit means a series of one or more coating applicators and
any associated drying area and/or oven wherein a coating is applied,
dried, and/or cured. A coating unit ends at the point where the coating
is dried or cured, or prior to any subsequent application of a different
coating. It is not necessary to have an oven or flashoff area in order
to be included in this definition.
    Confined space means a space that: (1) Is large enough and so
configured that an employee can bodily enter and perform assigned work;
(2) has limited or restricted means for entry or exit (for example, fuel
tanks, fuel vessels, and other spaces that have limited means of entry);
and (3) is not suitable for continuous employee occupancy.
    Control device means destruction and/or recovery equipment used to
destroy or recover HAP or VOC emissions generated by a regulated
operation.
    Control system means a combination of pollutant capture system(s)
and control device(s) used to reduce discharge to the atmosphere of HAP
or VOC emissions generated by a regulated operation.

[[Page 183]]

    Depainting means the removal of a permanent coating from the outer
surface of an aerospace vehicle or component, whether by chemical or
non-chemical means. For non-chemical means, this definition excludes
hand and mechanical sanding, and any other non-chemical removal
processes that do not involve blast media or other mechanisms that would
result in airborne particle movement at high velocity.
    Depainting operation means the use of a chemical agent, media
blasting, or any other technique to remove permanent coatings from the
outer surface of an aerospace vehicle or components. The depainting
operation includes washing of the aerospace vehicle or component to
remove residual stripper, media, or coating residue.
    Electrodeposition of paint means the application of a coating using
a water-based electrochemical bath process. The component being coated
is immersed in a bath of the coating. An electric potential is applied
between the component and an oppositely charged electrode hanging in the
bath. The electric potential causes the ionized coating to be
electrically attracted, migrated, and deposited on the component being
coated.
    Electrostatic spray means a method of applying a spray coating in
which an electrical charge is applied to the coating and the substrate
is grounded. The coating is attracted to the substrate by the
electrostatic potential between them.
    Exempt solvent means specified organic compounds that have been
determined by the EPA to have negligible photochemical reactivity and
are listed in 40 CFR 51.100.
    Exterior primer means the first layer and any subsequent layers of
identically formulated coating applied to the exterior surface of an
aerospace vehicle or component where the component is used on the
exterior of the aerospace vehicle. Exterior primers are typically used
for corrosion prevention, protection from the environment, functional
fluid resistance, and adhesion of subsequent exterior topcoats. Coatings
that are defined as specialty coatings are not included under this
definition.
    Flush cleaning means the removal of contaminants such as dirt,
grease, oil, and coatings from an aerospace vehicle or component or
coating equipment by passing solvent over, into, or through the item
being cleaned. The solvent may simply be poured into the item being
cleaned and then drained, or be assisted by air or hydraulic pressure,
or by pumping. Hand-wipe cleaning operations where wiping, scrubbing,
mopping, or other hand action are used are not included.
    General aviation (GA) means that segment of civil aviation that
encompasses all facets of aviation except air carriers, commuters, and
military. General aviation includes charter and corporate-executive
transportation, instruction, rental, aerial application, aerial
observation, business, pleasure, and other special uses.
    General aviation rework facility means any aerospace facility with
the majority of its revenues resulting from the reconstruction, repair,
maintenance, repainting, conversion, or alteration of general aviation
aerospace vehicles or components.
    Hand-wipe cleaning operation means the removal of contaminants such
as dirt, grease, oil, and coatings from an aerospace vehicle or
component by physically rubbing it with a material such as a rag, paper,
or cotton swab that has been moistened with a cleaning solvent.
    Hazardous air pollutant (HAP) means any air pollutant listed in or
pursuant to section 112(b) of the Act.
    High efficiency particulate air (HEPA) filter means a filter that
has a 99.97 percent reduction efficiency for 0.3 micron aerosol.
    High volume low pressure (HVLP) spray equipment means spray
equipment that is used to apply coating by means of a spray gun that
operates at 10.0 psig of atomizing air pressure or less at the air cap.
    Inorganic hazardous air pollutant (HAP) means any HAP that is not
organic.
    Large commercial aircraft means an aircraft of more than 110,000
pounds, maximum certified take-off weight manufactured for non-military
use.
    Leak means any visible leakage, including misting and clouding.

[[Page 184]]

    Limited access space means internal surfaces or passages of an
aerospace vehicle or component that cannot be reached without the aid of
an airbrush or a spray gun extension for the application of coatings.
    Mechanical sanding means aerospace vehicle or component surface
conditioning which uses directional and random orbital abrasive tools
and aluminum oxide or nylon abrasive pads for the purpose of corrosion
rework, substrate repair, prepaint surface preparation, and other
maintenance activities.
    Natural draft opening means any opening in a room, building, or
total enclosure that remains open during operation of the facility and
that is not connected to a duct in which a fan is installed. The rate
and direction of the natural draft through such an opening is a
consequence of the difference in pressures on either side of the wall
containing the opening.
    Non-chemical based depainting equipment means any depainting
equipment or technique, including, but not limited to, media blasting
equipment, that can depaint an aerospace vehicle or component in the
absence of a chemical stripper. This definition does not include
mechanical sanding or hand sanding.
    Nonregenerative carbon adsorber means a carbon adsorber vessel in
which the spent carbon bed does not undergo carbon regeneration in the
adsorption vessel.
    Operating parameter value means a minimum or maximum value
established for a control device or process parameter which, if achieved
by itself or in combination with one or more other operating parameter
values, determines that an owner or operator has complied with an
applicable emission limitation.
    Organic hazardous air pollutant (HAP) means any HAP that is organic.
    Primer means the first layer and any subsequent layers of
identically formulated coating applied to the surface of an aerospace
vehicle or component. Primers are typically used for corrosion
prevention, protection from the environment, functional fluid
resistance, and adhesion of subsequent coatings. Coatings that are
defined as specialty coatings are not included under this definition.
    Radome means the non-metallic protective housing for electromagnetic
transmitters and receivers (e.g., radar, electronic countermeasures,
etc.).
    Recovery device means an individual unit of equipment capable of and
normally used for the purpose of recovering chemicals for fuel value,
use, or reuse. Examples of equipment that may be recovery devices
include absorbers, carbon adsorbers, condensers, oil-water separators,
or organic-water separators or organic removal devices such as
decanters, strippers, or thin-film evaporation units.
    Research and Development means an operation whose primary purpose is
for research and development of new processes and products, that is
conducted under the close supervision of technically trained personnel,
and is not involved in the manufacture of final or intermediate products
for commerical purposes, except in a de mimnimis manner.
    Self-priming topcoat means a topcoat that is applied directly to an
uncoated aerospace vehicle or component for purposes of corrosion
prevention, environmental protection, and functional fluid resistance.
More than one layer of identical coating formulation may be applied to
the vehicle or component.
    Semi-aqueous cleaning solvent means a solution in which water is a
primary ingredient ('' 60 percent of the solvent solution as applied
must be water.)
    Softener means a liquid that is applied to an aerospace vehicle or
component to degrade coatings such as primers and topcoats specifically
as a preparatory step to subsequent depainting by non-chemical based
depainting equipment. Softeners may contain VOC but shall not contain
any HAP as determined from MSDS's or manufacturer supplied information.
    Solids means the non-volatile portion of the coating which after
drying makes up the dry film.
    Space vehicle means a man-made device, either manned or unmanned,
designed for operation beyond earth's atmosphere. This definition
includes integral equipment such as models,

[[Page 185]]

mock-ups, prototypes, molds, jigs, tooling, hardware jackets, and test
coupons. Also included is auxiliary equipment associated with test,
transport, and storage, which through contamination can compromise the
space vehicle performance.
    Specialty coating means a coating that, even though it meets the
definition of a primer, topcoat, or self-priming topcoat, has additional
performance criteria beyond those of primers, topcoats, and self-priming
topcoats for specific applications. These performance criteria may
include, but are not limited to, temperature or fire resistance,
substrate compatibility, antireflection, temporary protection or
marking, sealing, adhesively joining substrates, or enhanced corrosion
protection. Individual specialty coatings are defined in appendix A to
this subpart and in the CTG for Aerospace Manufacturing and Rework
Operations (EPA 453/R-97-004).
    Spot stripping means the depainting of an area where it is not
technically feasible to use a non-chemical depainting technique.
    Spray gun means a device that atomizes a coating or other material
and projects the particulates or other material onto a substrate.
    Stripper means a liquid that is applied to an aerospace vehicle or
component to remove permanent coatings such as primers and topcoats.
    Surface preparation means the removal of contaminants from the
surface of an aerospace vehicle or component, or the activation or
reactivation of the surface in preparation for the application of a
coating.
    Temporary total enclosure means a total enclosure that is
constructed for the sole purpose of measuring the emissions from an
affected source that are not delivered to an emission control device. A
temporary total enclosure must be constructed and ventilated (through
stacks suitable for testing) so that it has minimal impact on the
performance of the permanent emission capture system. A temporary total
enclosure will be assumed to achieve total capture of fugitive emissions
if it conforms to the requirements found in Sec. 63.750(g)(4) and if all
natural draft openings are at least four duct or hood equivalent
diameters away from each exhaust duct or hood. Alternatively, the owner
or operator may apply to the Administrator for approval of a temporary
enclosure on a case-by-case basis.
    Topcoat means a coating that is applied over a primer on an
aerospace vehicle or component for appearance, identification,
camouflage, or protection. Coatings that are defined as specialty
coatings are not included under this definition.
    Total enclosure means a permanent structure that is constructed
around a gaseous emission source so that all gaseous pollutants emitted
from the source are collected and ducted through a control device, such
that 100% capture efficiency is achieved. There are no fugitive
emissions from a total enclosure. The only openings in a total enclosure
are forced makeup air and exhaust ducts and any natural draft openings
such as those that allow raw materials to enter and exit the enclosure
for processing. All access doors or windows are closed during routine
operation of the enclosed source. Brief, occasional openings of such
doors or windows to accommodate process equipment adjustments are
acceptable, but if such openings are routine or if an access door
remains open during the entire operation, the access door must be
considered a natural draft opening. The average inward face velocity
across the natural draft openings of the enclosure must be calculated
including the area of such access doors. The drying oven itself may be
part of the total enclosure. An enclosure that meets the requirements
found in Sec. 63.750(g)(4) is a permanent total enclosure.
    Touch-up and repair operation means that portion of the coating
operation that is the incidental application of coating used to cover
minor imperfections in the coating finish or to achieve complete
coverage. This definition includes out-of-sequence or out-of-cycle
coating.
    Two-stage filter system means a dry particulate filter system using
two layers of filter media to remove particulate. The first stage is
designed to remove the bulk of the particulate and a higher efficiency
second stage is designed to remove smaller particulate.

[[Page 186]]

    Type I etchant means a chemical milling etchant that contains
varying amounts of dissolved sulfur and does not contain amines.
    Type II etchant means a chemical milling etchant that is a strong
sodium hydroxide solution containing amines.
    Volatile organic compound (VOC) means any compound defined as VOC in
40 CFR 51.100. This includes any organic compound other than those
determined by the EPA to be an exempt solvent. For purposes of
determining compliance with emission limits, VOC will be measured by the
approved test methods. Where such a method also inadvertently measures
compounds that are exempt solvent, an owner or operator may exclude
these exempt solvents when determining compliance with an emission
standard.
    Waterborne (water-reducible) coating means any coating that contains
more than 5 percent water by weight as applied in its volatile fraction.
    Waterwash system means a control system that utilizes flowing water
(i.e., a conventional waterwash system) or a pumpless system to remove
particulate emissions from the exhaust air stream in spray coating
application or dry media blast depainting operations.
    Nomenclature for determining carbon adsorber efficiency--The
nomenclature defined below is used in Sec. 63.750(g):
    (1) Ak = the area of each natural draft opening (k) in a
total enclosure, in square meters.
    (2) Caj = the concentration of HAP or VOC in each gas
stream (j) exiting the emission control device, in parts per million by
volume.
    (3) Cbi = the concentration of HAP or VOC in each gas
stream (i) entering the emission control device, in parts per million by
volume.
    (4) Cdi = the concentration of HAP or VOC in each gas
stream (i) entering the emission control device from the affected
source, in parts per million by volume.
    (5) Cfk = the concentration of HAP or VOC in each
uncontrolled gas stream (k) emitted directly to the atmosphere from the
affected source, in parts per million by volume.
    (6) Cgv = the concentration of HAP or VOC in each
uncontrolled gas stream entering each individual carbon adsorber vessel
(v), in parts per million by volume. For the purposes of calculating the
efficiency of the individual carbon adsorber vessel, Cgv may
be measured in the carbon adsorption system's common inlet duct prior to
the branching of individual inlet ducts to the individual carbon
adsorber vessels.
    (7) Chv = the concentration of HAP or VOC in the gas
stream exiting each individual carbon adsorber vessel (v), in parts per
million by volume.
    (8) E = the control device efficiency achieved for the duration of
the emission test (expressed as a fraction).
    (9) F = the HAP or VOC emission capture efficiency of the HAP or VOC
capture system achieved for the duration of the emission test (expressed
as a fraction).
    (10) FV = the average inward face velocity across all natural draft
openings in a total enclosure, in meters per hour.
    (11) Hv = the individual carbon adsorber vessel (v)
efficiency achieved for the duration of the emission test (expressed as
a fraction).
    (12) Hsys = the efficiency of the carbon adsorption
system calculated when each carbon adsorber vessel has an individual
exhaust stack (expressed as a fraction).
    (13) Mci = the total mass in kilograms of each batch of
coating (i) applied, or of each coating applied at an affected coating
operation during a 7 to 30-day period, as appropriate, as determined
from records at the affected source. This quantity shall be determined
at a time and location in the process after all ingredients (including
any dilution solvent) have been added to the coating, or if ingredients
are added after the mass of the coating has been determined, appropriate
adjustments shall be made to account for them.
    (14) Mr = the total mass in kilograms of HAP or VOC
recovered for a 7 to 30-day period.
    (15) Qaj = the volumetric flow rate of each gas stream
(j) exiting the emission control device in either dry standard cubic
meters per hour when EPA Method 18 in appendix A of part 60 is used to
measure HAP or VOC concentration or in standard cubic meters per hour
(wet basis) when EPA Method

[[Page 187]]

25A is used to measure HAP or VOC concentration.
    (16) Qbi = the volumetric flow rate of each gas stream
(i) entering the emission control device, in dry standard cubic meters
per hour when EPA Method 18 is used to measure HAP or VOC concentration
or in standard cubic meters per hour (wet basis) when EPA Method 25A is
used to measure HAP or VOC concentration.
    (17) Qdi = the volumetric flow rate of each gas stream
(i) entering the emission control device from the affected source in
either dry standard cubic meters per hour when EPA Method 18 is used to
measure HAP or VOC concentration or in standard cubic meters per hour
(wet basis) when EPA Method 25A is used to measure HAP or VOC
concentration.
    (18) Qfk = the volumetric flow rate of each uncontrolled
gas stream (k) emitted directly to the atmosphere from the affected
source in either dry standard cubic meters per hour when EPA Method 18
is used to measure HAP or VOC concentration or in standard cubic meters
per hour (wet basis) when EPA Method 25A is used to measure HAP or VOC
concentration.
    (19) Qgv = the volumetric flow rate of each gas stream
entering each individual carbon adsorber vessel (v) in either dry
standard cubic meters per hour when EPA Method 18 is used to measure HAP
or VOC concentration or in standard cubic meters per hour (wet basis)
when EPA Method 25A is used to measure HAP or VOC concentration. For
purposes of calculating the efficiency of the individual carbon adsorber
vessel, the value of Qgv can be assumed to equal the value of
Qhv measured for that carbon adsorber vessel.
    (20) Qhv = the volumetric flow rate of each gas stream
exiting each individual carbon adsorber vessel (v) in either dry
standard cubic meters per hour when EPA Method 18 is used to measure HAP
or VOC concentration or in standard cubic meters per hour (wet basis)
when EPA Method 25A is used to measure HAP or VOC concentration.
    (21) Qini = the volumetric flow rate of each gas stream
(i) entering the total enclosure through a forced makeup air duct in
standard cubic meters per hour (wet basis).
    (22) Qoutj = the volumetric flow rate of each gas stream
(j) exiting the total enclosure through an exhaust duct or hood in
standard cubic meters per hour (wet basis).
    (23) R = the overall HAP or VOC emission reduction achieved for the
duration of the emission test (expressed as a percentage).
    (24) RSi = the total mass in kilograms of HAP or VOC
retained in the coating after drying.
    (25) Woi = the weight fraction of VOC in each batch of
coating (i) applied, or of each coating applied at an affected coating
operation during a 7- to 30-day period, as appropriate, as determined by
EPA Method 24 or formulation data. This value shall be determined at a
time and location in the process after all ingredients (including any
dilution solvent) have been added to the coating, or if ingredients are
added after the weight fraction of HAP or VOC in the coating has been
determined, appropriate adjustments shall be made to account for them.

[60 FR 45956, Sept. 1, 1995, as amended at 63 FR 15017, Mar. 27, 1998;
63 FR 46533, Sept. 1, 1998; 65 FR 76945, Dec. 8, 2000]



Sec. 63.743  Standards: General.

    (a) Except as provided in paragraphs (a)(4) through (a)(10) of this
section and in Table 1 of this subpart, each owner or operator of an
affected source subject to this subpart is also subject to the following
sections of subpart A of this part:
    (1) Sec. 63.4, Prohibited activities and circumvention;
    (2) Sec. 63.5, Construction and reconstruction; and
    (3) Sec. 63.6, Compliance with standards and maintenance
requirements.
    (4) For the purposes of this subpart, all affected sources shall
submit any request for an extension of compliance not later than 120
days before the affected source's compliance date. The extension request
should be requested for the shortest time necessary to attain
compliance, but in no case shall exceed 1 year.
    (5)(i) For the purposes of this subpart, the Administrator (or the
State with an approved permit program) will notify the owner or operator
in writing of his/her intention to deny approval of

[[Page 188]]

a request for an extension of compliance submitted under either
Sec. 63.6(i)(4) or Sec. 63.6(i)(5) within 60 calendar days after receipt
of sufficient information to evaluate the request.
    (ii) In addition, for purposes of this subpart, if the Administrator
does not notify the owner or operator in writing of his/her intention to
deny approval within 60 calendar days after receipt of sufficient
information to evaluate a request for an extension of compliance, then
the request shall be considered approved.
    (6)(i) For the purposes of this subpart, the Administrator (or the
State) will notify the owner or operator in writing of the status of
his/her application submitted under Sec. 63.6(i)(4)(ii) (that is,
whether the application contains sufficient information to make a
determination) within 30 calendar days after receipt of the original
application and within 30 calendar days after receipt of any
supplementary information that is submitted, rather than 15 calendar
days as provided for in Sec. 63.6(i)(13)(i).
    (ii) In addition, for the purposes of this subpart, if the
Administrator does not notify the owner or operator in writing of the
status of his/her application within 30 calendar days after receipt of
the original application and within 30 calendar days after receipt of
any supplementary information that is submitted, then the information in
the application or the supplementary information is to be considered
sufficient upon which to make a determination.
    (7) For the purposes of this subpart, each owner or operator who has
submitted an extension request application under Sec. 63.6(i)(5) is to
be provided 30 calendar days to present additional information or
arguments to the Administrator after he/she is notified that the
application is not complete, rather than 15 calendar days as provided
for in Sec. 63.6(i)(13)(ii).
    (8) For the purposes of this subpart, each owner or operator is to
be provided 30 calendar days to present additional information to the
Administrator after he/she is notified of the intended denial of a
compliance extension request submitted under either Sec. 63.6(i)(4) or
Sec. 63.6(i)(5), rather than 15 calendar days as provided for in
Sec. 63.6(1)(12)(iii)(B) and Sec. 63.6(i)(13)(iii)(B).
    (9) For the purposes of this subpart, a final determination to deny
any request for an extension submitted under either Sec. 63.6(i)(4) or
Sec. 63.6(i)(5) will be made within 60 calendar days after presentation
of additional information or argument (if the application is complete),
or within 60 calendar days after the final date specified for the
presentation if no presentation is made, rather than 30 calendar days as
provided for in Sec. 63.6(i)(12)(iv) and Sec. 63.6(i)(13)(iv).
    (10) For the purposes of compliance with the requirements of
Sec. 63.5(b)(4) of the General Provisions and this subpart, owners or
operators of existing primer or topcoat application operations and
depainting operations who construct or reconstruct a spray booth or
hangar that does not have the potential to emit 10 tons/yr or more of an
individual inorganic HAP or 25 tons/yr or more of all inorganic HAP
combined shall only be required to notify the Administrator of such
construction or reconstruction on an annual basis. Notification shall be
submitted on or before March 1 of each year and shall include the
information required in Sec. 63.5(b)(4) for each such spray booth or
hangar constructed or reconstructed during the prior calendar year,
except that such information shall be limited to inorganic HAP's. No
advance notification or written approval from the Administrator pursuant
to Sec. 63.5(b)(3) shall be required for the construction or
reconstruction of such a spray booth or hangar unless the booth or
hangar has the potential to emit 10 tons/yr or more of an individual
inorganic HAP or 25 tons/yr or more of all inorganic HAP combined.
    (b) Startup, shutdown, and malfunction plan. Each owner or operator
that uses an air pollution control device or equipment to control HAP
emissions shall prepare a startup, shutdown, and malfunction plan in
accordance with Sec. 63.6. Dry particulate filter systems operated per
the manufacturer's instructions are exempt from a startup, shutdown, and
malfunction plan. A startup, shutdown, and malfunction plan shall be
prepared for facilities using locally prepared operating procedures. In
addition to the information required in

[[Page 189]]

Sec. 63.6, this plan shall also include the following provisions:
    (1) The plan shall specify the operation and maintenance criteria
for each air pollution control device or equipment and shall include a
standardized checklist to document the operation and maintenance of the
equipment;
    (2) The plan shall include a systematic procedure for identifying
malfunctions and for reporting them immediately to supervisory
personnel; and
    (3) The plan shall specify procedures to be followed to ensure that
equipment or process malfunctions due to poor maintenance or other
preventable conditions do not occur.
    (c) An owner or operator who uses an air pollution control device or
equipment not listed in this subpart shall submit a description of the
device or equipment, test data verifying the performance of the device
or equipment in controlling organic HAP and/or VOC emissions, as
appropriate, and specific operating parameters that will be monitored to
establish compliance with the standards to the Administrator for
approval not later than 120 days prior to the compliance date.
    (d) Instead of complying with the individual coating limits in
Secs. 63.745 and 63.747, a facility may choose to comply with the
averaging provisions specified in paragraphs (d)(1) through (d)(6) of
this section.
    (1) Each owner or operator of a new or existing source shall use any
combination of primers, topcoats (including self-priming topcoats), Type
I chemical milling maskants, or Type II chemical milling maskants such
that the monthly volume-weighted average organic HAP and VOC contents of
the combination of primers, topcoats, Type I chemical milling maskants,
or Type II chemical milling maskants, as determined in accordance with
the applicable procedures set forth in Sec. 63.750, complies with the
specified content limits in Secs. 63.745(c) and 63.747(c), unless the
permitting agency specifies a shorter averaging period as part of an
ambient ozone control program.
    (2) Averaging is allowed only for uncontrolled primers, topcoats
(including self-priming topcoats), Type I chemical milling maskants, or
Type II chemical milling maskants.
    (3) Averaging is not allowed between primers and topcoats (including
self-priming topcoats).
    (4) Averaging is not allowed between Type I and Type II chemical
milling maskants.
    (5) Averaging is not allowed between primers and chemical milling
maskants, or between topcoats and chemical milling maskants.
    (6) Each averaging scheme shall be approved in advance by the
permitting agency and adopted as part of the facility's title V permit.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15017, Mar. 27, 1998;
71 FR 20457, Apr. 20, 2006]



Sec. 63.744  Standards: Cleaning operations.

    (a) Housekeeping measures. Each owner or operator of a new or
existing cleaning operation subject to this subpart shall comply with
the requirements in these paragraphs unless the cleaning solvent used is
identified in Table 1 of this section or contains HAP and VOC below the
de minimis levels specified in Sec. 63.741(f).
    (1) Unless the owner or operator satisfies the requirements in
paragraph (a)(4) of this section, place used solvent-laden cloth, paper,
or any other absorbent applicators used for cleaning in bags or other
closed containers. Ensure that these bags and containers are kept closed
at all times except when depositing or removing these materials from the
container. Use bags and containers of such design so as to contain the
vapors of the cleaning solvent. Cotton-tipped swabs used for very small
cleaning operations are exempt from this requirement.
    (2) Unless the owner or operator satisfies the requirements in
paragraph (a)(4) of this section, store fresh and spent cleaning
solvents, except semi-aqueous solvent cleaners, used in aerospace
cleaning operations in closed containers.
    (4) Demonstrate to the Administrator (or delegated State, local, or
Tribal authority) that equivalent or better alternative measures are in
place compared to the use of closed containers

[[Page 190]]

for the solvent-laden materials described in paragraph (a)(1) of this
section, or the storage of solvents described in paragraph (a)(2) of
this section.
    (3) Conduct the handling and transfer of cleaning solvents to or
from enclosed systems, vats, waste containers, and other cleaning
operation equipment that hold or store fresh or spent cleaning solvents
in such a manner that minimizes spills.
    (b) Hand-wipe cleaning. Each owner or operator of a new or existing
hand-wipe cleaning operation (excluding cleaning of spray gun equipment
performed in accordance with paragraph (c) of this section) subject to
this subpart shall use cleaning solvents that meet one of the
requirements specified in paragraphs (b)(1), (b)(2), and (b)(3) of this
section. Cleaning solvent solutions that contain HAP and VOC below the
de minimis levels specified in Sec. 63.741(f) are exempt from the
requirements in paragraphs (b)(1), (b)(2), and (b)(3) of this section.
    (1) Meet one of the composition requirements in Table 1 of this
section;
    (2) Have a composite vapor pressure of 45 mm Hg (24.1 in.
H2 O) or less at 20  deg.C (68  deg.F); or
    (3) Demonstrate that the volume of hand-wipe solvents used in
cleaning operations has been reduced by at least 60% from a baseline
adjusted for production. The baseline shall be established as part of an
approved alternative plan administered by the State. Demonstrate that
the volume of hand-wipe cleaning solvents used in cleaning operations
has been reduced by at least 60 percent from a baseline adjusted for
production. The baseline shall be calculated using data from 1996 and
1997, or as otherwise agreed upon by the Administrator or delegated
State Authority. The baseline shall be approved by the Administrator or
delegated State Authority and shall be included as part of the
facility's title V or part 70 permit.
    (c) Spray gun cleaning. Each owner or operator of a new or existing
spray gun cleaning operation subject to this subpart in which spray guns
are used for the application of coatings or any other materials that
require the spray guns to be cleaned shall use one or more of the
techniques, or their equivalent, specified in paragraphs (c)(1) through
(c)(4) of this section. Spray gun cleaning operations using cleaning
solvent solutions that contain HAP and VOC below the de minimis levels
specified in Sec. 63.741(f) are exempt from the requirements in
paragraphs (c)(1) through (c)(4) of this section.
    (1)(i) Enclosed system. Clean the spray gun in an enclosed system
that is closed at all times except when inserting or removing the spray
gun. Cleaning shall consist of forcing solvent through the gun.
    (ii) If leaks are found during the monthly inspection required in
Sec. 63.751(a), repairs shall be made as soon as practicable, but no
later than 15 days after the leak was found. If the leak is not repaired
by the 15th day after detection, the cleaning solvent shall be removed,
and the enclosed cleaner shall be shut down until the leak is repaired
or its use is permanently discontinued.
    (2) Nonatomized cleaning. Clean the spray gun by placing cleaning
solvent in the pressure pot and forcing it through the gun with the
atomizing cap in place. No atomizing air is to be used. Direct the
cleaning solvent from the spray gun into a vat, drum, or other waste
container that is closed when not in use.
    (3) Disassembled spray gun cleaning. Disassemble the spray gun and
clean the components by hand in a vat, which shall remain closed at all
times except when in use. Alternatively, soak the components in a vat,
which shall remain closed during the soaking period and when not
inserting or removing components.
    (4) Atomizing cleaning. Clean the spray gun by forcing the cleaning
solvent through the gun and direct the resulting atomized spray into a
waste container that is fitted with a device designed to capture the
atomized cleaning solvent emissions.
    (5) Cleaning of the nozzle tips of automated spray equipment
systems, except for robotic systems that can be programmed to spray into
a closed container, shall be exempt from the requirements of paragraph
(c) of this section.

[[Page 191]]

    (d) Flush cleaning. Each owner or operator of a flush cleaning
operation subject to this subpart (excluding those in which Table 1 or
semi-aqueous cleaning solvents are used) shall empty the used cleaning
solvent each time aerospace parts or assemblies, or components of a
coating unit (with the exception of spray guns) are flush cleaned into
an enclosed container or collection system that is kept closed when not
in use or into a system with equivalent emission control.
    (e) Exempt cleaning operations. The following cleaning operations
are exempt from the requirements of paragraph (b) of this section:
    (1) Cleaning during the manufacture, assembly, installation,
maintenance, or testing of components of breathing oxygen systems that
are exposed to the breathing oxygen;
    (2) Cleaning during the manufacture, assembly, installation,
maintenance, or testing of parts, subassemblies, or assemblies that are
exposed to strong oxidizers or reducers (e.g., nitrogen tetroxide,
liquid oxygen, or hydrazine);
    (3) Cleaning and surface activation prior to adhesive bonding;
    (4) Cleaning of electronic parts and assemblies containing
electronic parts;
    (5) Cleaning of aircraft and ground support equipment fluid systems
that are exposed to the fluid, including air-to-air heat exchangers and
hydraulic fluid systems;
    (6) Cleaning of fuel cells, fuel tanks, and confined spaces;
    (7) Surface cleaning of solar cells, coated optics, and thermal
control surfaces;
    (8) Cleaning during fabrication, assembly, installation, and
maintenance of upholstery, curtains, carpet, and other textile materials
used in the interior of the aircraft;
    (9) Cleaning of metallic and nonmetallic materials used in honeycomb
cores during the manufacture or maintenance of these cores, and cleaning
of the completed cores used in the manufacture of aerospace vehicles or
components;
    (10) Cleaning of aircraft transparencies, polycarbonate, or glass
substrates;
    (11) Cleaning and cleaning solvent usage associated with research
and development, quality control, and laboratory testing;
    (12) Cleaning operations, using nonflamable liquids, conducted
within five feet of energized electrical systems. Energized electrical
systems means any AC or DC electrical circuit on an assembled aircraft
once electrical power is connected, including interior passenger and
cargo areas, wheel wells and tail sections; and
    (13) Cleaning operations identified as essential uses under the
Montreal Protocol for which the Administrator has allocated essential
use allowances or exemptions in 40 CFR 82.4.

    Table 1--Composition Requirements for Approved Cleaning Solvents
------------------------------------------------------------------------
    Cleaning solvent type               Composition requirements
------------------------------------------------------------------------
Aqueous......................  Cleaning solvents in which water is the
                                primary ingredient ([ge]80 percent of
                                cleaning solvent solution as applied
                                must be water). Detergents, surfactants,
                                and bioenzyme mixtures and nutrients may
                                be combined with the water along with a
                                variety of additives, such as organic
                                solvents (e.g., high boiling point
                                alcohols), builders, saponifiers,
                                inhibitors, emulsifiers, pH buffers, and
                                antifoaming agents. Aqueous solutions
                                must have a flash point greater than 93
                                deg.C (200  deg.F) (as reported by the
                                manufacturer), and the solution must be
                                miscible with water.
Hydrocarbon-based............  Cleaners that are composed of
                                photochemically reactive hydrocarbons
                                and/or oxygenated hydrocarbons and have
                                a maximum vapor pressure of 7 mm Hg at
                                20  deg.C (3.75 in. H2O and 68  deg.F).
                                These cleaners also contain no HAP.
------------------------------------------------------------------------


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



Sec. 63.745  Standards: Primer and topcoat application operations.

    (a) Each owner or operator of a new or existing primer or topcoat
application operation subject to this subpart shall comply with the
requirements

[[Page 192]]

specified in paragraph (c) of this section for those coatings that are
uncontrolled (no control device is used to reduce organic HAP emissions
from the operation), and in paragraph (d) of this section for those
coatings that are controlled (organic HAP emissions from the operation
are reduced by the use of a control device). Aerospace equipment that is
no longer operational, intended for public display, and not easily
capable of being moved is exempt from the requirements of this section.
    (b) Each owner or operator shall conduct the handling and transfer
of primers and topcoats to or from containers, tanks, vats, vessels, and
piping systems in such a manner that minimizes spills.
    (c) Uncontrolled coatings--organic HAP and VOC content levels. Each
owner or operator shall comply with the organic HAP and VOC content
limits specified in paragraphs (c)(1) through (c)(4) of this section for
those coatings that are uncontrolled.
    (1) Organic HAP emissions from primers shall be limited to an
organic HAP content level of no more than: 540 g/L (4.5 lb/gal) of
primer (less water), as applied, for general aviation rework facilities;
or 650 g/L (5.4 lb/gal) of exterior primer (less water), as applied, to
large commercial aircraft components (parts or assemblies) or fully
assembled, large commercial aircraft at existing affected sources that
produce fully assembled, large commercial aircraft; or 350 g/L (2.9 lb/
gal) of primer (less water), as applied.
    (2) VOC emissions from primers shall be limited to a VOC content
level of no more than: 540 g/L (4.5 lb/gal) of primer (less water and
exempt solvents), as applied, for general aviation rework facilities; or
650 g/L (5.4 lb/gal) of exterior primer (less water and exempt
solvents), as applied, to large commercial aircraft components (parts or
assemblies) or fully assembled, large commercial aircraft at existing
affected sources that produce fully assembled, large commercial
aircraft; or 350 g/L (2.9 lb/gal) of primer (less water and exempt
solvents), as applied.
    (3) Organic HAP emissions from topcoats shall be limited to an
organic HAP content level of no more than: 420 g/L (3.5 lb/gal) of
coating (less water) as applied or 540 g/L (4.5 lb/gal) of coating (less
water) as applied for general aviation rework facilities. Organic HAP
emissions from self-priming topcoats shall be limited to an organic HAP
content level of no more than: 420 g/L (3.5 lb/gal) of self-priming
topcoat (less water) as applied or 540 g/L (4.5 lb/gal) of self-priming
topcoat (less water) as applied for general aviation rework facilities.
    (4) VOC emissions from topcoats shall be limited to a VOC content
level of no more than: 420 g/L (3.5 lb/gal) of coating (less water and
exempt solvents) as applied or 540 g/L (4.5 lb/gal) of coating (less
water and exempt solvents) as applied for general aviation rework
facilities. VOC emissions from self-priming topcoats shall be limited to
a VOC content level of no more than: 420 g/L (3.5 lb/gal) of self-
priming topcoat (less water and exempt solvents) as applied or 540 g/L
(4.5 lb/gal) of self-priming topcoat (less water) as applied for general
aviation rework facilities.
    (d) Controlled coatings--control system requirements. Each control
system shall reduce the operation's organic HAP and VOC emissions to the
atmosphere by 81% or greater, taking into account capture and
destruction or removal efficiencies, as determined using the procedures
in Sec. 63.750(g) when a carbon adsorber is used and in Sec. 63.750(h)
when a control device other than a carbon adsorber is used.
    (e) Compliance methods. Compliance with the organic HAP and VOC
content limits specified in paragraphs (c)(1) through (c)(4) of this
section shall be accomplished by using the methods specified in
paragraphs (e)(1) and (e)(2) of this section either by themselves or in
conjunction with one another.
    (1) Use primers and topcoats (including self-priming topcoats) with
HAP and VOC content levels equal to or less than the limits specified in
paragraphs (c)(1) through (c)(4) of this section; or
    (2) Use the averaging provisions described in Sec. 63.743(d).
    (f) Application equipment. Except as provided in paragraph (f)(3) of
this section, each owner or operator of a new or existing primer or
topcoat (including self-priming topcoat) application operation subject
to this subpart in

[[Page 193]]

which any of the coatings contain organic HAP or VOC shall comply with
the requirements specified in paragraphs (f)(1) and (f)(2) of this
section.
    (1) All primers and topcoats (including self-priming topcoats) shall
be applied using one or more of the application techniques specified in
paragraphs (f)(1)(i) through (f)(1)(ix) of this section.
    (i) Flow/curtain coat application;
    (ii) Dip coat application;
    (iii) Roll coating;
    (iv) Brush coating;
    (v) Cotton-tipped swab application;
    (vi) Electrodeposition (dip) coating;
    (vii) High volume low pressure (HVLP) spraying;
    (viii) Electrostatic spray application; or
    (ix) Other coating application methods that achieve emission
reductions equivalent to HVLP or electrostatic spray application
methods, as determined according to the requirements in Sec. 63.750(i).
    (2) All application devices used to apply primers or topcoats
(including self-priming topcoats) shall be operated according to company
procedures, local specified operating procedures, and/or the
manufacturer's specifications, whichever is most stringent, at alltimes.
Equipment modified by the facility shall maintain a transfer efficiency
equivalent to HVLP and electrostatic spray application techniques.
    (3) The following situations are exempt from the requirements of
paragraph (f)(1) of this section:
    (i) Any situation that normally requires the use of an airbrush or
an extension on the spray gun to properly reach limited access spaces;
    (ii) The application of coatings that contain fillers that adversely
affect atomization with HVLP spray guns and that the permitting agency
has determined cannot be applied by any of the application methods
specified in paragraph (f)(1) of this section;
    (iii) The application of coatings that normally have a dried film
thickness of less than 0.0013 centimeter (0.0005 in.) and that the
permitting agency has determined cannot be applied by any of the
application methods specified in paragraph (f)(1) of this section;
    (iv) The use of airbrush application methods for stenciling,
lettering, and other identification markings;
    (v) The use of hand-held spray can application methods; and
    (vi) Touch-up and repair operations.
    (g) Inorganic HAP emissions. Except as provided in paragraph (g)(4)
of this section, each owner or operator of a new or existing primer or
topcoat application operation subject to this subpart in which any of
the coatings that are spray applied contain inorganic HAP, shall comply
with the applicable requirements in paragraphs (g)(1) through (g)(3) of
this section.
    (1) Apply these coatings in a booth or hangar in which air flow is
directed downward onto or across the part or assembly being coated and
exhausted through one or more outlets.
    (2) Control the air stream from this operation as follows:
    (i) For existing sources, the owner or operator must choose one of
the following:
    (A) Before exhausting it to the atmosphere, pass the air stream
through a dry particulate filter system certified using the methods
described in Sec. 63.750(o) to meet or exceed the efficiency data points
in Tables 1 and 2 of this section; or

Table 1--Two-Stage Arrestor; Liquid Phase Challenge for Existing Sources
------------------------------------------------------------------------
                                              Aerodynamic particle size
    Filtration efficiency requirement, %           range, [micro]m
------------------------------------------------------------------------
90..............................  5.7
50..............................  4.1
10..............................  2.2
------------------------------------------------------------------------


 Table 2--Two-Stage Arrestor; Solid Phase Challenge for Existing Sources
------------------------------------------------------------------------
                                              Aerodynamic particle size
    Filtration efficiency requirement, %           range, [micro]m
------------------------------------------------------------------------
90..............................  8.1
50..............................  5.0
10..............................  2.6
------------------------------------------------------------------------

    (B) Before exhausting it to the atmosphere, pass the air stream
through a waterwash system that shall remain in operation during all
coating application operations; or
    (C) Before exhausting it to the atmosphere, pass the air stream
through

[[Page 194]]

an air pollution control system that meets or exceeds the efficiency
data points in Tables 1 and 2 of this section and is approved by the
permitting authority.
    (ii) For new sources, either:
    (A) Before exhausting it to the atmosphere, pass the air stream
through a dry particulate filter system certified using the methods
described in Sec. 63.750(o) to meet or exceed the efficiency data points
in Tables 3 and 4 of this section; or

  Table 3--Three-Stage Arrestor; Liquid Phase Challenge for New Sources
------------------------------------------------------------------------
                                              Aerodynamic particle size
    Filtration efficiency requirement, %           range, [micro]m
------------------------------------------------------------------------
95..............................  2.0
80..............................  1.0
65..............................  0.42
------------------------------------------------------------------------


  Table 4--Three-Stage Arrestor; Solid Phase Challenge for New Sources
------------------------------------------------------------------------
                                              Aerodynamic particle size
    Filtration efficiency requirement, %           range, [micro]m
------------------------------------------------------------------------
95..............................  2.5
85..............................  1.1
75..............................  0.70
------------------------------------------------------------------------

    (B) Before exhausting it to the atmosphere, pass the air stream
through an air pollution control system that meets or exceeds the
efficiency data points in Tables 3 and 4 of this section and is approved
by the permitting authority.
    (iii) Owners or operators of new sources that have commenced
construction or reconstruction after June 6, 1994 but prior to October
29, 1996 may comply with the following requirements in lieu of the
requirements in paragraph (g)(2)(ii) of this section:
    (A) Pass the air stream through either a two-stage dry particulate
filter system or a waterwash system before exhausting it to the
atmosphere.
    (B) If the primer or topcoat contains chromium or cadmium, control
shall consist of a HEPA filter system, three-stage filter system, or
other control system equivalent to the three stage filter system as
approved by the permitting agency.
    (iv) If a dry particulate filter system is used, the following
requirements shall be met:
    (A) Maintain the system in good working order;
    (B) Install a differential pressure gauge across the filter banks;
    (C) Continuously monitor the pressure drop across the filter and
read and record the pressure drop once per shift; and
    (D) Take corrective action when the pressure drop exceeds or falls
below the filter manufacturer's recommended limit(s).
    (v) If a conventional waterwash system is used, continuously monitor
the water flow rate and read and record the water flow rate once per
shift. If a pumpless system is used, continuously monitor the booth
parameter(s) that indicate performance of the booth per the
manufacturer's recommendations to maintain the booth within the
acceptable operating efficiency range and read and record the parameters
once per shift.
    (3) If the pressure drop across the dry particulate filter system,
as recorded pursuant to Sec. 63.752(d)(1), is outside the limit(s)
specified by the filter manufacturer or in locally prepared operating
procedures, shut down the operation immediately and take corrective
action. If the water path in the waterwash system fails the visual
continuity/flow characteristics check, or the water flow rate recorded
pursuant to Sec. 63.752(d)(2) exceeds the limit(s) specified by the
booth manufacturer or in locally prepared operating procedures, or the
booth manufacturer's or locally prepared maintenance procedures for the
filter or waterwash system have not been performed as scheduled, shut
down the operation immediately and take corrective action. The operation
shall not be resumed until the pressure drop or water flow rate is
returned within the specified limit(s).
    (4) The requirements of paragraphs (g)(1) through (g)(3) of this
section do not apply to the following:
    (i) Touch-up of scratched surfaces or damaged paint;
    (ii) Hole daubing for fasteners;
    (iii) Touch-up of trimmed edges;
    (iv) Coating prior to joining dissimilar metal components;

[[Page 195]]

    (v) Stencil operations performed by brush or air brush;
    (vi) Section joining;
    (vii) Touch-up of bushings and other similar parts;
    (viii) Sealant detackifying;
    (ix) Painting parts in an area identified in a title V permit, where
the permitting authority has determined that it is not technically
feasible to paint the parts in a booth; and
    (x) The use of hand-held spray can application methods.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15019, Mar. 27, 1998;
63 FR 46533, Sept. 1, 1998; 65 FR 76945, Dec. 8, 2000]



Sec. 63.746  Standards: Depainting operations.

    (a) Applicability. Each owner or operator of a new or existing
depainting operation subject to this subpart shall comply with the
requirements in paragraphs (a)(1) through (a)(3) of this section, and
with the requirements specified in paragraph (b) where there are no
controls for organic HAP, or paragraph (c) where organic HAP are
controlled using a control system. This section does not apply to an
aerospace manufacturing or rework facility that depaints six or less
completed aerospace vehicles in a calendar year.
    (1) The provisions of this section apply to the depainting of the
outer surface areas of completed aerospace vehicles, including the
fuselage, wings, and vertical and horizontal stabilizers of the
aircraft, and the outer casing and stabilizers of missiles and rockets.
These provisions do not apply to the depainting of parts or units
normally removed from the aerospace vehicle for depainting. However,
depainting of wings and stabilizers is always subject to the
requirements of this section regardless of whether their removal is
considered by the owner or operator to be normal practice for
depainting.
    (2) Aerospace vehicles or components that are intended for public
display, no longer operational, and not easily capable of being moved
are exempt from the requirements of this section.
    (3) The following depainting operations are exempt from the
requirements of this section:
    (i) Depainting of radomes; and
    (ii) Depainting of parts, subassemblies, and assemblies normally
removed from the primary aircraft structure before depainting.
    (b)(1) HAP emissions--non-HAP chemical strippers and technologies.
Except as provided in paragraphs (b)(2) and (b)(3) of this section, each
owner or operator of a new or existing aerospace depainting operation
subject to this subpart shall emit no organic HAP from chemical
stripping formulations and agents or chemical paint softeners.
    (2) Where non-chemical based equipment is used to comply with
paragraph (b)(1) of this section, either in total or in part, each owner
or operator shall operate and maintain the equipment according to the
manufacturer's specifications or locally prepared operating procedures.
During periods of malfunctions of such equipment, each owner or operator
may use substitute materials during the repair period provided the
substitute materials used are those available that minimize organic HAP
emissions. In no event shall substitute materials be used for more than
15 days annually, unless such materials are organic HAP-free.
    (3) Each owner or operator of a new or existing depainting operation
shall not, on an annual average basis, use more than 26 gallons of
organic HAP-containing chemical strippers or alternatively 190 pounds of
organic HAP per commercial aircraft depainted; or more than 50 gallons
of organic HAP-containing chemical strippers or alternatively 365 pounds
of organic HAP per military aircraft depainted for spot stripping and
decal removal.
    (4) Each owner or operator of a new or existing depainting operation
complying with paragraph (b)(2), that generates airborne inorganic HAP
emissions from dry media blasting equipment, shall also comply with the
requirements specified in paragraphs (b)(4)(i) through (b)(4)(v) of this
section.
    (i) Perform the depainting operation in an enclosed area, unless a
closed-cycle depainting system is used.
    (ii)(A) For existing sources pass any air stream removed from the
enclosed area or closed-cycle depainting system

[[Page 196]]

through a dry particulate filter system, certified using the method
described in Sec. 63.750(o) to meet or exceed the efficiency data points
in Tables 1 and 2 of Sec. 63.745, through a baghouse, or through a
waterwash system before exhausting it to the atmosphere.
    (B) For new sources pass any air stream removed from the enclosed
area or closed-cycle depainting system through a dry particulate filter
system certified using the method described in Sec. 63.750(o) to meet or
exceed the efficiency data points in Tables 3 and 4 of Sec. 63.745 or
through a baghouse before exhausting it to the atmosphere.
    (c) Owners or operators of new sources that have commenced
construction or reconstruction after June 6, 1994 but prior to October
29, 1996 may comply with the following requirements in lieu of the
requirements in paragraph (b)(4)(ii)(B) of this section:
    (1) Pass the air stream through either a two-stage dry particulate
filter system or a waterwash system before exhausting it to the
atmosphere.
    (2) If the coating being removed contains chromium or cadmium,
control shall consist of a HEPA filter system, three-stage filter
system, or other control system equivalent to the three-stage filter
system as approved by the permitting agency.
    (iii) If a dry particulate filter system is used, the following
requirements shall be met:
    (A) Maintain the system in good working order;
    (B) Install a differential pressure gauge across the filter banks;
    (C) Continuously monitor the pressure drop across the filter, and
read and record the pressure drop once per shift; and
    (D) Take corrective action when the pressure drop exceeds or falls
below the filter manufacturer's recommended limits.
    (iv) If a waterwash system is used, continuously monitor the water
flow rate, and read and record the water flow rate once per shift.
    (v) If the pressure drop, as recorded pursuant to Sec. 63.752(e)(7),
is outside the limit(s) specified by the filter manufacturer or in
locally prepared operating procedures, whichever is more stringent, shut
down the operation immediately and take corrective action. If the water
path in the waterwash system fails the visual continuity/flow
characteristics check, as recorded pursuant to Sec. 63.752(e)(7), or the
water flow rate, as recorded pursuant to Sec. 63.752(d)(2), exceeds the
limit(s) specified by the booth manufacturer or in locally prepared
operating procedures, or the booth manufacturer's or locally prepared
maintenance procedures for the filter or waterwash system have not been
performed as scheduled, shut down the operation immediately and take
corrective action. The operation shall not be resumed until the pressure
drop or water flow rate is returned within the specified limit(s).
    (5) Mechanical and hand sanding operations are exempt from the
requirements in paragraph (b)(4) of this section.
    (c) Organic HAP emissions--organic HAP-containing chemical
strippers. Each owner or operator of a new or existing organic HAP-
containing chemical stripper depainting operation subject to this
subpart shall comply with the requirements specified in this paragraph.
    (1) All organic HAP emissions from the operation shall be reduced by
the use of a control system. Each control system that was installed
before the effective date shall reduce the operations' organic HAP
emissions to the atmosphere by 81 percent or greater, taking into
account capture and destruction or removal efficiencies.
    (2) Each control system installed on or after the effective date
shall reduce organic HAP emissions to the atmosphere by 95 percent or
greater. Reduction shall take into account capture and destruction or
removal efficiencies, and may take into account the volume of chemical
stripper used relative to baseline levels (e.g., the 95 percent
efficiency may be achieved by controlling emissions at 81 percent
efficiency with a control system and using 74 percent less stripper than
in baseline applications). The baseline shall be calculated using data
from 1996 and 1997, which shall be on a usage per aircraft or usage per
square foot of surface basis.
    (3) The capture and destruction or removal efficiencies are to be
determined

[[Page 197]]

using the procedures in Sec. 63.750(g) when a carbon adsorber is used
and those in Sec. 63.750(h) when a control device other than a carbon
adsorber is used.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15020, Mar. 27, 1998;
63 FR 46533, Sept. 1, 1998]



Sec. 63.747  Standards: Chemical milling maskant application operations.

    (a) Each owner or operator of a new or existing chemical milling
maskant operation subject to this subpart shall comply with the
requirements specified in paragraph (c) of this section for those
chemical milling maskants that are uncontrolled (no control device is
used to reduce organic HAP emissions from the operation) and in
paragraph (d) of this section for those chemical milling maskants that
are controlled (organic HAP emissions from the operation are reduced by
the use of a control device).
    (b) Each owner or operator shall conduct the handling and transfer
of chemical milling maskants to or from containers, tanks, vats,
vessels, and piping systems in such a manner that minimizes spills.
    (c) Uncontrolled maskants--organic HAP and VOC content levels. Each
owner or operator shall comply with the organic HAP and VOC content
limits specified in paragraphs (c)(1) and (c)(2) of this section for
each chemical milling maskant that is uncontrolled.
    (1) Organic HAP emissions from chemical milling maskants shall be
limited to organic HAP content levels of no more than 622 grams of
organic HAP per liter (5.2 lb/gal) of Type I chemical milling maskant
(less water) as applied, and no more than 160 grams of organic HAP per
liter (1.3 lb/gal) of Type II chemical milling maskant (less water) as
applied.
    (2) VOC emissions from chemical milling maskants shall be limited to
VOC content levels of no more than 622 grams of VOC per liter (5.2 lb/
gal) of Type I chemical milling maskant (less water and exempt solvents)
as applied, and no more than 160 grams of VOC per liter (1.3 lb/gal) of
Type II chemical milling maskant (less water and exempt solvents) as
applied.
    (3) The requirements of paragraphs (c)(1) and (c)(2) of this section
do not apply to the following:
    (i) Touch-up of scratched surfaces or damaged maskant; and
    (ii) Touch-up of trimmed edges.
    (d) Controlled maskants--control system requirements. Each control
system shall reduce the operation's organic HAP and VOC emissions to the
atmosphere by 81% or greater, taking into account capture and
destruction or removal efficiencies, as determined using the procedures
in Sec. 63.750(g) when a carbon adsorber is used and in Sec. 63.750(h)
when a control device other than a carbon adsorber is used.
    (e) Compliance methods. Compliance with the organic HAP and VOC
content limits specified in paragraphs (c)(1) and (c)(2) of this section
may be accomplished by using the methods specified in paragraphs (e)(1)
and (e)(2) of this section either by themselves or in conjunction with
one another.
    (1) Use chemical milling maskants with HAP and VOC content levels
equal to or less than the limits specified in paragraphs (c)(1) and
(c)(2) of this section.
    (2) Use the averaging provisions described in Sec. 63.743(d).

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15021, Mar. 27, 1998]



Sec. 63.748  Standards: Handling and storage of waste.

    Except as provided in Sec. 63.741(e), the owner or operator of each
facility subject to this subpart that produces a waste that contains HAP
shall conduct the handling and transfer of the waste to or from
containers, tanks, vats, vessels, and piping systems in such a manner
that minimizes spills.



Sec. 63.749  Compliance dates and determinations.

    (a) Compliance dates. (1) Each owner or operator of an existing
affected source subject to this subpart shall comply with the
requirements of this subpart by September 1, 1998, except as specified
in paragraph (a)(2) of this section. Owners or operators of new affected
sources subject to this subpart shall comply on the effective date or
upon startup, whichever is later. In addition, each owner or operator
shall

[[Page 198]]

comply with the compliance dates specified in Sec. 63.6(b) and (c).
    (2) Owners or operators of existing primer or topcoat application
operations and depainting operations who construct or reconstruct a
spray booth or hangar must comply with the new source requirements for
inorganic HAP specified in Secs. 63.745(g)(2)(ii) and 63.746(b)(4) for
that new spray booth or hangar upon startup. Such sources must still
comply with all other existing source requirements by September 1, 1998.
    (b) General. Each facility subject to this subpart shall be
considered in noncompliance if the owner or operator fails to submit a
startup, shutdown, and malfunction plan as required by Sec. 63.743(b) or
uses a control device other than one specified in this subpart that has
not been approved by the Administrator, as required by Sec. 63.743(c).
    (c) Cleaning operations. Each cleaning operation subject to this
subpart shall be considered in noncompliance if the owner or operator
fails to institute and carry out the housekeeping measures required
under Sec. 63.744(a). Incidental emissions resulting from the activation
of pressure release vents and valves on enclosed cleaning systems are
exempt from this paragraph.
    (1) Hand-wipe cleaning. An affected hand-wipe cleaning operation
shall be considered in compliance when all hand-wipe cleaning solvents,
excluding those used for hand cleaning of spray gun equipment under
Sec. 63.744(c)(3), meet either the composition requirements specified in
Sec. 63.744(b)(1) or the vapor pressure requirement specified in
Sec. 63.744(b)(2).
    (2) Spray gun cleaning. An affected spray gun cleaning operation
shall be considered in compliance when each of the following conditions
is met:
    (i) One of the four techniques specified in Sec. 63.744 (c)(1)
through (c)(4) is used;
    (ii) The technique selected is operated according to the procedures
specified in Sec. 63.744 (c)(1) through (c)(4) as appropriate; and
    (iii) If an enclosed system is used, monthly visual inspections are
conducted and any leak detected is repaired within 15 days after
detection. If the leak is not repaired by the 15th day after detection,
the solvent shall be removed and the enclosed cleaner shall be shut down
until the cleaner is repaired or its use is permanently discontinued.
    (3) Flush cleaning. An affected flush cleaning operation shall be
considered in compliance if the operating requirements specified in
Sec. 63.744(d) are implemented and carried out.
    (d) Organic HAP and VOC content levels--primer and topcoat
application operations--(1) Performance test periods. For uncontrolled
coatings that are not averaged, each 24 hours is considered a
performance test. For compliant and non-compliant coatings that are
averaged together, each 30-day period is considered a performance test,
unless the permitting agency specifies a shorter averaging period as
part of an ambient ozone control program. When using a control device
other than a carbon adsorber, three 1-hour runs constitute the test
period for the initial and any subsequent performance test. When using a
carbon adsorber, each rolling material balance period is considered a
performance test.
    (2) Initial performance tests. If a control device is used, each
owner or operator shall conduct an initial performance test to
demonstrate compliance with the overall reduction efficiency specified
in paragraph Sec. 63.745, unless a waiver is obtained under either
Sec. 63.7(e)(2)(iv) or Sec. 63.7(h). The initial performance test shall
be conducted according to the procedures and test methods specified in
Secs. 63.7 and 63.750(g) for carbon adsorbers and in Sec. 63.750(h) for
control devices other than carbon adsorbers. For carbon adsorbers, the
initial performance test shall be used to establish the appropriate
rolling material balance period for determining compliance. The
procedures in paragraphs (d)(2)(i) through (d)(2)(vi) of this section
shall be used in determining initial compliance with the provisions of
this subpart for carbon adsorbers.
    (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in
the determination of the efficiency of a fixed-bed carbon adsorption
system with a common exhaust stack for all the individual carbon
adsorber vessels pursuant to Sec. 63.750(g) (2) or (4), the test shall
consist of three separate runs,

[[Page 199]]

each coinciding with one or more complete sequences through the
adsorption cycles of all of the individual carbon adsorber vessels.
    (B) When either EPA Method 18 or EPA Method 25A is to be used in the
determination of the efficiency of a fixed-bed carbon adsorption system
with individual exhaust stacks for each carbon adsorber vessel pursuant
to Sec. 63.750(g) (3) or (4), each carbon adsorber vessel shall be
tested individually. The test for each carbon adsorber vessel shall
consist of three separate runs. Each run shall coincide with one or more
complete adsorption cycles.
    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as
applicable, at least twice during each test period.
    (3) The primer application operation is considered in compliance
when the conditions specified in paragraphs (d)(3)(i) through (d)(3)(iv)
of this section, as applicable, and in paragraph (e) of this section are
met. Failure to meet any one of the conditions identified in these
paragraphs shall constitute noncompliance.
    (i) For all uncontrolled primers, all values of Hi and
Ha (as determined using the procedures specified in
Sec. 63.750 (c) and (d)) are less than or equal to 350 grams of organic
HAP per liter (2.9 lb/gal) of primer (less water) as applied, and all
values of Gi and Ga (as determined using the
procedures specified in Sec. 63.750 (e) and (f)) are less than or equal
to 350 grams of organic VOC per liter (2.9 lb/gal) of primer (less water
and exempt solvents) as applied.
    (ii) If a control device is used:
    (A) The overall control system efficiency, Ek, as
determined using the procedures specified in Sec. 63.750(g) for control
systems containing carbon adsorbers and in Sec. 63.750(h) for control
systems with other control devices, is equal to or greater than 81%
during the initial performance test and any subsequent performance test;
    (B) If an incinerator other than a catalytic incinerator is used,
the average combustion temperature for all 3-hour periods is greater
than or equal to the average combustion temperature established under
Sec. 63.751(b)(11); and
    (C) If a catalytic incinerator is used, the average combustion
temperatures for all 3-hour periods are greater than or equal to the
average combustion temperatures established under Sec. 63.751(b)(12).
    (iii)(A) Uses an application technique specified in Sec. 63.745
(f)(1)(i) through (f)(1)(viii), or
    (B) Uses an alternative application technique, as allowed under
Sec. 63.745(f)(1)(ix), such that the emissions of both organic HAP and
VOC for the implementation period of the alternative application method
are less than or equal to the emissions generated using HVLP or
electrostatic spray application methods as determined using the
procedures specified in Sec. 63.750(i).
    (iv) Operates all application techniques in accordance with the
manufacturer's specifications or locally prepared operating procedures,
whichever is more stringent.
    (4) The topcoat application operation is considered in compliance
when the conditions specified in paragraphs (e)(4)(i) through (e)(4)(iv)
of this section, as applicable, and in paragraph (f) of this section are
met. Failure to meet any of the conditions identified in these
paragraphs shall constitute noncompliance.
    (i) For all uncontrolled topcoats, all values of Hi and
Ha(as determined using the procedures specified in
Sec. 63.750(c) and (d)) are less than or equal to 420 grams organic HAP
per liter (3.5 lb/gal) of topcoat (less water) as applied, and all
values of Gi and Ga (as determined using the
procedures specified in Sec. 63.750(e) and (f)) are less than or equal
to 420 grams organic VOC per liter (3.5 lb/gal) of topcoat (less water
and exempt solvents) as applied.
    (ii) If a control device is used,
    (A) The overall control system efficiency, Ek, as
determined using the procedures specified in Sec. 63.750(g) for control
systems containing carbon

[[Page 200]]

adsorbers and in Sec. 63.750(h) for control systems with other control
devices, is equal to or greater than 81% during the initial performance
test and any subsequent performance test;
    (B) If an incinerator other than a catalytic incinerator is used,
the average combustion temperature for all 3-hour periods is greater
than or equal to the average combustion temperature established under
Sec. 63.751(b)(11); and
    (C) If a catalytic incinerator is used, the average combustion
temperatures for all 3-hour periods are greater than or equal to the
average combustion temperatures established under Sec. 63.751(b)(12).
    (iii)(A) Uses an application technique specified in Sec. 63.745
(f)(1)(i) through (f)(1)(viii); or
    (B) Uses an alternative application technique, as allowed under
Sec. 63.745(f)(1)(ix), such that the emissions of both organic HAP and
VOC for the implementation period of the alternative application method
are less than or equal to the emissions generated using HVLP or
electrostatic spray application methods as determined using the
procedures specified in Sec. 63.750(i).
    (iv) Operates all application techniques in accordance with the
manufacturer's specifications or locally prepared operating procedures.
    (e) Inorganic HAP emissions--primer and topcoat application
operations. For each primer or topcoat application operation that emits
inorganic HAP, the operation is in compliance when:
    (1) It is operated according to the requirements specified in
Sec. 63.745(g)(1) through (g)(3); and
    (2) It is shut down immediately whenever the pressure drop or water
flow rate is outside the limit(s) established for them and is not
restarted until the pressure drop or water flow rate is returned within
these limit(s), as required under Sec. 63.745(g)(3).
    (f) Organic HAP emissions--Depainting operations--(1) Performance
test periods. When using a control device other than a carbon adsorber,
three 1-hour runs constitute the test period for the initial and any
subsequent performance test. When a carbon adsorber is used, each
rolling material balance period is considered a performance test. Each
24-hour period is considered a performance test period for determining
compliance with Sec. 63.746(b)(1). For uncontrolled organic emissions
from depainting operations, each calendar year is considered a
performance test period for determining compliance with the HAP limits
for organic HAP-containing chemical strippers used for spot stripping
and decal removal.
    (2) Initial performance tests. If a control device is used, each
owner or operator shall conduct an initial performance test to
demonstrate compliance with the overall reduction efficiency specified
in Sec. 63.746(c), unless a waiver is obtained under either
Sec. 63.7(e)(2)(iv) or Sec. 63.7(h). The initial performance test shall
be conducted according to the procedures and test methods specified in
Secs. 63.7 and 63.750(g) for carbon adsorbers and in Sec. 63.750(h) for
control devices other than carbon adsorbers. For carbon adsorbers, the
initial performance test shall be used to establish the appropriate
rolling material balance period for determining compliance. The
procedures in paragraphs (2)(i) through (2)(vi) of this section shall be
used in determining initial compliance with the provisions of this
subpart for carbon adsorbers.
    (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in
the determination of the efficiency of a fixed-bed carbon adsorption
system with a common exhaust stack for all the individual carbon
adsorber vessels pursuant to Sec. 63.750(g)(2) or (4), the test shall
consist of three separate runs, each coinciding with one or more
complete sequences through the adsorption cycles of all of the
individual carbon adsorber vessels.
    (B) When either EPA Method 18 or EPA Method 25A is to be used in the
determination of the efficiency of a fixed-bed carbon adsorption system
with individual exhaust stacks for each carbon adsorber vessel pursuant
to Sec. 63.750(g) (3) or (4), each carbon adsorber vessel shall be
tested individually. The test for each carbon adsorber vessel shall
consist of three separate runs. Each run shall coincide with one or more
complete adsorption cycles.

[[Page 201]]

    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as
applicable, at least twice during each test period.
    (3) An organic HAP-containing chemical stripper depainting operation
is considered in compliance when the conditions specified in paragraph
(g)(3)(i) of this section are met.
    (i) If a carbon adsorber (or other control device) is used, the
overall control efficiency of the control system, as determined using
the procedures specified in Sec. 63.750(g) (or other control device as
determined using the procedures specified in Sec. 63.750(h)), is equal
to or greater than 81% for control systems installed before the
effective date, or equal to or greater than 95% for control systems
installed on or after the effective date, during the initial performance
test and all subsequent material balances (or performance tests, as
appropriate).
    (ii) For non-HAP depainting operations complying with
Sec. 63.746(b)(1);
    (A) For any spot stripping and decal removal, the value of C, as
determined using the procedures specified in Sec. 63.750(j), is less
than or equal to 26 gallons of organic HAP-containing chemical stripper
or 190 pounds of organic HAP per commercial aircraft depainted
calculated on a yearly average; and is less than or equal to 50 gallons
of organic HAP-containing chemical stripper or 365 pounds of organic HAP
per military aircraft depainted calculated on a yearly average; and
    (B) The requirements of Sec. 63.746(b)(2) are carried out during
malfunctions of non-chemical based equipment.
    (g) Inorganic HAP emissions--depainting operations. Each depainting
operation is in compliance when:
    (1) The operating requirements specified in Sec. 63.746(b)(4) are
followed; and
    (2) It is shut down immediately whenever the pressure drop or water
flow rate is outside the limit(s) established for them and is not
restarted until the pressure drop or water flow rate is returned within
these limit(s), as required under Sec. 63.746(b)(4)(v).
    (h) Chemical milling maskant application operations--(1) Performance
test periods. For uncontrolled chemical milling maskants that are not
averaged, each 24-hour period is considered a performance test. For
compliant and noncompliant chemical milling maskants that are averaged
together, each 30-day period is considered a performance test, unless
the permitting agency specifies a shorter period as part of an ambient
ozone control program. When using a control device other than a carbon
adsorber, three 1-hour runs constitute the test period for the initial
and any subsequent performance test. When a carbon adsorber is used,
each rolling material balance period is considered a performance test.
    (2) Initial performance tests. If a control device is used, each
owner or operator shall conduct an initial performance test to
demonstrate compliance with the overall reduction efficiency specified
in Sec. 63.747(d), unless a waiver is obtained under either
Sec. 63.7(e)(2)(iv) or Sec. 63.7(h). The initial performance test shall
be conducted according to the procedures and test methods specified in
Secs. 63.7 and 63.750(g) for carbon adsorbers and in Sec. 63.750(h) for
control devices other than carbon adsorbers. For carbon adsorbers, the
initial performance test shall be used to establish the appropriate
rolling material balance period for determining compliance. The
procedures in paragraphs (h)(2) (i) through (vi) of this section shall
be used in determining initial compliance with the provisions of this
subpart for carbon adsorbers.
    (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in
the determination of the efficiency of a fixed-bed carbon adsorption
system with a common exhaust stack for all the individual carbon
adsorber vessels pursuant to Sec. 63.750(g) (2) or (4), the test shall
consist of three separate runs, each coinciding with one or more
complete sequences through the adsorption cycles of all of the
individual carbon adsorber vessels.
    (B) When either EPA Method 18 or EPA Method 25A is to be used in the

[[Page 202]]

determination of the efficiency of a fixed-bed carbon adsorption system
with individual exhaust stacks for each carbon adsorber vessel pursuant
to Sec. 63.750(g) (3) or (4), each carbon adsorber vessel shall be
tested individually. The test for each carbon adsorber vessel shall
consist of three separate runs. Each run shall coincide with one or more
complete adsorption cycles.
    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as
applicable, at least twice during each test period.
    (3) The chemical milling maskant application operation is considered
in compliance when the conditions specified in paragraphs (i)(3)(i) and
(i)(3)(ii) of this section are met.
    (i) For all uncontrolled chemical milling maskants, all values of
Hi and Ha (as determined using the procedures
specified in Sec. 63.750 (k) and (l)) are less than or equal to 622
grams of organic HAP per liter (5.2 lb/gal) of Type I chemical milling
maskant as applied (less water), and 160 grams of organic HAP per liter
(1.3 lb/gal) of Type II chemical milling maskant as applied (less
water). All values of Gi and Ga (as determined
using the procedures specified in Sec. 63.750 (m) and (n)) are less than
or equal to 622 grams of VOC per liter (5.2 lb/gal) of Type I chemical
milling maskant as applied (less water and exempt solvents), and 160
grams of VOC per liter (1.3 lb/gal) of Type II chemical milling maskant
(less water and exempt solvents) as applied.
    (ii) If a carbon adsorber (or other control device) is used, the
overall control efficiency of the control system, as determined using
the procedures specified in Sec. 63.750(g) (or systems with other
control devices as determined using the procedures specified in
Sec. 63.750(h)), is equal to or greater than 81% during the initial
performance test period and all subsequent material balances (or
performance tests, as appropriate).
    (i) Handling and storage of waste. For those wastes subject to this
subpart, failure to comply with the requirements specified in
Sec. 63.748 shall be considered a violation.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15021, Mar. 27, 1998]



Sec. 63.750  Test methods and procedures.

    (a) Composition determination. Compliance with the hand-wipe
cleaning solvent approved composition list specified in
Sec. 63.744(b)(1) for hand-wipe cleaning solvents shall be demonstrated
using data supplied by the manufacturer of the cleaning solvent. The
data shall identify all components of the cleaning solvent and shall
demonstrate that one of the approved composition definitions is met.
    (b) Vapor pressure determination. The composite vapor pressure of
hand-wipe cleaning solvents used in a cleaning operation subject to this
subpart shall be determined as follows:
    (1) For single-component hand-wipe cleaning solvents, the vapor
pressure shall be determined using MSDS or other manufacturer's data,
standard engineering reference texts, or other equivalent methods.
    (2) The composite vapor pressure of a blended hand-wipe solvent
shall be determined by quantifying the amount of each organic compound
in the blend using manufacturer's supplied data or a gas chromatographic
analysis in accordance with ASTM E 260-91 or 96 (incorporated by
reference--see Sec. 63.14 of subpart A of this part) and by calculating
the composite vapor pressure of the solvent by summing the partial
pressures of each component. The vapor pressure of each component shall
be determined using manufacturer's data, standard engineering reference
texts, or other equivalent methods. The following equation shall be used
to determine the composite vapor pressure:
[GRAPHIC] [TIFF OMITTED] TR01SE98.000

where:


[[Page 203]]


Wi = Weight of the ``i''th VOC compound, grams.
Ww = Weight of water, grams.
We = Weight of non-HAP, nonVOC compound, grams.
MWi = Molecular weight of the ``i''th VOC compound, g/g-mole.
MWw = Molecular weight of water, g/g-mole.
MWe = Molecular weight of exempt compound, g/g-mole.
PPc = VOC composite partial pressure at 20  deg.C, mm Hg.
VPi = Vapor pressure of the ``i''th VOC compound at 20
          deg.C, mm Hg.

    (c) Organic HAP content level determination--compliant primers and
topcoats. For those uncontrolled primers and topcoats complying with the
primer and topcoat organic HAP content limits specified in
Sec. 63.745(c) without being averaged, the following procedures shall be
used to determine the mass of organic HAP emitted per volume of coating
(less water) as applied.
    (1) For coatings that contain no exempt solvents, determine the
total organic HAP content using manufacturer's supplied data or Method
24 of 40 CFR part 60, appendix A, to determine the VOC content. The VOC
content shall be used as a surrogate for total HAP content for coatings
that contain no exempt solvent. If there is a discrepancy between the
manufacturer's formulation data and the results of the Method 24
analysis, compliance shall be based on the results from the Method 24
analysis.
    When Method 24 is used to determine the VOC content of water-
reducible coatings, the precision adjustment factors in Reference Method
24 shall be used. If the adjusted analytical VOC content is less than
the formulation solvent content, then the analytical VOC content should
be set equal to the formulation solvent content.
    (2) For each coating formulation as applied, determine the organic
HAP weight fraction, water weight fraction (if applicable), and density
from manufacturer's data. If these values cannot be determined using the
manufacturer's data, the owner or operator shall submit an alternative
procedure for determining their values for approval by the
Administrator. Recalculation is required only when a change occurs in
the coating formulation.
    (3) For each coating as applied, calculate the mass of organic HAP
emitted per volume of coating (lb/gal) less water as applied using
equations 1, 2, and 3:
[GRAPHIC] [TIFF OMITTED] TR01SE95.004

where:

Vwi = volume (gal) of water in one gal of coating i.
Dci = density (lb of coating per gal of coating) of coating
          i.
Wwi = weight fraction (expressed as a decimal) of water in
          coating i.
Dw = density of water, 8.33 lb/gal.
[GRAPHIC] [TIFF OMITTED] TR01SE95.005

where:

MHi = mass (lb) of organic HAP in one gal of coating i.
Dci = density (lb of coating per gal of coating) of coating
          i.
WHi = weight fraction (expressed as a decimal) of organic HAP
          in coating i.
          [GRAPHIC] [TIFF OMITTED] TR01SE95.006

where:

Hi = mass of organic HAP emitted per volume of coating i (lb/
          gal) less water as applied.
MHi = mass (lb) of organic HAP in one gal of coating i.
Vwi = volume (gal) of water in one gal of coating i.

    (d) Organic HAP content level determination--averaged primers and
topcoats. For those uncontrolled primers and topcoats that are averaged
together in order to comply with the primer and topcoat organic HAP
content limits specified in Sec. 63.745(c), the following procedure
shall be used to determine the monthly volume-weighted average mass of
organic HAP emitted per volume of coating (less water) as applied,
unless the permitting agency specifies a shorter averaging period as
part of an ambient ozone control program.
    (1)(i) Determine the total organic HAP weight fraction as applied of
each coating. If any ingredients, including diluent solvent, are added
to a coating prior to its application, the organic HAP weight fraction
of the coating

[[Page 204]]

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

where:

Ha = volume-weighted average mass of organic HAP emitted per
          unit volume of coating (lb/gal) (less water) as applied during
          each 30-day period for those coatings being averaged.
n=number of coatings being averaged.

[[Page 205]]

WHi = weight fraction (expressed as a decimal) of organic HAP
          in coating i as applied that is being averaged during each 30-
          day period.
Dci = density (lb of coating per gal of coating) of coating i
          as applied that is being averaged during each 30-day period.
Vci = volume (gal) of coating i as applied that is being
          averaged during the 30-day period.
Clw = total volume (gal) of all coatings (less water) as
          applied that are being averaged during each 30-day period.

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

where:

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

where:

MVi = mass (lb) of VOC in one gal of coating i.
Dci = density (lb of coating per gal of coating) of coating
          i.
WVi = weight fraction (expressed as a decimal) of VOC in
          coating i.
          [GRAPHIC] [TIFF OMITTED] TR27MR98.002

where:

Gi = mass of VOC emitted per volume of coating i (lb/gal)
          (less water and exempt solvents) as applied.
MVi = mass (lb) of VOC in one gal of coating i.
Vwi = volume (gal) of water in one gal of coating i.
VXi = volume (gal) of exempt solvents in one gal of coating
          i.

    (3)(i) If the VOC content is found to be different when EPA Method
24 is used during an enforcement inspection from that used by the owner
or operator in calculating Ga, compliance shall be based,
except as provided in paragraph (e)(3)(ii) of this section, upon the VOC
content obtained using EPA Method 24.
    (ii) If the VOC content of a coating obtained using Method 24 would
indicate noncompliance as determined under either Sec. 63.749 (d)(3)(i)
or (d)(4)(i), an owner or operator may elect to average the coating with
other uncontrolled coatings and (re)calculate Gi (using the
procedure specified in paragraph (f) of this section), provided
appropriate and sufficient records were maintained for all coatings
included in the average (re)calculation. The (re)calculated value of
Gi (Ga in paragraph (f)) for the averaged coatings
shall then be used to determine compliance.
    (f) VOC content level determination--averaged primers and topcoats.
For those uncontrolled primers and topcoats that are averaged within
their respective coating category in order to comply with the primer and
topcoat VOC content limits specified in Sec. 63.745 (c)(2) and (c)(4),
the following procedure shall

[[Page 206]]

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

where:

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

    (5)(i) If the VOC content is found to be different when EPA Method
24 is used during an enforcement inspection from that used by the owner
or operator in calculating Ga, recalculation of Ga
is required using the new value. If more than one coating is involved,
the recalculation shall be made once using all of the new values.
    (ii) If recalculation is required, an owner or operator may elect to
include in the recalculation of Ga uncontrolled coatings that
were not previously included provided appropriate and sufficient records
were maintained for these other coatings to allow daily recalculations.
    (iii) The recalculated value of Ga under either paragraph
(f)(5)(i) or (f)(5)(ii) of this section shall be used to determine
compliance.

[[Page 207]]

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

    (i) The value of RSi is zero unless the owner or operator
submits the following information to the Administrator for approval of a
measured RSi value that is greater than zero:
    (A) Measurement techniques; and
    (B) Documentation that the measured value of RSi exceeds
zero.
    (ii) The measurement techniques of paragraph (g)(1)(i)(A) of this
section shall be submitted to the Administrator for approval with the
notification of performance test required under Sec. 63.7(b).
    (iii) Each owner or operator demonstrating compliance by the test
method described in paragraph (g)(1) of this section shall:
    (A) Measure the amount of coating or stripper as applied;
    (B) Determine the VOC or HAP content of all coating and stripper
applied using the test method specified in Sec. 63.750(c) (1) through
(3) or (e) (1) and (2) of this section;
    (C) Install, calibrate, maintain, and operate, according to the
manufacturer's specifications, a device that indicates the amount of HAP
or VOC recovered by the solvent recovery device over rolling 7- to 30-
day periods; the device shall be certified by the manufacturer to be
accurate to within 2.0 percent, and this certification shall be kept on
record;
    (D) Measure the amount of HAP or VOC recovered; and
    (E) Calculate the overall HAP or VOC emission reduction (R) for
rolling 7- to 30-day periods using equation 9.
    (F) Compliance is demonstrated if the value of R is equal to or
greater than the overall HAP control efficiencies required by
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d).
    (2) To demonstrate initial compliance with Sec. 63.745(d),
Sec. 63.746(c), or Sec. 63.747(d) when affected HAP emission points are
controlled by an emission control device other than a fixed-bed carbon
adsorption system with individual exhaust stacks for each carbon
adsorber vessel, each owner or operator of an affected source shall
perform a gaseous emission test using the following procedures.
    (i) Construct the overall HAP emission reduction system so that all
volumetric flow rates and total HAP or VOC emissions can be accurately
determined by the applicable test methods and procedures specified in
Sec. 63.750(g) (9) through (14).
    (ii) Determine capture efficiency from the HAP emission points by
capturing, venting, and measuring all HAP emissions from the HAP
emission points. During a performance test, the owner or operator of
affected HAP emission points located in an area with

[[Page 208]]

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

    (vi) For each HAP emission point subject to Sec. 63.745(d),
Sec. 63.746(c), or Sec. 63.747(d), compliance is demonstrated if the
product of (E) x (F) is equal to or greater than the overall HAP control
efficiencies required under Sec. 63.745(d), Sec. 63.746(c), or
Sec. 63.747(d).
    (3) To demonstrate compliance with Sec. 63.745(d), Sec. 63.746(c),
or Sec. 63.747(d) when affected HAP emission points are controlled by a
fixed-bed carbon adsorption system with individual exhaust stacks for
each carbon adsorber vessel, each owner or operator of an affected
source shall perform a gaseous emission test using the following
procedures:
    (i) Construct the overall HAP emission reduction system so that each
volumetric flow rate and the total HAP emissions can be accurately
determined by the applicable test methods and procedures specified in
Sec. 63.750(g) (9) through (14);
    (ii) Assure that all HAP emissions from the affected HAP emission
point(s) are segregated from gaseous emission points not affected by
this subpart and that the emissions can be captured for measurement, as
described in paragraphs (g)(2)(ii) (A) and (B) of this section;
    (iii) Operate the emission control device with all affected HAP
emission points connected and operating;
    (iv) Determine the efficiency (Hv) of each individual
carbon adsorber vessel (v) using equation 12:
[GRAPHIC] [TIFF OMITTED] TR01SE95.014

    (v) Determine the efficiency of the carbon adsorption system
(Hsys) by computing the average efficiency of the individual
carbon adsorber vessels as weighted by the volumetric flow rate
(Qhv) of each individual carbon adsorber vessel (v) using
equation 13:
[GRAPHIC] [TIFF OMITTED] TR01SE95.015

    (vi) Determine the efficiency (F) of the capture system using
equation 11.
    (vii) For each HAP emission point subject to Sec. 63.745(d),
Sec. 63.746(c), or Sec. 63.747(d), compliance is demonstrated if the
product of (Hsys) x (F) is equal to or greater than the
overall HAP control efficiency required by Sec. 63.745(d),
Sec. 63.746(c), or Sec. 63.747(d).
    (4) An alternative method of demonstrating compliance with
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) is the installation of
a total enclosure around the affected HAP emission point(s) and the
ventilation of all HAP emissions from the total enclosure to a control
device with the efficiency specified in paragraph (g)(4)(iii) of this
section. If this

[[Page 209]]

method is selected, the compliance test methods described in paragraphs
(g)(1), (g)(2), and (g)(3) of this section are not required. Instead,
each owner or operator of an affected source shall:
    (i) Demonstrate that a total enclosure is installed. An enclosure
that meets the requirements in paragraphs (g)(4)(i) (A) through (D) of
this section shall be considered a total enclosure. The owner or
operator of an enclosure that does not meet these requirements may apply
to the Administrator for approval of the enclosure as a total enclosure
on a case-by-case basis. The enclosure shall be considered a total
enclosure if it is demonstrated to the satisfaction of the Administrator
that all HAP emissions from the affected HAP emission point(s) are
contained and vented to the control device. The requirements for
automatic approval are as follows:
    (A) The total area of all natural draft openings shall not exceed 5%
of the total surface area of the total enclosure's walls, floor, and
ceiling;
    (B) All sources of emissions within the enclosure shall be a minimum
of four equivalent diameters away from each natural draft opening;
    (C) The average inward face velocity (FV) across all natural draft
openings shall be a minimum of 3,600 meters per hour as determined by
the following procedures:
    (1) All forced makeup air ducts and all exhaust ducts are
constructed so that the volumetric flow rate in each can be accurately
determined by the test methods and procedures specified in
Sec. 63.750(g) (10) and (11); volumetric flow rates shall be calculated
without the adjustment normally made for moisture content; and
    (2) Determine FV by equation 14:
    [GRAPHIC] [TIFF OMITTED] TR01SE95.016

    (D) The air passing through all natural draft openings shall flow
into the enclosure continuously. If FV is less than or equal to 9,000
meters per hour, the continuous inward flow of air shall be verified by
continuous observation using smoke tubes, streamers, tracer gases, or
other means approved by the Administrator over the period that the
volumetric flow rate tests required to determine FV are carried out. If
FV is greater than 9,000 meters per hour, the direction of airflow
through the natural draft openings shall be presumed to be inward at all
times without verification.
    (ii) Determine the control device efficiency using equation 10 or
equations 12 and 13, as applicable, and the test methods and procedures
specified in Sec. 63.750(g) (9) through (14).
    (iii) Compliance shall be achieved if the installation of a total
enclosure is demonstrated and the value of E determined from equation 10
(or the value of Hsys determined from equations 12 and 13, as
applicable) is equal to or greater than the overall HAP control
efficiencies required under Sec. 63.745(d), Sec. 63.746(c), or
Sec. 63.747(d).
    (5) When nonregenerative carbon adsorbers are used to comply with
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d), the owner or operator
may conduct a design evaluation to demonstrate initial compliance in
lieu of following the compliance test procedures of paragraphs (g)(1),
(2), (3), and (4) of this section. The design evaluation shall consider
the vent stream composition, component concentrations, flow rate,
relative humidity, and temperature, and shall establish the design
exhaust vent stream organic compound concentration level, capacity of
the carbon bed, type and working capacity of activated carbon used for
the carbon bed, and design carbon replacement interval based on the
total carbon working capacity of the control device and the emission
point operating schedule.
    (6)(i) To demonstrate initial compliance with Sec. 63.745(d),
Sec. 63.746(c), or Sec. 63.747(d) when hard piping or ductwork is used
to direct VOC and HAP emissions from a VOC and HAP source to the control
device, each owner or operator shall demonstrate upon inspection that
the criteria of paragraph (g)(6)(i)(A) and paragraph (g)(6)(i) (B) or
(C) of this section VR/FD are met.
    (A) The equipment shall be vented to a control device.

[[Page 210]]

    (B) The control device efficiency (E or Hsys, as
applicable) determined using equation 10 or equations 12 and 13,
respectively, and the test methods and procedures specified in
Sec. 63.750(g) (9) through (14), shall be equal to or greater than the
overall HAP control efficiency required by Sec. 63.745(d),
Sec. 63.746(c), or Sec. 63.747(d).
    (C) When a nonregenerative carbon adsorber is used, the ductwork
from the affected emission point(s) shall be vented to the control
device and the carbon adsorber shall be demonstrated, through the
procedures of Sec. 63.750(g) (1), (2), (3), (4), or (5), to meet the
requirements of Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d).
    (7) Startups and shutdowns are normal operation for this source
category. Emissions from these activities are to be included when
determining if the standards specified in Sec. 63.745(d),
Sec. 63.746(c), or Sec. 63.747(d) are being attained.
    (8) An owner or operator who uses compliance techniques other than
those specified in this subpart shall submit a description of those
compliance procedures, subject to the Administrator's approval, in
accordance with Sec. 63.7(f) of subpart A.
    (9) Either EPA Method 18 or EPA Method 25A of appendix A of part 60,
as appropriate to the conditions at the site, shall be used to determine
VOC and HAP concentration of air exhaust streams as required by
Sec. 63.750(g) (1) through (6). The owner or operator shall submit
notice of the intended test method to the Administrator for approval
along with the notification of the performance test required under
Sec. 63.7(b). Method selection shall be based on consideration of the
diversity of organic species present and their total concentration and
on consideration of the potential presence of interfering gases. Except
as indicated in paragraphs (g)(9) (i) and (ii) of this section, the test
shall consist of three separate runs, each lasting a minimum of 30
minutes.
    (i) When either EPA Method 18 or EPA Method 25A is to be used in the
determination of the efficiency of a fixed-bed carbon adsorption system
with a common exhaust stack for all the individual carbon adsorber
vessels pursuant to paragraph (g) (2) or (4) of this section, the test
shall consist of three separate runs, each coinciding with one or more
complete sequences through the adsorption cycles of all of the
individual carbon adsorber vessels.
    (ii) When either EPA Method 18 or EPA Method 25A is to be used in
the determination of the efficiency of a fixed-bed carbon adsorption
system with individual exhaust stacks for each carbon adsorber vessel
pursuant to Sec. 63.750(g) (3) or (4), each carbon adsorber vessel shall
be tested individually. The test for each carbon adsorber vessel shall
consist of three separate runs. Each run shall coincide with one or more
complete adsorption cycles.
    (10) EPA Method 1 or 1A of appendix A of part 60 is used for sample
and velocity traverses.
    (11) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used
for velocity and volumetric flow rates.
    (12) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (13) EPA Method 4 of appendix A of part 60 is used for stack gas
moisture.
    (14) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as
applicable, at least twice during each test period.
    (h) Overall VOC and/or organic HAP control efficiency--control
devices other than carbon adsorbers. Calculate the overall control
efficiency of a control system with a control device other than a carbon
adsorber using the following procedure.
    (1) Calculate the overall control efficiency using equation 15:
    [GRAPHIC] [TIFF OMITTED] TR01SE95.017

where:

Ek = overall VOC and/or organic HAP control efficiency
          (expressed as a decimal) of control system k.
Rk = destruction or removal efficiency (expressed as a
          decimal) of total organic compounds or total organic HAP for
          control device k as determined under paragraph (h)(2) of this
          section.
Fk = capture efficiency (expressed as a decimal) of capture
          system k as determined under paragraph (h)(3) of this section.

    (2) The organic HAP destruction or removal efficiency Rk
of a control device other than a carbon adsorber shall

[[Page 211]]

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

where:

Ei, Eo = mass rate of TOC (minus methane and
          ethane) or total organic HAP at the inlet and outlet of the
          control device, respectively, dry basis, kg/hr.
K2 = constant, 2.494x10-6 (parts per
          million)-1 (gram-mole per standard cubic meter)
          (kilogram/gram) (minute/hour), where standard temperature for
          (gram-mole per standard cubic meter) is 20  deg.C.
n=number of sample components in the gas stream.
Cij, Coj = concentration of sample component j of
          the gas stream at the inlet and outlet of the control device,
          respectively, dry basis, parts per million by volume.
Mij, Moj = molecular weight of sample component j
          of the gas stream at the inlet and outlet of the control
          device, respectively, gram/gram-mole.
Qi, Qo = flow rate of gas stream at the inlet and
          outlet of the control device, respectively, dry standard cubic
          meter per minute.

    (1) Where the mass rate of TOC is being calculated, all organic
compounds (minus methane and ethane) measured by EPA Method 18 shall be
summed using equation 16 in paragraph (h)(2)(iv)(B) of this section.
    (2) Where the mass rate of total organic HAP is being calculated,
only the organic HAP species shall be summed using equation 17 in
paragraph (h)(2)(iv)(B) of this section. The list of organic HAP is
provided in Sec. 63.104 of subpart F of this part.
    (C) Calculate the destruction or removal efficiency for TOC (minus
methane and ethane) or total organic HAP using equation 18:
[GRAPHIC] [TIFF OMITTED] TR01SE95.019

where:

R=destruction or removal efficiency of control device, percent.
Ei = mass rate of TOC (minus methane and ethane) or total
          organic HAP at the inlet to the control device as calculated
          under paragraph (h)(2)(iv)(B) of this section, kg TOC per hour
          or kg organic HAP per hour.
Eo = mass rate of TOC (minus methane and ethane) or total
          organic HAP at the outlet of the control device, as calculated
          under paragraph (h)(2)(iv)(B) of this section, kg TOC per hour
          or kg organic HAP per hour.

    (3) Determine the capture efficiency Fk of each capture
system to which organic HAP and VOC emissions from coating operations
are vented. The capture efficiency value shall be determined using
Procedure T--Criteria for and Verification of a Permanent or Temporary
Total Enclosure as found in appendix B to Sec. 52.741 of part 52 of this
chapter for total enclosures, and the capture efficiency protocol
specified in

[[Page 212]]

Sec. 52.741(a)(4)(iii) of part 52 of this chapter for all other
enclosures.
    (i)(1) Alternative application method--primers and topcoats. Each
owner or operator seeking to use an alternative application method (as
allowed in Sec. 63.745(f)(1)(ix)) in complying with the standards for
primers and topcoats shall use the procedures specified in paragraphs
(i)(2)(i) and (i)(2)(ii) or (i)(2)(iii) of this section to determine the
organic HAP and VOC emission levels of the alternative application
technique as compared to either HVLP or electrostatic spray application
methods.
    (2)(i) For the process or processes for which the alternative
application method is to be used, the total organic HAP and VOC
emissions shall be determined for an initial 30-day period, the period
of time required to apply coating to five completely assembled aircraft,
or a time period approved by the permitting agency. During this initial
period, only HVLP or electrostatic spray application methods shall be
used. The emissions shall be determined based on the volumes, organic
HAP contents (less water), and VOC contents (less water and exempt
solvents) of the coatings as applied.
    (ii) Upon implementation of the alternative application method, use
the alternative application method in production on actual production
parts or assemblies for a period of time sufficient to coat an
equivalent amount of parts and assemblies with coatings identical to
those used in the initial 30-day period. The actual organic HAP and VOC
emissions shall be calculated for this post-implementation period.
    (iii) Test the proposed application method against either HVLP or
electrostatic spray application methods in a laboratory or pilot
production area, using parts and coatings representative of the
process(es) where the alternative method is to be used. The laboratory
test will use the same part configuration(s) and the same number of
parts for both the proposed method and the HVLP or electrostatic spray
application methods.
    (iv) Whenever the approach in either paragraph (i)(2)(ii) or
(i)(2)(iii) of this section is used, the owner or operator shall
calculate both the organic HAP and VOC emission reduction using
equation:
[GRAPHIC] [TIFF OMITTED] TR01SE98.001

where:

P=organic HAP or VOC emission reduction, percent.
Eb = organic HAP or VOC emissions, in pounds, before the
          alternative application technique was implemented, as
          determined under paragraph (i)(2)(i) of this section.
Ea = organic HAP of VOC emissions, in pounds, after the
          alternative application technique was implemented, as
          determined under paragraph (i)(2)(ii) of this section.

    (3) Each owner or operator seeking to demonstrate that an
alternative application method achieves emission reductions equivalent
to HVLP or electrostatic spray application methods shall comply with the
following:
    (i) Each coating shall be applied such that the dried film thickness
is within the range specified by the applicable specification(s) for the
aerospace vehicle or component being coated.
    (ii) If no such dried film thickness specification(s) exists, the
owner or operator shall ensure that the dried film thickness applied
during the initial 30-day period is equivalent to the dried film
thickness applied during the alternative application method test period
for similar aerospace vehicles or components.
    (iii) Failure to comply with these dried film thickness requirements
shall invalidate the test results obtained under paragraph (i)(2)(i) of
this section.
    (j) Spot stripping and decal removal. Each owner or operator seeking
to comply with Sec. 63.746(b)(3) shall determine the volume of organic
HAP-containing chemical strippers or alternatively the weight of organic
HAP used per aircraft using the procedure specified in paragraphs (j)(1)
through (j)(3) of this section.
    (1) For each chemical stripper used for spot stripping and decal
removal, determine for each annual period the total volume as applied or
the total weight of organic HAP using the procedure specified in
paragraph (d)(2) of this section.

[[Page 213]]

    (2) Determine the total number of aircraft for which depainting
operations began during the annual period as determined from company
records.
    (3) Calculate the annual average volume of organic HAP-containing
chemical stripper or weight of organic HAP used for spot stripping and
decal removal per aircraft using equation 20 (volume) or equation 21
(weight):
[GRAPHIC] [TIFF OMITTED] TR27MR98.004

where:

C=annual average volume (gal per aircraft) of organic HAP-containing
          chemical stripper used for spot stripping and decal removal.
n=number of organic HAP-containing chemical strippers used in the annual
          period.
Vsi = volume (gal) of organic HAP-containing chemical
          stripper (i) used during the annual period.
A=number of aircraft for which depainting operations began during the
          annual period.
          [GRAPHIC] [TIFF OMITTED] TR27MR98.005

where:

C = annual average weight (lb per aircraft) of organic HAP (chemical
          stripper) used for spot stripping and decal removal.
m = number of organic HAP contained in each chemical stripper, as
          applied.
n = number of organic HAP-containing chemical strippers used in the
          annual period.
Whi = weight fraction (expressed as a decimal) of each
          organic HAP (i) contained in the chemical stripper, as
          applied, for each aircraft depainted.
Dhi = density (lb/gal) of each organic HAP-containing
          chemical stripper (i), used in the annual period.
Vsi = volume (gal) of organic HAP-containing chemical
          stripper (i) used during the annual period.
A = number of aircraft for which depainting operations began during the
          annual period.

    (k) Organic HAP content level determination--compliant chemical
milling maskants. For those uncontrolled chemical milling maskants
complying with the chemical milling maskant organic HAP content limit
specified in Sec. 63.747(c)(1) without being averaged, the following
procedures shall be used to determine the mass of organic HAP emitted
per unit volume of coating (chemical milling maskant) i as applied (less
water), Hi (lb/gal).
    (1) For coatings that contain no exempt solvents, determine the
total organic HAP content using manufacturer's supplied data or Method
24 of 40 CFR part 60, appendix A to determine the VOC content. The VOC
content shall be used as a surrogate for total HAP content for coatings
that contain no exempt solvent. If there is a discrepancy between the
manufacturer's formulation data and the results of the Method 24
analysis, compliance shall be based on the results from the Method 24
analysis.
    When Method 24 is used to determine the VOC content of water-
reducible coatings, the precision adjustment factors in Reference Method
24 shall be used. If the adjusted analytical VOC content is less than
the formulation solvent content, then the analytical VOC content should
be set equal to the formulation solvent content.
    (2) [Reserved]
    (l) Organic HAP content level determination--averaged chemical
milling maskants. For those uncontrolled chemical milling maskants that
are averaged together in order to comply with the chemical milling
maskant organic HAP content level specified in Sec. 63.747(c)(1), the
procedure specified in paragraphs (l)(1) through (l)(4) of this section
shall be used to determine the monthly volume-weighted average mass of
organic HAP emitted per volume of chemical milling maskant (less water)
as applied, unless the permitting agency specifies a shorter averaging
period as part of an ambient ozone control program.
    (1) Determine the total organic HAP weight fraction as applied of
each chemical milling maskant used during each 30-day period using the
procedure specified in paragraph (d)(1) of this section.
    (2) Determine for each 30-day period:
    (i) The individual volume of each chemical milling maskant applied
in terms of total gallons (less water) (using the procedure specified in
paragraph (d)(2) of this section), and

[[Page 214]]

    (ii) The total volume in gallons of all chemical milling maskants
(less water) as applied by summing the individual volumes of each
chemical milling maskant as applied (less water).
    (3) Determine the density of each chemical milling maskant as
applied used during each 30-day period using the procedure specified in
paragraph (d)(3) of this section.
    (4) Calculate the volume-weighted average mass of organic HAP
emitted per unit volume (lb/gal) of chemical milling maskant (less
water) as applied for all chemical milling maskants during each 30-day
period using equation 22:
[GRAPHIC] [TIFF OMITTED] TR27MR98.006

where:

Ha = volume-weighted mass of organic HAP emitted per unit
          volume of chemical milling maskants (lb/gal) (less water) as
          applied during each 30-day period for those chemical milling
          maskants being averaged.
n=number of chemical milling maskants being averaged.
WHi = weight fraction (expressed as a decimal) of organic HAP
          in chemical milling maskant i (less water) as applied during
          each 30-day period that is averaged.
Dmi = density (lb chemical milling maskant per gal coating)
          of chemical milling maskant i as applied during each 30-day
          period that is averaged.
Vmi = volume (gal) of chemical milling maskant i (less water)
          as applied during the 30-day period that is averaged.
Mlw = total volume (gal) of all chemical milling maskants
          (less water) as applied during each 30-day period that is
          averaged.

    (m) VOC content level determination--compliant chemical milling
maskants. For those uncontrolled chemical milling maskants complying
with the chemical milling maskant VOC content limit specified in
Sec. 63.747(c)(2) without being averaged, the procedure specified in
paragraphs (m)(1) and (m)(2) of this section shall be used to determine
the mass of VOC emitted per volume of chemical milling maskant (less
water and exempt solvents) as applied.
    (1) Determine the mass of VOC emitted per unit volume of chemical
milling maskant (lb/gal) (less water and exempt solvents) as applied,
Gi, for each chemical milling maskant using the procedures
specified in paragraphs (e)(1) and (e)(2) of this section.
    (2)(i) If the VOC content is found to be different when EPA Method
24 is used during an enforcement inspection from that used by the owner
or operator in calculating Gi, compliance shall be based,
except as provided in paragraph (m)(2)(ii) of this section, upon the VOC
content obtained using EPA Method 24.
    (ii) If the VOC content of a chemical milling maskant obtained using
EPA Method 24 would indicate noncompliance as determined under
Sec. 63.749(h)(3)(i), an owner or operator may elect to average the
chemical milling maskant with other uncontrolled chemical milling
maskants and (re)calculate Ga (using the procedure specified
in paragraph (n) of this section), provided appropriate and sufficient
records were maintained for all chemical milling maskants included in
the average recalculation. The (re)calculated value of Ga for
the averaged chemical milling maskants shall then be used to determine
compliance.
    (n) VOC content level determination--averaged chemical milling
maskants. For those uncontrolled chemical milling maskants that are
averaged together in order to comply with the chemical milling maskant
VOC content limit specified in Sec. 63.747(c)(2), the procedure
specified in paragraphs (n)(1) through (n)(4) of this section shall be
used to determine the monthly volume-weighted average mass of VOC
emitted per volume of chemical milling maskant (less water and exempt
solvents) as applied, unless the permitting agency specifies a shorter
averaging period as part of an ambient ozone control program.
    (1) Determine the VOC content of each chemical milling maskant (less
water and exempt solvents) as applied used during each 30-day period
using the procedure specified in paragraph (f)(1) of this section.
    (2)(i) Determine the individual volume of each chemical milling
maskant applied in terms of total gallons (less water and exempt
solvents) using the procedure specified in paragraph (f)(2) of this
section, and

[[Page 215]]

    (ii) Calculate the total volume in gallons of all chemical milling
maskants (less water and exempt solvents) as applied by summing the
individual volumes of each chemical milling maskant (less water and
exempt solvents) as applied.
    (3) Calculate the volume-weighted average mass of VOC emitted per
unit volume (lb/gal) of chemical milling maskant (less water and exempt
solvents) as applied during each 30-day period using equation 23:
[GRAPHIC] [TIFF OMITTED] TR27MR98.007

where:

Ga = volume-weighted average mass of VOC per unit volume of
          chemical milling maskant (lb/gal) (less water and exempt
          solvents) as applied during each 30-day period for those
          chemical milling maskants that are averaged.
n=number of chemical milling maskants being averaged.
(VOC)mi = VOC content (lb/gal) of chemical milling maskant i
          (less water and exempt solvents) as applied during the 30-day
          period that is averaged.
Vmi = volume (gal) of chemical milling maskant i (less water
          and exempt solvents) as applied during the 30-day period that
          is averaged.
Mlwes = total volume (gal) of all chemical milling maskants
          (less water and exempt solvents) as applied during each 30-day
          period that is averaged.

    (4)(i) If the VOC content is found to be different when EPA Method
24 is used during an enforcement inspection from that used by the owner
or operator in calculating Ga, recalculation of Ga
is required using the new value. If more than one chemical milling
maskant is involved, the recalculation shall be made once using all of
the new values.
    (ii) If recalculation is required, an owner or operator may elect to
include in the recalculation of Ga uncontrolled chemical
milling maskants that were not previously included provided appropriate
and sufficient records were maintained for these other chemical milling
maskants to allow daily recalculations.
    (iii) The recalculated value of Ga under either paragraph
(n)(4)(i) or (n)(4)(ii) of this section shall be used to determine
compliance.
    (o) Inorganic HAP emissions--dry particulate filter certification
requirements. Dry particulate filters used to comply with
Sec. 63.745(g)(2) or Sec. 63.746(b)(4) must be certified by the filter
manufacturer or distributor, paint/depainting booth supplier, and/or the
facility owner or operator using method 319 in appendix A of this part,
to meet or exceed the efficiency data points found in Tables 1 and 2, or
3 and 4 of Sec. 63.745 for existing or new sources respectively.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15021, Mar. 27, 1998;
63 FR 46534, Sept. 1, 1998; 65 FR 62215, Oct. 17, 2000; 79 FR 11284,
Feb. 27, 2014]



Sec. 63.751  Monitoring requirements.

    (a) Enclosed spray gun cleaners. Each owner or operator using an
enclosed spray gun cleaner under Sec. 63.744(c)(1) shall visually
inspect the seals and all other potential sources of leaks associated
with each enclosed gun spray cleaner system at least once per month.
Each inspection shall occur while the system is in operation.
    (b) Incinerators and carbon adsorbers--initial compliance
demonstrations. Each owner or operator subject to the requirements in
this subpart must demonstrate initial compliance with the requirements
of Secs. 63.745(d), 63.746(c), and 63.747(d) of this subpart. Each owner
or operator using a carbon adsorber to comply with the requirements in
this subpart shall comply with the requirements specified in paragraphs
(b)(1) through (7) of this section. Each owner or operator using an
incinerator to comply with the requirements in this subpart shall comply
with the requirements specified in paragraphs (b)(8) through (12) of
this section.
    (1) Except as allowed by paragraph (b)(2) or (b)(5) of this section,
for each control device used to control organic HAP or VOC emissions,
the owner or operator shall fulfill the requirements of paragraph (b)(1)
(i) or (ii) of this section.

[[Page 216]]

    (i) The owner or operator shall establish as a site-specific
operating parameter the outlet total HAP or VOC concentration that
demonstrates compliance with Sec. 63.745(d), Sec. 63.746(c), or
Sec. 63.747(d) as appropriate; or
    (ii) The owner or operator shall establish as the site-specific
operating parameter the control device efficiency that demonstrates
compliance with Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d).
    (iii) When a nonregenerative carbon adsorber is used to comply with
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d), the site-specific
operating parameter value may be established as part of the design
evaluation used to demonstrate initial compliance. Otherwise, the site-
specific operating parameter value shall be established during the
initial performance test conducted according to the procedures of
Sec. 63.750(g).
    (2) For each nonregenerative carbon adsorber, in lieu of meeting the
requirements of Sec. 63.751(b)(1), the owner or operator may establish
as the site-specific operating parameter the carbon replacement time
interval, as determined by the maximum design flow rate and organic
concentration in the gas stream vented to the carbon adsorption system.
The carbon replacement time interval shall be established either as part
of the design evaluation to demonstrate initial compliance or during the
initial performance test conducted according to the procedures in
Sec. 63.750(g) (1), (2), (3), or (4).
    (3) Each owner or operator venting solvent HAP emissions from a
source through a room, enclosure, or hood, to a control device to comply
with Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) shall:
    (i) Submit to the Administrator with the compliance status report
required by Sec. 63.9(h) of the General Provisions a plan that:
    (A) Identifies the operating parameter to be monitored to ensure
that the capture efficiency measured during the initial compliance test
is maintained;
    (B) Discusses why this parameter is appropriate for demonstrating
ongoing compliance; and
    (C) Identifies the specific monitoring procedures;
    (ii) Set the operating parameter value, or range of values, that
demonstrate compliance with Sec. 63.745(d), Sec. 63.746(c), or
Sec. 63.747(d), as appropriate; and
    (iii) Conduct monitoring in accordance with the plan submitted to
the Administrator unless comments received from the Administrator
require an alternate monitoring scheme.
    (4) Owners or operators subject to Sec. 63.751(b) (1), (2), or (3)
shall calculate the site-specific operating parameter value, or range of
values, as the arithmetic average of the maximum and/or minimum
operating parameter values, as appropriate, that demonstrate compliance
with Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) during the
multiple test runs required by Sec. 63.750 (g)(2) and (g)(1).
    (5) For each solvent recovery device used to comply with
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d), in lieu of meeting
the requirements of paragraph (b)(1) of this section, the results of the
material balance calculation conducted in accordance with
Sec. 63.750(g)(1) may serve as the site-specific operating parameter
that demonstrates compliance with Sec. 63.745(d), Sec. 63.746(c), or
Sec. 63.747(d).
    (6) Continuous compliance monitoring. Following the date on which
the initial compliance demonstration is completed, continuous compliance
with Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) of this subpart
shall be demonstrated as outlined in this paragraph.
    (i) Each owner or operator of an affected source subject to
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) of this subpart shall
monitor the applicable parameters specified in paragraph (b)(6)(ii),
(b)(6)(iii), or (b)(6)(iv) of this section depending on the type of
control technique used.
    (ii) Compliance monitoring shall be subject to the following
provisions:
    (A) Except as allowed by paragraph (b)(6)(iii)(A)(2) of this
section, all continuous emission monitors shall comply with performance
specification (PS) 8 or 9 in 40 CFR part 60, appendix B, as appropriate
depending on whether VOC or HAP concentration is being measured. The
requirements in appendix F of 40 CFR part 60 shall also be followed. In
conducting the quarterly audits required by appendix F, owners or
operators shall challenge the monitors with compounds representative of
the gaseous emission stream being controlled.

[[Page 217]]

    (B) If the effluent from multiple emission points are combined prior
to being channeled to a common control device, the owner or operator is
required only to monitor the common control device, not each emission
point.
    (iii) Owners or operators complying with Sec. 63.745(d),
Sec. 63.746(c), or Sec. 63.747(d) through the use of a control device
and establishing a site-specific operating parameter in accordance with
paragraph (b)(1) of this section shall fulfill the requirements of
paragraph (b)(6)(iii)(A) of this section and paragraph (b)(6)(iii)(B) or
(C) of this section, as appropriate.
    (A) The owner or operator shall install, calibrate, operate, and
maintain a continuous emission monitor.
    (1) The continuous emission monitor shall be used to measure
continuously the total HAP or VOC concentration at both the inlet and
the outlet whenever HAP from coating and paint stripping operations are
vented to the control device, or when continuous compliance is
demonstrated through a percent efficiency calculation; or
    (2) For owners or operators using a nonregenerative carbon adsorber,
in lieu of using continuous emission monitors as specified in paragraph
(b)(6)(iii)(A)(1) of this section, the owner or operator may use a
portable monitoring device to monitor total HAP or VOC concentration at
the inlet and outlet or the outlet of the carbon adsorber as
appropriate.
    (a) The monitoring device shall be calibrated, operated, and
maintained in accordance with the manufacturer's specifications.
    (b) The monitoring device shall meet the requirements of part 60,
appendix A, Method 21, sections 2, 3, 4.1, 4.2, and 4.4. The calibration
gas shall either be representative of the compounds to be measured or
shall be methane, and shall be at a concentration associated with 125%
of the expected organic compound concentration level for the carbon
adsorber outlet vent.
    (c) The probe inlet of the monitoring device shall be placed at
approximately the center of the carbon adsorber outlet vent. The probe
shall be held there for at least 5 minutes during which flow into the
carbon adsorber is expected to occur. The maximum reading during that
period shall be used as the measurement.
    (B) If complying with Sec. 63.745(d), Sec. 63.746(c), or
Sec. 63.747(d) through the use of a carbon adsorption system with a
common exhaust stack for all of the carbon vessels, the owner or
operator shall not operate the control device at an average control
efficiency less than that required by Sec. 63.745(d), Sec. 63.746(c), or
Sec. 63.747(d) for three consecutive adsorption cycles.
    (C) If complying with Sec. 63.745(d), Sec. 63.746(c), or
Sec. 63.747(d) through the use of a carbon adsorption system with
individual exhaust stacks for each of the multiple carbon adsorber
vessels, the owner or operator shall not operate any carbon adsorber
vessel at an average control efficiency less than that required by
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) as calculated daily
using a 7 to 30-day rolling average.
    (D) If complying with Sec. 63.745(d), Sec. 63.746(c), or
Sec. 63.747(d) through the use of a nonregenerative carbon adsorber, in
lieu of the requirements of paragraph (b)(6)(iii) (B) or (C) of this
section, the owner or operator may monitor the VOC or HAP concentration
of the adsorber exhaust daily, at intervals no greater than 20 percent
of the design carbon replacement interval, whichever is greater, or at a
frequency as determined by the owner or operator and approved by the
Administrator.
    (iv) Owners or operators complying with Sec. 63.745(d),
Sec. 63.746(c), or Sec. 63.747(d) through the use of a nonregenerative
carbon adsorber and establishing a site-specific operating parameter for
the carbon replacement time interval in accordance with paragraph (b)(2)
shall replace the carbon in the carbon adsorber system with fresh carbon
at the predetermined time interval as determined in the design
evaluation.
    (v) Owners or operators complying with Sec. 63.745(d),
Sec. 63.746(c), or Sec. 63.747(d) by capturing emissions through a room,
enclosure, or hood shall install, calibrate, operate, and maintain the
instrumentation necessary to measure continuously the site-specific
operating parameter established in accordance with paragraph (b)(3) of
this section whenever VOC and HAP from coating and stripper operations
are

[[Page 218]]

vented through the capture device. The capture device shall not be
operated at an average value greater than or less than (as appropriate)
the operating parameter value established in accordance with paragraph
(b)(3) of this section for any 3-hour period.
    (7) Owners or operators complying with paragraph (b)(4) or (b)(5) of
this section shall calculate the site-specific operating parameter value
as the arithmetic average of the minimum operating parameter values that
demonstrate compliance with Sec. 63.745(d)and Sec. 63.747(d) during the
three test runs required by Sec. 63.750(h)(2)(iv).
    (8) All temperature monitoring equipment shall be installed,
calibrated, maintained, and operated according to manufacturer's
specifications. Every 3 months, facilities shall replace the temperature
sensors or have the temperature sensors recalibrated. As an alternative,
a facility may use a continuous emission monitoring system (CEMS) to
verify that there has been no change in the destruction efficiency and
effluent composition of the incinerator.
    (9) Where an incinerator other than a catalytic incinerator is used,
a thermocouple equipped with a continuous recorder shall be installed
and continuously operated in the firebox or in the ductwork immediately
downstream of the firebox in a position before any substantial heat
exchange occurs.
    (10) Where a catalytic incinerator is used, thermocouples, each
equipped with a continuous recorder, shall be installed and continuously
operated in the gas stream immediately before and after the catalyst
bed.
    (11) For each incinerator other than a catalytic incinerator, each
owner or operator shall establish during each performance test during
which compliance is demonstrated, including the initial performance
test, the minimum combustion temperature as a site-specific operating
parameter. This minimum combustion temperature shall be the operating
parameter value that demonstrates compliance with Secs. 63.745(d) and
63.747(d).
    (12) For each catalytic incinerator, each owner or operator shall
establish during each performance test during which compliance is
demonstrated, including the initial performance test, the minimum gas
temperature upstream of the catalyst bed and the minimum gas temperature
difference across the catalyst bed as site-specific operating
parameters. These minimum temperatures shall be the operating parameter
values that demonstrate compliance with Secs. 63.745(d) and 63.747(d).
    (c) Dry particulate filter, HEPA filter, and waterwash systems--
primer and topcoat application operations. (1) Each owner or operator
using a dry particulate filter system to meet the requirements of
Sec. 63.745(g)(2) shall, while primer or topcoat application operations
are occurring, continuously monitor the pressure drop across the system
and read and record the pressure drop once per shift following the
recordkeeping requirements of Sec. 63.752(d).
    (2) Each owner or operator using a conventional waterwash system to
meet the requirements of Sec. 63.745(g)(2) shall, while primer or
topcoat application operations are occurring, continuously monitor the
water flow rate through the system and read and record the water flow
rate once per shift following the recordkeeping requirements of
Sec. 63.752(d). Each owner or operator using a pumpless waterwash system
to meet the requirements of Sec. 63.745(g)(2) shall, while primer and
topcoat application operations are occurring, measure and record the
parameter(s) recommended by the booth manufacturer that indicate booth
performance once per shift, following the recordkeeping requirements of
Sec. 63.752(d).
    (d) Particulate filters and waterwash booths--depainting operations.
Each owner or operator using a dry particulate filter or a conventional
waterwash system in accordance with the requirements of
Sec. 63.746(b)(4) shall, while depainting operations are occurring,
continuously monitor the pressure drop across the particulate filters or
the water flow rate through the conventional waterwash system and read
and record the pressure drop or the water flow rate once per shift
following the recordkeeping requirements of Sec. 63.752(e). Each owner
or operator using a pumpless waterwash system to meet the requirements
of Sec. 63.746(b)(4) shall, while depainting operations are

[[Page 219]]

occurring, measure and record the parameter(s) recommended by the booth
manufacturer that indicate booth performance once per shift, following
the recordkeeping requirements of Sec. 63.752(e).
    (e) Use of an alternative monitoring method--(1) General. Until
permission to use an alternative monitoring method has been granted by
the Administrator under this paragraph, the owner or operator of an
affected source shall remain subject to the requirements of this
section.
    (2) After receipt and consideration of written application, the
Administrator may approve alternatives to any monitoring methods or
procedures of this section including, but not limited to, the following:
    (i) Alternative monitoring requirements when the affected source is
infrequently operated; or
    (ii) Alternative locations for installing continuous monitoring
systems when the owner or operator can demonstrate that installation at
alternate locations will enable accurate and representative
measurements; or
    (iii) Alternatives to the American Society for Testing and Materials
(ASTM) test methods or sampling procedures specified in this section.
    (3) If the Administrator finds reasonable grounds to dispute the
results obtained by an alternative monitoring method, requirement, or
procedure, the Administrator may require the use of a method,
requirement, or procedure specified in this section. If the results of
the specified and the alternative method, requirement, or procedure do
not agree, the results obtained by the specified method, requirement, or
procedure shall prevail.
    (4)(i) Request to use alternative monitoring method. An owner or
operator who wishes to use an alternative monitoring method shall submit
an application to the Administrator as described in paragraph (e)(4)(ii)
of this section. The application may be submitted at any time provided
that the monitoring method is not used to demonstrate compliance with a
relevant standard or other requirement. If the alternative monitoring
method is to be used to demonstrate compliance with a relevant standard,
the application shall be submitted not later than with the site-specific
test plan required in Sec. 63.7(c) (if requested) or with the site-
specific performance evaluation plan (if requested), or at least 60 days
before the performance evaluation is scheduled to begin.
    (ii) The application shall contain a description of the proposed
alternative monitoring system and information justifying the owner's or
operator's request for an alternative monitoring method, such as the
technical or economic infeasibility, or the impracticality, of the
affected source using the required method.
    (iii) The owner or operator may submit the information required in
this paragraph well in advance of the submittal dates specified in
paragraph (e)(4)(i) of this section to ensure a timely review by the
Administrator in order to meet the compliance demonstration date
specified in this subpart.
    (5) Approval of request to use alternative monitoring method. (i)
The Administrator will notify the owner or operator of his/her intention
to deny approval of the request to use an alternative monitoring method
within 60 calendar days after receipt of the original request and within
60 calendar days after receipt of any supplementary information that is
submitted. If notification of intent to deny approval is not received
within 60 calendar days, the alternative monitoring method is to be
considered approved. Before disapproving any request to use an
alternative monitoring method, the Administrator will notify the
applicant of the Administrator's intent to disapprove the request
together with:
    (A) Notice of the information and findings on which the intended
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present
additional information to the Administrator before final action on the
request. At the time the Administrator notifies the applicant of his or
her intention to disapprove the request, the Administrator will specify
how much time the owner or operator will have after being notified of
the intended disapproval to submit the additional information.

[[Page 220]]

    (ii) If the Administrator approves the use of an alternative
monitoring method for an affected source under paragraph (e)(5)(i) of
this section, the owner or operator of such source shall continue to use
the alternative monitoring method until approval is received from the
Administrator to use another monitoring method as allowed by paragraph
(e) of this section.
    (f) Reduction of monitoring data. (1) The data may be recorded in
reduced or nonreduced form (e.g., parts per million (ppm) pollutant and
% O2 or nanograms per Joule (ng/J) of pollutant).
    (2) All emission data shall be converted into units specified in
this subpart for reporting purposes. After conversion into units
specified in this subpart, the data may be rounded to the same number of
significant digits as used in this subpart to specify the emission limit
(e.g., rounded to the nearest 1% overall reduction efficiency).

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15023, Mar. 27, 1998;
63 FR 46534, Sept. 1, 1998; 65 FR 76945, Dec. 8, 2000]



Sec. 63.752  Recordkeeping requirements.

    (a) General. Each owner or operator of a source subject to this
subpart shall fulfill all recordkeeping requirements specified in
Sec. 63.10 (a), (b), (d), and (f).
    (b) Cleaning operation. Each owner or operator of a new or existing
cleaning operation subject to this subpart shall record the information
specified in paragraphs (b)(1) through (b)(5) of this section, as
appropriate.
    (1) The name, vapor pressure, and documentation showing the organic
HAP constituents of each cleaning solvent used for affected cleaning
operations at the facility.
    (2) For each cleaning solvent used in hand-wipe cleaning operations
that complies with the composition requirements specified in
Sec. 63.744(b)(1) or for semi-aqueous cleaning solvents used for flush
cleaning operations:
    (i) The name of each cleaning solvent used;
    (ii) All data and calculations that demonstrate that the cleaning
solvent complies with one of the composition requirements; and
    (iii) Annual records of the volume of each solvent used, as
determined from facility purchase records or usage records.
    (3) For each cleaning solvent used in hand-wipe cleaning operations
that does not comply with the composition requirements in
Sec. 63.744(b)(1), but does comply with the vapor pressure requirement
in Sec. 63.744(b)(2):
    (i) The name of each cleaning solvent used;
    (ii) The composite vapor pressure of each cleaning solvent used;
    (iii) All vapor pressure test results, if appropriate, data, and
calculations used to determine the composite vapor pressure of each
cleaning solvent; and
    (iv) The amount (in gallons) of each cleaning solvent used each
month at each operation.
    (4) For each cleaning solvent used for the exempt hand-wipe cleaning
operations specified in Sec. 63.744(e) that does not conform to the
vapor pressure or composition requirements of Sec. 63.744(b):
    (i) The identity and amount (in gallons) of each cleaning solvent
used each month at each operation; and
    (ii) A list of the processes set forth in Sec. 63.744(e) to which
the cleaning operation applies.
    (5) A record of all leaks from enclosed spray gun cleaners
identified pursuant to Sec. 63.751(a) that includes for each leak found:
    (i) Source identification;
    (ii) Date leak was discovered; and
    (iii) Date leak was repaired.
    (c) Primer and topcoat application operations--organic HAP and VOC.
Each owner or operator required to comply with the organic HAP and VOC
content limits specified in Sec. 63.745(c) shall record the information
specified in paragraphs (c)(1) through (c)(6) of this section, as
appropriate.
    (1) The name and VOC content as received and as applied of each
primer and topcoat used at the facility.
    (2) For uncontrolled primers and topcoats that meet the organic HAP
and VOC content limits in Sec. 63.745(c)(1) through (c)(4) without
averaging:
    (i) The mass of organic HAP emitted per unit volume of coating as
applied (less water) (Hi) and the mass of VOC emitted per
unit volume of coating as

[[Page 221]]

applied (less water and exempt solvents) (Gi) for each
coating formulation within each coating category used each month (as
calculated using the procedures specified in Sec. 63.750(c) and (e));
    (ii) All data, calculations, and test results (including EPA Method
24 results) used in determining the values of Hi and
Gi; and
    (iii) The volume (gal) of each coating formulation within each
coating category used each month.
    (3) For ``low HAP content'' uncontrolled primers with organic HAP
content less than or equal to 250 g/l (2.1 lb/gal) less water as applied
and VOC content less than or equal to 250 g/l (2.1 lb/gal) less water
and exempt solvents as applied:
    (i) Annual purchase records of the total volume of each primer
purchased; and
    (ii) All data, calculations, and test results (including EPA Method
24 results) used in determining the organic HAP and VOC content as
applied. These records shall consist of the manufacturer's certification
when the primer is applied as received, or the data and calculations
used to determine Hi if not applied as received.
    (4) For primers and topcoats complying with the organic HAP or VOC
content level by averaging:
    (i) The monthly volume-weighted average masses of organic HAP
emitted per unit volume of coating as applied (less water)
(Ha) and of VOC emitted per unit volume of coating as applied
(less water and exempt solvents) (Ga) for all coatings (as
determined by the procedures specified in Sec. 63.750(d) and (f)); and
    (ii) All data, calculations, and test results (including EPA Method
24 results) used to determine the values of Ha and
Ga.
    (5) For primers and topcoats that are controlled by a control device
other than a carbon adsorber:
    (i) The overall control efficiency of the control system (as
determined using the procedures specified in Sec. 63.750(h)) and all
test results, data, and calculations used in determining the overall
control efficiency;
    (ii) If an incinerator other than a catalytic incinerator is used,
continuous records of the firebox temperature recorded under
Sec. 63.751(b)(9) and all calculated 3-hour averages of the firebox
temperature; and
    (iii) If a catalytic incinerator is used, continuous records of the
temperature recorded under Sec. 63.751(b)(10) and all calculated 3-hour
averages of the recorded temperatures.
    (6) For primer and topcoats that are controlled by a carbon
adsorber:
    (i) The overall control efficiency of the control system (as
determined using the procedures specified in Sec. 63.750(g)) and all
test results, data, and calculations used in determining the overall
control efficiency. The length of the rolling material balance period
and all data and calculations used for determining this rolling period.
The record of the certification of the accuracy of the device that
measures the amount of HAP or VOC recovered; or
    (ii) For nonregenerative carbon adsorbers, the overall control
efficiency of the control system (as determined using the procedures
specified in Sec. 63.750(g)) and all test results, data, and
calculations used in determining the overall control efficiency. The
record of the carbon replacement time established as the site-specific
operating parameter to demonstrate compliance.
    (d) Primer and topcoat application operations--inorganic HAP
emissions. (1) Each owner or operator complying with Sec. 63.745(g) for
the control of inorganic HAP emissions from primer and topcoat
application operations through the use of a dry particulate filter
system or a HEPA filter system shall record the pressure drop across the
operating system once each shift during which coating operations occur.
    (2) Each owner or operator complying with Sec. 63.745(g) through the
use of a conventional waterwash system shall record the water flow rate
through the operating system once each shift during which coating
operations occur. Each owner or operator complying with Sec. 63.745(g)
through the use of a pumpless waterwash system shall record the
parameter(s) recommended by the booth manufacturer that indicate the
performance of the booth once each shift during which coating operations
occur.

[[Page 222]]

    (3) This log shall include the acceptable limit(s) of pressure drop,
water flow rate, or for the pumpless waterwash booth, the booth
manufacturer recommended parameter(s) that indicate the booth
performance, as applicable, as specified by the filter or booth
manufacturer or in locally prepared operating procedures.
    (e) Depainting operations. Each owner or operator subject to the
depainting standards specified in Sec. 63.746 shall record the
information specified in paragraphs (e)(1) through (e)(7) of this
section, as appropriate.
    (1) General. For all chemical strippers used in the depainting
operation:
    (i) The name of each chemical stripper; and
    (ii) Monthly volumes of each organic HAP containing chemical
stripper used or monthly weight of organic HAP-material used for spot
stripping and decal removal.
    (2) For HAP-containing chemical strippers that are controlled by a
carbon adsorber:
    (i) The overall control efficiency of the control system (as
determined using the procedures specified in Sec. 63.750(g)) and all
test results, data, and calculations used in determining the overall
control efficiency. The length of the rolling material balance period
and all data and calculations used for determining this rolling period.
The record of the certification of the accuracy of the device that
measures the amount of HAP or VOC recovered; or
    (ii) For nonregenerative carbon adsorbers, the overall control
efficiency of the control system (as determined using the procedures
specified in Sec. 63.750(g)) and all test results, data, and
calculations used in determining the overall control efficiency. The
record of the carbon replacement time established as the site-specific
operating parameter to demonstrate compliance.
    (3) For HAP-containing chemical strippers that are controlled by a
control device other than a carbon adsorber:
    (i) The overall control efficiency of the control system (as
determined using the procedures specified in Sec. 63.750(h)) and all
test results, data, and calculations used in determining the overall
control efficiency;
    (ii) [Reserved]
    (4) For each type of aircraft depainted at the facility, a listing
of the parts, subassemblies, and assemblies normally removed from the
aircraft before depainting. Prototype, test model or aircraft that exist
in low numbers (i.e., less than 25 aircraft of any one type) are exempt
from this requirement.
    (5) Non-chemical based equipment. If dry media blasting equipment is
used to comply with the organic HAP emission limit specified in
Sec. 63.746(b)(1):
    (i) The names and types of non-chemical based equipment; and
    (ii) For periods of malfunction,
    (A) The non-chemical method or technique that malfunctioned;
    (B) The date that the malfunction occurred;
    (C) A description of the malfunction;
    (D) The methods used to depaint aerospace vehicles during the
malfunction period;
    (E) The dates that these methods were begun and discontinued; and
    (F) The date that the malfunction was corrected.
    (6) Spot stripping and decal removal. For spot stripping and decal
removal, the volume of organic HAP-containing chemical stripper or
weight of organic HAP used, the annual average volume of organic HAP-
containing chemical stripper or weight of organic HAP used per aircraft,
the annual number of aircraft stripped, and all data and calculations
used.
    (7) Inorganic HAP emissions. Each owner or operator shall record the
actual pressure drop across the particulate filters or the visual
continuity of the water curtain and water flow rate for conventional
waterwash systems once each shift in which the depainting process is in
operation. For pumpless waterwash systems, the owner or operator shall
record the parameter(s) recommended by the booth manufacturer that
indicate the performance of the booth once per shift in which the
depainting process is in operation. This log shall include the
acceptable limit(s) of the pressure drop as specified by the filter
manufacturer, the visual continuity of the water curtain and

[[Page 223]]

the water flow rate for conventional waterwash systems, or the
recommended parameter(s) that indicate the booth performance for
pumpless systems as specified by the booth manufacturer or in locally
prepared operating procedures.
    (f) Chemical milling maskant application operations. Each owner or
operator seeking to comply with the organic HAP and VOC content limits
for the chemical milling maskant application operation, as specified in
Sec. 63.747(c), or the control system requirements specified in
Sec. 63.747(d), shall record the information specified in paragraphs
(f)(1) through (f)(4) of this section, as appropriate.
    (1) For uncontrolled chemical milling maskants that meet the organic
HAP or VOC content limit without averaging:
    (i) The mass of organic HAP emitted per unit volume of chemical
milling maskant as applied (less water) (Hi) and the mass of
VOC emitted per unit volume of chemical milling maskant as applied (less
water and exempt solvents) (Gi) for each chemical milling
maskant formulation used each month (as determined by the procedures
specified in Sec. 63.750 (k) and (m));
    (ii) All data, calculations, and test results (including EPA Method
24 results) used in determining the values of Hi and
Gi; and
    (iii) The volume (gal) of each chemical milling maskant formulation
used each month.
    (2) For chemical milling maskants complying with the organic HAP or
VOC content level by averaging:
    (i) The monthly volume-weighted average masses of organic HAP
emitted per unit volume of chemical milling maskant as applied (less
water) (Ha) and of VOC emitted per unit volume of chemical
milling maskant as applied (less water and exempt solvents)
(Ga) for all chemical milling maskants (as determined by the
procedures specified in Sec. 63.750 (l) and (n)); and
    (ii) All data, calculations, and test results (including EPA Method
24 results) used to determine the values of Ha and
Ga.
    (3) For chemical milling maskants that are controlled by a carbon
adsorber:
    (i) The overall control efficiency of the control system (as
determined using the procedures specified in Sec. 63.750(g)) and all
test results, data, and calculations used in determining the overall
control efficiency. The length of the rolling material balance period
and all data and calculations used for determining this rolling period.
The record of the certification of the accuracy of the device that
measures the amount of HAP or VOC recovered; or
    (ii) For nonregenerative carbon adsorbers, the overall control
efficiency of the control system (as determined using the procedures
specified in Sec. 63.750(g)) and all test results, data, and
calculations used in determining the overall control efficiency. The
record of the carbon replacement time established as the site-specific
operating parameter to demonstrate compliance.
    (4) For chemical milling maskants that are controlled by a control
device other than a carbon adsorber:
    (i) The overall control efficiency of the control system (as
determined using the procedures specified in Sec. 63.750(h)) and all
test results, data, and calculations used in determining the overall
control efficiency;
    (ii) If an incinerator other than a catalytic incinerator is used,
continuous records of the firebox temperature recorded under
Sec. 63.751(b)(9) and all calculated 3-hour averages of the firebox
temperature; and
    (iii) If a catalytic incinerator is used, continuous records of the
temperature recorded under Sec. 63.751(b)(10) and all calculated 3-hour
averages of the recorded temperatures.

[60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15023, Mar. 27, 1998;
63 FR 46534, Sept. 1, 1998]



Sec. 63.753  Reporting requirements.

    (a)(1) Except as provided in paragraphs (a)(2) and (a)(3) of this
section, each owner or operator subject to this subpart shall fulfill
the requirements contained in Sec. 63.9(a) through (e) and (h) through
(j), Notification requirements, and Sec. 63.10(a), (b), (d), and (f),
Recordkeeping and reporting requirements, of the General Provisions, 40
CFR part 63, subpart A, and that the

[[Page 224]]

initial notification for existing sources required in Sec. 63.9(b)(2)
shall be submitted not later than September 1, 1997. In addition to the
requirements of Sec. 63.9(h), the notification of compliance status
shall include:
    (i) Information detailing whether the source has operated within the
specified ranges of its designated operating parameters.
    (ii) For each coating line, where averaging will be used along with
the types of quantities of coatings the facility expects to use in the
first year of operation. Averaging scheme shall be approved by the
Administrator or delegated State authority and shall be included as part
of the facility's title V or part 70 permit.
    (2) The initial notification for existing sources, required in
Sec. 63.9(b)(2) shall be submitted no later than September 1, 1997. For
the purposes of this subpart, a title V or part 70 permit application
may be used in lieu of the initial notification required under
Sec. 63.9(b)(2), provided the same information is contained in the
permit application as required by Sec. 63.9(b)(2), and the State to
which the permit application has been submitted has an approved
operating permit program under part 70 of this chapter and has received
delegation of authority from the EPA. Permit applications shall be
submitted by the same due dates as those specified for the initial
notifications.
    (3) For the purposes of this subpart, the Administrator will notify
the owner or operator in writing of approval or disapproval of the
request for an adjustment to a particular time period or postmark
deadline submitted under Sec. 63.9(i) within 30 calendar days of
receiving sufficient information to evaluate the request, rather than 15
calendar days as provided for in Sec. 63.9(i)(3).
    (b) Cleaning operation. Each owner or operator of a cleaning
operation subject to this subpart shall submit the following
information:
    (1) Semiannual reports occurring every 6 months from the date of the
notification of compliance status that identify:
    (i) Any instance where a noncompliant cleaning solvent is used for a
non-exempt hand-wipe cleaning operation;
    (ii) A list of any new cleaning solvents used for hand-wipe cleaning
in the previous 6 months and, as appropriate, their composite vapor
pressure or notification that they comply with the composition
requirements specified in Sec. 63.744(b)(1);
    (iii) Any instance where a noncompliant spray gun cleaning method is
used;
    (iv) Any instance where a leaking enclosed spray gun cleaner remains
unrepaired and in use for more than 15 days; and
    (v) If the operations have been in compliance for the semiannual
period, a statement that the cleaning operations have been in compliance
with the applicable standards. Sources shall also submit a statement of
compliance signed by a responsible company official certifying that the
facility is in compliance with all applicable requirements.
    (c) Primer and topcoat application operations. Each owner or
operator of a primer or topcoat application operation subject to this
subpart shall submit the following information:
    (1) Semiannual reports occurring every 6 months from the date of the
notification of compliance status that identify:
    (i) For primers and topcoats where compliance is not being achieved
through the use of averaging or a control device, each value of
Hi and Gi, as recorded under Sec. 63.752(c)(2)(i),
that exceeds the applicable organic HAP or VOC content limit specified
in Sec. 63.745(c);
    (ii) For primers and topcoats where compliance is being achieved
through the use of averaging, each value of Ha and
Ga, as recorded under Sec. 63.752(c)(4)(i), that exceeds the
applicable organic HAP or VOC content limit specified in Sec. 63.745(c);
    (iii) If incinerators are used to comply with the standards, all
periods when the 3-hour average combustion temperature(s) is (are) less
than the average combustion temperature(s) established under
Sec. 63.751(b) (11) or (12) during the most recent performance test
during which compliance was demonstrated;
    (iv) If a carbon adsorber is used;
    (A) each rolling period when the overall control efficiency of the
control

[[Page 225]]

system is calculated to be less than 81%, the initial material balance
calculation, and any exceedances as demonstrated through the
calculation; or,
    (B) for nonregenerative carbon adsorbers, submit the design
evaluation, the continuous monitoring system performance report, and any
excess emissions as demonstrated through deviations of monitored values.
    (v) For control devices other than an incinerator or carbon
adsorber, each exceedance of the operating parameter(s) established for
the control device under the initial performance test during which
compliance was demonstrated;
    (vi) All times when a primer or topcoat application operation was
not immediately shut down when the pressure drop across a dry
particulate filter or HEPA filter system, the water flow rate through a
conventional waterwash system, or the recommended parameter(s) that
indicate the booth performance for pumpless systems, as appropriate, was
outside the limit(s) specified by the filter or booth manufacturer or in
locally prepared operating procedures;
    (vii) If the operations have been in compliance for the semiannual
period, a statement that the operations have been in compliance with the
applicable standards; and,
    (2) Annual reports beginning 12 months after the date of the
notification of compliance status listing the number of times the
pressure drop or water flow rate for each dry filter or waterwash
system, as applicable, was outside the limit(s) specified by the filter
or booth manufacturer or in locally prepared operating procedures.
    (d) Depainting operation. Each owner or operator of a depainting
operation subject to this subpart shall submit the following
information:
    (1) Semiannual reports occurring every 6 months from the date of the
notification of compliance status that identify:
    (i) Any 24-hour period where organic HAP were emitted from the
depainting of aerospace vehicles, other than from the exempt operations
listed in Sec. 63.746 (a), (b)(3), and (b)(5).
    (ii) Any new chemical strippers used at the facility during the
reporting period;
    (iii) The organic HAP content of these new chemical strippers;
    (iv) For each chemical stripper that undergoes reformulation, its
organic HAP content;
    (v) Any new non-chemical depainting technique in use at the facility
since the notification of compliance status or any subsequent semiannual
report was filed;
    (vi) For periods of malfunctions:
    (A) The non-chemical method or technique that malfunctioned;
    (B) The date that the malfunction occurred;
    (C) A description of the malfunction;
    (D) The methods used to depaint aerospace vehicles during the
malfunction period;
    (E) The dates that these methods were begun and discontinued; and
    (F) The date that the malfunction was corrected;
    (vii) All periods where a nonchemical depainting operation subject
to Sec. 63.746(b)(2) and (b)(4) for the control of inorganic HAP
emissions was not immediately shut down when the pressure drop, water
flow rate, or recommended booth parameter(s) was outside the limit(s)
specified by the filter or booth manufacturer or in locally prepared
operational procedures;
    (viii) A list of new and discontinued aircraft models depainted at
the facility over the last 6 months and a list of the parts normally
removed for depainting for each new aircraft model being depainted; and
    (ix) If the depainting operation has been in compliance for the
semiannual period, a statement signed by a responsible company official
that the operation was in compliance with the applicable standards.
    (2) Annual reports occurring every 12 months from the date of the
notification of compliance status that identify:
    (i) The average volume per aircraft of organic HAP-containing
chemical strippers or weight of organic HAP used for spot stripping and
decal removal operations if it exceeds the limits specified in
Sec. 63.746(b)(3); and
    (ii) The number of times the pressure drop limit(s) for each filter
system or

[[Page 226]]

the number of times the water flow rate limit(s) for each waterwash
system were outside the limit(s) specified by the filter or booth
manufacturer or in locally prepared operating procedures.
    (3) Where a control device is used to control organic HAP emissions,
semiannual reports that identify:
    (i) If a carbon adsorber is used,
    (A) each rolling period when the overall control efficiency of the
control system is calculated to be less than 81% for existing systems or
less than 95% for new systems, the initial material balance calculation,
and any exceedances as demonstrated through the calculation; or,
    (B) for nonregenerative carbon adsorbers, submit the design
evaluation, the continuous monitoring system performance report, and any
excess emissions as demonstrated through deviations of monitored values.
    (ii) For control devices other than a carbon adsorber, each
exceedance of the operating parameter(s) established for the control
device under the initial performance test during which compliance was
demonstrated;
    (iii) Descriptions of any control devices currently in use that were
not listed in the notification of compliance status or any subsequent
report.
    (e) Chemical milling maskant application operation. Each owner or
operator of a chemical milling maskant application operation subject to
this subpart shall submit semiannual reports occurring every 6 months
from the date of the notification of compliance status that identify:
    (1) For chemical milling maskants where compliance is not being
achieved through the use of averaging or a control device, each value of
Hi and Gi, as recorded under Sec. 63.752(f)(1)(i),
that exceeds the applicable organic HAP or VOC content limit specified
in Sec. 63.747(c);
    (2) For chemical milling maskants where compliance is being achieved
through the use of averaging, each value of Ha and
Ga, as recorded under Sec. 63.752(f)(2)(i), that exceeds the
applicable organic HAP or VOC content limit specified in Sec. 63.747(c);
    (3) Where a control device is used,
    (i) If incinerators are used to comply with the standards, all
periods when the 3-hour average combustion temperature(s) is (are) less
than the average combustion temperature(s) established under
Sec. 63.751(b) (11) or (12) during the most recent performance test
during which compliance was demonstrated;
    (ii) If a carbon adsorber is used,
    (A) Each rolling period when the overall control efficiency of the
control system is calculated to be less than 81%, the initial material
balance calculation, and any exceedances as demonstrated through the
calculation; or,
    (B) For nonregenerative carbon adsorbers, submit the design
evaluation, the continuous monitoring system performance report, and any
excess emissions as demonstrated through deviations of monitored values.
    (iii) For control devices other than an incinerator or carbon
adsorber, each exceedance of the operating parameter(s) established for
the control device under the initial performance test during which
compliance was demonstrated;
    (4) All chemical milling maskants currently in use that were not
listed in the notification of compliance status or any other subsequent
semiannual report;
    (5) Descriptions of any control devices currently in use that were
not listed in the notification of compliance status or any subsequent
report; and
    (6) If the operations have been in compliance for the semiannual
period, a statement that the chemical milling maskant application
operation has been in compliance with the applicable standards.

[60 FR 45956, Sept. 1, 1996; 61 FR 4903, Feb. 9, 1996, as amended at 61
FR 66227, Dec. 17, 1996; 63 FR 15023, Mar. 27, 1998; 63 FR 46535, Sept.
1, 1998]



Secs. 63.754-63.758  [Reserved]



Sec. 63.759  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated

[[Page 227]]

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 Secs. 63.741,
63.743, 63.744(a)(3), (b) through (e), 63.745 through 63.748, and
63.649(a).
    (2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.

[68 FR 37352, June 23, 2003]



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

----------------------------------------------------------------------------------------------------------------
              Reference                 Applies to affected sources in subpart GG             Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)...........................  Yes
63.1(a)(2)...........................  Yes
63.1(a)(3)...........................  Yes
63.1(a)(4)...........................  Yes
63.1(a)(5)...........................  No........................................  Reserved.
63.1(a)(6)...........................  Yes
63.1(a)(7)...........................  Yes
63.1(a)(8)...........................  Yes
63.1(a)(9)...........................  No........................................  Reserved.
63.1(a)(10)..........................  Yes
63.1(a)(11)..........................  Yes
63.1(a)(12)..........................  Yes
63.1(a)(13)..........................  Yes
63.1(a)(14)..........................  Yes
63.1(b)(1)...........................  Yes
63.1(b)(2)...........................  Yes
63.1(b)(3)...........................  Yes
63.1(c)(1)...........................  Yes
63.1(c)(2)...........................  Yes.......................................  Subpart GG does not apply to
                                                                                    area sources.
63.1(c)(3)...........................  No........................................  Reserved.
63.1(c)(4)...........................  Yes
63.1(c)(5)...........................  Yes
63.1(d)..............................  No........................................  Reserved.
63.1(e)..............................  Yes
63.2.................................  Yes
63.3.................................  Yes
63.4(a)(1)...........................  Yes
63.4(a)(2)...........................  Yes
63.4(a)(3)...........................  Yes
63.4(a)(4)...........................  No........................................  Reserved.
63.4(a)(5)...........................  Yes
63.4(b)..............................  Yes
63.4(c)..............................  Yes
63.5(a)..............................  Yes
63.5(b)(1)...........................  Yes
63.5(b)(2)...........................  No........................................  Reserved.
63.5(b)(3)...........................  Yes
63.5(b)(4)...........................  Yes
63.5(b)(5)...........................  Yes
63.5(b)(6)...........................  Yes
63.5(c)..............................  No........................................  Reserved.

[[Page 228]]


63.5(d)(1)(i)........................  Yes
63.5(d)(1)(ii)(A)-(H)................  Yes
63.5(d)(1)(ii)(I)....................  No........................................  Reserved.
63.5(d)(1)(ii)(J)....................  Yes
63.5(d)(1)(iii)......................  Yes
63.5(d)(2)-(4).......................  Yes
63.5(e)..............................  Yes
63.5(f)..............................  Yes
63.6(a)..............................  Yes
63.6(b)(1)-(5).......................  Yes.......................................  Sec. 63.749(a) specifies
                                                                                    compliance dates for new
                                                                                    sources.
63.6(b)(6)...........................  No........................................  Reserved.
63.6(b)(7)...........................  Yes
63.6(c)(1)...........................  Yes
63.6(c)(2)...........................  No........................................  The standards in subpart GG
                                                                                    are promulgated under
                                                                                    section 112(d) of the Act.
63.6(c)(3)-(4).......................  No........................................  Reserved.
63.6(c)(5)...........................  Yes
63.6(d)..............................  No........................................  Reserved.
63.6(e)..............................  Yes.......................................  63.743(b) includes additional
                                                                                    provisions for the operation
                                                                                    and maintenance plan.
63.6(f)..............................  Yes
63.6(g)..............................  Yes
63.6(h)..............................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.6(i)(1)-(3).......................  Yes
63.6(i)(4)(i)(A).....................  Yes
63.6(i)(4)(i)(B).....................  No........................................  Sec. 63.743(a)(4) specifies
                                                                                    that requests for extension
                                                                                    of compliance must be
                                                                                    submitted no later than 120
                                                                                    days before an affected
                                                                                    source's compliance date.
63.6(i)(4)(ii).......................  No........................................  The standards in subpart GG
                                                                                    are promulgated under
                                                                                    section 112(d) of the Act.
63.6(i)(5)-(12)......................  Yes
63.6(i)(13)..........................  Yes
63.6(i)(14)..........................  Yes
63.6(i)(15)..........................  No........................................  Reserved.
63.6(i)(16)..........................  Yes
63.6(j)..............................  Yes
63.7(a)(1)...........................  Yes
63.7(a)(2)(i)-(vi)...................  Yes
63.7(a)(2)(vii)-(viii)...............  No........................................  Reserved.
63.7(a)(2)(ix).......................  Yes
63.7(a)(3)...........................  Yes
63.7(b)..............................  Yes
63.7(c)..............................  Yes
63.7(d)..............................  Yes
63.7(e)..............................  Yes
63.7(f)..............................  Yes
63.7(g)(1)...........................  Yes
63.7(g)(2)...........................  No........................................  Reserved.
63.7(g)(3)...........................  Yes
63.7(h)..............................  Yes
63.8(a)(1)-(2).......................  Yes
63.8(a)(3)...........................  No........................................  Reserved.
63.8(a)(4)...........................  Yes
63.8(b)..............................  Yes
63.8(c)..............................  Yes
63.8(d)..............................  No
63.8(e)(1)-(4).......................  Yes
63.8(e)(5)(i)........................  Yes
63.8(e)(5)(ii).......................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.8(f)(1)...........................  Yes
63.8(f)(2)(i)-(vii)..................  Yes
63.8(f)(2)(viii).....................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.8(f)(2)(ix).......................  Yes
63.8(f)(3)-(6).......................  Yes
63.8(g)..............................  Yes
63.9(a)..............................  Yes
63.9(b)(1)...........................  Yes

[[Page 229]]


63.9(b)(2)...........................  Yes.......................................  Sec. 63.753(a)(1) requires
                                                                                    submittal of the initial
                                                                                    notification at least 1 year
                                                                                    prior to the compliance
                                                                                    date; Sec. 63.753(a)(2)
                                                                                    allows a title V or part 70
                                                                                    permit application to be
                                                                                    substituted for the initial
                                                                                    notification in certain
                                                                                    circumstances.
63.9(b)(3)...........................  Yes
63.9(b)(4)...........................  Yes
63.9(b)(5)...........................  Yes
63.9(c)..............................  Yes
63.9(d)..............................  Yes
63.9(e)..............................  Yes
63.9(f)..............................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.9(g)(1)...........................  No
63.9(g)(2)...........................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.9(g)(3)...........................  No
63.9(h)(1)-(3).......................  Yes.......................................  Sec. 63.753(a)(1) also
                                                                                    specifies additional
                                                                                    information to be included
                                                                                    in the notification of
                                                                                    compliance status.
63.9(h)(4)...........................  No........................................  Reserved.
63.9(h)(5)-(6).......................  Yes
63.9(i)..............................  Yes
63.9(j)..............................  Yes
63.10(a).............................  Yes
63.10(b).............................  Yes
63.10(c)(1)..........................  No
63.10(c)(2)-(4)......................  No........................................  Reserved.
63.10(c)(5)-(8)......................  No
63.10(c)(9)..........................  No........................................  Reserved.
63.10(c)(10)-(13)....................  No
63.10(c)(14).........................  No........................................  Sec. 63.8(d) does not apply
                                                                                    to this subpart.
63.10(c)(15).........................  No
63.10(d)(1)-(2)......................  Yes
63.10(d)(3)..........................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.10(d)(4)..........................  Yes
63.10(d)(5)..........................  Yes
63.(10)(e)(1)........................  No
63.10(e)(2)(i).......................  No
63.10(e)(2)(ii)......................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.10(e)(3)..........................  No
63.10(e)(4)..........................  No........................................  The standards in subpart GG
                                                                                    do not include opacity
                                                                                    standards.
63.10(f).............................  Yes
63.11................................  Yes
63.12................................  Yes
63.13................................  Yes
63.14................................  Yes
63.15................................  Yes
----------------------------------------------------------------------------------------------------------------


[63 FR 15024, Mar. 27, 1998]



 Sec. Appendix A to Subpart GG of Part 63--Specialty Coating Definitions

    Ablative coating--A coating that chars when exposed to open flame or
extreme temperatures, as would occur during the failure of an engine
casing or during aerodynamic heating. The ablative char surface serves
as an insulative barrier, protecting adjacent components from the heat
or open flame.
    Adhesion promoter--A very thin coating applied to a substrate to
promote wetting and form a chemical bond with the subsequently applied
material.
    Adhesive bonding primer--A primer applied in a thin film to
aerospace components for the purpose of corrosion inhibition and
increased adhesive bond strength by attachment. There are two categories
of adhesive bonding primers: primers with a design cure at 250  deg.F or
below and primers with a design cure above 250  deg.F.

[[Page 230]]

    Aerosol coating--A hand-held, pressurized, nonrefillable container
that expels an adhesive or a coating in a finely divided spray when a
valve on the container is depressed.
    Antichafe coating--A coating applied to areas of moving aerospace
components that may rub during normal operations or installation.
    Bearing coating--A coating applied to an antifriction bearing, a
bearing housing, or the area adjacent to such a bearing in order to
facilitate bearing function or to protect base material from excessive
wear. A material shall not be classified as a bearing coating if it can
also be classified as a dry lubricative material or a solid film
lubricant.
    Bonding maskant--A temporary coating used to protect selected areas
of aerospace parts from strong acid or alkaline solutions during
processing for bonding.
    Caulking and smoothing compounds--Semi-solid materials which are
applied by hand application methods and are used to aerodynamically
smooth exterior vehicle surfaces or fill cavities such as bolt hole
accesses. A material shall not be classified as a caulking and smoothing
compound if it can also be classified as a sealant.
    Chemical agent-resistant coating (CARC)--An exterior topcoat
designed to withstand exposure to chemical warfare agents or the
decontaminants used on these agents.
    Clear coating--A transparent coating usually applied over a colored
opaque coating, metallic substrate, or placard to give improved gloss
and protection to the color coat. In some cases, a clearcoat refers to
any transparent coating without regard to substrate.
    Commercial exterior aerodynamic structure primer--A primer used on
aerodynamic components and structures that protrude from the fuselage,
such as wings and attached components, control surfaces, horizontal
stabilizers, vertical fins, wing-to-body fairings, antennae, and landing
gear and doors, for the purpose of extended corrosion protection and
enhanced adhesion.
    Commercial interior adhesive--Materials used in the bonding of
passenger cabin interior components. These components must meet the FAA
fireworthiness requirements.
    Compatible substrate primer--Includes two categories: compatible
epoxy primer and adhesive primer. Compatible epoxy primer is primer that
is compatible with the filled elastomeric coating and is epoxy based.
The compatible substrate primer is an epoxy-polyamide primer used to
promote adhesion of elastomeric coatings such as impact-resistant
coatings. Adhesive primer is a coating that (1) inhibits corrosion and
serves as a primer applied to bare metal surfaces or prior to adhesive
application, or (2) is applied to surfaces that can be expected to
contain fuel. Fuel tank coatings are excluded from this category.
    Corrosion prevention system--A coating system that provides
corrosion protection by displacing water and penetrating mating
surfaces, forming a protective barrier between the metal surface and
moisture. Coatings containing oils or waxes are excluded from this
category.
    Critical use and line sealer maskant--A temporary coating, not
covered under other maskant categories, used to protect selected areas
of aerospace parts from strong acid or alkaline solutions such as those
used in anodizing, plating, chemical milling and processing of
magnesium, titanium, high-strength steel, high-precision aluminum
chemical milling of deep cuts, and aluminum chemical milling of complex
shapes. Materials used for repairs or to bridge gaps left by scribing
operations (i.e. line sealer) are also included in this category.
    Cryogenic flexible primer--A primer designed to provide corrosion
resistance, flexibility, and adhesion of subsequent coating systems when
exposed to loads up to and surpassing the yield point of the substrate
at cryogenic temperatures (-275  deg.F and below).
    Cryoprotective coating--A coating that insulates cryogenic or
subcooled surfaces to limit propellant boil-off, maintain structural
integrity of metallic structures during ascent or re-entry, and prevent
ice formation.
    Cyanoacrylate adhesive--A fast-setting, single component adhesive
that cures at room temperature. Also known as ``super glue.''
    Dry lubricative material--A coating consisting of lauric acid, cetyl
alcohol, waxes, or other non-cross linked or resin-bound materials which
act as a dry lubricant.
    Electric or radiation-effect coating--A coating or coating system
engineered to interact, through absorption or reflection, with specific
regions of the electromagnetic energy spectrum, such as the ultraviolet,
visible, infrared, or microwave regions. Uses include, but are not
limited to, lightning strike protection, electromagnetic pulse (EMP)
protection, and radar avoidance. Coatings that have been designated as
``classified'' by the Department of Defense are exempt.
    Electrostatic discharge and electromagnetic interference (EMI)
coating--A coating applied to space vehicles, missiles, aircraft
radomes, and helicopter blades to disperse static energy or reduce
electromagnetic interference.
    Elevated-temperature Skydrol-resistant commercial primer--A primer
applied primarily to commercial aircraft (or commercial aircraft adapted
for military use) that must withstand immersion in phosphate-ester (PE)
hydraulic fluid (Skydrol 500b or equivalent) at the elevated temperature
of 150  deg.F for 1,000 hours.
    Epoxy polyamide topcoat--A coating used where harder films are
required or in some

[[Page 231]]

areas where engraving is accomplished in camouflage colors.
    Fire-resistant (interior) coating--For civilian aircraft, fire-
resistant interior coatings are used on passenger cabin interior parts
that are subject to the FAA fireworthiness requirements. For military
aircraft, fire-resistant interior coatings are used on parts subject to
the flammability requirements of MIL-STD-1630A and MIL-A-87721. For
space applications, these coatings are used on parts subject to the
flammability requirements of SE-R-0006 and SSP 30233.
    Flexible primer--A primer that meets flexibility requirements such
as those needed for adhesive bond primed fastener heads or on surfaces
expected to contain fuel. The flexible coating is required because it
provides a compatible, flexible substrate over bonded sheet rubber and
rubber-type coatings as well as a flexible bridge between the fasteners,
skin, and skin-to-skin joints on outer aircraft skins. This flexible
bridge allows more topcoat flexibility around fasteners and decreases
the chance of the topcoat cracking around the fasteners. The result is
better corrosion resistance.
    Flight test coating--A coating applied to aircraft other than
missiles or single-use aircraft prior to flight testing to protect the
aircraft from corrosion and to provide required marking during flight
test evaluation.
    Fuel tank adhesive--An adhesive used to bond components exposed to
fuel and that must be compatible with fuel tank coatings.
    Fuel tank coating--A coating applied to fuel tank components to
inhibit corrosion and/or bacterial growth and to assure sealant adhesion
in extreme environmental conditions.
    High temperature coating--A coating designed to withstand
temperatures of more than 350  deg.F.
    Insulation covering--Material that is applied to foam insulation to
protect the insulation from mechanical or environmental damage.
    Intermediate release coating--A thin coating applied beneath
topcoats to assist in removing the topcoat in depainting operations and
generally to allow the use of less hazardous depainting methods.
    Lacquer--A clear or pigmented coating formulated with a
nitrocellulose or synthetic resin to dry by evaporation without a
chemical reaction. Lacquers are resoluble in their original solvent.
    Metalized epoxy coating--A coating that contains relatively large
quantities of metallic pigmentation for appearance and/or added
protection.
    Mold release--A coating applied to a mold surface to prevent the
molded piece from sticking to the mold as it is removed.
    Nonstructural adhesive--An adhesive that bonds nonload bearing
aerospace components in noncritical applications and is not covered in
any other specialty adhesive categories.
    Optical anti-reflection coating--A coating with a low reflectance in
the infrared and visible wavelength ranges, which is used for anti-
reflection on or near optical and laser hardware.
    Part marking coating--Coatings or inks used to make identifying
markings on materials, components, and/or assemblies. These markings may
be either permanent or temporary.
    Pretreatment coating--An organic coating that contains at least 0.5
percent acids by weight and is applied directly to metal or composite
surfaces to provide surface etching, corrosion resistance, adhesion, and
ease of stripping.
    Rain erosion-resistant coating--A coating or coating system used to
protect the leading edges of parts such as flaps, stabilizers, radomes,
engine inlet nacelles, etc. against erosion caused by rain impact during
flight.
    Rocket motor bonding adhesive--An adhesive used in rocket motor
bonding applications.
    Rocket motor nozzle coating--A catalyzed epoxy coating system used
in elevated temperature applications on rocket motor nozzles.
    Rubber-based adhesive--Quick setting contact cements that provide a
strong, yet flexible, bond between two mating surfaces that may be of
dissimilar materials.
    Scale inhibitor--A coating that is applied to the surface of a part
prior to thermal processing to inhibit the formation of scale.
    Screen print ink--Inks used in screen printing processes during
fabrication of decorative laminates and decals.
    Seal coat maskant--An overcoat applied over a maskant to improve
abrasion and chemical resistance during production operations.
    Sealant--A material used to prevent the intrusion of water, fuel,
air, or other liquids or solids from certain areas of aerospace vehicles
or components. There are two categories of sealants: extrudable/
rollable/brushable sealants and sprayable sealants.
    Silicone insulation material--Insulating material applied to
exterior metal surfaces for protection from high temperatures caused by
atmospheric friction or engine exhaust. These materials differ from
ablative coatings in that they are not ``sacrificial.''
    Solid film lubricant--A very thin coating consisting of a binder
system containing as its chief pigment material one or more of the
following: molybdenum, graphite, polytetrafluoroethylene (PTFE), or
other solids that act as a dry lubricant between faying surfaces.
    Specialized function coatings--Coatings that fulfill extremely
specific engineering requirements that are limited in application and
are characterized by low volume usage. This category excludes coatings
covered in other Specialty Coating categories.

[[Page 232]]

    Structural autoclavable adhesive--An adhesive used to bond load-
carrying aerospace components that is cured by heat and pressure in an
autoclave.
    Structural nonautoclavable adhesive--An adhesive cured under ambient
conditions that is used to bond load-carrying aerospace components or
for other critical functions, such as nonstructural bonding in the
proximity of engines.
    Temporary protective coating--A coating applied to provide scratch
or corrosion protection during manufacturing, storage, or
transportation. Two types include peelable protective coatings and
alkaline removable coatings. These materials are not intended to protect
against strong acid or alkaline solutions. Coatings that provide this
type of protection from chemical processing are not included in this
category.
    Thermal control coating--Coatings formulated with specific thermal
conductive or radiative properties to permit temperature control of the
substrate.
    Touch-up and Repair Coating--A coating used to cover minor coating
imperfections appearing after the main coating operation.
    Wet fastener installation coating--A primer or sealant applied by
dipping, brushing, or daubing to fasteners that are installed before the
coating is cured.
    Wing coating--A corrosion-resistant topcoat that is resilient enough
to withstand the flexing of the wings.

[63 FR 15026, Mar. 27, 1998]



Subpart HH_National Emission Standards for Hazardous Air Pollutants From
                Oil and Natural Gas Production Facilities

    Source: 64 FR 32628, June 17, 1999, unless otherwise noted.



Sec. 63.760  Applicability and designation of affected source.

    (a) This subpart applies to the owners and operators of the emission
points, specified in paragraph (b) of this section that are located at
oil and natural gas production facilities that meet the specified
criteria in paragraphs (a)(1) and either (a)(2) or (a)(3) of this
section.
    (1) Facilities that are major or area sources of hazardous air
pollutants (HAP) as defined in Sec. 63.761. Emissions for major source
determination purposes can be estimated using the maximum natural gas or
hydrocarbon liquid throughput, as appropriate, calculated in paragraphs
(a)(1)(i) through (iii) of this section. As an alternative to
calculating the maximum natural gas or hydrocarbon liquid throughput,
the owner or operator of a new or existing source may use the facility's
design maximum natural gas or hydrocarbon liquid throughput to estimate
the maximum potential emissions. Other means to determine the facility's
major source status are allowed, provided the information is documented
and recorded to the Administrator's satisfaction in accordance with
Sec. 63.10(b)(3). A facility that is determined to be an area source,
but subsequently increases its emissions or its potential to emit above
the major source levels, and becomes a major source, must comply
thereafter with all provisions of this subpart applicable to a major
source starting on the applicable compliance date specified in paragraph
(f) of this section. Nothing in this paragraph is intended to preclude a
source from limiting its potential to emit through other appropriate
mechanisms that may be available through the permitting authority.
    (i) If the owner or operator documents, to the Administrator's
satisfaction, a decline in annual natural gas or hydrocarbon liquid
throughput, as appropriate, each year for the 5 years prior to October
15, 2012, the owner or operator shall calculate the maximum natural gas
or hydrocarbon liquid throughput used to determine maximum potential
emissions according to the requirements specified in paragraph
(a)(1)(i)(A) of this section. In all other circumstances, the owner or
operator shall calculate the maximum throughput used to determine
whether a facility is a major source in accordance with the requirements
specified in paragraph (a)(1)(i)(B) of this section.
    (A) The maximum natural gas or hydrocarbon liquid throughput is the
average of the annual natural gas or hydrocarbon liquid throughput for
the 3 years prior to October 15, 2012, multiplied by a factor of 1.2.
    (B) The maximum natural gas or hydrocarbon liquid throughput is the
highest annual natural gas or hydrocarbon liquid throughput over the 5
years prior to October 15, 2012, multiplied by a factor of 1.2.

[[Page 233]]

    (ii) The owner or operator shall maintain records of the annual
facility natural gas or hydrocarbon liquid throughput each year and upon
request submit such records to the Administrator. If the facility annual
natural gas or hydrocarbon liquid throughput increases above the maximum
natural gas or hydrocarbon liquid throughput calculated in paragraph
(a)(1)(i)(A) or (a)(1)(i)(B) of this section, the maximum natural gas or
hydrocarbon liquid throughput must be recalculated using the higher
throughput multiplied by a factor of 1.2.
    (iii) The owner or operator shall determine the maximum values for
other parameters used to calculate emissions as the maximum for the
period over which the maximum natural gas or hydrocarbon liquid
throughput is determined in accordance with paragraph (a)(1)(i)(A) or
(B) of this section. Parameters, other than glycol circulation rate,
shall be based on either highest measured values or annual average. For
estimating maximum potential emissions from glycol dehydration units,
the glycol circulation rate used in the calculation shall be the unit's
maximum rate under its physical and operational design consistent with
the definition of potential to emit in Sec. 63.2.
    (2) Facilities that process, upgrade, or store hydrocarbon liquids.
    (3) Facilities that process, upgrade, or store natural gas prior to
the point at which natural gas enters the natural gas transmission and
storage source category or is delivered to a final end user. For the
purposes of this subpart, natural gas enters the natural gas
transmission and storage source category after the natural gas
processing plant, when present. If no natural gas processing plant is
present, natural gas enters the natural gas transmission and storage
source category after the point of custody transfer.
    (b) The affected sources for major sources are listed in paragraph
(b)(1) of this section and for area sources in paragraph (b)(2) of this
section.
    (1) For major sources, the affected source shall comprise each
emission point located at a facility that meets the criteria specified
in paragraph (a) of this section and listed in paragraphs (b)(1)(i)
through (b)(1)(iv) of this section.
    (i) Each glycol dehydration unit as specified in paragraphs
(b)(1)(i)(A) through (C) of this section.
    (A) Each large glycol dehydration unit;
    (B) Each small glycol dehydration unit for which construction
commenced on or before August 23, 2011, is an existing small glycol
dehydration unit; and
    (C) Each small glycol dehydration unit for which construction
commenced after August 23, 2011, is a new small glycol dehydration unit.
    (ii) Each storage vessel with the potential for flash emissions;
    (iii) The group of all ancillary equipment, except compressors,
intended to operate in volatile hazardous air pollutant service (as
defined in Sec. 63.761), which are located at natural gas processing
plants; and
    (iv) Compressors intended to operate in volatile hazardous air
pollutant service (as defined in Sec. 63.761), which are located at
natural gas processing plants.
    (2) For area sources, the affected source includes each triethylene
glycol (TEG) dehydration unit located at a facility that meets the
criteria specified in paragraph (a) of this section.
    (c) Any source that determines it is not a major source but has
actual emissions of 5 tons per year or more of a single HAP, or 12.5
tons per year or more of a combination of HAP (i.e., 50 percent of the
major source thresholds), shall update its major source determination
within 1 year of the prior determination or October 15, 2012, whichever
is later, and each year thereafter, using gas composition data measured
during the preceding 12 months.
    (d) The owner and operator of a facility that does not contain an
affected source as specified in paragraph (b) of this section are not
subject to the requirements of this subpart.
    (e) Exemptions. The facilities listed in paragraphs (e)(1) and
(e)(2) of this section are exempt from the requirements of this subpart.
Records shall be maintained as required in Sec. 63.10(b)(3).
    (1) A facility that exclusively processes, stores, or transfers
black oil (as

[[Page 234]]

defined in Sec. 63.761) is not subject to the requirements of this
subpart. For the purposes of this subpart, a black oil facility that
uses natural gas for fuel or generates gas from black oil shall qualify
for this exemption.
    (2) A major source facility, prior to the point of custody transfer,
with a facility-wide actual annual average natural gas throughput less
than 18.4 thousand standard cubic meters per day and a facility-wide
actual annual average hydrocarbon liquid throughput less than 39,700
liters per day.
    (f) The owner or operator of an affected major source shall achieve
compliance with the provisions of this subpart by the dates specified in
paragraphs (f)(1), (2), and (f)(7) through (9) of this section. The
owner or operator of an affected area source shall achieve compliance
with the provisions of this subpart by the dates specified in paragraphs
(f)(3) through (6) of this section.
    (1) Except as specified in paragraphs (f)(7) through (9) of this
section, the owner or operator of an affected major source, the
construction or reconstruction of which commenced before February 6,
1998, shall achieve compliance with the applicable provisions of this
subpart no later than June 17, 2002, except as provided for in
Sec. 63.6(i). The owner or operator of an area source, the construction
or reconstruction of which commenced before February 6, 1998, that
increases its emissions of (or its potential to emit) HAP such that the
source becomes a major source that is subject to this subpart shall
comply with this subpart 3 years after becoming a major source.
    (2) Except as specified in paragraphs (f)(7) through (9) of this
section, the owner or operator of an affected major source, the
construction or reconstruction of which commences on or after February
6, 1998, shall achieve compliance with the applicable provisions of this
subpart immediately upon initial startup or June 17, 1999, whichever
date is later. Area sources, other than production field facilities
identified in (f)(9) of this section, the construction or reconstruction
of which commences on or after February 6, 1998, that become major
sources shall comply with the provisions of this standard immediately
upon becoming a major source.
    (3) The owner or operator of an affected area source, located in an
Urban-1 county, as defined in Sec. 63.761, the construction or
reconstruction of which commences before February 6, 1998, shall achieve
compliance with the provisions of this subpart no later than the dates
specified in paragraphs (f)(3)(i) or (ii) of this section, except as
provided for in Sec. 63.6(i).
    (i) If the affected area source is located within any UA plus offset
and UC boundary, as defined in Sec. 63.761, the compliance date is
January 4, 2010.
    (ii) If the affected area source is not located within any UA plus
offset and UC boundary, as defined in Sec. 63.761, the compliance date
is January 5, 2009.
    (4) The owner or operator of an affected area source, located in an
Urban-1 county, as defined in Sec. 63.761, the construction or
reconstruction of which commences on or after February 6, 1998, shall
achieve compliance with the provisions of this subpart immediately upon
initial startup or January 3, 2007, whichever date is later.
    (5) The owner or operator of an affected area source that is not
located in an Urban-1 county, as defined in Sec. 63.761, the
construction or reconstruction of which commences before July 8, 2005,
shall achieve compliance with the provisions of this subpart no later
than the dates specified in paragraphs (f)(5)(i) or (ii) of this
section, except as provided for in Sec. 3.6(i).
    (i) If the affected area source is located within any UA plus offset
and UC boundary, as defined in Sec. 63.761, the compliance date is
January 4, 2010.
    (ii) If the affected area source is not located within any UA plus
offset and UC boundary, as defined in Sec. 63.761, the compliance date
is January 5, 2009.
    (6) The owner or operator of an affected area source that is not
located in an Urban-1 county, as defined in Sec. 63.761, the
construction or reconstruction of which commences on or after July 8,
2005, shall achieve compliance with the provisions of this subpart
immediately upon initial startup or January 3, 2007, whichever date is
later.
    (7) Each affected existing small glycol dehydration unit, as defined
in Sec. 63.761, located at a major source, that commenced construction
before August 23, 2011, must achieve compliance no

[[Page 235]]

later than October 15, 2015, except as provided in Sec. 63.6(i).
    (8) Each affected new small glycol dehydration unit, as defined in
Sec. 63.761, located at a major source, that commenced construction on
or after August 23, 2011, must achieve compliance immediately upon
initial startup or October 15, 2012, whichever is later.
    (9) A production field facility, as defined in Sec. 63.761,
constructed on or before August 23, 2011, that was previously determined
to be an area source but becomes a major source (as defined in paragraph
3 of the major source definition in Sec. 63.761) on the October 15, 2012
must achieve compliance no later than October 15, 2015, except as
provided in Sec. 63.6(i).
    (g) The following provides owners or operators of an affected source
at a major source with information on overlap of this subpart with other
regulations for equipment leaks. The owner or operator of an affected
source at a major source shall document that they are complying with
other regulations by keeping the records specified in Sec. 63.774(b)(9).
    (1) [Reserved]
    (2) After the compliance dates specified in paragraph (f) of this
section, ancillary equipment and compressors that are subject to this
subpart and are also subject to and controlled under the provisions of
40 CFR part 61, subpart V, are only required to comply with the
requirements of 40 CFR part 61, subpart V.
    (3) After the compliance dates specified in paragraph (f) of this
section, ancillary equipment and compressors that are subject to this
subpart and are also subject to and controlled under the provisions of
40 CFR part 63, subpart H, are only required to comply with the
requirements of 40 CFR part 63, subpart H.
    (h) An owner or operator of an affected source that is a major
source or is located at a major source and is subject to the provisions
of this subpart is also subject to 40 CFR part 70 or part 71 operating
permit requirements. Unless otherwise required by law, the owner or
operator of an area source subject to the provisions of this subpart is
exempt from the permitting requirements established by 40 CFR part 70 or
40 CFR part 71.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34550, June 29, 2001;
72 FR 36, Jan. 3, 2007; 77 FR 49568, Aug. 16, 2012]



Sec. 63.761  Definitions.

    All terms used in this subpart shall have the meaning given them in
the Clean Air Act (Act), subpart A of this part (General Provisions),
and in this section. If the same term is defined in subpart A and in
this section, it shall have the meaning given in this section for
purposes of this subpart.
    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.
    Alaskan North Slope means the approximately 180,000 square kilometer
area (69,000 square mile area) extending from the Brooks Range to the
Arctic Ocean.
    Ancillary equipment means any of the following pieces of equipment:
pumps, pressure relief devices, sampling connection systems, open-ended
valves, or lines, valves, flanges, or other connectors.
    API gravity means the weight per unit volume of hydrocarbon liquids
as measured by a system recommended by the American Petroleum Institute
(API) and is expressed in degrees.
    Associated equipment, as used in this subpart and as referred to in
section 112(n)(4) of the Act, means equipment associated with an oil or
natural gas exploration or production well, and includes all equipment
from the wellbore to the point of custody transfer, except glycol
dehydration units and storage vessels.
    Black oil means hydrocarbon (petroleum) liquid with an initial
producing gas-to-oil ratio (GOR) less than 0.31 cubic meters per liter
and an API gravity less than 40 degrees.
    Boiler means an enclosed device using controlled flame combustion
and having the primary purpose of recovering and exporting thermal
energy in the form of steam or hot water. Boiler also

[[Page 236]]

means any industrial furnace as defined in 40 CFR 260.10.
    BTEX means benzene, toluene, ethyl benzene and xylene.
    Closed-vent system means a system that is not open to the atmosphere
and is composed of piping, ductwork, connections, and if necessary, flow
inducing devices that transport gas or vapor from an emission point to
one or more control devices. If gas or vapor from regulated equipment is
routed to a process (e.g., to a fuel gas system), the conveyance system
shall not be considered a closed-vent system and is not subject to
closed-vent system standards.
    Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or boiler, used for the combustion
of organic HAP emissions.
    Condensate means hydrocarbon liquid separated from natural gas that
condenses due to changes in the temperature, pressure, or both, and
remains liquid at standard conditions, as specified in Sec. 63.2.
    Continuous recorder means a data recording device that either
records an instantaneous data value at least once every hour or records
hourly or more frequent block average values.
    Control device means any equipment used for recovering or oxidizing
HAP or volatile organic compound (VOC) vapors. Such equipment includes,
but is not limited to, absorbers, carbon adsorbers, condensers,
incinerators, flares, boilers, and process heaters. For the purposes of
this subpart, if gas or vapor from regulated equipment is used, reused
(i.e., injected into the flame zone of an enclosed combustion device),
returned back to the process, or sold, then the recovery system used,
including piping, connections, and flow inducing devices, is not
considered to be a control device or closed-vent system.
    Cover means a device which is placed on top of or over a material
such that the entire surface area of the material is enclosed and
sealed. A cover may have openings (such as access hatches, sampling
ports, and gauge wells) if those openings are necessary for operation,
inspection, maintenance, or repair of the unit on which the cover is
installed, provided that each opening is closed and sealed when the
opening is not in use. In addition, a cover may have one or more safety
devices. Examples of a cover include, but are not limited to, a fixed-
roof installed on a tank, an external floating roof installed on a tank,
and a lid installed on a drum or other container.
    Custody transfer means the transfer of hydrocarbon liquids or
natural gas: after processing and/or treatment in the producing
operations, or from storage vessels or automatic transfer facilities or
other such equipment, including product loading racks, to pipelines or
any other forms of transportation. For the purposes of this subpart, the
point at which such liquids or natural gas enters a natural gas
processing plant is a point of custody transfer.
    Equipment leaks means emissions of HAP from ancillary equipment (as
defined in this section) and compressors.
    Facility means any grouping of equipment where hydrocarbon liquids
are processed, upgraded (i.e., remove impurities or other constituents
to meet contract specifications), or stored prior to the point of
custody transfer; or where natural gas is processed, upgraded, or stored
prior to entering the natural gas transmission and storage source
category. For the purpose of a major source determination, facility
(including a building, structure, or installation) means oil and natural
gas production and processing equipment that is located within the
boundaries of an individual surface site as defined in this section.
Equipment that is part of a facility will typically be located within
close proximity to other equipment located at the same facility. Pieces
of production equipment or groupings of equipment located on different
oil and gas leases, mineral fee tracts, lease tracts, subsurface or
surface unit areas, surface fee tracts, surface lease tracts, or
separate surface sites, whether or not connected by a road, waterway,
power line or pipeline, shall not be considered part of the same
facility. Examples of facilities in the oil and natural gas production
source category include, but are not limited to, well sites, satellite
tank batteries, central tank batteries, a

[[Page 237]]

compressor station that transports natural gas to a natural gas
processing plant, and natural gas processing plants.
    Field natural gas means natural gas extracted from a production well
prior to entering the first stage of processing, such as dehydration.
    Fixed-roof means a cover that is mounted on a storage vessel in a
stationary manner and that does not move with fluctuations in liquid
level.
    Flame zone means the portion of the combustion chamber in a
combustion device occupied by the flame envelope.
    Flare means a thermal oxidation system using an open flame (i.e.,
without enclosure).
    Flash tank. See the definition for gas-condensate-glycol (GCG)
separator.
    Flow indicator means a device which indicates whether gas flow is
present in a line or whether the valve position would allow gas flow to
be present in a line.
    Gas-condensate-glycol (GCG) separator means a two- or three-phase
separator through which the ``rich'' glycol stream of a glycol
dehydration unit is passed to remove entrained gas and hydrocarbon
liquid. The GCG separator is commonly referred to as a flash separator
or flash tank.
    Gas-to-oil ratio (GOR) means the number of standard cubic meters of
gas produced per liter of crude oil or other hydrocarbon liquid.
    Glycol dehydration unit means a device in which a liquid glycol
(including, but not limited to, ethylene glycol, diethylene glycol, or
triethylene glycol) absorbent directly contacts a natural gas stream and
absorbs water in a contact tower or absorption column (absorber). The
glycol contacts and absorbs water vapor and other gas stream
constituents from the natural gas and becomes ``rich'' glycol. This
glycol is then regenerated in the glycol dehydration unit reboiler. The
``lean'' glycol is then recycled.
    Glycol dehydration unit baseline operations means operations
representative of the large glycol dehydration unit operations as of
June 17, 1999 and the small glycol dehydrator unit operations as of
August 23, 2011. For the purposes of this subpart, for determining the
percentage of overall HAP emission reduction attributable to process
modifications, baseline operations shall be parameter values (including,
but not limited to, glycol circulation rate or glycol-HAP absorbency)
that represent actual long-term conditions (i.e., at least 1 year).
Glycol dehydration units in operation for less than 1 year shall
document that the parameter values represent expected long-term
operating conditions had process modifications not been made.
    Glycol dehydration unit process vent means the glycol dehydration
unit reboiler vent and the vent from the GCG separator (flash tank), if
present.
    Glycol dehydration unit reboiler vent means the vent through which
exhaust from the reboiler of a glycol dehydration unit passes from the
reboiler to the atmosphere or to a control device.
    Hazardous air pollutants or HAP means the chemical compounds listed
in section 112(b) of the Clean Air Act. All chemical compounds listed in
section 112(b) of the Act need to be considered when making a major
source determination. Only the HAP compounds listed in Table 1 of this
subpart need to be considered when determining compliance.
    Hydrocarbon liquid means any naturally occurring, unrefined
petroleum liquid.
    In VHAP service means that a piece of ancillary equipment or
compressor either contains or contacts a fluid (liquid or gas) which has
a total volatile HAP (VHAP) concentration equal to or greater than 10
percent by weight as determined according to the provisions of
Sec. 63.772(a).
    In wet gas service means that a piece of equipment contains or
contacts the field gas before the extraction of natural gas liquids.
    Incinerator means an enclosed combustion device that is used for
destroying organic compounds. Auxiliary fuel may be used to heat waste
gas to combustion temperatures. Any energy recovery section is not
physically formed into one manufactured or assembled unit with the
combustion section; rather, the energy recovery section is a separate
section following the combustion section and the two are joined by ducts
or connections carrying flue gas. The

[[Page 238]]

above energy recovery section limitation does not apply to an energy
recovery section used solely to preheat the incoming vent stream or
combustion air.
    Initial producing GOR means the producing standard cubic meters of
gas per liter at the time that the reservoir pressure is above the
bubble point pressure (or dewpoint pressure for a gas).
    Initial startup means the first time a new or reconstructed source
begins production. For the purposes of this subpart, initial startup
does not include subsequent startups (as defined in this section) of
equipment, for example, following malfunctions or shutdowns.
    Large glycol dehydration unit means a glycol dehydration unit with
an actual annual average natural gas flowrate equal to or greater than
85 thousand standard cubic meters per day and actual annual average
benzene emissions equal to or greater than 0.90 Mg/yr, determined
according to Sec. 63.772(b). A glycol dehydration unit complying with
the 0.9 Mg/yr control option under Sec. 63.765(b)(1)(ii) is considered
to be a large dehydrator.
    Major source, as used in this subpart, shall have the same meaning
as in Sec. 63.2, except that:
    (1) Emissions from any oil or gas exploration or production well
(with its associated equipment, as defined in this section), and
emissions from any pipeline compressor station or pump station shall not
be aggregated with emissions from other similar units to determine
whether such emission points or stations are major sources, even when
emission points are in a contiguous area or under common control;
    (2) Emissions from processes, operations, or equipment that are not
part of the same facility, as defined in this section, shall not be
aggregated; and
    (3) For facilities that are production field facilities, only HAP
emissions from glycol dehydration units and storage vessels shall be
aggregated for a major source determination. For facilities that are not
production field facilities, HAP emissions from all HAP emission units
shall be aggregated for a major source determination.
    Natural gas means a naturally occurring mixture of hydrocarbon and
nonhydrocarbon gases found in geologic formations beneath the earth's
surface. The principal hydrocarbon constituent is methane.
    Natural gas liquids (NGL) means the liquid hydrocarbons, such as
ethane, propane, butane, pentane, natural gasoline, and condensate that
are extracted from field natural gas.
    Natural gas processing plant (gas plant) means any processing site
engaged in the extraction of natural gas liquids from field gas, or the
fractionation of mixed NGL to natural gas products, or a combination of
both.
    No detectable emissions means no escape of HAP from a device or
system to the atmosphere as determined by:
    (1) Instrument monitoring results in accordance with the
requirements of Sec. 63.772(c); and
    (2) The absence of visible openings or defects in the device or
system, such as rips, tears, or gaps.
    Operating parameter value means a minimum or maximum value
established for a control device or process parameter which, if achieved
by itself or in combination with one or more other operating parameter
values, indicates that an owner or operator has complied with an
applicable operating parameter limitation, over the appropriate
averaging period as specified in Sec. 63.772(f) or (g).
    Operating permit means a permit required by 40 CFR part 70 or part
71.
    Organic monitoring device means an instrument used to indicate the
concentration level of organic compounds exiting a control device based
on a detection principle such as infra-red, photoionization, or thermal
conductivity.
    Primary fuel means the fuel that provides the principal heat input
(i.e., more than 50 percent) to the device. To be considered primary,
the fuel must be able to sustain operation without the addition of other
fuels.
    Process heater means an enclosed device using a controlled flame,
the primary purpose of which is to transfer heat to a process fluid or
process material that is not a fluid, or to a heat transfer material for
use in a process (rather than for steam generation).
    Produced water means water that is extracted from the earth from an
oil or

[[Page 239]]

natural gas production well, or that is separated from crude oil,
condensate, or natural gas after extraction.
    Production field facilities means those facilities located prior to
the point of custody transfer.
    Production well means any hole drilled in the earth from which crude
oil, condensate, or field natural gas is extracted.
    Reciprocating compressor means a piece of equipment that increases
the pressure of a process gas by positive displacement, employing linear
movement of the drive shaft.
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function,
or any other person who performs similar policy or decision-making
functions for the corporation, or a duly authorized representative of
such person if the representative is responsible for the overall
operation of one or more manufacturing, production, or operating
facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual
sales or expenditures exceeding $25 million (in second quarter 1980
dollars); or
    (ii) The delegation of authority to such representatives is approved
in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: a general partner or
the proprietor, respectively;
    (3) For a municipality, State, Federal, or other public agency:
Either a principal executive officer or ranking elected official. For
the purposes of this part, a principal executive officer of a Federal
agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency
(e.g., a Regional Administrator of EPA); or
    (4) For affected sources:
    (i) The designated representative in so far as actions, standards,
requirements, or prohibitions under title IV of the Act or the
regulations promulgated thereunder are concerned; and
    (ii) The designated representative for any other purposes under part
70.
    Safety device means a device that meets both of the following
conditions: it is not used for planned or routine venting of liquids,
gases, or fumes from the unit or equipment on which the device is
installed; and it remains in a closed, sealed position at all times
except when an unplanned event requires that the device open for the
purpose of preventing physical damage or permanent deformation of the
unit or equipment on which the device is installed in accordance with
good engineering and safety practices for handling flammable,
combustible, explosive, or other hazardous materials. Examples of
unplanned events which may require a safety device to open include
failure of an essential equipment component or a sudden power outage.
    Shutdown means for purposes including, but not limited to, periodic
maintenance, replacement of equipment, or repair, the cessation of
operation of a glycol dehydration unit, or other affected source under
this subpart, or equipment required or used solely to comply with this
subpart.
    Small glycol dehydration unit means a glycol dehydration unit,
located at a major source, with an actual annual average natural gas
flowrate less than 85 thousand standard cubic meters per day or actual
annual average benzene emissions less than 0.90 Mg/yr, determined
according to Sec. 63.772(b).
    Startup means the setting into operation of a glycol dehydration
unit, or other affected equipment under this subpart, or equipment
required or used to comply with this subpart. Startup includes initial
startup and operation solely for the purpose of testing equipment.
    Storage vessel means a tank or other vessel that is designed to
contain an accumulation of crude oil, condensate, intermediate
hydrocarbon liquids, or produced water and that is constructed primarily
of non-earthen materials (e.g., wood, concrete, steel, plastic) that
provide structural support. The following process units are not
considered storage vessels: Surge control vessels and knockout vessels.
    Storage vessel with the potential for flash emissions means any
storage vessel that contains a hydrocarbon liquid with a stock tank GOR
equal to or

[[Page 240]]

greater than 0.31 cubic meters per liter and an API gravity equal to or
greater than 40 degrees and an actual annual average hydrocarbon liquid
throughput equal to or greater than 79,500 liters per day. Flash
emissions occur when dissolved hydrocarbons in the fluid evolve from
solution when the fluid pressure is reduced.
    Surface site means any combination of one or more graded pad sites,
gravel pad sites, foundations, platforms, or the immediate physical
location upon which equipment is physically affixed.
    Tank battery means a collection of equipment used to separate,
treat, store, and transfer crude oil, condensate, natural gas, and
produced water. A tank battery typically receives crude oil, condensate,
natural gas, or some combination of these extracted products from
several production wells for accumulation and separation prior to
transmission to a natural gas plant or petroleum refinery. A tank
battery may or may not include a glycol dehydration unit.
    Temperature monitoring device means an instrument used to monitor
temperature and having a minimum accuracy of 2 percent of the
temperature being monitored expressed in  deg.C, or 2.5  deg.C,
whichever is greater. The temperature monitoring device may measure
temperature in degrees Fahrenheit or degrees Celsius, or both.
    Total organic compounds or TOC, as used in this subpart, means those
compounds which can be measured according to the procedures of Method
18, 40 CFR part 60, appendix A.
    UA plus offset and UC is defined as the area occupied by each
urbanized area, each urban cluster that contains at least 10,000 people,
and the area located two miles or less from each urbanized area
boundary.
    Urban-1 County is defined as a county that contains a part of a
Metropolitan Statistical Area with a population greater than 250,000,
based on the Office of Management and Budget's Standards for defining
Metropolitan and Micropolitan Statistical Areas (December 27, 2000), and
Census 2000 Data released by the U.S. Census Bureau.
    Urbanized area refers to Census 2000 Urbanized Area, which is
defined in the Urban Area Criteria for Census 2000 (March 15, 2002).
Essentially, an urbanized area consists of densely settled territory
with a population of at least 50,000 people.
    Urban cluster refers to a Census 2000 Urban Cluster, which is
defined in the Urban Area Criteria for Census 2000 (March 15, 2002).
Essentially, an urban cluster consists of densely settled territory with
at least 2,500 people but fewer than 50,000 people.
    Volatile hazardous air pollutant concentration or VHAP concentration
means the fraction by weight of all HAP contained in a material as
determined in accordance with procedures specified in Sec. 63.772(a).

[64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001;
72 FR 37, Jan. 3, 2007; 77 FR 49569, Aug. 16, 2012]



Sec. 63.762  Affirmative defense for violations of emission standards
during malfunction.

    (a) The provisions set forth in this subpart shall apply at all
times.
    (b)-(c) [Reserved]
    (d) 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 violations of such standards that are caused by
malfunction, as defined in 40 CFR 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.
    (1) To establish the affirmative defense in any action to enforce
such a standard, you must timely meet the reporting requirements in
paragraph (d)(2) of this section, and must prove by a preponderance of
evidence that:
    (i) The violation:
    (A) 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
    (B) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices; and
    (C) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and

[[Page 241]]

    (D) Was not part of a recurring pattern indicative of inadequate
design, operation, or maintenance; and
    (ii) 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
    (iii) The frequency, amount and duration of the violation (including
any bypass) were minimized to the maximum extent practicable; and
    (iv) 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
    (v) All possible steps were taken to minimize the impact of the
violation on ambient air quality, the environment, and human health; and
    (vi) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices; and
    (vii) All of the actions in response to the violation were
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the affected source was operated in a manner
consistent with good practices for minimizing emissions; and
    (ix) 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.
    (2) 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 (d)(1) 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 49569, Aug. 16, 2012]



Sec. 63.763  [Reserved]



Sec. 63.764  General standards.

    (a) Table 2 of this subpart specifies the provisions of subpart A
(General Provisions) of this part that apply and those that do not apply
to owners and operators of affected sources subject to this subpart.
    (b) All reports required under this subpart shall be sent to the
Administrator at the appropriate address listed in Sec. 63.13. Reports
may be submitted on electronic media.
    (c) Except as specified in paragraph (e) of this section, the owner
or operator of an affected source located at an existing or new major
source of HAP emissions shall comply with the standards in this subpart
as specified in paragraphs (c)(1) through (3) of this section.
    (1) For each glycol dehydration unit process vent subject to this
subpart, the owner or operator shall comply with the requirements
specified in paragraphs (c)(1)(i) through (iii) of this section.
    (i) The owner or operator shall comply with the control requirements
for glycol dehydration unit process vents specified in Sec. 63.765;
    (ii) The owner or operator shall comply with the monitoring
requirements specified in Sec. 63.773; and
    (iii) The owner or operator shall comply with the recordkeeping and
reporting requirements specified in Secs. 63.774 and 63.775.
    (2) For each storage vessel with the potential for flash emissions
subject to this subpart, the owner or operator shall comply with the
requirements specified in paragraphs (c)(2)(i) through (iii) of this
section.
    (i) The control requirements for storage vessels specified in
Sec. 63.766;

[[Page 242]]

    (ii) The monitoring requirements specified in Sec. 63.773; and
    (iii) The recordkeeping and reporting requirements specified in
Secs. 63.774 and 63.775.
    (3) For ancillary equipment (as defined in Sec. 63.761) and
compressors at a natural gas processing plant subject to this subpart,
the owner or operator shall comply with the requirements for equipment
leaks specified in Sec. 63.769.
    (d) Except as specified in paragraph (e)(1) of this section, the
owner or operator of an affected source located at an existing or new
area source of HAP emissions shall comply with the applicable standards
specified in paragraph (d) of this section.
    (1) Each owner or operator of an area source located within an UA
plus offset and UC boundary (as defined in Sec. 63.761) shall comply
with the provisions specified in paragraphs (d)(1)(i) through (iii) of
this section.
    (i) The control requirements for glycol dehydration unit process
vents specified in Sec. 63.765;
    (ii) The monitoring requirements specified in Sec. 63.773; and
    (iii) The recordkeeping and reporting requirements specified in
Secs. 63.774 and 63.775.
    (2) Each owner or operator of an area source not located in a UA
plus offset and UC boundary (as defined in Sec. 63.761) shall comply
with paragraphs (d)(2)(i) through (iii) of this section.
    (i) Determine the optimum glycol circulation rate using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR02JA07.001

Where:

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

    (ii) Operate the TEG dehydration unit such that the actual glycol
circulation rate does not exceed the optimum glycol circulation rate
determined in accordance with paragraph (d)(2)(i) of this section. If
the TEG dehydration unit is unable to meet the sales gas specification
for moisture content using the glycol circulation rate determined in
accordance with paragraph (d)(2)(i), the owner or operator must
calculate an alternate circulation rate using GRI-GLYCalc\TM\, Version
3.0 or higher. The owner or operator must document why the TEG
dehydration unit must be operated using the alternate circulation rate
and submit this documentation with the initial notification in
accordance with Sec. 63.775(c)(7).
    (iii) Maintain a record of the determination specified in paragraph
(d)(2)(ii) in accordance with the requirements in Sec. 63.774(f) and
submit the Initial Notification in accordance with the requirements in
Sec. 63.775(c)(7). If operating conditions change and a modification to
the optimum glycol circulation rate is required, the owner or operator
shall prepare a new determination in accordance with paragraph (d)(2)(i)
or (ii) of this section and submit the information specified under
Sec. 63.775(c)(7)(ii) through (v).
    (e) Exemptions. (1) The owner or operator of an area source is
exempt from the requirements of paragraph (d) of this section if the
criteria listed in paragraph (e)(1)(i) or (ii) of this section are met,
except that the records of the determination of these criteria must be
maintained as required in Sec. 63.774(d)(1).
    (i) The actual annual average flowrate of natural gas to the glycol
dehydration unit is less than 85 thousand standard cubic meters per day,
as determined by the procedures specified in Sec. 63.772(b)(1) of this
subpart; or
    (ii) The actual average emissions of benzene from the glycol
dehydration unit process vent to the atmosphere are less than 0.90
megagram per year, as determined by the procedures specified in
Sec. 63.772(b)(2) of this subpart.
    (2) The owner or operator is exempt from the requirements of
paragraph (c)(3) of this section for ancillary equipment (as defined in
Sec. 63.761) and compressors at a natural gas processing plant subject
to this subpart if the criteria listed in paragraph (e)(2)(i) or (ii) of
this section are met, except that the records of the determination of
these criteria must be maintained as required in Sec. 63.774(d)(2).

[[Page 243]]

    (i) Any ancillary equipment and compressors that contain or contact
a fluid (liquid or gas) must have a total VHAP concentration less than
10 percent by weight, as determined by the procedures specified in
Sec. 63.772(a); or
    (ii) That ancillary equipment and compressors must operate in VHAP
service less than 300 hours per calendar year.
    (f) Each owner or operator of a major HAP source subject to this
subpart is required to apply for a 40 CFR part 70 or part 71 operating
permit from the appropriate permitting authority. If the Administrator
has approved a State operating permit program under 40 CFR part 70, the
permit shall be obtained from the State authority. If a State operating
permit program has not been approved, the owner or operator of a source
shall apply to the EPA Regional Office pursuant to 40 CFR part 71.
    (g)-(h) [Reserved]
    (i) In all cases where the provisions of this subpart require an
owner or operator to repair leaks by a specified time after the leak is
detected, it is a violation of this standard to fail to take action to
repair the leak(s) within the specified time. If action is taken to
repair the leak(s) within the specified time, failure of that action to
successfully repair the leak(s) is not a violation of this standard.
However, if the repairs are unsuccessful, and a leak is detected, the
owner or operator shall take further action as required by the
applicable provisions of this subpart.
    (j) 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.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001;
72 FR 38, Jan. 3, 2007; 77 FR 49570, Aug. 16, 2012]



Sec. 63.765  Glycol dehydration unit process vent standards.

    (a) This section applies to each glycol dehydration unit subject to
this subpart that must be controlled for air emissions as specified in
either paragraph (c)(1)(i) or paragraph (d)(1)(i) of Sec. 63.764.
    (b) Except as provided in paragraph (c) of this section, an owner or
operator of a glycol dehydration unit process vent shall comply with the
requirements specified in paragraphs (b)(1) and (b)(2) of this section.
    (1) For each glycol dehydration unit process vent, the owner or
operator shall control air emissions by either paragraph (b)(1)(i),
(ii), or (iii) of this section.
    (i) The owner or operator of a large glycol dehydration unit, as
defined in Sec. 63.761, shall connect the process vent to a control
device or a combination of control devices through a closed-vent system.
The closed-vent system shall be designed and operated in accordance with
the requirements of Sec. 63.771(c). The control device(s) shall be
designed and operated in accordance with the requirements of
Sec. 63.771(d).
    (ii) The owner or operator of a large glycol dehydration unit shall
connect the process vent to a control device or combination of control
devices through a closed-vent system and the outlet benzene emissions
from the control device(s) shall be reduced to a level less than 0.90
megagrams per year. The closed-vent system shall be designed and
operated in accordance with the requirements of Sec. 63.771(c). The
control device(s) shall be designed and operated in accordance with the
requirements of Sec. 63.771(d), except that the performance levels
specified in Sec. 63.771(d)(1)(i) and (ii) do not apply.
    (iii) You must limit BTEX emissions from each existing small glycol
dehydration unit process vent, as defined in Sec. 63.761, to the limit
determined in Equation 1 of this section. You must limit BTEX emissions
from each new small glycol dehydration unit process

[[Page 244]]

vent, as defined in Sec. 63.761, to the limit determined in Equation 2
of this section. The limits determined using Equation 1 or Equation 2
must be met in accordance with one of the alternatives specified in
paragraphs (b)(1)(iii)(A) through (D) of this section.
[GRAPHIC] [TIFF OMITTED] TR16AU12.009

    Equation 1

Where:

ELBTEX = Unit-specific BTEX emission limit, megagrams per
          year;
3.28 x 10-4 = BTEX emission limit, grams BTEX/standard cubic
          meter-ppmv;
Throughput = Annual average daily natural gas throughput, standard cubic
          meters per day.
Ci,BTEX = average annual BTEX concentration of the natural
          gas at the inlet to the glycol dehydration unit, ppmv.

          [GRAPHIC] [TIFF OMITTED] TR16AU12.010


Where:

ELBTEX = Unit-specific BTEX emission limit, megagrams per
          year;
4.66 x 10-6 = BTEX emission limit, grams BTEX/standard cubic
          meter-ppmv;
Throughput = Annual average daily natural gas throughput, standard cubic
          meters per day.
Ci,BTEX = average annual BTEX concentration of the natural
          gas at the inlet to the glycol dehydration unit, ppmv.

    (A) Connect the process vent to a control device or combination of
control devices through a closed-vent system. The closed vent system
shall be designed and operated in accordance with the requirements of
Sec. 63.771(c). The control device(s) shall be designed and operated in
accordance with the requirements of Sec. 63.771(f).
    (B) Meet the emissions limit through process modifications in
accordance with the requirements specified in Sec. 63.771(e).
    (C) Meet the emissions limit for each small glycol dehydration unit
using a combination of process modifications and one or more control
devices through the requirements specified in paragraphs (b)(1)(iii)(A)
and (B) of this section.
    (D) Demonstrate that the emissions limit is met through actual
uncontrolled operation of the small glycol dehydration unit. Document
operational parameters in accordance with the requirements specified in
Sec. 63.771(e) and emissions in accordance with the requirements
specified in Sec. 63.772(b)(2).
    (2) One or more safety devices that vent directly to the atmosphere
may be used on the air emission control equipment installed to comply
with paragraph (b)(1) of this section.
    (c) As an alternative to the requirements of paragraph (b) of this
section, the owner or operator may comply with one of the requirements
specified in paragraphs (c)(1) through (3) of this section.
    (1) The owner or operator shall control air emissions by connecting
the process vent to a process natural gas line.
    (2) The owner or operator shall demonstrate, to the Administrator's
satisfaction, that the total HAP emissions to the atmosphere from the
large glycol dehydration unit process vent are reduced by 95.0 percent
through process modifications, or a combination of process modifications
and one or more control devices, in accordance with the requirements
specified in Sec. 63.771(e).
    (3) Control of HAP emissions from a GCG separator (flash tank) vent
is not required if the owner or operator demonstrates, to the
Administrator's satisfaction, that total emissions to the atmosphere
from the glycol dehydration unit process vent are reduced by one of

[[Page 245]]

the levels specified in paragraph (c)(3)(i) through (iv) of this
section, through the installation and operation of controls as specified
in paragraph (b)(1) of this section.
    (i) For any large glycol dehydration unit, HAP emissions are reduced
by 95.0 percent or more.
    (ii) For any large glycol dehydration unit, benzene emissions are
reduced to a level less than 0.90 megagrams per year.
    (iii) For each existing small glycol dehydration unit, BTEX
emissions are reduced to a level less than the limit calculated by
Equation 1 of paragraph (b)(1)(iii) of this section.
    (iv) For each new small glycol dehydration unit, BTEX emissions are
reduced to a level less than the limit calculated by Equation 2 of
paragraph (b)(1)(iii) of this section.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001;
72 FR 38, Jan. 3, 2007; 77 FR 49570, Aug. 16, 2012]



Sec. 63.766  Storage vessel standards.

    (a) This section applies to each storage vessel with the potential
for flash emissions (as defined in Sec. 63.761) subject to this subpart.
    (b) The owner or operator of a storage vessel with the potential for
flash emissions (as defined in Sec. 63.761) shall comply with one of the
control requirements specified in paragraphs (b)(1) and (2) of this
section.
    (1) The owner or operator shall equip the affected storage vessel
with the potential for flash emissions with a cover that is connected,
through a closed-vent system that meets the conditions specified in
Sec. 63.771(c), to a control device or a combination of control devices
that meets any of the conditions specified in Sec. 63.771(d). The cover
shall be designed and operated in accordance with the requirements of
Sec. 63.771(b).
    (2) The owner or operator of a pressure storage vessel that is
designed to operate as a closed system shall operate the storage vessel
with no detectable emissions at all times that material is in the
storage vessel, except as provided for in paragraph (c) of this section.
    (3) The owner or operator shall control air emissions by connecting
the cover, through a closed-vent system that meets the conditions
specified in Sec. 63.771(c), to a process natural gas line.
    (c) One or more safety devices that vent directly to the atmosphere
may be used on the storage vessel and air emission control equipment
complying with paragraphs (b)(1) and (2) of this section.
    (d) This section does not apply to storage vessels for which the
owner or operator is subject to and controlled under the requirements
specified in 40 CFR part 60, subparts Kb or OOOO; or is subject to and
controlled under the requirements specified under 40 CFR part 63
subparts G or CC. Storage vessels subject to and controlled under 40 CFR
part 60, subpart OOOO shall submit the periodic reports specified in
Sec. 63.775(e).

[64 FR 32628, June 17, 1999, as amended at 77 FR 49571, Aug. 16, 2012]



Secs. 63.767-63.768  [Reserved]



Sec. 63.769  Equipment leak standards.

    (a) This section applies to equipment subject to this subpart and
specified in paragraphs (a)(1) and (2) of this section that is located
at a natural gas processing plant and operates in VHAP service equal to
or greater than 300 hours per calendar year.
    (1) Ancillary equipment, as defined in Sec. 63.761; and
    (2) Compressors.
    (b) This section does not apply to ancillary equipment and
compressors for which the owner or operator is subject to and controlled
under the requirements specified in subpart H of this part; or is
subject to and controlled under the requirements specified in 40 CFR
part 60, subpart OOOO. Ancillary equipment and compressors subject to
and controlled under 40 CFR part 60, subpart OOOO shall submit the
periodic reports specified in Sec. 63.775(e).
    (c) For each piece of ancillary equipment and each compressor
subject to this section located at an existing or new source, the owner
or operator shall meet the requirements specified in 40 CFR part 61,
subpart V, Secs. 61.241 through 61.247, except as specified in
paragraphs (c)(1) through (8) of this section, except that for valves
subject to Sec. 61.242-7(b) or Sec. 61.243-1, a leak is detected if an
instrument reading of 500

[[Page 246]]

ppm or greater is measured. A leak detected from a valve at a source
constructed on or before August 23, 2011 shall be repaired in accordance
with the schedule in Sec. 61.242-7(d), or by October 15, 2013, whichever
is later. A leak detected from a valve at a source constructed after
August 23, 2011 shall be repaired in accordance with the schedule in
Sec. 61.242-7(d), or by October 15, 2012, whichever is later.
    (1) Each pressure relief device in gas/vapor service shall be
monitored quarterly and within 5 days after each pressure release to
detect leaks, except under the following conditions.
    (i) The owner or operator has obtained permission from the
Administrator to use an alternative means of emission limitation that
achieves a reduction in emissions of VHAP at least equivalent to that
achieved by the control required in this subpart.
    (ii) The pressure relief device is located in a nonfractionating
facility that is monitored only by non-facility personnel, it may be
monitored after a pressure release the next time the monitoring
personnel are on site, instead of within 5 days. Such a pressure relief
device shall not be allowed to operate for more than 30 days after a
pressure release without monitoring.
    (2) For pressure relief devices, if an instrument reading of 10,000
parts per million or greater is measured, a leak is detected.
    (3) For pressure relief devices, when a leak is detected, it shall
be repaired as soon as practicable, but no later than 15 calendar days
after it is detected, unless a delay in repair of equipment is granted
under 40 CFR 61.242-10.
    (4) Sampling connection systems are exempt from the requirements of
40 CFR 61.242-5.
    (5) Pumps in VHAP service, valves in gas/vapor and light liquid
service, and pressure relief devices in gas/vapor service that are
located at a nonfractionating plant that does not have the design
capacity to process 283,000 standard cubic meters per day or more of
field gas are exempt from the routine monitoring requirements of 40 CFR
61.242-2(a)(1) and 61.242-7(a), and paragraphs (c)(1) through (3) of
this section.
    (6) Pumps in VHAP service, valves in gas/vapor and light liquid
service, and pressure relief devices in gas/vapor service located within
a natural gas processing plant that is located on the Alaskan North
Slope are exempt from the routine monitoring requirements of 40 CFR
61.242-2(a)(1) and 61.242-7(a), and paragraphs (c)(1) through (3) of
this section.
    (7) Reciprocating compressors in wet gas service are exempt from the
compressor control requirements of 40 CFR 61.242-3.
    (8) Flares, as defined in Sec. 63.761, used to comply with this
subpart shall comply with the requirements of Sec. 63.11(b).

[64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001;
77 FR 49571, Aug. 16, 2012]



Sec. 63.770  [Reserved]



Sec. 63.771  Control equipment requirements.

    (a) This section applies to each cover, closed-vent system, and
control device installed and operated by the owner or operator to
control air emissions as required by the provisions of this subpart.
Compliance with paragraphs (b), (c), and (d) of this section will be
determined by review of the records required by Sec. 63.774 and the
reports required by Sec. 63.775, by review of performance test results,
and by inspections.
    (b) Cover requirements. (1) The cover and all openings on the cover
(e.g., access hatches, sampling ports, and gauge wells) shall be
designed to form a continuous barrier over the entire surface area of
the liquid in the storage vessel.
    (2) Each cover opening shall be secured in a closed, sealed position
(e.g., covered by a gasketed lid or cap) whenever material is in the
unit on which the cover is installed except during those times when it
is necessary to use an opening as follows:
    (i) To add material to, or remove material from the unit (this
includes openings necessary to equalize or balance the internal pressure
of the unit following changes in the level of the material in the unit);
    (ii) To inspect or sample the material in the unit;

[[Page 247]]

    (iii) To inspect, maintain, repair, or replace equipment located
inside the unit; or
    (iv) To vent liquids, gases, or fumes from the unit through a
closed-vent system to a control device designed and operated in
accordance with the requirements of paragraphs (c) and (d) of this
section.
    (c) Closed-vent system requirements. (1) The closed-vent system
shall route all gases, vapors, and fumes emitted from the material in an
emissions unit to a control device that meets the requirements specified
in paragraph (d) of this section.
    (2) The closed-vent system shall be designed and operated with no
detectable emissions.
    (3) If the closed-vent system contains one or more bypass devices
that could be used to divert all or a portion of the gases, vapors, or
fumes from entering the control device, the owner or operator shall meet
the requirements specified in paragraphs (c)(3)(i) and (c)(3)(ii) of
this section.
    (i) For each bypass device, except as provided for in paragraph
(c)(3)(ii) of this section, the owner or operator shall either:
    (A) At the inlet to the bypass device that could divert the stream
away from the control device to the atmosphere, properly install,
calibrate, maintain, and operate a flow indicator that is capable of
taking periodic readings and sounding an alarm when the bypass device is
open such that the stream is being, or could be, diverted away from the
control device to the atmosphere; or
    (B) Secure the bypass device valve installed at the inlet to the
bypass device in the non-diverting position using a car-seal or a lock-
and-key type configuration.
    (ii) Low leg drains, high point bleeds, analyzer vents, open-ended
valves or lines, and safety devices are not subject to the requirements
of paragraph (c)(3)(i) of this section.
    (d) Control device requirements for sources except small glycol
dehydration units. Owners and operators of small glycol dehydration
units, shall comply with the control device requirements in paragraph
(f) of this section.
    (1) The control device used to reduce HAP emissions in accordance
with the standards of this subpart shall be one of the control devices
specified in paragraphs (d)(1)(i) through (iii) of this section.
    (i) An enclosed combustion device (e.g., thermal vapor incinerator,
catalytic vapor incinerator, boiler, or process heater) that is designed
and operated in accordance with one of the following performance
requirements:
    (A) Reduces the mass content of either TOC or total HAP in the gases
vented to the device by 95.0 percent by weight or greater as determined
in accordance with the requirements of Sec. 63.772(e); or
    (B) Reduces the concentration of either TOC or total HAP in the
exhaust gases at the outlet to the device to a level equal to or less
than 20 parts per million by volume on a dry basis corrected to 3
percent oxygen as determined in accordance with the requirements of
Sec. 63.772(e); or
    (C) Operates at a minimum temperature of 760 degrees C, provided the
control device has demonstrated, under Sec. 63.772(e), that combustion
zone temperature is an indicator of destruction efficiency.
    (D) If a boiler or process heater is used as the control device,
then the vent stream shall be introduced into the flame zone of the
boiler or process heater.
    (ii) A vapor recovery device (e.g., carbon adsorption system or
condenser) or other non-destructive control device that is designed and
operated to reduce the mass content of either TOC or total HAP in the
gases vented to the device by 95.0 percent by weight or greater as
determined in accordance with the requirements of Sec. 63.772(e).
    (iii) A flare, as defined in Sec. 63.761, that is designed and
operated in accordance with the requirements of Sec. 63.11(b).
    (2) [Reserved]
    (3) The owner or operator shall demonstrate that a control device
achieves the performance requirements of paragraph (d)(1) of this
section as specified in Sec. 63.772(e).
    (4) The owner or operator shall operate each control device in
accordance with the requirements specified in

[[Page 248]]

paragraphs (d)(4)(i) and (ii) of this section.
    (i) Each control device used to comply with this subpart shall be
operating at all times when gases, vapors, and fumes are vented from the
HAP emissions unit or units through the closed-vent system to the
control device, as required under Sec. 63.765, Sec. 63.766, and
Sec. 63.769. An owner or operator may vent more than one unit to a
control device used to comply with this subpart.
    (ii) For each control device monitored in accordance with the
requirements of Sec. 63.773(d), the owner or operator shall demonstrate
compliance according to the requirements of Sec. 63.772(f) or (g), as
applicable.
    (5) For each carbon adsorption system used as a control device to
meet the requirements of paragraph (d)(1) of this section, the owner or
operator shall manage the carbon as follows:
    (i) Following the initial startup of the control device, all carbon
in the control device shall be replaced with fresh carbon on a regular,
predetermined time interval that is no longer than the carbon service
life established for the carbon adsorption system. Records identifying
the schedule for replacement and records of each carbon replacement
shall be maintained as required in Sec. 63.774(b)(7)(ix). The schedule
for replacement shall be submitted with the Notification of Compliance
Status Report as specified in Sec. 63.775(d)(5)(iv). Each carbon
replacement must be reported in the Periodic Reports as specified in
Sec. 63.772(e)(2)(xii).
    (ii) The spent carbon removed from the carbon adsorption system
shall be either regenerated, reactivated, or burned in one of the units
specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(G) of this
section.
    (A) Regenerated or reactivated in a thermal treatment unit for which
the owner or operator has been issued a final permit under 40 CFR part
270 that implements the requirements of 40 CFR part 264, subpart X.
    (B) Regenerated or reactivated in a thermal treatment unit equipped
with and operating air emission controls in accordance with this
section.
    (C) Regenerated or reactivated in a thermal treatment unit equipped
with and operating organic air emission controls in accordance with a
national emissions standard for HAP under another subpart in 40 CFR part
61 or this part.
    (D) Burned in a hazardous waste incinerator for which the owner or
operator has been issued a final permit under 40 CFR part 270 that
implements the requirements of 40 CFR part 264, subpart O.
    (E) Burned in a hazardous waste incinerator which the owner or
operator has designed and operates in accordance with the requirements
of 40 CFR part 265, subpart O.
    (F) Burned in a boiler or industrial furnace for which the owner or
operator has been issued a final permit under 40 CFR part 270 that
implements the requirements of 40 CFR part 266, subpart H.
    (G) Burned in a boiler or industrial furnace which the owner or
operator has designed and operates in accordance with the interim status
requirements of 40 CFR part 266, subpart H.
    (e) Process modification requirements. Each owner or operator that
chooses to comply with Sec. 63.765(c)(2) shall meet the requirements
specified in paragraphs (e)(1) through (e)(3) of this section.
    (1) The owner or operator shall determine glycol dehydration unit
baseline operations (as defined in Sec. 63.761). Records of glycol
dehydration unit baseline operations shall be retained as required under
Sec. 63.774(b)(10).
    (2) The owner or operator shall document, to the Administrator's
satisfaction, the conditions for which glycol dehydration unit baseline
operations shall be modified to achieve the 95.0 percent overall HAP
emission reduction, or BTEX limit determined in Sec. 63.765(b)(1)(iii),
as applicable, either through process modifications or through a
combination of process modifications and one or more control devices. If
a combination of process modifications and one or more control devices
are used, the owner or operator shall also establish the emission
reduction to be achieved by the control device to achieve an overall HAP
emission reduction of 95.0 percent for the glycol dehydration unit
process vent or, if applicable, the BTEX limit determined in
Sec. 63.765(b)(1)(iii) for the small glycol dehydration unit process
vent.

[[Page 249]]

Only modifications in glycol dehydration unit operations directly
related to process changes, including but not limited to changes in
glycol circulation rate or glycol-HAP absorbency, shall be allowed.
Changes in the inlet gas characteristics or natural gas throughput rate
shall not be considered in determining the overall emission reduction
due to process modifications.
    (3) The owner or operator that achieves a 95.0 percent HAP emission
reduction or meets the BTEX limit determined in Sec. 63.765(b)(1)(iii),
as applicable, using process modifications alone shall comply with
paragraph (e)(3)(i) of this section. The owner or operator that achieves
a 95.0 percent HAP emission reduction or meets the BTEX limit determined
in Sec. 63.765(b)(1)(iii), as applicable, using a combination of process
modifications and one or more control devices shall comply with
paragraphs (e)(3)(i) and (ii) of this section.
    (i) The owner or operator shall maintain records, as required in
Sec. 63.774(b)(11), that the facility continues to operate in accordance
with the conditions specified under paragraph (e)(2) of this section.
    (ii) The owner or operator shall comply with the control device
requirements specified in paragraph (d) or (f) of this section, as
applicable, except that the emission reduction or limit achieved shall
be the emission reduction or limit specified for the control device(s)
in paragraph (e)(2) of this section.
    (f) Control device requirements for small glycol dehydration units.
(1) The control device used to meet BTEX the emission limit calculated
in Sec. 63.765(b)(1)(iii) shall be one of the control devices specified
in paragraphs (f)(1)(i) through (iii) of this section.
    (i) An enclosed combustion device (e.g., thermal vapor incinerator,
catalytic vapor incinerator, boiler, or process heater) that is designed
and operated to meet the levels specified in paragraphs (f)(1)(i)(A) or
(B) of this section. 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.
    (A) The mass content of BTEX in the gases vented to the device is
reduced as determined in accordance with the requirements of
Sec. 63.772(e).
    (B) The concentration of either TOC or total HAP in the exhaust
gases at the outlet of the device is reduced to a level equal to or less
than 20 parts per million by volume on a dry basis corrected to 3
percent oxygen as determined in accordance with the requirements of
Sec. 63.772(e).
    (ii) A vapor recovery device (e.g., carbon adsorption system or
condenser) or other non-destructive control device that is designed and
operated to reduce the mass content of BTEX in the gases vented to the
device as determined in accordance with the requirements of
Sec. 63.772(e).
    (iii) A flare, as defined in Sec. 63.761, that is designed and
operated in accordance with the requirements of Sec. 63.11(b).
    (2) The owner or operator shall operate each control device in
accordance with the requirements specified in paragraphs (f)(2)(i) and
(ii) of this section.
    (i) Each control device used to comply with this subpart shall be
operating at all times. An owner or operator may vent more than one unit
to a control device used to comply with this subpart.
    (ii) For each control device monitored in accordance with the
requirements of Sec. 63.773(d), the owner or operator shall demonstrate
compliance according to the requirements of either Sec. 63.772(f) or
(h).
    (3) For each carbon adsorption system used as a control device to
meet the requirements of paragraph (f)(1)(ii) of this section, the owner
or operator shall manage the carbon as required under (d)(5)(i) and (ii)
of this section.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34552, June 29, 2001;
68 FR 37353, June 23, 2003; 77 FR 49572, Aug. 16, 2012]



Sec. 63.772  Test methods, compliance procedures, and compliance
demonstrations.

    (a) Determination of material VHAP or HAP concentration to determine
the applicability of the equipment leak standards under this subpart
(Sec. 63.769). Each piece of ancillary equipment and compressors are
presumed to be in VHAP service or in wet gas service unless an owner or
operator demonstrates that

[[Page 250]]

the piece of equipment is not in VHAP service or in wet gas service.
    (1) For a piece of ancillary equipment and compressors to be
considered not in VHAP service, it must be determined that the percent
VHAP content can be reasonably expected never to exceed 10.0 percent by
weight. For the purposes of determining the percent VHAP content of the
process fluid that is contained in or contacts a piece of ancillary
equipment or compressor, you shall use the method in either paragraph
(a)(1)(i) or paragraph (a)(1)(ii) of this section.
    (i) Method 18 of 40 CFR part 60, appendix A, or
    (ii) ASTM D6420-99 (2004), Standard Test Method for Determination of
Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass
Spectrometry (incorporated by reference--see Sec. 63.14), provided that
the provisions of paragraphs (a)(1)(ii)(A) through (D) of this section
are followed:
    (A) The target compound(s) are those listed in section 1.1 of ASTM
D6420-99 (2004);
    (B) The target concentration is between 150 parts per billion by
volume and 100 parts per million by volume;
    (C) For target compound(s) not listed in Table 1.1 of ASTM D6420-99
(2004), but potentially detected by mass spectrometry, the additional
system continuing calibration check after each run, as detailed in
section 10.5.3 of ASTM D6420-99 (2004), is conducted, met, documented,
and submitted with the data report, even if there is no moisture
condenser used or the compound is not considered water soluble; and
    (D) For target compound(s) not listed in Table 1.1 of ASTM D6420-99
(2004), and not amenable to detection by mass spectrometry, ASTM D6420-
99 (2004) may not be used.
    (2) For a piece of ancillary equipment and compressors to be
considered in wet gas service, it must be determined that it contains or
contacts the field gas before the extraction of natural gas liquids.
    (b) Determination of glycol dehydration unit flowrate, benzene
emissions, or BTEX emissions. The procedures of this paragraph shall be
used by an owner or operator to determine glycol dehydration unit
natural gas flowrate, benzene emissions, or BTEX emissions.
    (1) The determination of actual flowrate of natural gas to a glycol
dehydration unit shall be made using the procedures of either paragraph
(b)(1)(i) or (b)(1)(ii) of this section.
    (i) The owner or operator shall install and operate a monitoring
instrument that directly measures natural gas flowrate to the glycol
dehydration unit with an accuracy of plus or minus 2 percent or better.
The owner or operator shall convert annual natural gas flowrate to a
daily average by dividing the annual flowrate by the number of days per
year the glycol dehydration unit processed natural gas.
    (ii) The owner or operator shall document, to the Administrator's
satisfaction, the actual annual average natural gas flowrate to the
glycol dehydration unit.
    (2) The determination of actual average benzene or BTEX emissions
from a glycol dehydration unit shall be made using the procedures of
either paragraph (b)(2)(i) or (ii) of this section. Emissions shall be
determined either uncontrolled, or with federally enforceable controls
in place.
    (i) The owner or operator shall determine actual average benzene or
BTEX emissions using the model GRI-GLYCalc\TM\, Version 3.0 or higher,
and the procedures presented in the associated GRI-GLYCalc\TM\ Technical
Reference Manual. Inputs to the model shall be representative of actual
operating conditions of the glycol dehydration unit and may be
determined using the procedures documented in the Gas Research Institute
(GRI) report entitled ``Atmospheric Rich/Lean Method for Determining
Glycol Dehydrator Emissions'' (GRI-95/0368.1); or
    (ii) The owner or operator shall determine an average mass rate of
benzene or BTEX emissions in kilograms per hour through direct
measurement using the methods in Sec. 63.772(a)(1)(i) or (ii), or an
alternative method according to Sec. 63.7(f). Annual emissions in
kilograms per year shall be determined by multiplying the mass rate by
the number of hours the unit is operated per year. This result shall be
converted to megagrams per year.

[[Page 251]]

    (c) No detectable emissions test procedure. (1) The no detectable
emissions test procedure shall be conducted in accordance with Method
21, 40 CFR part 60, appendix A.
    (2) The detection instrument shall meet the performance criteria of
Method 21, 40 CFR part 60, appendix A, except that the instrument
response factor criteria in section 3.1.2(a) of Method 21 shall be for
the average composition of the fluid and not for each individual organic
compound in the stream.
    (3) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21, 40 CFR part 60,
appendix A.
    (4) Calibration gases shall be as follows:
    (i) Zero air (less than 10 parts per million by volume hydrocarbon
in air); and
    (ii) A mixture of methane in air at a concentration less than 10,000
parts per million by volume.
    (5) An owner or operator may choose to adjust or not adjust the
detection instrument readings to account for the background organic
concentration level. If an owner or operator chooses to adjust the
instrument readings for the background level, the background level value
must be determined according to the procedures in Method 21 of 40 CFR
part 60, appendix A.
    (6)(i) Except as provided in paragraph (c)(6)(ii) of this section,
the detection instrument shall meet the performance criteria of Method
21 of 40 CFR part 60, appendix A, except the instrument response factor
criteria in section 3.1.2(a) of Method 21 shall be for the average
composition of the process fluid, not each individual volatile organic
compound in the stream. For process streams that contain nitrogen, air,
or other inert gases that are not organic hazardous air pollutants or
volatile organic compounds, the average stream response factor shall be
calculated on an inert-free basis.
    (ii) If no instrument is available at the facility that will meet
the performance criteria specified in paragraph (c)(6)(i) of this
section, the instrument readings may be adjusted by multiplying by the
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (c)(6)(i) of this section.
    (7) An owner or operator must determine if a potential leak
interface operates with no detectable emissions using the applicable
procedure specified in paragraph (c)(7)(i) or (c)(7)(ii) of this
section.
    (i) If an owner or operator chooses not to adjust the detection
instrument readings for the background organic concentration level, then
the maximum organic concentration value measured by the detection
instrument is compared directly to the applicable value for the
potential leak interface as specified in paragraph (c)(8) of this
section.
    (ii) If an owner or operator chooses to adjust the detection
instrument readings for the background organic concentration level, the
value of the arithmetic difference between the maximum organic
concentration value measured by the instrument and the background
organic concentration value as determined in paragraph (c)(5) of this
section is compared with the applicable value for the potential leak
interface as specified in paragraph (c)(8) of this section.
    (8) A potential leak interface is determined to operate with no
detectable organic emissions if the organic concentration value
determined in paragraph (c)(7) of this section, is less than 500 parts
per million by volume.
    (d) Test procedures and compliance demonstrations for small glycol
dehydration units. This paragraph applies to the test procedures for
small dehydration units.
    (1) If the owner or operator is using a control device to comply
with the emission limit in Sec. 63.765(b)(1)(iii), the requirements of
paragraph (e) of this section apply. Compliance is demonstrated using
the methods specified in paragraph (f) of this section.
    (2) If no control device is used to comply with the emission limit
in Sec. 63.765(b)(1)(iii), the owner or operator must determine the
glycol dehydration unit BTEX emissions as specified in paragraphs
(d)(2)(i) through (iii) of this section. Compliance is demonstrated if
the BTEX emissions determined as specified in paragraphs (d)(2)(i)
through (iii) are less than the emission limit

[[Page 252]]

calculated using the equation in Sec. 63.765(b)(1)(iii).
    (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites at the outlet of the
glycol dehydration unit process vent. Any references to particulate
mentioned in Methods 1 and 1A do not apply to this section.
    (ii) The gas volumetric flowrate shall be determined using Method 2,
2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate.
    (iii) The BTEX emissions from the outlet of the glycol dehydration
unit process vent shall be determined using the procedures specified in
paragraph (e)(3)(v) of this section. As an alternative, the mass rate of
BTEX at the outlet of the glycol dehydration unit process vent may be
calculated using the model GRI-GLYCalc\TM\, Version 3.0 or higher, and
the procedures presented in the associated GRI-GLYCalc\TM\ Technical
Reference Manual. Inputs to the model shall be representative of actual
operating conditions of the glycol dehydration unit and shall be
determined using the procedures documented in the Gas Research Institute
(GRI) report entitled ``Atmospheric Rich/Lean Method for Determining
Glycol Dehydrator Emissions'' (GRI-95/0368.1). When the BTEX mass rate
is calculated for glycol dehydration units using the model GRI-
GLYCalc\TM\, all BTEX measured by Method 18, 40 CFR part 60, appendix A,
shall be summed.
    (e) Control device performance test procedures. This paragraph
applies to the performance testing of control devices. The owners or
operators shall demonstrate that a control device achieves the
performance requirements of Sec. 63.771(d)(1), (e)(3)(ii) or (f)(1)
using a performance test as specified in paragraph (e)(3) of this
section. Owners or operators using a condenser have the option to use a
design analysis as specified in paragraph (e)(4) of this section. The
owner or operator may elect to use the alternative procedures in
paragraph (e)(5) of this section for performance testing of a condenser
used to control emissions from a glycol dehydration unit process vent.
Flares shall meet the provisions in paragraph (e)(2) of this section. As
an alternative to conducting a performance test under this section for
combustion control devices, a control device that can be demonstrated to
meet the performance requirements of Sec. 63.771(d)(1), (e)(3)(ii) or
(f)(1) through a performance test conducted by the manufacturer, as
specified in paragraph (h) of this section, can be used.
    (1) The following control devices are exempt from the requirements
to conduct performance tests and design analyses under this section:
    (i) Except as specified in paragraph (e)(2) of this section, a
flare, as defined in Sec. 63.761, that is designed and operated in
accordance with Sec. 63.11(b);
    (ii) Except for control devices used for small glycol dehydration
units, a boiler or process heater with a design heat input capacity of
44 megawatts or greater;
    (iii) Except for control devices used for small glycol dehydration
units, a boiler or process heater into which the vent stream is
introduced with the primary fuel or is used as the primary fuel;
    (iv) Except for control devices used for small glycol dehydration
units, a boiler or process heater burning hazardous waste for which the
owner or operator has either been issued a final permit under 40 CFR
part 270 and complies with the requirements of 40 CFR part 266, subpart
H; or has certified compliance with the interim status requirements of
40 CFR part 266, subpart H;
    (v) Except for control devices used for small glycol dehydration
units, a hazardous waste incinerator for which the owner or operator has
been issued a final permit under 40 CFR part 270 and complies with the
requirements of 40 CFR part 264, subpart O; or has certified compliance
with the interim status requirements of 40 CFR part 265, subpart O.
    (vi) A control device for which a performance test was conducted for
determining compliance with a regulation promulgated by the EPA and the
test was conducted using the same methods specified in this section and
either no process changes have been made since the test, or the owner or
operator can demonstrate that the results of the

[[Page 253]]

performance test, with or without adjustments, reliably demonstrate
compliance despite process changes.
    (2) An owner or operator shall design and operate each flare, as
defined in Sec. 63.761, in accordance with the requirements specified in
Sec. 63.11(b) and the compliance determination shall be conducted using
Method 22 of 40 CFR part 60, appendix A, to determine visible emissions.
    (3) For a performance test conducted to demonstrate that a control
device meets the requirements of Sec. 63.771(d)(1), (e)(3)(ii) or
(f)(1), the owner or operator shall use the test methods and procedures
specified in paragraphs (e)(3)(i) through (v) of this section. The
initial and periodic performance tests shall be conducted according to
the schedule specified in paragraph (e)(3)(vi) of this section.
    (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate,
shall be used for selection of the sampling sites in paragraphs
(e)(3)(i)(A) and (B) of this section. Any references to particulate
mentioned in Methods 1 and 1A do not apply to this section.
    (A) To determine compliance with the control device percent
reduction requirement specified in Sec. 63.771(d)(1)(i)(A), (d)(1)(ii)
or (e)(3)(ii), sampling sites shall be located at the inlet of the first
control device, and at the outlet of the final control device.
    (B) To determine compliance with the enclosed combustion device
total HAP concentration limit specified in Sec. 63.771(d)(1)(i)(B), or
the BTEX emission limit specified in Sec. 63.765(b)(1)(iii) the sampling
site shall be located at the outlet of the combustion device.
    (ii) The gas volumetric flowrate shall be determined using Method 2,
2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate.
    (iii) To determine compliance with the control device percent
reduction performance requirement in Sec. 63.771(d)(1)(i)(A),
(d)(1)(ii), and (e)(3)(ii), the owner or operator shall use one of the
following methods: Method 18, 40 CFR part 60, appendix A; Method 25A, 40
CFR part 60, appendix A; ASTM D6420-99 (2004), as specified in
Sec. 63.772(a)(1)(ii); or any other method or data that have been
validated according to the applicable procedures in Method 301, 40 CFR
part 63, appendix A. The following procedures shall be used to calculate
percent reduction efficiency:
    (A) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or a minimum of four grab samples shall be
taken. If grab sampling is used, then the samples shall be taken at
approximately equal intervals in time, such as 15-minute intervals
during the run.
    (B) The mass rate of either TOC (minus methane and ethane) or total
HAP (Ei, Eo) shall be computed using the equations
and procedures specified in paragraphs (e)(3)(iii)(B)(1) through (3) of
this section. As an alternative, the mass rate of either TOC (minus
methane and ethane) or total HAP at the inlet of the control device
(Ei) may be calculated using the procedures specified in
paragraph (e)(3)(iii)(B)(4) of this section.
    (1) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR29JN01.025

Where:

Cij, Coj = Concentration of sample component j of
          the gas stream at the inlet and outlet of the control device,
          respectively, dry basis, parts per million by volume.
Ei, Eo = Mass rate of TOC (minus methane and
          ethane) or total HAP at the inlet and outlet of the control
          device, respectively, dry basis, kilogram per hour.
Mij, Moj = Molecular weight of sample component j
          of the gas stream at the inlet and outlet of the control
          device, respectively, gram/gram-mole.
Qi, Qo = Flowrate of gas stream at the inlet and
          outlet of the control device, respectively, dry standard cubic
          meter per minute.
K2 = Constant, 2.494x10-6 (parts per million)
          (gram-mole per standard cubic meter) (kilogram/gram) (minute/
          hour), where standard temperature (gram-mole per standard
          cubic meter) is 20  deg.C.
n = Number of components in sample.


[[Page 254]]


    (2) When the TOC mass rate is calculated, all organic compounds
(minus methane and ethane) measured by Method 18, 40 CFR part 60,
appendix A, or Method 25A, 40 CFR part 60, appendix A, or ASTM D6420-99
(2004) as specified in Sec. 63.772(a)(1)(ii), shall be summed using the
equations in paragraph (e)(3)(iii)(B)(1) of this section.
    (3) When the total HAP mass rate is calculated, only HAP chemicals
listed in Table 1 of this subpart shall be summed using the equations in
paragraph (e)(3)(iii)(B)(1) of this section.
    (4) As an alternative to the procedures for calculating
Ei specified in paragraph (e)(3)(iii)(B)(1) of this section,
the owner or operator may use the model GRI-GLYCalc\TM\, Version 3.0 or
higher, and the procedures presented in the associated GRI-GLYCalc\TM\
Technical Reference Manual. Inputs to the model shall be representative
of actual operating conditions of the glycol dehydration unit and shall
be determined using the procedures documented in the Gas Research
Institute (GRI) report entitled ``Atmospheric Rich/Lean Method for
Determining Glycol Dehydrator Emissions'' (GRI-95/0368.1). When the TOC
mass rate is calculated for glycol dehydration units using the model
GRI-GLYCalc\TM\, all organic compounds (minus methane and ethane)
measured by Method 18, 40 CFR part 60, appendix A, or Method 25A, 40 CFR
part 60, appendix A, shall be summed. When the total HAP mass rate is
calculated for glycol dehydration units using the model GRI-GLYCalc\TM\,
only HAP chemicals listed in Table 1 of this subpart shall be summed.
    (C) The percent reduction in TOC (minus methane and ethane) or total
HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17JN99.002

Where:

Rcd = Control efficiency of control device, percent.
Ei = Mass rate of TOC (minus methane and ethane) or total HAP
          at the inlet to the control device as calculated under
          paragraph (e)(3)(iii)(B) of this section, kilograms TOC per
          hour or kilograms HAP per hour.
Eo = Mass rate of TOC (minus methane and ethane) or total HAP
          at the outlet of the control device, as calculated under
          paragraph (e)(3)(iii)(B) of this section, kilograms TOC per
          hour or kilograms HAP per hour.

    (D) If the vent stream entering a boiler or process heater with a
design capacity less than 44 megawatts is introduced with the combustion
air or as a secondary fuel, the weight-percent reduction of total HAP or
TOC (minus methane and ethane) across the device shall be determined by
comparing the TOC (minus methane and ethane) or total HAP in all
combusted vent streams and primary and secondary fuels with the TOC
(minus methane and ethane) or total HAP exiting the device,
respectively.
    (iv) To determine compliance with the enclosed combustion device
total HAP concentration limit specified in Sec. 63.771(d)(1)(i)(B), the
owner or operator shall use one of the following methods to measure
either TOC (minus methane and ethane) or total HAP: Method 18, 40 CFR
part 60, appendix A; Method 25A, 40 CFR part 60, appendix A; ASTM D6420-
99 (2004), as specified in Sec. 63.772(a)(1)(ii), or any other method or
data that have been validated according to Method 301 of appendix A of
this part. The following procedures shall be used to calculate parts per
million by volume concentration, corrected to 3 percent oxygen:
    (A) The minimum sampling time for each run shall be 1 hour, in which
either an integrated sample or a minimum of four grab samples shall be
taken. If grab sampling is used, then the samples shall be taken at
approximately equal intervals in time, such as 15-minute intervals
during the run.
    (B) The TOC concentration or total HAP concentration shall be
calculated according to paragraph (e)(3)(iv)(B)(1) or (e)(3)(iv)(B)(2)
of this section.
    (1) The TOC concentration is the sum of the concentrations of the
individual components and shall be computed for each run using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR17JN99.003


[[Page 255]]


Where:

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

    (2) The total HAP concentration shall be computed according to the
equation in paragraph (e)(3)(iv)(B)(1) of this section, except that only
HAP chemicals listed in Table 1 of this subpart shall be summed.
    (C) The TOC concentration or total HAP concentration shall be
corrected to 3 percent oxygen as follows:
    (1) The emission rate correction factor for excess air, integrated
sampling and analysis procedures of Method 3A or 3B, 40 CFR part 60,
appendix A, ASTM D6522-00 (Reapproved 2005), or ANSI/ASME PTC 19.10-
1981, Part 10 (manual portion only) (incorporated by reference as
specified in Sec. 63.14) shall be used to determine the oxygen
concentration. The samples shall be taken during the same time that the
samples are taken for determining TOC concentration or total HAP
concentration.
    (2) The TOC or HAP concentration shall be corrected for percent
oxygen by using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17JN99.004

Where:

Cc = TOC concentration or total HAP concentration corrected
          to 3 percent oxygen, dry basis, parts per million by volume.
Cm = TOC concentration or total HAP concentration, dry basis,
          parts per million by volume.
%O2d = Concentration of oxygen, dry basis, percent by volume.

    (v) To determine compliance with the BTEX emission limit specified
in Sec. 63.765(b)(1)(iii) the owner or operator shall use one of the
following methods: Method 18, 40 CFR part 60, appendix A; ASTM D6420-99
(Reapproved 2004), as specified in Sec. 63.772(a)(1)(ii) (incorporated
by reference as specified in Sec. 63.14); or any other method or data
that have been validated according to the applicable procedures in
Method 301, 40 CFR part 63, appendix A. The following procedures shall
be used to calculate BTEX emissions:
    (A) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or a minimum of four grab samples shall be
taken. If grab sampling is used, then the samples shall be taken at
approximately equal intervals in time, such as 15-minute intervals
during the run.
    (B) The mass rate of BTEX (Eo) shall be computed using
the equations and procedures specified in paragraphs (e)(3)(v)(B)(1) and
(2) of this section.
    (1) The following equation shall be used:
    [GRAPHIC] [TIFF OMITTED] TR16AU12.011


Where:

Eo = Mass rate of BTEX at the outlet of the control device,
          dry basis, kilogram per hour.
Coj = Concentration of sample component j of the gas stream
          at the outlet of the control device, dry basis, parts per
          million by volume.
Moj = Molecular weight of sample component j of the gas
          stream at the outlet of the control device, gram/gram-mole.
Qo = Flowrate of gas stream at the outlet of the control
          device, dry standard cubic meter per minute.
K2 = Constant, 2.494 x 10-6 (parts per million)
          (gram-mole per standard cubic meter) (kilogram/gram) (minute/
          hour), where standard temperature (gram-mole per standard
          cubic meter) is 20 degrees C.
n = Number of components in sample.

    (2) When the BTEX mass rate is calculated, only BTEX compounds
measured by Method 18, 40 CFR part 60, appendix A, or ASTM D6420-99
(Reapproved 2004) (incorporated by reference as specified in Sec. 63.14)
as specified in Sec. 63.772(a)(1)(ii), shall be summed

[[Page 256]]

using the equations in paragraph (e)(3)(v)(B)(1) of this section.
    (vi) The owner or operator shall conduct performance tests according
to the schedule specified in paragraphs (e)(3)(vi)(A) and (B) of this
section.
    (A) An initial performance test shall be conducted within 180 days
after the compliance date that is specified for each affected source in
Sec. 63.760(f)(7) through (8), except that the initial performance test
for existing combustion control devices (i.e., control devices installed
on or before August 23, 2011) at major sources shall be conducted no
later than October 15, 2015. If the owner or operator of an existing
combustion control device at a major source chooses to replace such
device with a control device whose model is tested under Sec. 63.772(h),
then the newly installed device shall comply with all provisions of this
subpart no later than October 15, 2015. The performance test results
shall be submitted in the Notification of Compliance Status Report as
required in Sec. 63.775(d)(1)(ii).
    (B) Periodic performance tests shall be conducted for all control
devices required to conduct initial performance tests except as
specified in paragraphs (e)(3)(vi)(B)(1) and (2) of this section. The
first periodic performance test shall be conducted no later than 60
months after the initial performance test required in paragraph
(e)(3)(vi)(A) of this section. Subsequent periodic performance tests
shall be conducted at intervals no longer than 60 months following the
previous periodic performance test or whenever a source desires to
establish a new operating limit. The periodic performance test results
must be submitted in the next Periodic Report as specified in
Sec. 63.775(e)(2)(xi). Combustion control devices meeting the criteria
in either paragraph (e)(3)(vi)(B)(1) or (2) of this section are not
required to conduct periodic performance tests.
    (1) A control device whose model is tested under, and meets the
criteria of, Sec. 63.772(h), or
    (2) A combustion control device demonstrating during the performance
test under Sec. 63.772(e) that combustion zone temperature is an
indicator of destruction efficiency and operates at a minimum
temperature of 760 degrees C.
    (4) For a condenser design analysis conducted to meet the
requirements of Sec. 63.771(d)(1), (e)(3)(ii), or (f)(1), the owner or
operator shall meet the requirements specified in paragraphs (e)(4)(i)
and (ii) of this section. Documentation of the design analysis shall be
submitted as a part of the Notification of Compliance Status Report as
required in Sec. 63.775(d)(1)(i).
    (i) The condenser design analysis shall include an analysis of the
vent stream composition, constituent concentrations, flowrate, relative
humidity, and temperature, and shall establish the design outlet organic
compound concentration level, design average temperature of the
condenser exhaust vent stream, and the design average temperatures of
the coolant fluid at the condenser inlet and outlet. As an alternative
to the condenser design analysis, an owner or operator may elect to use
the procedures specified in paragraph (e)(5) of this section.
    (ii) If the owner or operator and the Administrator do not agree on
a demonstration of control device performance using a design analysis
then the disagreement shall be resolved using the results of a
performance test performed by the owner or operator in accordance with
the requirements of paragraph (e)(3) of this section. The Administrator
may choose to have an authorized representative observe the performance
test.
    (5) As an alternative to the procedures in paragraph (e)(4)(i) of
this section, an owner or operator may elect to use the procedures
documented in the GRI report entitled, ``Atmospheric Rich/Lean Method
for Determining Glycol Dehydrator Emissions'' (GRI-95/0368.1) as inputs
for the model GRI-GLYCalc\TM\, Version 3.0 or higher, to generate a
condenser performance curve.
    (f) Compliance demonstration for control device performance
requirements. This paragraph applies to the demonstration of compliance
with the control device performance requirements specified in
Sec. 63.771(d)(1)(i), (e)(3), and (f)(1). Compliance shall be
demonstrated using the requirements in paragraphs (f)(1) through (3) of
this section. As an alternative, an owner or operator that installs a
condenser as the

[[Page 257]]

control device to achieve the requirements specified in
Sec. 63.771(d)(1)(ii), (e)(3), or (f)(1) may demonstrate compliance
according to paragraph (g) of this section. An owner or operator may
switch between compliance with paragraph (f) of this section and
compliance with paragraph (g) of this section only after at least 1 year
of operation in compliance with the selected approach. Notification of
such a change in the compliance method shall be reported in the next
Periodic Report, as required in Sec. 63.775(e), following the change.
    (1) The owner or operator shall establish a site specific maximum or
minimum monitoring parameter value (as appropriate) according to the
requirements of Sec. 63.773(d)(5)(i).
    (2) The owner or operator shall calculate the daily average of the
applicable monitored parameter in accordance with Sec. 63.773(d)(4)
except that the inlet gas flowrate to the control device shall not be
averaged.
    (3) Compliance with the operating parameter limit is achieved when
the daily average of the monitoring parameter value calculated under
paragraph (f)(2) of this section is either equal to or greater than the
minimum or equal to or less than the maximum monitoring value
established under paragraph (f)(1) of this section. For inlet gas
flowrate, compliance with the operating parameter limit is achieved when
the value is equal to or less than the value established under
Sec. 63.772(h) or under the performance test conducted under
Sec. 63.772(e), as applicable.
    (4) 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, system accuracy audits and required zero and span
adjustments), the CMS required in Sec. 63.773(d) must be operated at all
times the affected source is operating. A monitoring system malfunction
is any sudden, infrequent, not reasonably preventable failure of the
monitoring system to provide valid data. Monitoring system failures that
are caused in part by poor maintenance or careless operation are not
malfunctions. Monitoring system repairs are required to be completed in
response to monitoring system malfunctions and to return the monitoring
system to operation as expeditiously as practicable.
    (5) Data recorded during monitoring system malfunctions, repairs
associated with monitoring system malfunctions, or required monitoring
system quality assurance or control activities may not be used in
calculations used to report emissions or operating levels. All the data
collected during all other required data collection periods must be used
in assessing the operation of the control device and associated control
system.
    (6) Except for periods of monitoring system malfunctions, repairs
associated with monitoring system malfunctions, and required quality
monitoring system quality assurance or quality control activities
(including, as applicable, system accuracy audits and required zero and
span adjustments), failure to collect required data is a deviation of
the monitoring requirements.
    (g) Compliance demonstration with percent reduction or emission
limit performance requirements--condensers. This paragraph applies to
the demonstration of compliance with the performance requirements
specified in Sec. 63.771(d)(1)(ii), (e)(3), or (f)(1) for condensers.
Compliance shall be demonstrated using the procedures in paragraphs
(g)(1) through (3) of this section.
    (1) The owner or operator shall establish a site-specific condenser
performance curve according to Sec. 63.773(d)(5)(ii). For sources
required to meet the BTEX limit in accordance with Sec. 63.771(e) or
(f)(1) the owner or operator shall identify the minimum percent
reduction necessary to meet the BTEX limit.
    (2) Compliance with the requirements in Sec. 63.771(d)(1)(ii),
(e)(3), or (f)(1) shall be demonstrated by the procedures in paragraphs
(g)(2)(i) through (iii) of this section.
    (i) The owner or operator must calculate the daily average condenser
outlet temperature in accordance with Sec. 63.773(d)(4).
    (ii) The owner or operator shall determine the condenser efficiency
for the current operating day using the daily average condenser outlet
temperature calculated under paragraph

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(g)(2)(i) of this section and the condenser performance curve
established under paragraph (g)(1) of this section.
    (iii) Except as provided in paragraphs (g)(2)(iii)(A) and (B) of
this section, at the end of each operating day, the owner or operator
shall calculate the 365-day average HAP, or BTEX, emission reduction, as
appropriate, from the condenser efficiencies as determined in paragraph
(g)(2)(ii) of this section for the preceding 365 operating days. If the
owner or operator uses a combination of process modifications and a
condenser in accordance with the requirements of Sec. 63.771(e), the
365-day average HAP, or BTEX, emission reduction shall be calculated
using the emission reduction achieved through process modifications and
the condenser efficiency as determined in paragraph (g)(2)(ii) of this
section, both for the previous 365 operating days.
    (A) After the compliance dates specified in Sec. 63.760(f), an owner
or operator with less than 120 days of data for determining average HAP,
or BTEX, emission reduction, as appropriate, shall calculate the average
HAP, or BTEX emission reduction, as appropriate, for the first 120 days
of operation after the compliance dates. For sources required to meet
the overall 95.0 percent reduction requirement, compliance is achieved
if the 120-day average HAP emission reduction is equal to or greater
than 90.0 percent. For sources required to meet the BTEX limit under
Sec. 63.765(b)(1)(iii), compliance is achieved if the average BTEX
emission reduction is at least 95.0 percent of the required 365-day
value identified under paragraph (g)(1) of this section (i.e., at least
76.0 percent if the 365-day design value is 80.0 percent).
    (B) After 120 days and no more than 364 days of operation after the
compliance dates specified in Sec. 63.760(f), the owner or operator
shall calculate the average HAP emission reduction as the HAP emission
reduction averaged over the number of days between the current day and
the applicable compliance date. For sources required to meet the overall
95.0-percent reduction requirement, compliance with the performance
requirements is achieved if the average HAP emission reduction is equal
to or greater than 90.0 percent. For sources required to meet the BTEX
limit under Sec. 63.765(b)(1)(iii), compliance is achieved if the
average BTEX emission reduction is at least 95.0 percent of the required
365-day value identified under paragraph (g)(1) of this section (i.e.,
at least 76.0 percent if the 365-day design value is 80.0 percent).
    (3) If the owner or operator has data for 365 days or more of
operation, compliance is achieved based on the applicable criteria in
paragraphs (g)(3)(i) or (ii) of this section.
    (i) For sources meeting the HAP emission reduction specified in
Sec. 63.771(d)(1)(ii) or (e)(3) the average HAP emission reduction
calculated in paragraph (g)(2)(iii) of this section is equal to or
greater than 95.0 percent.
    (ii) For sources required to meet the BTEX limit under
Sec. 63.771(e)(3) or (f)(1), compliance is achieved if the average BTEX
emission reduction calculated in paragraph (g)(2)(iii) of this section
is equal to or greater than the minimum percent reduction identified in
paragraph (g)(1) of this section.
    (h) Performance testing for combustion control devices--
manufacturers' performance test. (1) This paragraph applies to the
performance testing of a combustion control device conducted by the
device manufacturer. The manufacturer shall demonstrate that a specific
model of control device achieves the performance requirements in
paragraph (h)(7) of this section by conducting a performance test as
specified in paragraphs (h)(2) through (6) of this section.
    (2) Performance testing shall consist of three one-hour (or longer)
test runs for each of the four following firing rate settings making a
total of 12 test runs per test. Propene (propylene) gas shall be used
for the testing fuel. All fuel analyses shall be performed by an
independent third-party laboratory (not affiliated with the control
device manufacturer or fuel supplier).
    (i) 90-100 percent of maximum design rate (fixed rate).
    (ii) 70-100-70 percent (ramp up, ramp down). Begin the test at 70
percent of the maximum design rate. During the first 5 minutes,
incrementally ramp the firing rate to 100 percent of the maximum design
rate. Hold at 100 percent for 5 minutes. In the 10-15 minute

[[Page 259]]

time range, incrementally ramp back down to 70 percent of the maximum
design rate. Repeat three more times for a total of 60 minutes of
sampling.
    (iii) 30-70-30 percent (ramp up, ramp down). Begin the test at 30
percent of the maximum design rate. During the first 5 minutes,
incrementally ramp the firing rate to 70 percent of the maximum design
rate. Hold at 70 percent for 5 minutes. In the 10-15 minute time range,
incrementally ramp back down to 30 percent of the maximum design rate.
Repeat three more times for a total of 60 minutes of sampling.
    (iv) 0-30-0 percent (ramp up, ramp down). Begin the test at 0
percent of the maximum design rate. During the first 5 minutes,
incrementally ramp the firing rate to 30 percent of the maximum design
rate. Hold at 30 percent for 5 minutes. In the 10-15 minute time range,
incrementally ramp back down to 0 percent of the maximum design rate.
Repeat three more times for a total of 60 minutes of sampling.
    (3) All models employing multiple enclosures shall be tested
simultaneously and with all burners operational. Results shall be
reported for the each enclosure individually and for the average of the
emissions from all interconnected combustion enclosures/chambers.
Control device operating data shall be collected continuously throughout
the performance test using an electronic Data Acquisition System and
strip chart. Data shall be submitted with the test report in accordance
with paragraph (h)(8)(iii) of this section.
    (4) Inlet gas testing shall be conducted as specified in paragraphs
(h)(4)(i) through (iii) of this section.
    (i) The inlet gas flow metering system shall be located in
accordance with Method 2A, 40 CFR part 60, appendix A-1, (or other
approved procedure) to measure inlet gas flowrate at the control device
inlet location. The fitting for filling inlet gas sample containers
shall be located a minimum of 8 pipe diameters upstream of any inlet gas
flow monitoring meter.
    (ii) Inlet gas flowrate shall be determined using Method 2A, 40 CFR
part 60, appendix A-1. Record the start and stop reading for each 60-
minute THC test. Record the inlet gas pressure and temperature at 5-
minute intervals throughout each 60-minute THC test.
    (iii) Inlet gas fuel sampling shall be conducted in accordance with
the criteria in paragraphs (h)(4)(iii)(A) and (B) of this section.
    (A) At the inlet gas sampling location, securely connect a Silonite-
coated stainless steel evacuated canister fitted with a flow controller
sufficient to fill the canister over a 3 hour period. Filling shall be
conducted as specified in the following:
    (1) Open the canister sampling valve at the beginning of the total
hydrocarbon (THC) test, and close the canister at the end of each THC
run.
    (2) Fill one canister across the three test runs for each THC test
such that one composite fuel sample exists for each test condition.
    (3) Label the canisters individually and record on a chain of
custody form.
    (B) Each inlet gas sample shall be analyzed using the following
methods. The results shall be included in the test report.
    (1) Hydrocarbon compounds containing between one and five atoms of
carbon plus benzene using ASTM D1945-03 (Reapproved 2010) (incorporated
by reference as specified in Sec. 63.14).
    (2) Hydrogen (H2), carbon monoxide (CO), carbon dioxide
(CO2), nitrogen (N2), oxygen (O2) using
ASTM D1945-03 (Reapproved 2010) (incorporated by reference as specified
in Sec. 63.14).
    (3) Higher heating value using ASTM D3588-98 (Reapproved 2003) or
ASTM D4891-89 (Reapproved 2006) (incorporated by reference as specified
in Sec. 63.14).
    (5) Outlet testing shall be conducted in accordance with the
criteria in paragraphs (h)(5)(i) through (v) of this section.
    (i) Sampling and flowrate measured in accordance with the following:
    (A) The outlet sampling location shall be a minimum of 4 equivalent
stack diameters downstream from the highest peak flame or any other flow
disturbance, and a minimum of one equivalent stack diameter upstream of
the exit or any other flow disturbance. A minimum of two sample ports
shall be used.

[[Page 260]]

    (B) Flowrate shall be measured using Method 1, 40 CFR part 60,
Appendix 1, for determining flow measurement traverse point location;
and Method 2, 40 CFR part 60, Appendix 1, shall be used to measure duct
velocity. If low flow conditions are encountered (i.e., velocity
pressure differentials less than 0.05 inches of water) during the
performance test, a more sensitive manometer or other pressure
measurement device shall be used to obtain an accurate flow profile.
    (ii) Molecular weight shall be determined as specified in paragraphs
(h)(4)(iii)(B) and (h)(5)(ii)(A) and (B) of this section.
    (A) An integrated bag sample shall be collected during the Method 4,
40 CFR part 60, Appendix A, moisture test. Analyze the bag sample using
a gas chromatograph-thermal conductivity detector (GC-TCD) analysis
meeting the following criteria:
    (1) Collect the integrated sample throughout the entire test, and
collect representative volumes from each traverse location.
    (2) The sampling line shall be purged with stack gas before opening
the valve and beginning to fill the bag.
    (3) The bag contents shall be vigorously mixed prior to the GC
analysis.
    (4) The GC-TCD calibration procedure in Method 3C, 40 CFR part 60,
Appendix A, shall be modified by using EPAAlt-045 as follows: For the
initial calibration, triplicate injections of any single concentration
must agree within 5 percent of their mean to be valid. The calibration
response factor for a single concentration re-check must be within 10
percent of the original calibration response factor for that
concentration. If this criterion is not met, the initial calibration
using at least three concentration levels shall be repeated.
    (B) Report the molecular weight of: O2, CO2,
methane (CH4), and N2 and include in the test report
submitted under Sec. 63.775(d)(iii). Moisture shall be determined using
Method 4, 40 CFR part 60, Appendix A. Traverse both ports with the
Method 4, 40 CFR part 60, Appendix A, sampling train during each test
run. Ambient air shall not be introduced into the Method 3C, 40 CFR part
60, Appendix A, integrated bag sample during the port change.
    (iii) Carbon monoxide shall be determined using Method 10, 40 CFR
part 60, Appendix A, or ASTM D6522-00 (Reapproved 2005), (incorporated
by reference as specified in Sec. 63.14). The test shall be run at the
same time and with the sample points used for the EPA Method 25A, 40 CFR
part 60, Appendix A, testing. An instrument range of 0-10 per million by
volume-dry (ppmvd) shall be used.
    (iv) Visible emissions shall be determined using Method 22, 40 CFR
part 60, Appendix A. The test shall be performed continuously during
each test run. A digital color photograph of the exhaust point, taken
from the position of the observer and annotated with date and time, will
be taken once per test run and the four photos included in the test
report.
    (v) Excess air shall be determined using resultant data from the EPA
Method 3C tests and EPA Method 3B, 40 CFR part 60, Appendix A, equation
3B-1 or ANSI/ASME PTC 19.10, 1981-Part 10 (manual portion only)
(incorporated by reference as specified in Sec. 63.14).
    (6) Total hydrocarbons (THC) shall be determined as specified by the
following criteria:
    (i) Conduct THC sampling using Method 25A, 40 CFR part 60, Appendix
A, except the option for locating the probe in the center 10 percent of
the stack shall not be allowed. The THC probe must be traversed to 16.7
percent, 50 percent, and 83.3 percent of the stack diameter during each
test.
    (ii) A valid test shall consist of three Method 25A, 40 CFR part 60,
Appendix A, tests, each no less than 60 minutes in duration.
    (iii) A 0-10 parts per million by volume-wet (ppmvw) (as propane)
measurement range is preferred; as an alternative a 0-30 ppmvw (as
carbon) measurement range may be used.
    (iv) Calibration gases will be propane in air and be certified
through EPA Protocol 1--``EPA Traceability Protocol for Assay and
Certification of Gaseous Calibration Standards,'' September 1997, as
amended August 25, 1999, EPA-600/R-97/121 (or more recent if updated
since 1999).
    (v) THC measurements shall be reported in terms of ppmvw as propane.

[[Page 261]]

    (vi) THC results shall be corrected to 3 percent CO2, as
measured by Method 3C, 40 CFR part 60, Appendix A.
    (vii) Subtraction of methane/ethane from the THC data is not allowed
in determining results.
    (7) Performance test criteria:
    (i) The control device model tested must meet the criteria in
paragraphs (h)(7)(i)(A) through (C) of this section:
    (A) Method 22, 40 CFR part 60, Appendix A, results under paragraph
(h)(5)(v) of this section with no indication of visible emissions, and
    (B) Average Method 25A, 40 CFR part 60, Appendix A, results under
paragraph (h)(6) of this section equal to or less than 10.0 ppmvw THC as
propane corrected to 3.0 percent CO2, and
    (C) Average CO emissions determined under paragraph (h)(5)(iv) of
this section equal to or less than 10 parts ppmvd, corrected to 3.0
percent CO2.
    (D) Excess combustion air shall be equal to or greater than 150
percent.
    (ii) The manufacturer shall determine a maximum inlet gas flowrate
which shall not be exceeded for each control device model to achieve the
criteria in paragraph (h)(7)(i) of this section.
    (iii) A control device meeting the criteria in paragraphs
(h)(7)(i)(A) through (C) of this section will have demonstrated a
destruction efficiency of 95.0 percent for HAP regulated under this
subpart.
    (8) The owner or operator of a combustion control device model
tested under this section shall submit the information listed in
paragraphs (h)(8)(i) through (iii) of this section in the test report
required under Sec. 63.775(d)(1)(iii).
    (i) Full schematic of the control device and dimensions of the
device components.
    (ii) Design net heating value (minimum and maximum) of the device.
    (iii) Test fuel gas flow range (in both mass and volume). Include
the minimum and maximum allowable inlet gas flowrate.
    (iv) Air/stream injection/assist ranges, if used.
    (v) The test parameter ranges listed in paragraphs (h)(8)(v)(A)
through (O) of this section, as applicable for the tested model.
    (A) Fuel gas delivery pressure and temperature.
    (B) Fuel gas moisture range.
    (C) Purge gas usage range.
    (D) Condensate (liquid fuel) separation range.
    (E) Combustion zone temperature range. This is required for all
devices that measure this parameter.
    (F) Excess combustion air range.
    (G) Flame arrestor(s).
    (H) Burner manifold pressure.
    (I) Pilot flame sensor.
    (J) Pilot flame design fuel and fuel usage.
    (K) Tip velocity range.
    (L) Momentum flux ratio.
    (M) Exit temperature range.
    (N) Exit flowrate.
    (O) Wind velocity and direction.
    (vi) The test report shall include all calibration quality
assurance/quality control data, calibration gas values, gas cylinder
certification, and strip charts annotated with test times and
calibration values.
    (i) Compliance demonstration for combustion control devices--
manufacturers' performance test. This paragraph applies to the
demonstration of compliance for a combustion control device tested under
the provisions in paragraph (h) of this section. Owners or operators
shall demonstrate that a control device achieves the performance
requirements of Sec. 63.771(d)(1), (e)(3)(ii) or (f)(1), by installing a
device tested under paragraph (h) of this section and complying with the
following criteria:
    (1) The inlet gas flowrate shall meet the range specified by the
manufacturer. Flowrate shall be calculated as specified in
Sec. 63.773(d)(3)(i)(H)(1).
    (2) A pilot flame shall be present at all times of operation. The
pilot flame shall be monitored in accordance with
Sec. 63.773(d)(3)(i)(H)(2).
    (3) Devices shall be operated with no visible emissions, except for
periods not to exceed a total of 2 minutes during any hour. A visible
emissions test using Method 22, 40 CFR part 60, Appendix A, shall be
performed each calendar quarter. The observation period shall be 1 hour
and shall be conducted according to EPA Method 22, 40 CFR part 60,
Appendix A.

[[Page 262]]

    (4) Compliance with the operating parameter limit is achieved when
the following criteria are met:
    (i) The inlet gas flowrate monitored under paragraph (i)(1) of this
section is equal to or below the maximum established by the
manufacturer; and
    (ii) The pilot flame is present at all times; and
    (iii) During the visible emissions test performed under paragraph
(i)(3) of this section the duration of visible emissions does not exceed
a total of 2 minutes during the observation period. Devices failing the
visible emissions test shall follow manufacturers repair instructions,
if available, or best combustion engineering practice as outlined in the
unit inspection and maintenance plan, to return the unit to compliant
operation. All repairs and maintenance activities for each unit shall be
recorded in a maintenance and repair log and shall be available on site
for inspection.
    (iv) Following return to operation from maintenance or repair
activity, each device must pass a Method 22 visual observation as
described in paragraph (i)(3) of this section.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34552, June 29, 2001;
72 FR 38, Jan. 3, 2007; 77 FR 49573, Aug. 16, 2012]



Sec. 63.773  Inspection and monitoring requirements.

    (a) This section applies to an owner or operator using air emission
controls in accordance with the requirements of Secs. 63.765 and 63.766.
    (b) The owner or operator of a control device whose model was tested
under Sec. 63.772(h) shall develop an inspection and maintenance plan
for each control device. At a minimum, the plan shall contain the
control device manufacturer's recommendations for ensuring proper
operation of the device. Semi-annual inspections shall be conducted for
each control device with maintenance and replacement of control device
components made in accordance with the plan.
    (c) Cover and closed-vent system inspection and monitoring
requirements. (1) For each closed-vent system or cover required to
comply with this section, the owner or operator shall comply with the
requirements of paragraphs (c) (2) through (7) of this section.
    (2) Except as provided in paragraphs (c)(5) and (6) of this section,
each closed-vent system shall be inspected according to the procedures
and schedule specified in paragraphs (c)(2)(i) and (ii) of this section,
each cover shall be inspected according to the procedures and schedule
specified in paragraph (c)(2)(iii) of this section, and each bypass
device shall be inspected according to the procedures of paragraph
(c)(2)(iv) of this section.
    (i) For each closed-vent system joints, seams, or other connections
that are permanently or semi-permanently sealed (e.g., a welded joint
between two sections of hard piping or a bolted and gasketed ducting
flange), the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures
specified in Sec. 63.772(c) to demonstrate that the closed-vent system
operates with no detectable emissions. Inspection results shall be
submitted with the Notification of Compliance Status Report as specified
in Sec. 63.775(d)(1) or (2).
    (B) Conduct annual visual inspections for defects that could result
in air emissions. Defects include, but are not limited to, visible
cracks, holes, or gaps in piping; loose connections; or broken or
missing caps or other closure devices. The owner or operator shall
monitor a component or connection using the procedures in Sec. 63.772(c)
to demonstrate that it operates with no detectable emissions following
any time the component is repaired or replaced or the connection is
unsealed. Inspection results shall be submitted in the Periodic Report
as specified in Sec. 63.775(e)(2)(iii).
    (ii) For closed-vent system components other than those specified in
paragraph (c)(2)(i) of this section, the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures
specified in Sec. 63.772(c) to demonstrate that the closed-vent system
operates with no detectable emissions. Inspection results shall be
submitted with the Notification of Compliance Status Report as specified
in Sec. 63.775(d)(1) or (2).
    (B) Conduct annual inspections according to the procedures specified
in

[[Page 263]]

Sec. 63.772(c) to demonstrate that the components or connections operate
with no detectable emissions. Inspection results shall be submitted in
the Periodic Report as specified in Sec. 63.775(e)(2)(iii).
    (C) Conduct annual visual inspections for defects that could result
in air emissions. Defects include, but are not limited to, visible
cracks, holes, or gaps in ductwork; loose connections; or broken or
missing caps or other closure devices. Inspection results shall be
submitted in the Periodic Report as specified in Sec. 63.775(e)(2)(iii).
    (iii) For each cover, the owner or operator shall:
    (A) Conduct visual inspections for defects that could result in air
emissions. Defects include, but are not limited to, visible cracks,
holes, or gaps in the cover, or between the cover and the separator
wall; broken, cracked, or otherwise damaged seals or gaskets on closure
devices; and broken or missing hatches, access covers, caps, or other
closure devices. In the case where the storage vessel is buried
partially or entirely underground, inspection is required only for those
portions of the cover that extend to or above the ground surface, and
those connections that are on such portions of the cover (e.g., fill
ports, access hatches, gauge wells, etc.) and can be opened to the
atmosphere.
    (B) The inspections specified in paragraph (c)(2)(iii)(A) of this
section shall be conducted initially, following the installation of the
cover. Inspection results shall be submitted with the Notification of
Compliance Status Report as specified in Sec. 63.775(d)(12). Thereafter,
the owner or operator shall perform the inspection at least once every
calendar year, except as provided in paragraphs (c)(5) and (6) of this
section. Annual inspection results shall be submitted in the Periodic
Report as specified in Sec. 63.775(e)(2)(iii).
    (iv) For each bypass device, except as provided for in
Sec. 63.771(c)(3)(ii), the owner or operator shall either:
    (A) At the inlet to the bypass device that could divert the steam
away from the control device to the atmosphere, set the flow indicator
to take a reading at least once every 15 minutes; or
    (B) If the bypass device valve installed at the inlet to the bypass
device is secured in the non-diverting position using a car-seal or a
lock-and-key type configuration, visually inspect the seal or closure
mechanism at least once every month to verify that the valve is
maintained in the non-diverting position and the vent stream is not
diverted through the bypass device.
    (3) In the event that a leak or defect is detected, the owner or
operator shall repair the leak or defect as soon as practicable, except
as provided in paragraph (c)(4) of this section.
    (i) A first attempt at repair shall be made no later than 5 calendar
days after the leak is detected.
    (ii) Repair shall be completed no later than 15 calendar days after
the leak is detected.
    (4) Delay of repair of a closed-vent system or cover for which leaks
or defects have been detected is allowed if the repair is technically
infeasible without a shutdown, as defined in Sec. 63.761, or if the
owner or operator determines that emissions resulting from immediate
repair would be greater than the fugitive emissions likely to result
from delay of repair. Repair of such equipment shall be complete by the
end of the next shutdown.
    (5) Any parts of the closed-vent system or cover that are
designated, as described in paragraphs (c)(5) (i) and (ii) of this
section, as unsafe to inspect are exempt from the inspection
requirements of paragraphs (c)(2)(i), (ii), and (iii) of this section
if:
    (i) The owner or operator determines that the equipment is unsafe to
inspect because inspecting personnel would be exposed to an imminent or
potential danger as a consequence of complying with paragraphs
(c)(2)(i), (ii), or (iii) of this section; and
    (ii) The owner or operator has a written plan that requires
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
    (6) Any parts of the closed-vent system or cover that are
designated, as described in paragraphs (c)(6) (i) and (ii) of this
section, as difficult to inspect are exempt from the inspection
requirements of paragraphs (c)(2)(i), (ii), and (iii) of this section
if:

[[Page 264]]

    (i) The owner or operator determines that the equipment cannot be
inspected without elevating the inspecting personnel more than 2 meters
above a support surface; and
    (ii) The owner or operator has a written plan that requires
inspection of the equipment at least once every 5 years.
    (7) Records shall be maintained as specified in Sec. 63.774(b)(5)
through (8).
    (d) Control device monitoring requirements. (1) For each control
device, except as provided for in paragraph (d)(2) of this section, the
owner or operator shall install and operate a continuous parameter
monitoring system in accordance with the requirements of paragraphs
(d)(3) through (7) of this section. Owners or operators that install and
operate a flare in accordance with Sec. 63.771(d)(1)(iii) or (f)(1)(iii)
are exempt from the requirements of paragraphs (d)(4) and (5) of this
section. The continuous monitoring system shall be designed and operated
so that a determination can be made on whether the control device is
achieving the applicable performance requirements of Sec. 63.771(d),
(e)(3), or (f)(1). Each continuous parameter monitoring system shall
meet the following specifications and requirements:
    (i) Each continuous parameter monitoring system shall measure data
values at least once every hour and record either:
    (A) Each measured data value; or
    (B) Each block average value for each 1-hour period or shorter
periods calculated from all measured data values during each period. If
values are measured more frequently than once per minute, a single value
for each minute may be used to calculate the hourly (or shorter period)
block average instead of all measured values.
    (ii) A site-specific monitoring plan must be prepared that addresses
the monitoring system design, data collection, and the quality assurance
and quality control elements outlined in paragraph (d) of this section
and in Sec. 63.8(d). Each CPMS must be installed, calibrated, operated,
and maintained in accordance with the procedures in your approved site-
specific monitoring plan. Using the process described in
Sec. 63.8(f)(4), you may request approval of monitoring system quality
assurance and quality control procedures alternative to those specified
in paragraphs (d)(1)(ii)(A) through (E) of this section in your site-
specific monitoring plan.
    (A) The performance criteria and design specifications for the
monitoring system equipment, including the sample interface, detector
signal analyzer, and data acquisition and calculations;
    (B) Sampling interface (e.g., thermocouple) location such that the
monitoring system will provide representative measurements;
    (C) Equipment performance checks, system accuracy audits, or other
audit procedures;
    (D) Ongoing operation and maintenance procedures in accordance with
provisions in Sec. 63.8(c)(1) and (3); and
    (E) Ongoing reporting and recordkeeping procedures in accordance
with provisions in Sec. 63.10(c), (e)(1), and (e)(2)(i).
    (iii) The owner or operator must conduct the CPMS equipment
performance checks, system accuracy audits, or other audit procedures
specified in the site-specific monitoring plan at least once every 12
months.
    (iv) The owner or operator must conduct a performance evaluation of
each CPMS in accordance with the site-specific monitoring plan.
    (2) An owner or operator is exempt from the monitoring requirements
specified in paragraphs (d)(3) through (7) of this section for the
following types of control devices:
    (i) Except for control devices for small glycol dehydration units, a
boiler or process heater in which all vent streams are introduced with
the primary fuel or is used as the primary fuel; or
    (ii) Except for control devices for small glycol dehydration units,
a boiler or process heater with a design heat input capacity equal to or
greater than 44 megawatts.
    (3) The owner or operator shall install, calibrate, operate, and
maintain a device equipped with a continuous recorder to measure the
values of operating parameters appropriate for the control device as
specified in either paragraph (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) of
this section.

[[Page 265]]

    (i) A continuous monitoring system that measures the following
operating parameters as applicable:
    (A) For a thermal vapor incinerator that demonstrates during the
performance test conducted under Sec. 63.772(e) that the combustion zone
temperature is an accurate indicator of performance, a temperature
monitoring device equipped with a continuous recorder. The monitoring
device shall have a minimum accuracy of 2 percent of the temperature
being monitored in  deg.C, or 2.5  deg.C, whichever value is greater.
The temperature sensor shall be installed at a location representative
of the combustion zone temperature.
    (B) For a catalytic vapor incinerator, a temperature monitoring
device equipped with a continuous recorder. The device shall be capable
of monitoring temperature at two locations and have a minimum accuracy
of 2 percent of the temperature being monitored in  deg.C, or 2.5
deg.C, whichever value is greater. One temperature sensor shall be
installed in the vent stream at the nearest feasible point to the
catalyst bed inlet and a second temperature sensor shall be installed in
the vent stream at the nearest feasible point to the catalyst bed
outlet.
    (C) For a flare, a heat sensing monitoring device equipped with a
continuous recorder that indicates the continuous ignition of the pilot
flame.
    (D) For a boiler or process heater, a temperature monitoring device
equipped with a continuous recorder. The temperature monitoring device
shall have a minimum accuracy of 2 percent of the temperature being
monitored in  deg.C, or 2.5  deg.C, whichever value is greater. The
temperature sensor shall be installed at a location representative of
the combustion zone temperature.
    (E) For a condenser, a temperature monitoring device equipped with a
continuous recorder. The temperature monitoring device shall have a
minimum accuracy of 2 percent of the temperature being monitored in
deg.C, or 2.5  deg.C, whichever value is greater. The temperature
sensor shall be installed at a location in the exhaust vent stream from
the condenser.
    (F) For a regenerative-type carbon adsorption system:
    (1) A continuous parameter monitoring system to measure and record
the average total regeneration stream mass flow or volumetric flow
during each carbon bed regeneration cycle. The integrating regenerating
stream flow monitoring device must have an accuracy of 10 percent; and
    (2) A continuous parameter monitoring system to measure and record
the average carbon bed temperature for the duration of the carbon bed
steaming cycle and to measure the actual carbon bed temperature after
regeneration and within 15 minutes of completing the cooling cycle. The
temperature monitoring device shall have a minimum accuracy of 2
percent of the temperature being monitored in  deg.C, or 2.5  deg.C,
whichever value is greater.
    (G) For a nonregenerative-type carbon adsorption system, the owner
or operator shall monitor the design carbon replacement interval
established using a performance test performed in accordance with
Sec. 63.772(e)(3) and shall be based on the total carbon working
capacity of the control device and source operating schedule.
    (H) For a control device model whose model is tested under
Sec. 63.772(h):
    (1) The owner or operator shall determine actual average inlet waste
gas flowrate using the model GRI-GLYCalc \TM\, Version 3.0 or higher,
ProMax, or AspenTech HYSYS. Inputs to the models shall be representative
of actual operating conditions of the controlled unit. The determination
shall be performed to coincide with the visible emissions test under
Sec. 63.772(i)(3);
    (2) A heat sensing monitoring device equipped with a continuous
recorder that indicates the continuous ignition of the pilot flame.
    (ii) A continuous monitoring system that measures the concentration
level of organic compounds in the exhaust vent stream from the control
device using an organic monitoring device equipped with a continuous
recorder. The monitor must meet the requirements of Performance
Specification 8 or 9 of appendix B of 40 CFR part 60 and must be
installed, calibrated, and maintained according to the manufacturer's
specifications.
    (iii) A continuous monitoring system that measures alternative
operating

[[Page 266]]

parameters other than those specified in paragraph (d)(3)(i) or
(d)(3)(ii) of this section upon approval of the Administrator as
specified in Sec. 63.8(f)(1) through (5).
    (4) Using the data recorded by the monitoring system, except for
inlet gas flowrate, the owner or operator must calculate the daily
average value for each monitored operating parameter for each operating
day. If the emissions unit operation is continuous, the operating day is
a 24-hour period. If the emissions unit operation is not continuous, the
operating day is the total number of hours of control device operation
per 24-hour period. Valid data points must be available for 75 percent
of the operating hours in an operating day to compute the daily average.
    (5) For each operating parameter monitor installed in accordance
with the requirements of paragraph (d)(3) of this section, the owner or
operator shall comply with paragraph (d)(5)(i) of this section for all
control devices, and when condensers are installed, the owner or
operator shall also comply with paragraph (d)(5)(ii) of this section.
    (i) The owner or operator shall establish a minimum operating
parameter value or a maximum operating parameter value, as appropriate
for the control device, to define the conditions at which the control
device must be operated to continuously achieve the applicable
performance requirements of Sec. 63.771(d)(1), (e)(3)(ii), or (f)(1).
Each minimum or maximum operating parameter value shall be established
as follows:
    (A) If the owner or operator conducts performance tests in
accordance with the requirements of Sec. 63.772(e)(3) to demonstrate
that the control device achieves the applicable performance requirements
specified in Sec. 63.771(d)(1), (e)(3)(ii) or (f)(1), then the minimum
operating parameter value or the maximum operating parameter value shall
be established based on values measured during the performance test and
supplemented, as necessary, by a condenser design analysis or control
device manufacturer recommendations or a combination of both.
    (B) If the owner or operator uses a condenser design analysis in
accordance with the requirements of Sec. 63.772(e)(4) to demonstrate
that the control device achieves the applicable performance requirements
specified in Sec. 63.771(d)(1), (e)(3)(ii), or (f)(1), then the minimum
operating parameter value or the maximum operating parameter value shall
be established based on the condenser design analysis and may be
supplemented by the condenser manufacturer's recommendations.
    (C) If the owner or operator operates a control device where the
performance test requirement was met under Sec. 63.772(h) to demonstrate
that the control device achieves the applicable performance requirements
specified in Sec. 63.771(d)(1), (e)(3)(ii), or (f)(1), then the maximum
inlet gas flowrate shall be established based on the performance test
and supplemented, as necessary, by the manufacturer recommendations.
    (ii) The owner or operator shall establish a condenser performance
curve showing the relationship between condenser outlet temperature and
condenser control efficiency. The curve shall be established as follows:
    (A) If the owner or operator conducts a performance test in
accordance with the requirements of Sec. 63.772(e)(3) to demonstrate
that the condenser achieves the applicable performance requirements in
Sec. 63.771(d)(1), (e)(3)(ii), or (f)(1), then the condenser performance
curve shall be based on values measured during the performance test and
supplemented as necessary by control device design analysis, or control
device manufacturer's recommendations, or a combination of both.
    (B) If the owner or operator uses a control device design analysis
in accordance with the requirements of Sec. 63.772(e)(4)(i) to
demonstrate that the condenser achieves the applicable performance
requirements specified in Sec. 63.771(d)(1), (e)(3)(ii), or (f)(1), then
the condenser performance curve shall be based on the condenser design
analysis and may be supplemented by the control device manufacturer's
recommendations.
    (C) As an alternative to paragraph (d)(5)(ii)(B) of this section,
the owner or operator may elect to use the procedures documented in the
GRI report entitled, ``Atmospheric Rich/Lean

[[Page 267]]

Method for Determining Glycol Dehydrator Emissions'' (GRI-95/0368.1) as
inputs for the model GRI-GLYCalc \TM\, Version 3.0 or higher, to
generate a condenser performance curve.
    (6) An excursion for a given control device is determined to have
occurred when the monitoring data or lack of monitoring data result in
any one of the criteria specified in paragraphs (d)(6)(i) through (vi)
of this section being met. When multiple operating parameters are
monitored for the same control device and during the same operating day
and more than one of these operating parameters meets an excursion
criterion specified in paragraphs (d)(6)(i) through (vi) of this
section, then a single excursion is determined to have occurred for the
control device for that operating day.
    (i) An excursion occurs when the daily average value of a monitored
operating parameter is less than the minimum operating parameter limit
(or, if applicable, greater than the maximum operating parameter limit)
established for the operating parameter in accordance with the
requirements of paragraph (d)(5)(i) of this section.
    (ii) For sources meeting Sec. 63.771(d)(1)(ii), an excursion occurs
when the 365-day average condenser efficiency calculated according to
the requirements specified in Sec. 63.772(g)(2)(iii) is less than 95.0
percent. For sources meeting Sec. 63.771(f)(1), an excursion occurs when
the 365-day average condenser efficiency calculated according to the
requirements specified in Sec. 63.772(g)(2)(iii) is less than 95.0
percent of the identified 365-day required percent reduction.
    (iii) For sources meeting Sec. 63.771(d)(1)(ii), if an owner or
operator has less than 365 days of data, an excursion occurs when the
average condenser efficiency calculated according to the procedures
specified in Sec. 63.772(g)(2)(iii)(A) or (B) is less than 90.0 percent.
For sources meeting Sec. 63.771(f)(1), an excursion occurs when the 365-
day average condenser efficiency calculated according to the
requirements specified in Sec. 63.772(g)(2)(iii) is less than the
identified 365-day required percent reduction.
    (iv) An excursion occurs when the monitoring data are not available
for at least 75 percent of the operating hours in a day.
    (v) If the closed-vent system contains one or more bypass devices
that could be used to divert all or a portion of the gases, vapors, or
fumes from entering the control device, an excursion occurs when:
    (A) For each bypass line subject to Sec. 63.771(c)(3)(i)(A) the flow
indicator indicates that flow has been detected and that the stream has
been diverted away from the control device to the atmosphere.
    (B) For each bypass line subject to Sec. 63.771(c)(3)(i)(B), if the
seal or closure mechanism has been broken, the bypass line valve
position has changed, the key for the lock-and-key type lock has been
checked out, or the car-seal has broken.
    (vi) For control device whose model is tested under Sec. 63.772(h)
an excursion occurs when:
    (A) The inlet gas flowrate exceeds the maximum established during
the test conducted under Sec. 63.772(h).
    (B) Failure of the quarterly visible emissions test conducted under
Sec. 63.772(i)(3) occurs.
    (7) For each excursion, the owner or operator shall be deemed to
have failed to have applied control in a manner that achieves the
required operating parameter limits. Failure to achieve the required
operating parameter limits is a violation of this standard.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34553, June 29, 2001;
68 FR 37353, June 23, 2003; 71 FR 20457, Apr. 20, 2006; 77 FR 49578,
Aug. 16, 2012]



Sec. 63.774  Recordkeeping requirements.

    (a) The recordkeeping provisions of 40 CFR part 63, subpart A, that
apply and those that do not apply to owners and operators of sources
subject to this subpart are listed in Table 2 of this subpart.
    (b) Except as specified in paragraphs (c), (d), and (f) of this
section, each owner or operator of a facility subject to this subpart
shall maintain the records specified in paragraphs (b)(1) through (11)
of this section:
    (1) The owner or operator of an affected source subject to the
provisions of this subpart shall maintain files of all information
(including all reports

[[Page 268]]

and notifications) required by this subpart. The files shall be retained
for at least 5 years following the date of each occurrence, measurement,
maintenance, corrective action, report or period.
    (i) All applicable records shall be maintained in such a manner that
they can be readily accessed.
    (ii) The most recent 12 months of records shall be retained on site
or shall be accessible from a central location by computer or other
means that provides access within 2 hours after a request.
    (iii) The remaining 4 years of records may be retained offsite.
    (iv) Records may be maintained in hard copy or computer-readable
form including, but not limited to, on paper, microfilm, computer,
floppy disk, magnetic tape, or microfiche.
    (2) Records specified in Sec. 63.10(b)(2);
    (3) Records specified in Sec. 63.10(c) for each monitoring system
operated by the owner or operator in accordance with the requirements of
Sec. 63.773(d). Notwithstanding the requirements of Sec. 63.10(c),
monitoring data recorded during periods identified in paragraphs
(b)(3)(i) through (iv) of this section shall not be included in any
average or percent leak rate computed under this subpart. Records shall
be kept of the times and durations of all such periods and any other
periods during process or control device operation when monitors are not
operating or failed to collect required data.
    (i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments;
    (ii) [Reserved]
    (iii) Periods of non-operation resulting in cessation of the
emissions to which the monitoring applies; and
    (iv) Excursions due to invalid data as defined in
Sec. 63.773(d)(6)(iv).
    (4) Each owner or operator using a control device to comply with
Sec. 63.764 of this subpart shall keep the following records up-to-date
and readily accessible:
    (i) Continuous records of the equipment operating parameters
specified to be monitored under Sec. 63.773(d) or specified by the
Administrator in accordance with Sec. 63.773(d)(3)(iii). For flares, the
hourly records and records of pilot flame outages specified in paragraph
(e) of this section shall be maintained in place of continuous records.
    (ii) Records of the daily average value of each continuously
monitored parameter for each operating day determined according to the
procedures specified in Sec. 63.773(d)(4) of this subpart, except as
specified in paragraphs (b)(4)(ii)(A) through (C) of this section.
    (A) For flares, the records required in paragraph (e) of this
section.
    (B) For condensers installed to comply with Sec. 63.765, records of
the annual 365-day rolling average condenser efficiency determined under
Sec. 63.772(g) shall be kept in addition to the daily averages.
    (C) For a control device whose model is tested under Sec. 63.772(h),
the records required in paragraph (h) of this section.
    (iii) Hourly records of the times and durations of all periods when
the vent stream is diverted from the control device or the device is not
operating.
    (iv) Where a seal or closure mechanism is used to comply with
Sec. 63.771(c)(3)(i)(B), hourly records of flow are not required. In
such cases, the owner or operator shall record that the monthly visual
inspection of the seals or closure mechanism has been done, and shall
record the duration of all periods when the seal mechanism is broken,
the bypass line valve position has changed, or the key for a lock-and-
key type lock has been checked out, and records of any car-seal that has
broken.
    (5) Records identifying all parts of the cover or closed-vent system
that are designated as unsafe to inspect in accordance with
Sec. 63.773(c)(5), an explanation of why the equipment is unsafe to
inspect, and the plan for inspecting the equipment.
    (6) Records identifying all parts of the cover or closed-vent system
that are designated as difficult to inspect in accordance with
Sec. 63.773(c)(6), an explanation of why the equipment is difficult to
inspect, and the plan for inspecting the equipment.
    (7) For each inspection conducted in accordance with Sec. 63.773(c),
during which a leak or defect is detected, a record of the information
specified in

[[Page 269]]

paragraphs (b)(7)(i) through (b)(7)(viii) of this section.
    (i) The instrument identification numbers, operator name or
initials, and identification of the equipment.
    (ii) The date the leak or defect was detected and the date of the
first attempt to repair the leak or defect.
    (iii) Maximum instrument reading measured by the method specified in
Sec. 63.772(c) after the leak or defect is successfully repaired or
determined to be nonrepairable.
    (iv) ``Repair delayed'' and the reason for the delay if a leak or
defect is not repaired within 15 calendar days after discovery of the
leak or defect.
    (v) The name, initials, or other form of identification of the owner
or operator (or designee) whose decision it was that repair could not be
effected without a shutdown.
    (vi) The expected date of successful repair of the leak or defect if
a leak or defect is not repaired within 15 calendar days.
    (vii) Dates of shutdowns that occur while the equipment is
unrepaired.
    (viii) The date of successful repair of the leak or defect.
    (ix) Records identifying the carbon replacement schedule under
Sec. 63.771(d)(5) and records of each carbon replacement.
    (8) For each inspection conducted in accordance with Sec. 63.773(c)
during which no leaks or defects are detected, a record that the
inspection was performed, the date of the inspection, and a statement
that no leaks or defects were detected.
    (9) Records identifying ancillary equipment and compressors that are
subject to and controlled under the provisions of 40 CFR part 60,
subpart KKK; 40 CFR part 61, subpart V; or 40 CFR part 63, subpart H.
    (10) Records of glycol dehydration unit baseline operations
calculated as required under Sec. 63.771(e)(1).
    (11) Records required in Sec. 63.771(e)(3)(i) documenting that the
facility continues to operate under the conditions specified in
Sec. 63.771(e)(2).
    (c) An owner or operator that elects to comply with the benzene
emission limit specified in Sec. 63.765(b)(1)(ii) shall document, to the
Administrator's satisfaction, the following items:
    (1) The method used for achieving compliance and the basis for using
this compliance method; and
    (2) The method used for demonstrating compliance with 0.90 megagrams
per year of benzene.
    (3) Any information necessary to demonstrate compliance as required
in the methods specified in paragraphs (c)(1) and (c)(2) of this
section.
    (d)(1) An owner or operator of a glycol dehydration unit that meets
the exemption criteria in Sec. 63.764(e)(1)(i) or Sec. 63.764(e)(1)(ii)
shall maintain the records specified in paragraph (d)(1)(i) or paragraph
(d)(1)(ii) of this section, as appropriate, for that glycol dehydration
unit.
    (i) The actual annual average natural gas throughput (in terms of
natural gas flowrate to the glycol dehydration unit per day) as
determined in accordance with Sec. 63.772(b)(1), or
    (ii) The actual average benzene emissions (in terms of benzene
emissions per year) as determined in accordance with Sec. 63.772(b)(2).
    (2) An owner or operator that is exempt from the control
requirements under Sec. 63.764(e)(2) of this subpart shall maintain the
following records:
    (i) Information and data used to demonstrate that a piece of
ancillary equipment or a compressor is not in VHAP service or not in wet
gas service shall be recorded in a log that is kept in a readily
accessible location.
    (ii) Identification and location of ancillary equipment or
compressors, located at a natural gas processing plant subject to this
subpart, that is in VHAP service less than 300 hours per year.
    (e) Record the following when using a flare to comply with
Sec. 63.771(d):
    (1) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (2) All visible emission readings, heat content determinations,
flowrate measurements, and exit velocity determinations made during the
compliance determination required by Sec. 63.772(e)(2); and
    (3) All hourly records and other recorded periods when the pilot
flame is absent.
    (f) The owner or operator of an area source not located within a UA
plus offset and UC boundary must keep a

[[Page 270]]

record of the calculation used to determine the optimum glycol
circulation rate in accordance with Sec. 63.764(d)(2)(i) or
Sec. 63.764(d)(2)(ii), as applicable.
    (g) The 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) or the air pollution
control equipment and monitoring equipment. The owner or operator shall
maintain records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec. 63.764(j), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
    (h) Record the following when using a control device whose model is
tested under Sec. 63.772(h) to comply with Sec. 63.771(d), (e)(3)(ii),
and (f)(1):
    (1) All visible emission readings and flowrate calculations made
during the compliance determination required by Sec. 63.772(i); and
    (2) All hourly records and other recorded periods when the pilot
flame is absent.
    (i) The date the semi-annual maintenance inspection required under
Sec. 63.773(b) is performed. Include a list of any modifications or
repairs made to the control device during the inspection and other
maintenance performed such as cleaning of the fuel nozzles.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34554, June 29, 2001;
72 FR 39, Jan. 3, 2007; 77 FR 49579, Aug. 16, 2012]



Sec. 63.775  Reporting requirements.

    (a) The reporting provisions of subpart A of this part, that apply
and those that do not apply to owners and operators of sources subject
to this subpart are listed in Table 2 of this subpart.
    (b) Each owner or operator of a major source subject to this subpart
shall submit the information listed in paragraphs (b)(1) through (b)(6)
of this section, except as provided in paragraphs (b)(7) and (b)(8) of
this section.
    (1) The initial notifications required for existing affected sources
under Sec. 63.9(b)(2) shall be submitted as provided in paragraphs
(b)(1)(i) and (ii) of this section.
    (i) Except as otherwise provided in paragraph (b)(1)(ii) of this
section, the initial notifications shall be submitted by 1 year after an
affected source becomes subject to the provisions of this subpart or by
June 17, 2000, whichever is later. Affected sources that are major
sources on or before June 17, 2000, and plan to be area sources by June
17, 2002, shall include in this notification a brief, nonbinding
description of a schedule for the action(s) that are planned to achieve
area source status.
    (ii) An affected source identified under Sec. 63.760(f)(7) or (9)
shall submit an initial notification required for existing affected
sources under Sec. 63.9(b)(2) within 1 year after the affected source
becomes subject to the provisions of this subpart or by October 15,
2013, whichever is later. An affected source identified under
Sec. 63.760(f)(7) or (9) that plans to be an area source by October 15,
2015, shall include in this notification a brief, nonbinding description
of a schedule for the action(s) that are planned to achieve area source
status.
    (2) The date of the performance evaluation as specified in
Sec. 63.8(e)(2), required only if the owner or operator is required by
the Administrator to conduct a performance evaluation for a continuous
monitoring system. A separate notification of the performance evaluation
is not required if it is included in the initial notification submitted
in accordance with paragraph (b)(1) of this section.
    (3) The planned date of a performance test at least 60 days before
the test in accordance with Sec. 63.7(b). Unless requested by the
Administrator, a site-specific test plan is not required by this
subpart. If requested by the Administrator, the owner or operator must
also submit the site-specific test plan required by Sec. 63.7(c) with
the notification of the performance test. A separate notification of the
performance test is not required if it is included in the initial
notification submitted in accordance with paragraph (b)(1) of this
section.
    (4) A Notification of Compliance Status report as described in
paragraph (d) of this section;
    (5) Periodic Reports as described in paragraph (e) of this section;
and

[[Page 271]]

    (6) If there was a malfunction during the reporting period, the
Periodic Report specified in paragraph (e) of this section shall 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. 63.764(j), including actions taken to
correct a malfunction.
    (7) [Reserved]
    (8) Each owner or operator of ancillary equipment and compressors
subject to this subpart that are exempt from the control requirements
for equipment leaks in Sec. 63.769, are exempt from all reporting
requirements for major sources in this subpart, for that equipment.
    (c) Except as provided in paragraph (c)(8), each owner or operator
of an area source subject to this subpart shall submit the information
listed in paragraph (c)(1) of this section. If the source is located
within a UA plus offset and UC boundary, the owner or operator shall
also submit the information listed in paragraphs (c)(2) through (6) of
this section. If the source is not located within any UA plus offset and
UC boundaries, the owner or operator shall also submit the information
listed within paragraph (c)(7).
    (1) The initial notifications required under Sec. 63.9(b)(2) not
later than January 3, 2008. In addition to submitting your initial
notification to the addressees specified under Sec. 63.9(a), you must
also submit a copy of the initial notification to the EPA's Office of
Air Quality Planning and Standards. Send your notification via email to
Oil and Gas [email protected] or via U.S. mail or other mail delivery
service to U.S. EPA, Sector Policies and Programs Division/Fuels and
Incineration Group (E143-01), Attn: Oil and Gas Project Leader, Research
Triangle Park, NC 27711.
    (2) The date of the performance evaluation as specified in
Sec. 63.8(e)(2) if an owner or operator is required by the Administrator
to conduct a performance evaluation for a continuous monitoring system.
    (3) The planned date of a performance test at least 60 days before
the test in accordance with Sec. 63.7(b). Unless requested by the
Administrator, a site-specific test plan is not required by this
subpart. If requested by the Administrator, the owner or operator must
submit the site-specific test plan required by Sec. 63.7(c) with the
notification of the performance test. A separate notification of the
performance test is not required if it is included in the initial
notification submitted in accordance with paragraph (c)(1) of this
section.
    (4) A Notification of Compliance Status as described in paragraph
(d) of this section;
    (5) Periodic reports as described in paragraph (e)(3) of this
section; and
    (6) If there was a malfunction during the reporting period, the
Periodic Report specified in paragraph (e) of this section shall 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. 63.764(j), including actions taken to
correct a malfunction.
    (7) The information listed in paragraphs (c)(1)(i) through (v) of
this section. This information shall be submitted with the initial
notification.
    (i) Documentation of the source's location relative to the nearest
UA plus offset and UC boundaries. This information shall include the
latitude and longitude of the affected source; whether the source is
located in an urban cluster with 10,000 people or more; the distance in
miles to the nearest urbanized area boundary if the source is not
located in an urban cluster with 10,000 people or more; and the name of
the nearest urban cluster with 10,000 people or more and nearest
urbanized area.
    (ii) Calculation of the optimum glycol circulation rate determined
in accordance with Sec. 63.764(d)(2)(i).
    (iii) If applicable, documentation of the alternate glycol
circulation rate

[[Page 272]]

calculated using GRI-GLYCalc\TM\, Version 3.0 or higher and
documentation stating why the TEG dehydration unit must operate using
the alternate glycol circulation rate.
    (iv) The name of the manufacturer and the model number of the glycol
circulation pump(s) in operation.
    (v) Statement by a responsible official, with that official's name,
title, and signature, certifying that the facility will always operate
the glycol dehydration unit using the optimum circulation rate
determined in accordance with Sec. 63.764(d)(2)(i) or
Sec. 63.764(d)(2)(ii), as applicable.
    (8) An owner or operator of a TEG dehydration unit located at an
area source that meets the criteria in Sec. 63.764(e)(1)(i) or
Sec. 63.764(e)(1)(ii) is exempt from the reporting requirements for area
sources in paragraphs (c)(1) through (7) of this section, for that unit.
    (d) Each owner or operator of a source subject to this subpart shall
submit a Notification of Compliance Status Report as required under
Sec. 63.9(h) within 180 days after the compliance date specified in
Sec. 63.760(f). In addition to the information required under
Sec. 63.9(h), the Notification of Compliance Status Report shall include
the information specified in paragraphs (d)(1) through (12) of this
section. This information may be submitted in an operating permit
application, in an amendment to an operating permit application, in a
separate submittal, or in any combination of the three. If all of the
information required under this paragraph has been submitted at any time
prior to 180 days after the applicable compliance dates specified in
Sec. 63.760(f), a separate Notification of Compliance Status Report is
not required. If an owner or operator submits the information specified
in paragraphs (d)(1) through (12) of this section at different times,
and/or different submittals, subsequent submittals may refer to previous
submittals instead of duplicating and resubmitting the previously
submitted information.
    (1) If a closed-vent system and a control device other than a flare
are used to comply with Sec. 63.764, the owner or operator shall submit
the information in paragraph (d)(1)(iii) of this section and the
information in either paragraph (d)(1)(i) or (ii) of this section.
    (i) The condenser design analysis documentation specified in
Sec. 63.772(e)(4) of this subpart, if the owner or operator elects to
prepare a design analysis.
    (ii) If the owner or operator is required to conduct a performance
test, the performance test results including the information specified
in paragraphs (d)(1)(ii)(A) and (B) of this section. Results of a
performance test conducted prior to the compliance date of this subpart
can be used provided that the test was conducted using the methods
specified in Sec. 63.772(e)(3) and that the test conditions are
representative of current operating conditions. If the owner or operator
operates a combustion control device model tested under Sec. 63.772(h),
an electronic copy of the performance test results shall be submitted
via email to [email protected] unless the test results for that
model of combustion control device are posted at the following Web site:
epa.gov/airquality/oilandgas/.
    (A) The percent reduction of HAP or TOC, or the outlet concentration
of HAP or TOC (parts per million by volume on a dry basis), determined
as specified in Sec. 63.772(e)(3) of this subpart; and
    (B) The value of the monitored parameters specified in Sec. 773(d)
of this subpart, or a site-specific parameter approved by the permitting
agency, averaged over the full period of the performance test.
    (iii) The results of the closed-vent system initial inspections
performed according to the requirements in Sec. 63.773(c)(2)(i) and
(ii).
    (2) If a closed-vent system and a flare are used to comply with
Sec. 63.764, the owner or operator shall submit performance test results
including the information in paragraphs (d)(2)(i) and (ii) of this
section. The owner or operator shall also submit the information in
paragraph (d)(2)(iii) of this section.
    (i) All visible emission readings, heat content determinations,
flowrate measurements, and exit velocity determinations made during the
compliance determination required by Sec. 63.772(e)(2) of this subpart.

[[Page 273]]

    (ii) A statement of whether a flame was present at the pilot light
over the full period of the compliance determination.
    (iii) The results of the closed-vent system initial inspections
performed according to the requirements in Sec. 63.773(c)(2)(i) and
(ii).
    (3) For each owner or operator subject to the provisions specified
in Sec. 63.769, the owner or operator shall submit the information
required by Sec. 61.247(a), except that the initial report required in
Sec. 61.247(a) shall be submitted as a part of the Notification of
Compliance Status Report required in paragraph (d) of this section. The
owner or operator shall also submit the information specified in
paragraphs (d)(3) (i) and (ii) of this section.
    (i) The number of each equipment (e.g., valves, pumps, etc.)
excluding equipment in vacuum service, and
    (ii) Any change in the information submitted in this paragraph shall
be provided to the Administrator as a part of subsequent Periodic
Reports described in paragraph (e)(2)(iv) of this section.
    (4) The owner or operator shall submit one complete test report for
each test method used for a particular source.
    (i) For additional tests performed using the same test method, the
results specified in paragraph (d)(1)(ii) of this section shall be
submitted, but a complete test report is not required.
    (ii) A complete test report shall include a sampling site
description, description of sampling and analysis procedures and any
modifications to standard procedures, quality assurance procedures,
record of operating conditions during the test, record of preparation of
standards, record of calibrations, raw data sheets for field sampling,
raw data sheets for field and laboratory analyses, documentation of
calculations, and any other information required by the test method.
    (5) For each control device other than a flare used to meet the
requirements of Sec. 63.764, the owner or operator shall submit the
information specified in paragraphs (d)(5) (i) through (iii) of this
section for each operating parameter required to be monitored in
accordance with the requirements of Sec. 63.773(d).
    (i) The minimum operating parameter value or maximum operating
parameter value, as appropriate for the control device, established by
the owner or operator to define the conditions at which the control
device must be operated to continuously achieve the applicable
performance requirements of Sec. 63.771(d)(1) or (e)(3)(ii).
    (ii) An explanation of the rationale for why the owner or operator
selected each of the operating parameter values established in
Sec. 63.773(d)(5). This explanation shall include any data and
calculations used to develop the value and a description of why the
chosen value indicates that the control device is operating in
accordance with the applicable requirements of Sec. 63.771(d)(1),
(e)(3)(ii) or (f)(1).
    (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.
    (iv) For each carbon adsorber, the predetermined carbon replacement
schedule as required in Sec. 63.771(d)(5)(i).
    (6) Results of any continuous monitoring system performance
evaluations shall be included in the Notification of Compliance Status
Report.
    (7) After a title V permit has been issued to the owner or operator
of an affected source, the owner or operator of such source shall comply
with all requirements for compliance status reports contained in the
source's title V permit, including reports required under this subpart.
After a title V permit has been issued to the owner or operator of an
affected source, and each time a notification of compliance status is
required under this subpart, the owner or operator of such source shall
submit the notification of compliance status to the appropriate
permitting authority following completion of the relevant compliance
demonstration activity specified in this subpart.
    (8) The owner or operator that elects to comply with the
requirements of Sec. 63.765(b)(1)(ii) shall submit the records required
under Sec. 63.774(c).

[[Page 274]]

    (9) The owner or operator shall submit the analysis performed under
Sec. 63.760(a)(1).
    (10) The owner or operator shall submit a statement as to whether
the source has complied with the requirements of this subpart.
    (11) The owner or operator shall submit the analysis prepared under
Sec. 63.771(e)(2) to demonstrate the conditions by which the facility
will be operated to achieve the HAP emission reduction of 95.0 percent,
or the BTEX limit in Sec. 63.765(b)(1)(iii), through process
modifications or a combination of process modifications and one or more
control devices.
    (12) If a cover is installed to comply with Sec. 63.764, the results
of the initial inspection performed according to the requirements
specified in Sec. 63.773(c)(2)(iii).
    (13) If the owner or operator installs a combustion control device
model tested under the procedures in Sec. 63.772(h), the data listed
under Sec. 63.772(h)(8).
    (14) For each combustion control device model tested under
Sec. 63.772(h), the information listed in paragraphs (d)(14)(i) through
(vi) of this section.
    (i) Name, address and telephone number of the control device
manufacturer.
    (ii) Control device model number.
    (iii) Control device serial number.
    (iv) Date the model of control device was tested by the
manufacturer.
    (v) Manufacturer's HAP destruction efficiency rating.
    (vi) Control device operating parameters, maximum allowable inlet
gas flowrate.
    (e) Periodic Reports. An owner or operator of a major source shall
prepare Periodic Reports in accordance with paragraphs (e) (1) and (2)
of this section and submit them to the Administrator. An owner or
operator of an area source shall prepare Periodic Reports in accordance
with paragraph (e)(3) of this section and submit them to the
Administrator.
    (1) An owner or operator shall submit Periodic Reports semiannually
beginning 60 calendar days after the end of the applicable reporting
period. The first report shall be submitted no later than 240 days after
the date the Notification of Compliance Status Report is due and shall
cover the 6-month period beginning on the date the Notification of
Compliance Status Report is due.
    (2) The owner or operator shall include the information specified in
paragraphs (e)(2)(i) through (ix) of this section, as applicable.
    (i) The information required under Sec. 63.10(e)(3). For the
purposes of this subpart and the information required under
Sec. 63.10(e)(3), excursions (as defined in Sec. 63.773(d)(6)) shall be
considered excess emissions.
    (ii) A description of all excursions as defined in Sec. 63.773(d)(6)
of this subpart that have occurred during the 6-month reporting period.
    (A) For each excursion caused when the daily average value of a
monitored operating parameter is less than the minimum operating
parameter limit (or, if applicable, greater than the maximum operating
parameter limit), as specified in Sec. 63.773(d)(6)(i), the report must
include the daily average values of the monitored parameter, the
applicable operating parameter limit, and the date and duration of the
period that the excursion occurred.
    (B) For each excursion caused when the 365-day average condenser
control efficiency is less than the value specified in
Sec. 63.773(d)(6)(ii), the report must include the 365-day average
values of the condenser control efficiency, and the date and duration of
the period that the excursion occurred.
    (C) For each excursion caused when condenser control efficiency is
less than the value specified in Sec. 63.773(d)(6)(iii), the report must
include the average values of the condenser control efficiency, and the
date and duration of the period that the excursion occurred.
    (D) For each excursion caused by the lack of monitoring data, as
specified in Sec. 63.773(d)(6)(iv), the report must include the date and
duration of the period when the monitoring data were not collected and
the reason why the data were not collected.
    (E) For each excursion caused when the maximum inlet gas flowrate
identified under Sec. 63.772(h) is exceeded, the report must include the
values of the inlet gas identified and the date and duration of the
period that the excursion occurred.

[[Page 275]]

    (F) For each excursion caused when visible emissions determined
under Sec. 63.772(i) exceed the maximum allowable duration, the report
must include the date and duration of the period that the excursion
occurred, repairs affected to the unit, and date the unit was returned
to service.
    (iii) For each inspection conducted in accordance with
Sec. 63.773(c) during which a leak or defect is detected, the records
specified in Sec. 63.774(b)(7) must be included in the next Periodic
Report.
    (iv) For each owner or operator subject to the provisions specified
in Sec. 63.769, the owner or operator shall comply with the reporting
requirements specified in 40 CFR 61.247, except that the Periodic
Reports shall be submitted on the schedule specified in paragraph (e)(1)
of this section.
    (v) For each closed-vent system with a bypass line subject to
Sec. 63.771(c)(3)(i)(A), records required under Sec. 63.774(b)(4)(iii)
of all periods when the vent stream is diverted from the control device
through a bypass line. For each closed-vent system with a bypass line
subject to Sec. 63.771(c)(3)(i)(B), records required under
Sec. 63.774(b)(4)(iv) of all periods in which the seal mechanism is
broken, the bypass valve position has changed, or the key to unlock the
bypass line valve was checked out.
    (vi) If an owner or operator elects to comply with
Sec. 63.765(b)(1)(ii), the records required under Sec. 63.774(c)(3).
    (vii) The information in paragraphs (e)(2)(vii) (A) and (B) of this
section shall be stated in the Periodic Report, when applicable.
    (A) No excursions.
    (B) No continuous monitoring system has been inoperative, out of
control, repaired, or adjusted.
    (viii) Any change in compliance methods as specified in
Sec. 63.772(f).
    (ix) If the owner or operator elects to comply with
Sec. 63.765(c)(2), the records required under Sec. 63.774(b)(11).
    (x) For flares, the records specified in Sec. 63.774(e)(3).
    (xi) The results of any periodic test as required in
Sec. 63.772(e)(3) conducted during the reporting period.
    (xii) For each carbon adsorber used to meet the control device
requirements of Sec. 63.771(d)(1), records of each carbon replacement
that occurred during the reporting period.
    (xiii) For combustion control device inspections conducted in
accordance with Sec. 63.773(b) the records specified in Sec. 63.774(i).
    (xiv) Certification by a responsible official of truth, accuracy,
and completeness. This certification shall state that, based on
information and belief formed after reasonable inquiry, the statements
and information in the document are true, accurate, and complete.
    (3) An owner or operator of an area source located inside a UA plus
offset and UC boundary shall prepare and submit Periodic Reports in
accordance with paragraphs (e)(3)(i) through (iii) of this section.
    (i) Periodic reports must be submitted on an annual basis. The first
reporting period shall cover the period beginning on the date the
Notification of Compliance Status Report is due and ending on December
31. The report shall be submitted within 30 days after the end of the
reporting period.
    (ii) Subsequent reporting periods begin every January 1 and end on
December 31. Subsequent reports shall be submitted within 30 days
following the end of the reporting period.
    (iii) The periodic reports must contain the information included in
paragraph (e)(2) of this section.
    (f) Notification of process change. Whenever a process change is
made, or a change in any of the information submitted in the
Notification of Compliance Status Report, the owner or operator shall
submit a report within 180 days after the process change is made or as a
part of the next Periodic Report as required under paragraph (e) of this
section, whichever is sooner. The report shall include:
    (1) A brief description of the process change;
    (2) A description of any modification to standard procedures or
quality assurance procedures;
    (3) Revisions to any of the information reported in the original
Notification of Compliance Status Report under paragraph (d) of this
section; and
    (4) Information required by the Notification of Compliance Status
Report under paragraph (d) of this section for

[[Page 276]]

changes involving the addition of processes or equipment.
    (g) Electronic reporting. (1) 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
required by this subpart to EPA's WebFIRE database by using the
Compliance and Emissions Data Reporting Interface (CEDRI) that is
accessed through EPA's Central Data Exchange (CDX) (www.epa.gov/cdx).
Performance test data must be submitted in the file format generated
through use of 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 or other
commonly used electronic storage media (including, but not limited to,
flash drives) to 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 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.
    (2) All reports required by this subpart not subject to the
requirements in paragraph (g)(1) 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 paragraph
(g)(1) of this section in paper format.

[64 FR 32628, June 17, 1999, as amended at 66 FR 34554, June 29, 2001;
72 FR 39, Jan. 3, 2007; 77 FR 49580, Aug. 16, 2012]



Sec. 63.776  Implementation and enforcement.

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



Sec. 63.777  Alternative means of emission limitation.

    (a) If, in the judgment of the Administrator, an alternative means
of emission limitation will achieve a reduction in HAP emissions at
least equivalent to the reduction in HAP emissions from that source
achieved under the applicable requirements in Secs. 63.764 through
63.771, the Administrator will

[[Page 277]]

publish in the Federal Register a notice permitting the use of the
alternative means for purposes of compliance with that requirement. The
notice may condition the permission on requirements related to the
operation and maintenance of the alternative means.
    (b) Any notice under paragraph (a) of this section shall be
published only after public notice and an opportunity for a hearing.
    (c) Any person seeking permission to use an alternative means of
compliance under this section shall collect, verify, and submit to the
Administrator information demonstrating that the alternative achieves
equivalent emission reductions.



Secs. 63.778-63.779  [Reserved]



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

 Table 1 to Subpart HH of Part 63--List of Hazardous Air Pollutants for
                               Subpart HH
------------------------------------------------------------------------
             CAS Number \a\                       Chemical name
------------------------------------------------------------------------
75070..................................  Acetaldehyde
71432..................................  Benzene (includes benzene in
                                          gasoline)
75150..................................  Carbon disulfide
463581.................................  Carbonyl sulfide
100414.................................  Ethyl benzene
107211.................................  Ethylene glycol
50000..................................  Formaldehyde
110543.................................  n-Hexane
91203..................................  Naphthalene
108883.................................  Toluene
540841.................................  2,2,4-Trimethylpentane
1330207................................  Xylenes (isomers and mixture)
95476..................................  o-Xylene
108383.................................  m-Xylene
106423.................................  p-Xylene
------------------------------------------------------------------------
\a\ CAS numbers refer to the Chemical Abstracts Services registry number
  assigned to specific compounds, isomers, or mixtures of compounds.


    Table 2 to Subpart HH of Part 63--Applicability of 40 CFR Part 63
                    General Provisions to Subpart HH
------------------------------------------------------------------------
                                  Applicable to
General provisions reference       subpart HH            Explanation
------------------------------------------------------------------------
Sec. 63.1(a)(1)............  Yes.
Sec. 63.1(a)(2)............  Yes.
Sec. 63.1(a)(3)............  Yes.
Sec. 63.1(a)(4)............  Yes.
Sec. 63.1(a)(5)............  No..................  Section reserved.
Sec. 63.1(a)(6)............  Yes.
Sec. 63.1(a)(7) through      No..................  Section reserved.
 (a)(9).
Sec. 63.1(a)(10)...........  Yes.
Sec. 63.1(a)(11)...........  Yes.
Sec. 63.1(a)(12)...........  Yes.
Sec. 63.1(b)(1)............  No..................  Subpart HH specifies
                                                     applicability.
Sec. 63.1(b)(2)............  No..................  Section reserved.
Sec. 63.1(b)(3)............  Yes.
Sec. 63.1(c)(1)............  No..................  Subpart HH specifies
                                                     applicability.
Sec. 63.1(c)(2)............  Yes.................  Subpart HH exempts
                                                     area sources from
                                                     the requirement to
                                                     obtain a Title V
                                                     permit unless
                                                     otherwise required
                                                     by law as specified
                                                     in Sec. 63.760(h).
Sec. 63.1(c)(3) and (c)(4).  No..................  Section reserved.
Sec. 63.1(c)(5)............  Yes.
Sec. 63.1(d)...............  No..................  Section reserved.
Sec. 63.1(e)...............  Yes.
Sec. 63.2..................  Yes.................  Except definition of
                                                     major source is
                                                     unique for this
                                                     source category and
                                                     there are
                                                     additional
                                                     definitions in
                                                     subpart HH.
Sec. 63.3(a) through (c)...  Yes.
Sec. 63.4(a)(1) through      Yes.
 (a)(2).
Sec. 63.4(a)(3) through      No..................  Section reserved.
 (a)(5).
Sec. 63.4(b)...............  Yes.
Sec. 63.4(c)...............  Yes.
Sec. 63.5(a)(1)............  Yes.
Sec. 63.5(a)(2)............  Yes.
Sec. 63.5(b)(1)............  Yes.
Sec. 63.5(b)(2)............  No..................  Section reserved.
Sec. 63.5(b)(3)............  Yes.
Sec. 63.5(b)(4)............  Yes.
Sec. 63.5(b)(5)............  No..................  Section Reserved.
Sec. 63.5(b)(6)............  Yes.
Sec. 63.5(c)...............  No..................  Section reserved.
Sec. 63.5(d)(1)............  Yes.
Sec. 63.5(d)(2)............  Yes.

[[Page 278]]


Sec. 63.5(d)(3)............  Yes.
Sec. 63.5(d)(4)............  Yes.
Sec. 63.5(e)...............  Yes.
Sec. 63.5(f)(1)............  Yes.
Sec. 63.5(f)(2)............  Yes.
Sec. 63.6(a)...............  Yes.
Sec. 63.6(b)(1)............  Yes.
Sec. 63.6(b)(2)............  Yes.
Sec. 63.6(b)(3)............  Yes.
Sec. 63.6(b)(4)............  Yes.
Sec. 63.6(b)(5)............  Yes.
Sec. 63.6(b)(6)............  No..................  Section reserved.
Sec. 63.6(b)(7)............  Yes.
Sec. 63.6(c)(1)............  Yes.
Sec. 63.6(c)(2)............  Yes.
Sec. 63.6(c)(3) through      No..................  Section reserved.
 (c)(4).
Sec. 63.6(c)(5)............  Yes.
Sec. 63.6(d)...............  No..................  Section reserved.
Sec. 63.6(e)(1)(i).........  No..................  See Sec. 63.764(j)
                                                     for general duty
                                                     requirement.
Sec. 63.6(e)(1)(ii)........  No.
Sec. 63.6(e)(1)(iii).......  Yes.
Sec. 63.6(e)(2)............  No..................  Section reserved.
Sec. 63.6(e)(3)............  No.
Sec. 63.6(f)(1)............  No.
Sec. 63.6(f)(2)............  Yes.
Sec. 63.6(f)(3)............  Yes.
Sec. 63.6(g)...............  Yes.
Sec. 63.6(h)(1)............  No.
Sec. 63.6(h)(2) through      Yes.
 (h)(9).
Sec. 63.6(i)(1) through      Yes.
 (i)(14).
Sec. 63.6(i)(15)...........  No..................  Section reserved.
Sec. 63.6(i)(16)...........  Yes.
Sec. 63.6(j)...............  Yes.
Sec. 63.7(a)(1)............  Yes.
Sec. 63.7(a)(2)............  Yes.................  But the performance
                                                     test results must
                                                     be submitted within
                                                     180 days after the
                                                     compliance date.
Sec. 63.7(a)(3)............  Yes.
Sec. 63.7(a)(4)............  Yes.
Sec. 63.7(c)...............  Yes.
Sec. 63.7(d)...............  Yes.
Sec. 63.7(e)(1)............  No.
Sec. 63.7(e)(2)............  Yes.
Sec. 63.7(e)(3)............  Yes.
Sec. 63.7(e)(4)............  Yes.
Sec. 63.7(f)...............  Yes.
Sec. 63.7(g)...............  Yes.
Sec. 63.7(h)...............  Yes.
Sec. 63.8(a)(1)............  Yes.
Sec. 63.8(a)(2)............  Yes.
Sec. 63.8(a)(3)............  No..................  Section reserved.
Sec. 63.8(a)(4)............  Yes.
Sec. 63.8(b)(1)............  Yes.
Sec. 63.8(b)(2)............  Yes.
Sec. 63.8(b)(3)............  Yes.
Sec. 63.8(c)(1)............  No.
Sec. 63.8(c)(1)(i).........  No.
Sec. 63.8(c)(1)(ii)........  Yes.
Sec. 63.8(c)(1)(iii).......  No.
Sec. 63.8(c)(2)............  Yes.
Sec. 63.8(c)(3)............  Yes.
Sec. 63.8(c)(4)............  Yes.
Sec. 63.8(c)(4)(i).........  No..................  Subpart HH does not
                                                     require continuous
                                                     opacity monitors.
Sec. 63.8(c)(4)(ii)........  Yes.
Sec. 63.8(c)(5) through      Yes.
 (c)(8).
Sec. 63.8(d)(1)............  Yes.
Sec. 63.8(d)(2)............  Yes.
Sec. 63.8(d)(3)............  Yes.................  Except for last
                                                     sentence, which
                                                     refers to an SSM
                                                     plan. SSM plans are
                                                     not required.
Sec. 63.8(e)...............  Yes.................  Subpart HH does not
                                                     specifically
                                                     require continuous
                                                     emissions monitor
                                                     performance
                                                     evaluation,
                                                     however, the
                                                     Administrator can
                                                     request that one be
                                                     conducted.

[[Page 279]]


Sec. 63.8(f)(1) through      Yes.
 (f)(5).
Sec. 63.8(f)(6)............  Yes.
Sec. 63.8(g)...............  No..................  Subpart HH specifies
                                                     continuous
                                                     monitoring system
                                                     data reduction
                                                     requirements.
Sec. 63.9(a)...............  Yes.
Sec. 63.9(b)(1)............  Yes.
Sec. 63.9(b)(2)............  Yes.................  Existing sources are
                                                     given 1 year
                                                     (rather than 120
                                                     days) to submit
                                                     this notification.
                                                     Major and area
                                                     sources that meet
                                                     Sec. 63.764(e) do
                                                     not have to submit
                                                     initial
                                                     notifications.
Sec. 63.9(b)(3)............  No..................  Section reserved.
Sec. 63.9(b)(4)............  Yes.
Sec. 63.9(b)(5)............  Yes.
Sec. 63.9(c)...............  Yes.
Sec. 63.9(d)...............  Yes.
Sec. 63.9(e)...............  Yes.
Sec. 63.9(f)...............  Yes.
Sec. 63.9(g)...............  Yes.
Sec. 63.9(h)(1) through      Yes.................  Area sources located
 (h)(3).                                             outside UA plus
                                                     offset and UC
                                                     boundaries are not
                                                     required to submit
                                                     notifications of
                                                     compliance status.
Sec. 63.9(h)(4)............  No..................  Section reserved.
Sec. 63.9(h)(5) through      Yes.
 (h)(6).
Sec. 63.9(i)...............  Yes.
Sec. 63.9(j)...............  Yes.
Sec. 63.10(a)..............  Yes.
Sec. 63.10(b)(1)...........  Yes.................  Sec. 63.774(b)(1)
                                                     requires sources to
                                                     maintain the most
                                                     recent 12 months of
                                                     data on-site and
                                                     allows offsite
                                                     storage for the
                                                     remaining 4 years
                                                     of data.
Sec. 63.10(b)(2)...........  Yes.
Sec. 63.10(b)(2)(i)........  No.
Sec. 63.10(b)(2)(ii).......  No..................  See Sec. 63.774(g)
                                                     for recordkeeping
                                                     of (1) occurrence
                                                     and duration and
                                                     (2) actions taken
                                                     during
                                                     malfunctions.
Sec. 63.10(b)(2)(iii)......  Yes.
Sec. 63.10(b)(2)(iv)         No.
 through (b)(2)(v).
Sec. 63.10(b)(2)(vi)         Yes.
 through (b)(2)(xiv).
Sec. 63.10(b)(3)...........  Yes.................  Sec. 63.774(b)(1)
                                                     requires sources to
                                                     maintain the most
                                                     recent 12 months of
                                                     data on-site and
                                                     allows offsite
                                                     storage for the
                                                     remaining 4 years
                                                     of data.
Sec. 63.10(c)(1)...........  Yes.
Sec. 63.10(c)(2) through     No..................  Sections reserved.
 (c)(4).
Sec. 63.10(c)(5) through     Yes.
 (c)(8).
Sec. 63.10(c)(9)...........  No..................  Section reserved.
Sec. 63.10(c)(10) through    No..................  See Sec. 63.774(g)
 (11).                                               for recordkeeping
                                                     of malfunctions.
Sec. 63.10(c)(12) through    Yes.
 (14).
Sec. 63.10(c)(15)..........  No.
Sec. 63.10(d)(1)...........  Yes.
Sec. 63.10(d)(2)...........  Yes.................  Area sources located
                                                     outside UA plus
                                                     offset and UC
                                                     boundaries do not
                                                     have to submit
                                                     performance test
                                                     reports.
Sec. 63.10(d)(3)...........  Yes.
Sec. 63.10(d)(4)...........  Yes.
Sec. 63.10(d)(5)...........  No..................  See Sec.
                                                     63.775(b)(6) or
                                                     (c)(6) for
                                                     reporting of
                                                     malfunctions.
Sec. 63.10(e)(1)...........  Yes.................  Area sources located
                                                     outside UA plus
                                                     offset and UC
                                                     boundaries are not
                                                     required to submit
                                                     reports.
Sec. 63.10(e)(2)...........  Yes.................  Area sources located
                                                     outside UA plus
                                                     offset and UC
                                                     boundaries are not
                                                     required to submit
                                                     reports.
Sec. 63.10(e)(3)(i)........  Yes.................  Subpart HH requires
                                                     major sources to
                                                     submit Periodic
                                                     Reports semi-
                                                     annually. Area
                                                     sources are
                                                     required to submit
                                                     Periodic Reports
                                                     annually. Area
                                                     sources located
                                                     outside UA plus
                                                     offset and UC
                                                     boundaries are not
                                                     required to submit
                                                     reports.
Sec. 63.10(e)(3)(i)(A).....  Yes.
Sec. 63.10(e)(3)(i)(B).....  Yes.
Sec. 63.10(e)(3)(i)(C).....  No.
Sec. 63.10(e)(3)(i)(D).....  Yes.................  Section reserved.
Sec. 63.10(e)(3)(ii)         Yes.
 through (viii).
Sec. 63.10(e)(4)...........  Yes.
Sec. 63.10(f)..............  Yes.
Sec. 63.11(a) and (b)......  Yes.
Sec. 63.11(c), (d), and (e)  Yes.
Sec. 63.12(a) through (c)..  Yes.
Sec. 63.13(a) through (c)..  Yes.

[[Page 280]]


Sec. 63.14(a) through (q)..  Yes.
Sec. 63.15(a) and (b)......  Yes.
Sec. 63.16.................  Yes.                  ....................
------------------------------------------------------------------------


[64 FR 32628, June 17, 1999, as amended at 66 FR 34554, June 29, 2001;
71 FR 20457, Apr. 20, 2006; 72 FR 40, Jan. 3, 2007; 73 FR 78214, Dec.
22, 2008; 77 FR 49581, Aug. 16, 2012]



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

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



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

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



Sec. 63.781  Applicability.

    (a) The provisions of this subpart apply to shipbuilding and ship
repair operations at any facility that is a major source.
    (b) The provisions of this subpart do not apply to coatings used in
volumes of less than 200 liters (52.8 gallons) per year, provided the
total volume of coating exempt under this paragraph does not exceed
1,000 liters per year (264 gallons per year) at any facility. Coatings
exempt under this paragraph shall be clearly labeled as ``low-usage
exempt,'' and the volume of each such coating applied shall be
maintained in the facility's records.
    (c) The provisions of this subpart do not apply to coatings applied
with hand-held, nonrefillable, aerosol containers or to unsaturated
polyester resin (i.e., fiberglass lay-up) coatings. Coatings applied to
suitably prepared fiberglass surfaces for protective or decorative
purposes are subject to this subpart.
    (d) If you are authorized in accordance with 40 CFR 63.783(c) to use
an add-on control system as an alternative means of limiting emissions
from coating operations, 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 40 CFR 63.2. Appropriate
penalties may be assessed, however, if you fail to meet your burden of
proving all the requirements in the affirmative defense. The affirmative
defense shall not be available in response to claims for injunctive
relief.
    (1) To establish the affirmative defense in any action to enforce
such a limit, you must timely meet the notification requirements in
paragraph (d)(2) of this section, and must prove by a preponderance of
evidence that:
    (i) The excess emissions:
    (A) 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; and
    (B) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices; and
    (C) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and
    (D) Were not part of a recurring pattern indicative of inadequate
design, operation, or maintenance; and
    (ii) 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; and
    (iii) The frequency, amount and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions; and

[[Page 281]]

    (iv) 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; and
    (v) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment and human
health; and
    (vi) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices; and
    (vii) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the affected source was operated in a manner
consistent with good practices for minimizing emissions; and
    (ix) 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.
    (2) 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 (d)(1) 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.

[60 FR 64336, Dec. 15, 1995, as amended at 76 FR 72068, Nov. 21, 2011]



Sec. 63.782  Definitions.

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

[[Page 282]]

    Batch means the product of an individual production run of a coating
manufacturer's process. A batch may vary in composition from other
batches of the same product.
    Bitumens mean black or brown materials that are soluble in carbon
disulfide and consist mainly of hydrocarbons.
    Bituminous resin coating means any coating that incorporates
bitumens as a principal component and is formulated primarily to be
applied to a substrate or surface to resist ultraviolet radiation and/or
water.
    Certify means, in reference to the volatile organic compounds (VOC)
content or volatile organic hazardous air pollutants (VOHAP) content of
a coating, to attest to the VOC content as determined through analysis
by Method 24 of appendix A to 40 CFR part 60 or through use of forms and
procedures outlined in appendix A of this subpart, or to attest to the
VOHAP content as determined through an Administrator-approved test
method. In the case of conflicting results, Method 24 of appendix A to
40 CFR part 60 shall take precedence over the forms and procedures
outlined in appendix A to this subpart for the options in which VOC is
used as a surrogate for VOHAP.
    Coating means any material that can be applied as a thin layer to a
substrate and which cures to form a continuous solid film.
    Cold-weather time period means any time during which the ambient
temperature is below 4.5  deg.C (40  deg.F) and coating is to be
applied.
    Container of coating means the container from which the coating is
applied, including but not limited to a bucket or pot.
    Cure volatiles means reaction products which are emitted during the
chemical reaction which takes place in some coating films at the cure
temperature. These emissions are other than those from the solvents in
the coating and may, in some cases, comprise a significant portion of
total VOC and/or VOHAP emissions.
    Epoxy means any thermoset coating formed by reaction of an epoxy
resin (i.e., a resin containing a reactive epoxide with a curing agent).
    Exempt compounds means specified organic compounds that are not
considered VOC due to negligible photochemical reactivity. Exempt
compounds are specified in 40 CFR 51.100(s).
    Facility means all contiguous or adjoining property that is under
common ownership or control, including properties that are separated
only by a road or other public right-of-way.
    General use coating means any coating that is not a specialty
coating.
    Hazardous air pollutants (HAP) means any air pollutant listed in or
pursuant to section 112(b) of the CAA.
    Heat resistant specialty coating means any coating that during
normal use must withstand a temperature of at least 204  deg.C (400
deg.F).
    High-gloss specialty coating means any coating that achieves at
least 85 percent reflectance on a 60 degree meter when tested by ASTM
D523-89 (incorporation by reference--see Sec. 63.14).
    High-temperature specialty coating means any coating that during
normal use must withstand a temperature of at least 426  deg.C (800
deg.F).
    Inorganic zinc (high-build) specialty coating means a coating that
contains 960 grams per liter (8 pounds per gallon) or more elemental
zinc incorporated into an inorganic silicate binder that is applied to
steel to provide galvanic corrosion resistance. (These coatings are
typically applied at more than 2 mil dry film thickness.)
    Major source means any source that emits or has the potential to
emit, in the aggregate, 9.1 megagrams per year (10 tons per year) or
more of any HAP or 22.7 megagrams per year (25 tons per year) or more of
any combination of HAP.
    Maximum allowable thinning ratio means the maximum volume of thinner
that can be added per volume of coating without violating the standards
of Sec. 63.783(a), as determined using Equation 1 of this subpart.
    Military exterior specialty coating or Chemical Agent Resistant
Coatings (``CARC'') means any exterior topcoat applied to military or
U.S. Coast Guard vessels that are subject to specific chemical,
biological, and radiological washdown requirements.

[[Page 283]]

    Mist specialty coating means any low viscosity, thin film, epoxy
coating applied to an inorganic zinc primer that penetrates the porous
zinc primer and allows the occluded air to escape through the paint film
prior to curing.
    Navigational aids specialty coating means any coating applied to
Coast Guard buoys or other Coast Guard waterway markers when they are
recoated aboard ship at their usage site and immediately returned to the
water.
    Nonskid specialty coating means any coating applied to the
horizontal surfaces of a marine vessel for the specific purpose of
providing slip resistance for personnel, vehicles, or aircraft.
    Nonvolatiles (or volume solids) means substances that do not
evaporate readily. This term refers to the film-forming material of a
coating.
    Normally closed means a container or piping system is closed unless
an operator is actively engaged in adding or removing material.
    Nuclear specialty coating means any protective coating used to seal
porous surfaces such as steel (or concrete) that otherwise would be
subject to intrusion by radioactive materials. These coatings must be
resistant to long-term (service life) cumulative radiation exposure
(ASTM D4082-89 [incorporation by reference--see Sec. 63.14]), relatively
easy to decontaminate (ASTM D4256-89 or 94 [reapproved 1994]
[incorporation by reference--see Sec. 63.14]), and resistant to various
chemicals to which the coatings are likely to be exposed (ASTM D3912-80
[incorporation by reference--see Sec. 63.14]). [For nuclear coatings,
see the general protective requirements outlined by the U.S. Nuclear
Regulatory Commission in a report entitled ``U.S. Atomic Energy
Commission Regulatory Guide 1.54'' dated June 1973, available through
the Government Printing Office at (202) 512-2249 as document number
A74062-00001.]
    Operating parameter value means a minimum or maximum value
established for a control device or process parameter that, if achieved
by itself or in combination with one or more other operating parameter
values, determines that an owner or operator has complied with an
applicable emission limitation or standard.
    Organic zinc specialty coating means any coating derived from zinc
dust incorporated into an organic binder that contains more than 960
grams of elemental zinc per liter (8 pounds per gallon) of coating, as
applied, and that is used for the expressed purpose of corrosion
protection.
    Pleasure craft means any marine or fresh-water vessel used by
individuals for noncommercial, nonmilitary, and recreational purposes
that is less than 20 meters in length. A vessel rented exclusively to or
chartered by individuals for such purposes shall be considered a
pleasure craft.
    Pretreatment wash primer specialty coating means any coating that
contains a minimum of 0.5 percent acid, by mass, and is applied only to
bare metal to etch the surface and enhance adhesion of subsequent
coatings.
    Repair and maintenance of thermoplastic coating of commercial
vessels (specialty coating) means any vinyl, chlorinated rubber, or
bituminous resin coating that is applied over the same type of existing
coating to perform the partial recoating of any in-use commercial
vessel. (This definition does not include coal tar epoxy coatings, which
are considered ``general use'' coatings.)
    Rubber camouflage specialty coating means any specially formulated
epoxy coating used as a camouflage topcoat for exterior submarine hulls
and sonar domes.
    Sealant for thermal spray aluminum means any epoxy coating applied
to thermal spray aluminum surfaces at a maximum thickness of 1 dry mil.
    Ship means any marine or fresh-water vessel used for military or
commercial operations, including self-propelled vessels, those propelled
by other craft (barges), and navigational aids (buoys). This definition
includes, but is not limited to, all military and Coast Guard vessels,
commercial cargo and passenger (cruise) ships, ferries, barges, tankers,
container ships, patrol and pilot boats, and dredges. For purposes of
this subpart, pleasure crafts and offshore oil and gas drilling
platforms are not considered ships.

[[Page 284]]

    Shipbuilding and ship repair operations means any building, repair,
repainting, converting, or alteration of ships.
    Special marking specialty coating means any coating that is used for
safety or identification applications, such as markings on flight decks
and ships' numbers.
    Specialty coating means any coating that is manufactured and used
for one of the specialized applications described within this list of
definitions.
    Specialty interior coating means any coating used on interior
surfaces aboard U.S. military vessels pursuant to a coating
specification that requires the coating to meet specified fire retardant
and low toxicity requirements, in addition to the other applicable
military physical and performance requirements.
    Tack specialty coating means any thin film epoxy coating applied at
a maximum thickness of 2 dry mils to prepare an epoxy coating that has
dried beyond the time limit specified by the manufacturer for the
application of the next coat.
    Thinner means a liquid that is used to reduce the viscosity of a
coating and that evaporates before or during the cure of a film.
    Thinning ratio means the volumetric ratio of thinner to coating, as
supplied.
    Thinning solvent: see Thinner.
    Undersea weapons systems specialty coating means any coating applied
to any component of a weapons system intended to be launched or fired
from under the sea.
    Volatile organic compounds (VOC) is as defined in Sec. 51.100(s) of
this chapter.
    Volatile organic hazardous air pollutants (VOHAP) means any compound
listed in or pursuant to section 112(b) of the CAA that contains carbon,
excluding metallic carbides and carbonates. This definition includes VOC
listed as HAP and exempt compounds listed as HAP.
    Weld-through preconstruction primer (specialty coating) means a
coating that provides corrosion protection for steel during inventory,
is typically applied at less than 1 mil dry film thickness, does not
require removal prior to welding, is temperature resistant (burn back
from a weld is less than 1.25 centimeters [0.5 inch]), and does not
normally require removal before applying film-building coatings,
including inorganic zinc high-build coatings. When constructing new
vessels, there may be a need to remove areas of weld-through
preconstruction primer due to surface damage or contamination prior to
application of film-building coatings.

[60 FR 64336, Dec. 15, 1995, as amended at 65 FR 62215, Oct. 17, 2000;
76 FR 72069, Nov. 21, 2011]



Sec. 63.783  Standards.

    (a) No owner or operator of any existing or new affected source
shall cause or allow the application of any coating to a ship with an
as-applied VOHAP content exceeding the applicable limit given in Table 2
of this subpart, as determined by the procedures described in
Sec. 63.785 (c)(1) through (c)(4). For the compliance procedures
described in Sec. 63.785 (c)(1) through (c)(3), VOC shall be used as a
surrogate for VOHAP, and Method 24 of appendix A to 40 CFR part 60 shall
be used as the definitive measure for determining compliance. For the
compliance procedure described in Sec. 63.785(c)(4), an alternative test
method capable of measuring independent VOHAP shall be used to determine
compliance. The method must be submitted to and approved by the
Administrator.
    (b) Each owner or operator of a new or existing affected source
shall ensure that:
    (1) 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.
    (2) All handling and transfer of VOHAP-containing materials to and
from containers, tanks, vats, drums, and piping systems is conducted in
a manner that minimizes spills.

[[Page 285]]

    (3) All containers, tanks, vats, drums, and piping systems are free
of cracks, holes, and other defects and remain closed unless materials
are being added to or removed from them.
    (c) Approval of alternative means of limiting emissions. (1) The
owner or operator of an affected source may apply to the Administrator
for permission to use an alternative means (such as an add-on control
system) of limiting emissions from coating operations. The application
must include:
    (i) An engineering material balance evaluation that provides a
comparison of the emissions that would be achieved using the alternative
means to those that would result from using coatings that comply with
the limits in Table 2 of this subpart, or the results from an emission
test that accurately measures the capture efficiency and control device
efficiency achieved by the control system and the composition of the
associated coatings so that the emissions comparison can be made;
    (ii) A proposed monitoring protocol that includes operating
parameter values to be monitored for compliance and an explanation of
how the operating parameter values will be established through a
performance test; and
    (iii) Details of appropriate recordkeeping and reporting procedures.
    (2) The Administrator shall approve the alternative means of
limiting emissions if, in the Administrator's judgment, postcontrol
emissions of VOHAP per volume applied solids will be no greater than
those from the use of coatings that comply with the limits in Table 2 of
this subpart.
    (3) The Administrator may condition approval on operation,
maintenance, and monitoring requirements to ensure that emissions from
the source are no greater than those that would otherwise result from
this subpart.

[60 FR 64336, Dec. 15, 1995, as amended at 76 FR 72069, Nov. 21, 2011]



Sec. 63.784  Compliance dates.

    (a) Each owner or operator of an existing affected source shall
comply within two years after the effective date of this subpart.
    (b) Each owner or operator of an existing unaffected area source
that increases its emissions of (or its potential to emit) HAP such that
the source becomes a major source that is subject to this subpart shall
comply within 1 year after the date of becoming a major source.
    (c) Each owner or operator of a new or reconstructed source shall
comply with this subpart according to the schedule in Sec. 63.6(b).

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



Sec. 63.785  Compliance procedures.

    (a) For each batch of coating that is received by an affected
source, the owner or operator shall (see Figure 1 of this section for a
flow diagram of the compliance procedures):
    (1) Determine the coating category and the applicable VOHAP limit as
specified in Sec. 63.783(a).
    (2) Certify the as-supplied VOC content of the batch of coating. The
owner or operator may use a certification supplied by the manufacturer
for the batch, although the owner or operator retains liability should
subsequent testing reveal a violation. If the owner or operator performs
the certification testing, only one of the containers in which the batch
of coating was received is required to be tested.
    (b)(1) In lieu of testing each batch of coating, as applied, the
owner or operator may determine compliance with the VOHAP limits using
any combination of the procedures described in paragraphs (c)(1),
(c)(2), (c)(3), and (c)(4) of this section. The procedure used for each
coating shall be determined and documented prior to application.
    (2) The results of any compliance demonstration conducted by the
affected source or any regulatory agency using Method 24 shall take
precedence over the results using the procedures in paragraphs (c)(1),
(c)(2), or (c)(3) of this section.
    (3) The results of any compliance demonstration conducted by the
affected source or any regulatory agency using an approved test method
to determine VOHAP content shall take precedence over the results using
the procedures in paragraph (c)(4) of this section.
    (c)(1) Coatings to which thinning solvent will not be added. For
coatings to which thinning solvent (or any other

[[Page 286]]

material) will not be added under any circumstance or to which only
water is added, the owner or operator of an affected source shall comply
as follows:
    (i) Certify the as-applied VOC content of each batch of coating.
    (ii) Notify the persons responsible for applying the coating that no
thinning solvent may be added to the coating by affixing a label to each
container of coating in the batch or through another means described in
the implementation plan required in Sec. 63.787(b).
    (iii) If the certified as-applied VOC content of each batch of
coating used during a calendar month is less than or equal to the
applicable VOHAP limit in Sec. 63.783(a) (either in terms of g/L of
coating or g/L of solids), then compliance is demonstrated for that
calendar month, unless a violation is revealed using Method 24 of
appendix A to 40 CFR part 60.
    (2) Coatings to which thinning solvent will be added--coating-by-
coating compliance. For a coating to which thinning solvent is routinely
or sometimes added, the owner or operator shall comply as follows:
    (i) Prior to the first application of each batch, designate a single
thinner for the coating and calculate the maximum allowable thinning
ratio (or ratios, if the affected source complies with the cold-weather
limits in addition to the other limits specified in Table 2 of this
subpart) for each batch as follows:
[GRAPHIC] [TIFF OMITTED] TR15DE95.191

where:

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

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

where:

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

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

where:

Vth = Total allowable volume of thinner for the previous
          month (L thinner);

[[Page 287]]

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

    (v) By the 15th day of each calendar month, determine the volume of
thinner actually used with the coating during the previous month.
    (vi) If the volume of thinner actually used with the coating
[paragraph (c)(3)(v) of this section] is less than or equal to the total
allowable volume of thinner for the coating [paragraph (c)(3)(iv) of
this section], then compliance is demonstrated for the coating for the
previous month, unless a violation is revealed using Method 24 of
appendix A to 40 CFR part 60.
    (3) Coatings to which the same thinning solvent will be added--group
compliance. For coatings to which the same thinning solvent (or other
material) is routinely or sometimes added, the owner or operator shall
comply as follows:
    (i) Designate a single thinner to be added to each coating during
the month and ``group'' coatings according to their designated thinner.
    (ii) Prior to the first application of each batch, calculate the
maximum allowable thinning ratio (or ratios, if the affected source
complies with the cold-weather limits in addition to the other limits
specified in Table 2 of this subpart) for each batch of coating in the
group using the equations in paragraph (c)(2) of this section.
    (iii) Prior to the first application of each ``batch,'' notify
painters and other persons, as necessary, of the designated thinner and
maximum allowable thinning ratio(s) for each batch in the group by
affixing a label to each container of coating or through another means
described in the implementation plan required in Sec. 63.787(b).
    (iv) By the 15th day of each calendar month, determine the volume of
each batch of the group used, as supplied, during the previous month.
    (v) By the 15th day of each calendar month, determine the total
allowable volume of thinner for the group for the previous month using
Equation 3 of this subpart.
    (vi) By the 15th day of each calendar month, determine the volume of
thinner actually used with the group during the previous month.
    (vii) If the volume of thinner actually used with the group
[paragraph (c)(3)(vi) of this section] is less than or equal to the
total allowable volume of thinner for the group [paragraph (c)(3)(v) of
this section], then compliance is demonstrated for the group for the
previous month, unless a violation is revealed using Method 24 of
appendix A to 40 CFR part 60.
    (4) Demonstration of compliance through an alternative (i.e., other
than Method 24 of appendix A to 40 CFR part 60) test method. The owner
or operator shall comply as follows:
    (i) Certify the as-supplied VOHAP content (g VOHAP/L solids) of each
batch of coating.
    (ii) If no thinning solvent will be added to the coating, the owner
or operator of an affected source shall follow the procedure described
in Sec. 63.785(c)(1), except that VOHAP content shall be used in lieu of
VOC content.
    (iii) If thinning solvent will be added to the coating, the owner or
operator of an affected source shall follow the procedure described in
Sec. 63.785(c)(2) or (3), except that in Equation 1 of this subpart: the
term ``mVOC'' shall be replaced by the term
``mVOHAP,'' defined as the VOHAP content of the coating as
supplied (g VOHAP/L coating) and the term ``Dth'' shall be
replaced by the term ``Dth(VOHAP)'' defined as the average
density of the VOHAP thinner(s) (g/L).
    (d) A violation revealed through any approved test method shall
result in a 1-day violation for enforcement purposes. A violation
revealed through the recordkeeping procedures described in paragraphs
(c)(1) through (c)(4) of this section shall result in a 30-day violation
for enforcement purposes, unless the owner or operator provides
sufficient data to demonstrate the specific days during which
noncompliant coatings were applied.

[[Page 288]]

    (e) Continuous compliance requirements. You must demonstrate
continuous compliance with the emissions standards and operating limits
by using the performance test methods and procedures in Sec. 63.786 for
each affected source.
    (1) General requirements. (i) You must monitor and collect data, and
provide a site specific monitoring plan, as required by Secs. 63.783,
63.785, 63.786 and 63.787.
    (ii) 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),
you must operate the monitoring system and collect data at all required
intervals at all times the affected source is operating, and periods of
malfunction. Any period for which data collection is required and the
operation of the Continuous Emissions Monitoring System (CEMS) is not
otherwise exempt and for which the monitoring system is out-of-control
and data are not available for required calculations constitutes a
deviation from the monitoring requirements.
    (iii) You may not use data recorded during monitoring system
malfunctions, repairs associated with monitoring system malfunctions or
required monitoring system quality assurance or control activities in
calculations used to report emissions or operating levels. A monitoring
system malfunction is any sudden, infrequent, not reasonably preventable
failure of the monitoring system to provide valid data. Monitoring
system failures that are caused in part by poor maintenance or careless
operation are not malfunctions. The owner or operator must use all the
data collected during all other periods in assessing the operation of
the control device and associated control system.
    (2) [Reserved]

[[Page 289]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.045


[60 FR 64336, Dec. 15, 1995, as amended at 76 FR 72069, Nov. 21, 2011]



Sec. 63.786  Test methods and procedures.

    (a) For the compliance procedures described in Sec. 63.785(c) (1)
through (c)(3),

[[Page 290]]

Method 24 of 40 CFR part 60, appendix A, is the definitive method for
determining the VOC content of coatings, as supplied or as applied. When
a coating or thinner contains exempt compounds that are volatile HAP or
VOHAP, the owner or operator shall ensure, when determining the VOC
content of a coating, that the mass of these exempt compounds is
included.
    (b) For the compliance procedure described in Sec. 63.785(c)(4), the
Administrator must approve the test method for determining the VOHAP
content of coatings and thinners. As part of the approval, the test
method must meet the specified accuracy limits indicated below for
sensitivity, duplicates, repeatability, and reproducibility coefficient
of variation each determined at the 95 percent confidence limit. Each
percentage value below is the corresponding coefficient of variation
multiplied by 2.8 as in the ASTM Method E180-93: Standard Practice for
Determining the Precision of ASTM Methods for Analysis and Testing of
Industrial Chemicals (incorporation by reference--see Sec. 63.14).
    (1) Sensitivity. The overall sensitivity must be sufficient to
identify and calculate at least one mass percent of the compounds of
interest based on the original sample. The sensitivity is defined as ten
times the noise level as specified in ASTM Method D3257-93: Standard
Test Methods for Aromatics in Mineral Spirits by Gas Chromatography
(incorporation by reference--see Sec. 63.14). In determining the
sensitivity, the level of sample dilution must be factored in.
    (2) Repeatability. First, at the 0.1-5 percent analyte range the
results would be suspect if duplicates vary by more than 6 percent
relative and/or day to day variation of mean duplicates by the same
analyst exceeds 10 percent relative. Second, at greater than 5 percent
analyte range the results would be suspect if duplicates vary by more
than 5 percent relative and/or day to day variation of duplicates by the
same analyst exceeds 5 percent relative.
    (3) Reproducibility. First, at the 0.1-5 percent analyte range the
results would be suspect if lab to lab variation exceeds 60 percent
relative. Second, at greater than 5 percent range the results would be
suspect if lab to lab variation exceeds 20 percent relative.
    (4) Any test method should include information on the apparatus,
reagents and materials, analytical procedure, procedure for
identification and confirmation of the volatile species in the mixture
being analyzed, precision and bias, and other details to be reported.
The reporting should also include information on quality assurance (QA)
auditing.
    (5) Multiple and different analytical techniques must be used for
positive identification if the components in a mixture under analysis
are not known. In such cases a single column gas chromatograph (GC) may
not be adequate. A combination of equipment may be needed such as a GC/
mass spectrometer or GC/infrared system. (If a GC method is used, the
operator must use practices in ASTM Method E260-91 or 96: Standard
Practice for Gas Chromatography [incorporation by reference--see
Sec. 63.14].)
    (c) A coating manufacturer or the owner or operator of an affected
source may use batch formulation data as a test method in lieu of Method
24 of appendix A to 40 CFR part 60 to certify the as-supplied VOC
content of a coating if the manufacturer or the owner or operator has
determined that batch formulation data have a consistent and
quantitatively known relationship to Method 24 results. This
determination shall consider the role of cure volatiles, which may cause
emissions to exceed an amount based solely upon coating formulation
data. Notwithstanding such determination, in the event of conflicting
results, Method 24 of appendix A of 40 CFR part 60 shall take
precedence.
    (d) Each owner or operator of an affected source shall use or ensure
that the manufacturer uses the form and procedures mentioned in appendix
A of this subpart to determine values for the thinner and coating
parameters used in Equations 1 and 2 of this subpart. The owner or
operator shall ensure that the coating/thinner manufacturer (or
supplier) provides information on the VOC and VOHAP contents of the
coatings/thinners and the procedure(s) used to determine these values.

[[Page 291]]

    (e) For add-on control systems approved for use in limiting
emissions from coating operations pursuant to Sec. 63.783(c),
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 demonstrate the conditions present
during performance tests.

[60 FR 64336, Dec. 15, 1995, as amended at 65 FR 62215, Oct. 17, 2000;
76 FR 72069, Nov. 21, 2011]



Sec. 63.787  Notification requirements.

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

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



Sec. 63.788  Recordkeeping and reporting requirements.

    (a) Each owner or operator of an affected source shall comply with
the applicable recordkeeping and reporting requirements in Sec. 63.10
(a), (b), (d), and (f). Any owner that receives approval pursuant to
Sec. 63.783(c) to use an add-on control system to control coating
emissions shall also comply with the applicable requirements of
Sec. 63.10 (c) and (e). A summary of recordkeeping and reporting
requirements is provided in Table 3 of this subpart.
    (b) Recordkeeping requirements. (1) Each owner or operator of a
major source shipbuilding or ship repair facility having surface coating
operations with less than 1000 liters (L) (264 gallons (gal)) annual
marine coating usage shall record the total volume of coating applied at
the source to ships. Such records shall be compiled monthly and
maintained for a minimum of 5 years.
    (2) Each owner or operator of an affected source shall compile
records on a monthly basis and maintain those records for a minimum of 5
years. At a minimum, these records shall include:
    (i) All documentation supporting initial notification;
    (ii) A copy of the affected source's approved implementation plan;
    (iii) The volume of each low-usage-exempt coating applied;

[[Page 292]]

    (iv) Identification of the coatings used, their appropriate coating
categories, and the applicable VOHAP limit;
    (v) Certification of the as-supplied VOC content of each batch of
coating;
    (vi) A determination of whether containers meet the standards as
described in Sec. 63.783(b)(2); and
    (vii) The results of any Method 24 of appendix A to 40 CFR part 60
or approved VOHAP measurement test conducted on individual containers of
coating, as applied.
    (3) The records required by paragraph (b)(2) of this section shall
include additional information, as determined by the compliance
procedure(s) described in Sec. 63.785(c) that each affected source
followed:
    (i) Coatings to which thinning solvent will not be added. The
records maintained by facilities demonstrating compliance using the
procedure described in Sec. 63.785(c)(1) shall contain the following
information:
    (A) Certification of the as-applied VOC content of each batch of
coating; and
    (B) The volume of each coating applied.
    (ii) Coatings to which thinning solvent will be added--coating-by-
coating compliance. The records maintained by facilities demonstrating
compliance using the procedure described in Sec. 63.785(c)(2) shall
contain the following information:
    (A) The density and mass fraction of water and exempt compounds of
each thinner and the volume fraction of solids (nonvolatiles) in each
batch, including any calculations;
    (B) The maximum allowable thinning ratio (or ratios, if the affected
source complies with the cold-weather limits in addition to the other
limits specified in Table 2 of this subpart) for each batch of coating,
including calculations;
    (C) If an affected source chooses to comply with the cold-weather
limits, the dates and times during which the ambient temperature at the
affected source was below 4.5  deg.C (40  deg.F) at the time the coating
was applied and the volume used of each batch of the coating, as
supplied, during these dates;
    (D) The volume used of each batch of the coating, as supplied;
    (E) The total allowable volume of thinner for each coating,
including calculations; and
    (F) The actual volume of thinner used for each coating.
    (iii) Coatings to which the same thinning solvent will be added--
group compliance. The records maintained by facilities demonstrating
compliance using the procedure described in Sec. 63.785(c)(3) shall
contain the following information:
    (A) The density and mass fraction of water and exempt compounds of
each thinner and the volume fraction of solids in each batch, including
any calculations;
    (B) The maximum allowable thinning ratio (or ratios, if the affected
source complies with the cold-weather limits in addition to the other
limits specified in Table 2 of this subpart) for each batch of coating,
including calculations;
    (C) If an affected source chooses to comply with the cold-weather
limits, the dates and times during which the ambient temperature at the
affected source was below 4.5  deg.C (40  deg.F) at the time the coating
was applied and the volume used of each batch in the group, as supplied,
during these dates;
    (D) Identification of each group of coatings and their designated
thinners;
    (E) The volume used of each batch of coating in the group, as
supplied;
    (F) The total allowable volume of thinner for the group, including
calculations; and
    (G) The actual volume of thinner used for the group.
    (iv) Demonstration of compliance through an alternative (i.e., non-
Method 24 in appendix A to 40 CFR part 60) test method. The records
maintained by facilities demonstrating compliance using the procedure
described in Sec. 63.785(c)(4) shall contain the following information:
    (A) Identification of the Administrator-approved VOHAP test method
or certification procedure;

[[Page 293]]

    (B) For coatings to which the affected source does not add thinning
solvents, the source shall record the certification of the as-supplied
and as-applied VOHAP content of each batch and the volume of each
coating applied;
    (C) For coatings to which the affected source adds thinning solvent
on a coating-by-coating basis, the source shall record all of the
information required to be recorded by paragraph (b)(3)(ii) of this
section; and
    (D) For coatings to which the affected source adds thinning solvent
on a group basis, the source shall record all of the information
required to be recorded by paragraph (b)(3)(iii) of this section.
    (4) If the owner or operator of an affected source detects a
violation of the standards specified in Sec. 63.783, the owner or
operator shall, for the remainder of the reporting period during which
the violation(s) occurred, include the following information in his or
her records:
    (i) A summary of the number and duration of deviations during the
reporting period, classified by reason, including known causes for which
a Federally-approved or promulgated exemption from an emission
limitation or standard may apply.
    (ii) Identification of the data availability achieved during the
reporting period, including a summary of the number and total duration
of incidents that the monitoring protocol failed to perform in
accordance with the design of the protocol or produced data that did not
meet minimum data accuracy and precision requirements, classified by
reason.
    (iii) Identification of the compliance status as of the last day of
the reporting period and whether compliance was continuous or
intermittent during the reporting period.
    (iv) If, pursuant to paragraph (b)(4)(iii) of this section, the
owner or operator identifies any deviation as resulting from a known
cause for which no Federally-approved or promulgated exemption from an
emission limitation or standard applies, the monitoring report shall
also include all records that the source is required to maintain that
pertain to the periods during which such deviation occurred and:
    (A) The magnitude of each deviation;
    (B) The reason for each deviation;
    (C) A description of the corrective action taken for each deviation,
including action taken to minimize each deviation and action taken to
prevent recurrence; and
    (D) All quality assurance activities performed on any element of the
monitoring protocol.
    (5) Each owner or operator that receives approval pursuant to
Sec. 63.783(c) to use an add-on control system to control coating
emissions shall maintain records of the occurrence and duration of each
malfunction of operation (i.e., process equipment) or the required air
pollution control and monitoring equipment. Each owner or operator shall
maintain records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec. 63.783(b)(1), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
    (c) Reporting requirements. Before the 60th day following completion
of each 6 month period after the compliance date specified in
Sec. 63.784, each owner or operator of an affected source shall submit a
report to the Administrator for each of the previous 6 months. The
report shall include all of the information that must be retained
pursuant to paragraphs (b)(2) through (3) of this section, except for
that information specified in paragraphs (b)(2)(i) through (ii),
(b)(2)(v), (b)(3)(i)(A), (b)(3)(ii)(A), and (b)(3)(iii)(A). If a
violation at an affected source is detected, the owner or operator of
the affected source shall also report the information specified in
paragraph (b)(4) of this section for the reporting period during which
the violation(s) occurred. To the extent possible, the report shall be
organized according to the compliance procedure(s) followed each month
by the affected source. If there was a malfunction during the reporting
period, the report must also include the number, duration and a brief
description of each 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

[[Page 294]]

actions taken by an owner or operator during a malfunction of an
affected source to minimize emissions in accordance with
Sec. 63.783(b)(1), including actions taken to correct a malfunction.

[60 FR 64336, Dec. 15, 1995, as amended at 61 FR 66227, Dec. 17, 1996;
76 FR 72069, Nov. 21, 2011]



Sec. 63.789  Implementation and enforcement.

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

[68 FR 37353, June 23, 2003]



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

----------------------------------------------------------------------------------------------------------------
              Reference                 Applies to subpart II                       Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)-(3).......................  Yes...................  .................................................
63.1(a)(4)...........................  Yes...................  Subpart II clarifies the applicability of each
                                                                paragraph in subpart A to sources subject to
                                                                subpart II.
63.1(a)(5)-(7).......................  Yes...................
63.1(a)(8)...........................  No....................  Discusses State programs.
63.1(a)(9)-(14)......................  Yes...................
63.1(b)(1)...........................  Yes...................  Sec. 63.781 specifies applicability in more
                                                                detail.
63.1(b)(2)-(3).......................  Yes...................
63.1(c)-(e)..........................  Yes...................
63.2.................................  Yes...................  Additional terms are defined in Sec. 63.782;
                                                                when overlap between subparts A and II occurs,
                                                                subpart II takes precedence.
63.3.................................  Yes...................  Other units used in subpart II are defined in
                                                                that subpart.
63.4.................................  Yes...................
63.5(a)-(c)..........................  Yes...................
63.5(d)..............................  Yes...................  Except information on control devices and control
                                                                efficiencies should not be included in the
                                                                application unless an add-on control system is
                                                                or will be used to comply with subpart II in
                                                                accordance with Sec. 63.783(c).
63.5(e)-(f)..........................  Yes...................
63.6(a)-(b)..........................  Yes...................
63.6(c)-(d)..........................  Yes...................  Except Sec. 63.784(a) specifies the compliance
                                                                date for existing affected sources.
63.6(e)(1)(i)........................  No....................  See Sec. 63.783(b)(1) 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)-(f)(3)....................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then this section does apply.
63.6(g)..............................  No....................  Sec. 63.783(c) specifies procedures for
                                                                application and approval of alternative means of
                                                                limiting emissions.
63.6(h)..............................  No....................  Subpart II does not contain any opacity or
                                                                visible emission standards.
63.6(i)-(j)..........................  Yes...................

[[Page 295]]


63.7(a)-(d)..........................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then these sections do apply.
63.7(e)(1)...........................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then see Sec. 63.786(e).
63.7(e)(2)-(e)(4)....................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then these sections do apply.
63.8.................................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then this section does apply, with
                                                                the exception of Sec. 63.8(c)(1)(i), Sec.
                                                                63.8(c)(1)(iii), and the last sentence of Sec.
                                                                63.8(d)(3).
63.9(a)-(d)..........................  Yes...................  Sec. 63.787(a) extends the initial notification
                                                                deadline to 180 days. Sec. 63.787(b) requires
                                                                an implementation plan to be submitted with the
                                                                initial notification.
63.9(e)..............................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then this paragraph does apply.
63.9(f)..............................  No....................  Subpart II does not contain any opacity or
                                                                visible emission standards
63.9(g)-(h)..........................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c) then these paragraphs do apply.
63.9(i)-(j)..........................  Yes...................
63.10(a).............................  Yes.
63.10(b)(1)..........................  Yes.
63.10(b)(2)(i).......................  No.
63.10(b)(2)(ii)......................  No....................  See Sec. 63.788(b)(5) for recordkeeping of
                                                                occurrence, duration, and actions taken during
                                                                malfunctions.
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)......................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then these sections do apply.
63.10(c)(10)-(11)....................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then see Sec. 63.788(b)(5) for
                                                                records of malfunctions.
63.10(c)(12)-(14)....................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then these sections do apply.
63.10(c)(15).........................  No.
63.10(d)(1)-(4)......................  Yes.
63.10(d)(5)..........................  No....................  See Sec. 63.788(c) for reporting malfunctions.
63.10(e).............................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then this paragraph does apply.
63.10(f).............................  Yes...................
63.11................................  No....................  If an alternative means of limiting emissions
                                                                (e.g., an add-on control system) is used to
                                                                comply with subpart II in accordance with Sec.
                                                                63.783(c), then this section does apply.
63.12-63.15..........................  Yes...................
----------------------------------------------------------------------------------------------------------------


[60 FR 64336, Dec. 15, 1995, as amended at 76 FR 72070, Nov. 21, 2011]



  Sec. Table 2 to Subpart II of Part 63--Volatile Organic HAP (VOHAP)
                       Limits for Marine Coatings

------------------------------------------------------------------------
                                            VOHAP limits \a b c\
                                  --------------------------------------
                                   Grams/liter   Grams/liter solids \d\
                                     coating   -------------------------
         Coating category             (minus
                                    water and    t [ge]4.5      t <4.5
                                      exempt       deg.C      deg.C \e\
                                    compounds)
------------------------------------------------------------------------
General use......................          340          571          728
Specialty:
  Air flask......................          340          571          728
  Antenna........................          530        1,439
  Antifoulant....................          400          765          971
  Heat resistant.................          420          841        1,069
  High-gloss.....................          420          841        1,069
  High-temperature...............          500        1,237        1,597
  Inorganic zinc high-build......          340          571          728
  Military exterior..............          340          571          728
  Mist...........................          610        2,235
  Navigational aids..............          550        1,597
  Nonskid........................          340          571          728
  Nuclear........................          420          841        1,069

[[Page 296]]


  Organic zinc...................          360          630          802
  Pretreatment wash primer.......          780       11,095
  Repair and maint. of                     550        1,597
   thermoplastics................
  Rubber camouflage..............          340          571          728
  Sealant for thermal spray                610        2,235
   aluminum......................
  Special marking................          490        1,178
  Specialty interior.............          340          571          728
  Tack coat......................          610        2,235
  Undersea weapons systems.......          340          571          728
  Weld-through precon. primer....          650        2,885
------------------------------------------------------------------------
\a\ The limits are expressed in two sets of equivalent units. Either set
  of limits may be used for the compliance procedure described in Sec.
  63.785(c)(1), but only the limits expressed in units of g/L solids
  (nonvolatiles) shall be used for the compliance procedures described
  Sec. 63.785(c) (2) through (4).
\b\ VOC (including exempt compounds listed as HAP) shall be used as a
  surrogate for VOHAP for those compliance procedures described in Sec.
  63.785(c) (1) through (3).
\c\ To convert from g/L to lb/gal, multiply by (3.785 L/gal)(1/453.6 lb/
  g) or 1/120. For compliance purposes, metric units define the
  standards.
\d\ VOHAP limits expressed in units of mass of VOHAP per volume of
  solids were derived from the VOHAP limits expressed in units of mass
  of VOHAP per volume of coating assuming the coatings contain no water
  or exempt compounds and that the volumes of all components within a
  coating are additive.
\e\ These limits apply during cold-weather time periods, as defined in
  Sec. 63.782. Cold-weather allowances are not given to coatings in
  categories that permit less than 40 percent volume solids
  (nonvolatiles). Such coatings are subject to the same limits
  regardless of weather conditions.


[60 FR 64336, Dec. 15, 1995, as amended at 61 FR 66228, Dec. 17, 1996;
76 FR 72070, Nov. 21, 2011]



  Sec. Table 3 to Subpart II of Part 63--Summary of Recordkeeping and
                      Reporting Requirements \abc\

----------------------------------------------------------------------------------------------------------------
                                                     All Opts.       Option 1        Option 2        Option 3
                   Requirement                   ---------------------------------------------------------------
                                                    Rec     Rep     Rec     Rep     Rec     Rep     Rec     Rep
----------------------------------------------------------------------------------------------------------------
Notification (Sec. 63.9(a)-(d))................      X       X
Implementation plan (Sec. 63.787(b)) \d\.......      X       X
Volume of coating applied at unaffected major         X
 sources (Sec. 63.781(b))......................
Volume of each low-usage-exempt coating applied       X       X
 at affected sources (Sec. 63.781(c))..........
ID of the coatings used, their appropriate            X       X
 coating categories, and the applicable VOHAP
 limit..........................................
Determination of whether containers meet the          X       X
 standards described in Sec. 63.783(b)(3)......
Results of M-24 or other approved tests.........      X       X
Certification of the as-supplied VOC content of       X
 each batch.....................................
Certification of the as-applied VOC content of                        X
 each batch.....................................
Volume of each coating applied..................                      X       X
Density of each thinner and volume fraction of                                        X       X
 solids in each batch...........................
Maximum allowable thinning ratio(s) for each                                          X       X       X       X
 batch..........................................
Volume used of each batch, as supplied..........                                      X       X       X       X
Total allowable volume of thinner...............                                      X       X       X       X
Actual volume of thinner used...................                                      X       X       X       X
Identification of each group of coatings and                                                          X       X
 designated thinners............................
----------------------------------------------------------------------------------------------------------------
\a\ Affected sources that comply with the cold-weather limits must record and report additional information, as
  specified in Sec. 63.788(b)(3) (ii)(C), (iii)(C), and (iv)(D).
\b\ Affected sources that detect a violation must record and report additional information, as specified in Sec.
   63.788(b)(4).
\c\ OPTION 4: the recordkeeping and reporting requirements of Option 4 are identical to those of Options 1, 2,
  or 3, depending on whether and how thinners are used. However, when using Option 4, the term ``VOHAP'' shall
  be used in lieu of the term ``VOC,'' and the owner or operator shall record and report the Administrator-
  approved VOHAP test method or certification procedure.
\d\ Major sources that intend to become area sources by the compliance date may, in lieu of submitting an
  implementation plan, choose to submit a statement of intent as specified in Sec. 63.787(b)(4).


[[Page 297]]


[60 FR 64336, Dec. 15, 1995, as amended at 76 FR 72071, Nov. 21, 2011]



      Sec. Appendix A to Subpart II of Part 63--VOC Data Sheet \1\

    Properties of the Coating ``As Supplied'' by the Manufacturer \2\

Coating Manufacturer:___________________________________________________
Coating Identification:_________________________________________________
Batch Identification:___________________________________________________
Supplied To:____________________________________________________________
---------------------------------------------------------------------------

    \1\ Adapted from EPA-340/1-86-016 (July 1986), p. II-2.
    \2\ The subscript ``s'' denotes each value is for the coating ``as
supplied'' by the manufacturer.

---------------------------------------------------------------------------
    Properties of the coating as supplied \1\ to the customer:

A. Coating Density: (Dc)s ---- g/L
    [  ] ASTM D1475-90 *  [  ] Other \3\
B. Total Volatiles: (mv)s ---- Mass Percent
    [  ] ASTM D2369-93 or 95 * [  ] Other \3\
C. Water Content: 1. (mw)s ---- Mass Percent
---------------------------------------------------------------------------

    * Incorporation by reference--see Sec. 63.14.
    \3\ Explain the other method used under ``Remarks.''
---------------------------------------------------------------------------

    [  ] ASTM D3792-91 *  [  ] ASTM D4017-81, 90, or 96a *  [  ] Other
\3\
    2. (vw)s ---- Volume Percent
    [  ] Calculated  [  ] Other \3\
D. Organic Volatiles: (mo)s ---- Mass Percent
E. Nonvolatiles: (vn)s ---- Volume Percent
    [  ] Calculated  [  ] Other \3\
F. VOC Content (VOC)s:
    1. ---- g/L solids (nonvolatiles)
    2. ---- g/L coating (less water and exempt compounds)
G. Thinner Density: Dth ---- g/L
    ASTM ---- [  ] Other \3\

Remarks: (use reverse side)

    Signed: -------------- Date: ----------------------------

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

[[Page 298]]



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


[[Page 299]]





Subpart JJ_National Emission Standards for Wood Furniture Manufacturing
                               Operations

    Source: 60 FR 62936, Dec. 7, 1995, unless otherwise noted.



Sec. 63.800  Applicability.

    (a) The affected source to which this subpart applies is each
facility that is engaged, either in part or in whole, in the manufacture
of wood furniture or wood furniture components and that is located at a
plant site that is a major source as defined in 40 CFR part 63, subpart
A, Sec. 63.2. The owner or operator of a source that meets the
definition for an incidental wood furniture manufacturer shall maintain
purchase or usage records demonstrating that the source meets the
definition in Sec. 63.801 of this subpart, but the source shall not be
subject to any other provisions of this subpart.
    (b) A source that complies with the limits and criteria specified in
paragraphs (b)(1), (b)(2), or (b)(3) of this section is an area source
for the purposes of this subpart and is not subject to any other
provision of this rule, provided that: In the case of paragraphs (b)(1)
and (b)(2), finishing materials, adhesives, cleaning solvents and
washoff solvents used for wood furniture or wood furniture component
manufacturing operations account for at least 90 percent of annual HAP
emissions at the plant site, and if the plant site has HAP emissions
that do not originate from the listed materials, the owner or operator
shall keep any records necessary to demonstrate that the 90 percent
criterion is being met. A source that initially relies on the limits and
criteria specified in paragraphs (b)(1), (b)(2), and (b)(3) to become an
area source, but subsequently exceeds the relevant limit (without first
obtaining and complying with other limits that keep its potential to
emit hazardous air pollutants below major source levels), becomes a
major source and must comply thereafter with all applicable provisions
of this subpart starting on the applicable compliance date in
Sec. 63.800. Nothing in this paragraph (b) is intended to preclude a
source from limiting its potential to emit through other appropriate
mechanisms that may be available through the permitting authority.
    (1) The owner or operator of the source uses no more than 250
gallons per month, for every month, of coating, gluing, cleaning, and
washoff materials at the source, including materials used for source
categories other than wood furniture (surface coating), but excluding
materials used in routine janitorial or facility grounds maintenance,
personal uses by employees or other persons, the use of products for the
purpose of maintaining motor vehicles operated by the facility, or the
use of toxic chemicals contained in intake water (used for processing or
noncontact cooling) or intake air (used either as compressed air or for
combustion). The owner or operator shall maintain records of the total
gallons of coating, gluing, cleaning, and washoff materials used each
month, and upon request submit such records to the Administrator. These
records shall be maintained for five years.
    (2) The owner or operator of the source uses no more than 3,000
gallons per rolling 12-month period, for every 12-month period, of
coating, gluing, cleaning, and washoff materials at the source,
including materials used for source categories other than wood furniture
(surface coating), but excluding materials used in routine janitorial or
facility grounds maintenance, personal uses by employees or other
persons, the use of products for the purpose of maintaining motor
vehicles operated by the facility, or the use of toxic chemicals
contained in intake water (used for processing or noncontact cooling) or
intake air (used either as compressed air or for combustion). A rolling
12-month period includes the previous 12 months of operation. The owner
or operator of the source shall maintain records of the total gallons of
coating, gluing, cleaning, and washoff materials used each month and the
total gallons used each previous month, and upon request submit such
records to the Administrator. Because records are needed over the
previous set of 12 months, the owner or operator shall keep monthly
records beginning no less than one year before the compliance date
specified in Sec. 63.800(e).

[[Page 300]]

Records shall be maintained for five years.
    (3) The source emits no more than 4.5 Mg (5 tons) of any one HAP per
rolling 12-month period and no more than 11.4 Mg (12.5 tons) of any
combination of HAP per rolling 12-month period, and at least 90 percent
of the plantwide emissions per rolling 12-month period are associated
with the manufacture of wood furniture or wood furniture components.
    (c) This subpart does not apply to research or laboratory facilities
as defined in Sec. 63.801.
    (d) This subpart does not apply to any surface coating or coating
operation that meets any of the criteria of paragraphs (d)(1) through
(4) of this section.
    (1) Surface coating of metal parts and products other than metal
components of wood furniture that meets the applicability criteria for
miscellaneous metal parts and products surface coating (subpart MMMM of
this part).
    (2) Surface coating of plastic parts and products other than plastic
components of wood furniture that meets the applicability criteria for
plastic parts and products surface coating (subpart PPPP of this part).
    (3) Surface coating of wood building products that meets the
applicability criteria for wood building products surface coating
(subpart QQQQ of this part). The surface coating of millwork and trim
associated with cabinet manufacturing are subject to subpart JJ.
    (4) Surface coating of metal furniture that meets the applicability
criteria for metal furniture surface coating (subpart RRRR of this
part). Surface coating of metal components of wood furniture performed
at a wood furniture or wood furniture component manufacturing facility
are subject to subpart JJ.
    (e) Owners or operators of affected sources shall also comply with
the requirements of subpart A of this part (General Provisions),
according to the applicability of subpart A to such sources, as
identified in Table 1 of this subpart.
    (f) The compliance date for existing affected sources that emit less
than 50 tons per year of HAP in 1996 is December 7, 1998. The compliance
date for existing affected sources that emit 50 tons or more of
hazardous air pollutants in 1996 is November 21, 1997. The owner or
operator of an existing area source that increases its emissions of (or
its potential to emit) HAP such that the source becomes a major source
that is subject to this subpart shall comply with this subpart one year
after becoming a major source.
    (g) Existing affected sources shall be in compliance with
Sec. 63.802(a)(4) and Sec. 63.803(h) no later than November 21, 2014.
The owner or operator of an existing area source that increases its
emissions of (or its potential to emit) hazardous air pollutants (HAP)
such that the source becomes a major source that is subject to this
subpart shall comply with this subpart 1 year after becoming a major
source.
    (h) New affected sources must comply with the provisions of this
standard immediately upon startup or by December 7, 1995, whichever is
later. New area sources that become major sources shall comply with the
provisions of this standard immediately upon becoming a major source.
    (i) Reconstructed affected sources are subject to the requirements
for new affected sources. The costs associated with the purchase and
installation of air pollution control equipment (e.g., incinerators,
carbon adsorbers, etc.) are not considered in determining whether the
facility has been reconstructed, unless the control equipment is
required as part of the process (e.g., product recovery). Additionally,
the costs of retrofitting and replacement of equipment that is installed
specifically to comply with this subpart are not considered
reconstruction costs. For example, an affected source may convert to
waterborne coatings to meet the requirements of this subpart. At most
facilities, this conversion will require the replacement of existing
storage tanks, mix equipment, and transfer lines. The cost of replacing
the equipment is not considered in determining whether the facility has
been reconstructed.
    (j) If the owner or operator, in accordance with 40 CFR 63.804, uses
a control system as a means of limiting emissions, in response to an
action to enforce the standards set forth in this

[[Page 301]]

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 in 40 CFR 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.
    (1) To establish the affirmative defense in any action to enforce
such a limit, the owner or operator must timely meet the notification
requirements in paragraph (j)(2) of this section, and must prove by a
preponderance of evidence that:
    (i) The excess emissions:
    (A) 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; and
    (B) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices; and
    (C) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and
    (D) Were not part of a recurring pattern indicative of inadequate
design, operation, or maintenance; and
    (ii) 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; and
    (iii) The frequency, amount and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions; and
    (iv) 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; and
    (v) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment, and human
health; and
    (vi) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices; and
    (vii) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the facility was operated in a manner
consistent with good practices for minimizing emissions; and
    (ix) 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.
    (2) 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 (h)(1) 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.

[60 FR 62936, Dec. 7, 1995, as amended at 62 FR 30259, June 3, 1997; 76
FR 72071, Nov. 21, 2011]



Sec. 63.801  Definitions.

    (a) All terms used in this subpart that are not defined below have
the

[[Page 302]]

meaning given to them in the CAA and in subpart A (General Provisions)
of this part.
    Adhesive means any chemical substance that is applied for the
purpose of bonding two surfaces together other than by mechanical means.
Under this subpart, adhesives shall not be considered coatings or
finishing materials. Products used on humans and animals, adhesive tape,
contact paper, or any other product with an adhesive incorporated onto
or in an inert substrate shall not be considered adhesives under this
subpart.
    Administrator means the Administrator of the United States
Environmental Protection Agency or his or her authorized representative.
    Aerosol adhesive means an adhesive that is dispensed from a
pressurized container as a suspension of fine solid or liquid particles
in gas.
    Affected source means a wood furniture manufacturing facility that
is engaged, either in part or in whole, in the manufacture of wood
furniture or wood furniture components and that is located at a plant
site that is a major source as defined in 40 CFR part 63.2, excluding
sources that meet the criteria established in Sec. 63.800(a), (b) and
(c) of this subpart.
    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.
    Alternative method means any method of sampling and analyzing for an
air pollutant that is not a reference or equivalent method but has been
demonstrated to the Administrator's satisfaction to, in specific cases,
produce results adequate for a determination of compliance.
    As applied means the HAP and solids content of the coating or
contact adhesive that is actually used for coating or gluing the
substrate. It includes the contribution of materials used for in-house
dilution of the coating or contact adhesive.
    Basecoat means a coat of colored material, usually opaque, that is
applied before graining inks, glazing coats, or other opaque finishing
materials, and is usually topcoated for protection.
    Baseline conditions means the conditions that exist prior to an
affected source implementing controls, such as a control system.
    Building enclosure means a building housing a process that meets the
requirements of a temporary total enclosure. The EPA Method 204E is used
to identify all emission points from the building enclosure and to
determine which emission points must be tested. For additional
information see Guidelines for Determining Capture Efficiency, January
1994. Docket No. A-93-10, Item No. IV-B-1.
    Capture device means a hood, enclosed room, floor sweep, or other
means of collecting solvent emissions or other pollutants into a duct so
that the pollutant can be directed to a pollution control device such as
an incinerator or carbon adsorber.
    Capture efficiency means the fraction of all organic vapors
generated by a process that are directed to a control device.
    Certified product data sheet (CPDS) means documentation furnished by
coating or adhesive suppliers or an outside laboratory that provides:
    (1) The VHAP content of a finishing material, contact adhesive, or
solvent, by percent weight, measured using the EPA Method 311 (as
promulgated in this subpart), or an equivalent or alternative method (or
formulation data if the coating meets the criteria specified in
Sec. 63.805(a));
    (2) The solids content of a finishing material or contact adhesive
by percent weight, determined using data from the EPA Method 24, or an
alternative or equivalent method (or formulation data if the coating
meets the criteria specified in Sec. 63.805 (a)); and
    (3) The density, measured by EPA Method 24 or an alternative or
equivalent method. Therefore, the reportable VHAP content shall
represent the maximum aggregate emissions potential of the finishing
material, adhesive, or solvent in concentrations greater than or equal
to 1.0 percent by weight or 0.1 percent for VHAP that are carcinogens,
as defined by the Occupational Safety and Health Administration Hazard
Communication Standard (29 CFR part

[[Page 303]]

1910), as formulated. Only VHAP present in concentrations greater than
or equal to 1.0 percent by weight, or 0.1 percent for VHAP that are
carcinogens, must be reported on the CPDS. The purpose of the CPDS is to
assist the affected source in demonstrating compliance with the emission
limitations presented in Sec. 63.802.
    Note: Because the optimum analytical conditions under EPA Method 311
vary by coating, the coating or adhesive supplier may also choose to
include on the CPDS the optimum analytical conditions for analysis of
the coating, adhesive, or solvent using EPA Method 311. Such information
may include, but not be limited to, separation column, oven temperature,
carrier gas, injection port temperature, extraction solvent, and
internal standard.)
    Cleaning operations means operations in which organic HAP solvent is
used to remove coating materials or adhesives from equipment used in
wood furniture manufacturing operations.
    Coating means a protective, decorative, or functional film applied
in a thin layer to a surface. Such materials include, but are not
limited to, paints, topcoats, varnishes, sealers, stains, washcoats,
basecoats, enamels, inks, and temporary protective coatings. Aerosol
spray paints used for touch-up and repair are not considered coatings
under this subpart.
    Coating application station means the part of a coating operation
where the coating is applied, e.g., a spray booth.
    Coating operation means those activities in which a coating is
applied to a substrate and is subsequently air-dried, cured in an oven,
or cured by radiation.
    Coating solids (or solids) means the part of the coating which
remains after the coating is dried or cured; solids content is
determined using data from the EPA Method 24, or an equivalent or
alternative method.
    Compliant coating/contact adhesive means a finishing material,
contact adhesive, or strippable booth coating that meets the emission
limits specified in Table 3 of this subpart.
    Contact adhesive means an adhesive that is applied to two
substrates, dried, and mated under only enough pressure to result in
good contact. The bond is immediate and sufficiently strong to hold
pieces together without further clamping, pressure, or airing.
    Continuous coater means a finishing system that continuously applies
finishing materials onto furniture parts moving along a conveyor.
Finishing materials that are not transferred to the part are recycled to
a reservoir. Several types of application methods can be used with a
continuous coater including spraying, curtain coating, roll coating, dip
coating, and flow coating.
    Continuous compliance means that the affected source is meeting the
emission limitations and other requirements of the rule at all times and
is fulfilling all monitoring and recordkeeping provisions of the rule in
order to demonstrate compliance.
    Control device means any equipment that reduces the quantity of a
pollutant that is emitted to the air. The device may destroy or secure
the pollutant for subsequent recovery. Includes, but is not limited to,
incinerators, carbon adsorbers, and condensers.
    Control device efficiency means the ratio of the pollutant released
by a control device and the pollutant introduced to the control device.
    Control system means the combination of capture and control devices
used to reduce emissions to the atmosphere.
    Conventional air spray means a spray coating method in which the
coating is atomized by mixing it with compressed air and applied at an
air pressure greater than 10 pounds per square inch (gauge) at the point
of atomization. Airless and air assisted airless spray technologies are
not conventional air spray because the coating is not atomized by mixing
it with compressed air. Electrostatic spray technology is also not
considered conventional air spray because an electrostatic charge is
employed to attract the coating to the workpiece.
    Data quality objective (DQO) approach means a set of approval
criteria that must be met so that data from an alternative test method
can be used in determining the capture efficiency of a control system.
For additional information, see Guidelines for Determining Capture
Efficiency, January 1994. (Docket No. A-93-10, Item No. IV-B-1).
    Day means a period of 24 consecutive hours beginning at midnight
local

[[Page 304]]

time, or beginning at a time consistent with a facility's operating
schedule.
    Disposed offsite means sending used organic HAP solvent or coatings
outside of the facility boundaries for disposal.
    Emission means the release or discharge, whether directly or
indirectly, of HAP into the ambient air.
    Enamel means a coat of colored material, usually opaque, that is
applied as a protective topcoat over a basecoat, primer, or previously
applied enamel coats. In some cases, another finishing material may be
applied as a topcoat over the enamel.
    Equipment leak means emissions of VHAP from pumps, valves, flanges,
or other equipment used to transfer or apply coatings, adhesives, or
organic HAP solvents.
    Equivalent method means any method of sampling and analyzing for an
air pollutant that has been demonstrated to the Administrator's
satisfaction to have a consistent and quantitatively known relationship
to the reference method, under specific conditions.
    Finishing material means a coating used in the wood furniture
industry. Such materials include, but are not limited to, stains,
basecoats, washcoats, enamels, sealers, and topcoats.
    Finishing operation means those operations in which a finishing
material is applied to a substrate and is subsequently air-dried, cured
in an oven, or cured by radiation.
    Foam adhesive means a contact adhesive used for gluing foam to
fabric, foam to foam, and fabric to wood.
    Gluing operation means those operations in which adhesives are used
to join components, for example, to apply a laminate to a wood substrate
or foam to fabric.
    Incidental wood furniture manufacturer means a major source that is
primarily engaged in the manufacture of products other than wood
furniture or wood furniture components and that uses no more than 100
gallons per month of finishing material or adhesives in the manufacture
of wood furniture or wood furniture components.
    Incinerator means, for the purposes of this industry, an enclosed
combustion device that thermally oxidizes volatile organic compounds to
CO and CO2. This term does not include devices that burn
municipal or hazardous waste material.
    Janitorial maintenance means the upkeep of equipment or building
structures that is not directly related to the manufacturing process,
for example, cleaning of restroom facilities.
    Low-formaldehyde means, in the context of a coating or contact
adhesive, a product concentration of less than or equal to 1.0 percent
formaldehyde by weight, as described in a certified product data sheet
for the material.
    Lower confidence limit (LCL) approach means a set of approval
criteria that must be met so that data from an alternative test method
can be used in determining the capture efficiency of a control system.
For additional information, see Guidelines for Determining Capture
Efficiency, January 1994. (Docket No. A-93-10, Item No. IV-B-1).
    Material safety data sheet (MSDS) means the documentation required
for hazardous chemicals by the Occupational Safety and Health
Administration (OSHA) Hazard Communication Standard (29 CFR part 1910)
for a solvent, cleaning material, contact adhesive, coating, or other
material that identifies select reportable hazardous ingredients of the
material, safety and health considerations, and handling procedures.
    Noncompliant coating/contact adhesive means a finishing material,
contact adhesive, or strippable booth coating that has a VHAP content
(VOC content for the strippable booth coating) greater than the emission
limitation presented in Table 3 of this subpart.
    Nonporous substrate means a surface that is impermeable to liquids.
Examples include metal, rigid plastic, flexible vinyl, and rubber.
    Normally closed container means a container that is closed unless an
operator is actively engaged in activities such as emptying or filling
the container.
    Operating parameter value means a minimum or maximum value
established for a control device or process parameter that, if achieved
by itself or in combination with one or more other operating parameter
values, determines that an owner or operator has

[[Page 305]]

complied with an applicable emission limit.
    Organic HAP solvent means a HAP that is a volatile organic liquid
used for dissolving or dispersing constituents in a coating or contact
adhesive, adjusting the viscosity of a coating or contact adhesive, or
cleaning equipment. When used in a coating or contact adhesive, the
organic HAP solvent evaporates during drying and does not become a part
of the dried film.
    Overall control efficiency means the efficiency of a control system,
calculated as the product of the capture and control device
efficiencies, expressed as a percentage.
    Permanent total enclosure means a permanently installed enclosure
that completely surrounds a source of emissions such that all emissions
are captured and contained for discharge through a control device. For
additional information, see Guidelines for Determining Capture
Efficiency, January 1994. (Docket No. A-93-10, Item No. IV-B-1).
    Recycled onsite means the reuse of an organic HAP solvent in a
process other than cleaning or washoff.
    Reference method means any method of sampling and analyzing for an
air pollutant that is published in appendix A of 40 CFR part 60.
    Research or laboratory facility means any stationary source whose
primary purpose is to conduct research and development to develop new
processes and products where such source is operated under the close
supervision of technically trained personnel and is not engaged in the
manufacture of products for commercial sale in commerce, except in a de
minimis manner.
    Responsible official has the meaning given to it in 40 CFR part 70,
State Operating Permit Programs (Title V permits).
    Sealer means a finishing material used to seal the pores of a wood
substrate before additional coats of finishing material are applied.
Special purpose finishing materials that are used in some finishing
systems to optimize aesthetics are not sealers.
    Solvent means a liquid used in a coating or contact adhesive to
dissolve or disperse constituents and/or to adjust viscosity. It
evaporates during drying and does not become a part of the dried film.
    Stain means any color coat having a solids content by weight of no
more than 8.0 percent that is applied in single or multiple coats
directly to the substrate. It includes, but is not limited to, nongrain
raising stains, equalizer stains, prestains, sap stains, body stains,
no-wipe stains, penetrating stains, and toners.
    Storage containers means vessels or tanks, including mix equipment,
used to hold finishing, gluing, cleaning, or washoff materials.
    Strippable spray booth material means a coating that:
    (1) Is applied to a spray booth wall to provide a protective film to
receive over spray during finishing operations;
    (2) That is subsequently peeled off and disposed; and
    (3) By achieving (1) and (2) of this definition reduces or
eliminates the need to use organic HAP solvents to clean spray booth
walls.
    Substrate means the surface onto which a coating or contact adhesive
is applied (or into which a coating or contact adhesive is impregnated).
    Temporary total enclosure means an enclosure that meets the
requirements of Sec. 63.805(e)(1) (i) through (iv) and is not permanent,
but constructed only to measure the capture efficiency of pollutants
emitted from a given source. Additionally, any exhaust point from the
enclosure shall be at least four equivalent duct or hood diameters from
each natural draft opening. For additional information, see Guidelines
for Determining Capture Efficiency, January 1994. (Docket No. A-93-10,
Item No. IV-B-1).
    Thinner means a volatile liquid that is used to dilute coatings or
contact adhesives (to reduce viscosity, color strength, and solids, or
to modify drying conditions).
    Topcoat means the last film-building finishing material that is
applied in a finishing system.
    Touchup and repair means the application of finishing materials to
cover minor finishing imperfections.
    VHAP means any volatile hazardous air pollutant listed in Table 2 to
Subpart JJ.

[[Page 306]]

    VHAP of potential concern means any VHAP from the list in table 6 of
this subpart.
    Volatile organic compound (VOC) means any organic compound which
participates in atmospheric photochemical reactions, that is, any
organic compound other than those which the Administrator designates as
having negligible photochemical reactivity. A VOC may be measured by a
reference method, an equivalent method, an alternative method, or by
procedures specified under any rule. A reference method, an equivalent
method, or an alternative method, however, may also measure nonreactive
organic compounds. In such cases, the owner or operator may exclude the
nonreactive organic compounds when determining compliance with a
standard. For a list of compounds that the Administrator has designated
as having negligible photochemical reactivity, refer to 40 CFR part
51.10.
    Washcoat means a transparent special purpose finishing material
having a solids content by weight of 12.0 percent by weight or less.
Washcoats are applied over initial stains to protect, to control color,
and to stiffen the wood fibers in order to aid sanding.
    Washoff operations means those operations in which organic HAP
solvent is used to remove coating from wood furniture or a wood
furniture component.
    Wood furniture means any product made of wood, a wood product such
as rattan or wicker, or an engineered wood product such as particleboard
that is manufactured at any facility that is engaged, either in part or
in whole, in the manufacture of wood furniture or wood furniture
components, including, but not limited to, facilities under any of the
following standard industrial classification codes: 2434, 2511, 2512,
2517, 2519, 2521, 2531, 2541, 2599, or 5712.
    Wood furniture component means any part that is used in the
manufacture of wood furniture. Examples include, but are not limited to,
drawer sides, cabinet doors, seat cushions, and laminated tops. However,
foam seat cushions manufactured and fabricated at a facility that does
not engage in any other wood furniture or wood furniture component
manufacturing operation are excluded from this definition.
    Wood furniture manufacturing operations means the finishing, gluing,
cleaning, and washoff operations associated with the production of wood
furniture or wood furniture components.
    (b) The nomenclature used in this subpart has the following meaning:
    (1) Ak = the area of each natural draft opening (k) in a
total enclosure, in square meters.
    (2) Cc = the VHAP content of a finishing material (c), in
kilograms of volatile hazardous air pollutants per kilogram of coating
solids (kg VHAP/kg solids), as supplied. Also given in pounds of
volatile hazardous air pollutants per pound of coating solids (lb VHAP/
lb solids).
    (3) Caj = the concentration of VHAP in gas stream (j)
exiting the control device, in parts per million by volume.
    (4) Cbi = the concentration of VHAP in gas stream (i)
entering the control device, in parts per million by volume.
    (5) Cdi = the concentration of VHAP in gas stream (i)
entering the control device from the affected source, in parts per
million by volume.
    (6) Cfk = the concentration of VHAP in uncontrolled gas
stream (k) emitted directly to the atmosphere from the affected source,
in parts per million by volume.
    (7) E = the emission limit achieved by an emission point or a set of
emission points, in kg VHAP/kg solids (lb VHAP/lb solids).
    (8) F = the control device efficiency, expressed as a fraction.
    (9) FV = the average inward face velocity across all natural draft
openings in a total enclosure, in meters per hour.
    (10) G = the VHAP content of a contact adhesive, in kg VHAP/kg
solids (lb VHAP/lb solids), as applied.
    (11) M = the mass of solids in finishing material used monthly, kg
solids/month (lb solids/month).
    (12) N = the capture efficiency, expressed as a fraction.
    (13) Qaj = the volumetric flow rate of gas stream (j)
exiting the control device, in dry standard cubic meters per hour.

[[Page 307]]

    (14) Qbi = the volumetric flow rate of gas stream (i)
entering the control device, in dry standard cubic meters per hour.
    (15) Qdi = the volumetric flow rate of gas stream (i)
entering the control device from the emission point, in dry standard
cubic meters per hour.
    (16) Qfk = the volumetric flow rate of uncontrolled gas
stream (k) emitted directly to the atmosphere from the emission point,
in dry standard cubic meters per hour.
    (17) Qin  i = the volumetric flow rate of gas stream (i)
entering the total enclosure through a forced makeup air duct, in
standard cubic meters per hour (wet basis).
    (18) Qout  j = the volumetric flow rate of gas stream
(j) exiting the total enclosure through an exhaust duct or hood, in
standard cubic meters per hour (wet basis).
    (19) R = the overall efficiency of the control system, expressed as
a percentage.
    (20) S = the VHAP content of a solvent, expressed as a weight
fraction, added to finishing materials.
    (21) W = the amount of solvent, in kilograms (pounds), added to
finishing materials during the monthly averaging period.
    (22) ac = after the control system is installed and operated.
    (23) bc = before control.
    (24) Cf = the formaldehyde content of a finishing
material (c), in pounds of formaldehyde per gallon of coating (lb/gal).
    (25) Ftotal = total formaldehyde emissions in each
rolling 12 month period.
    (26) Gf = the formaldehyde content of a contact adhesive
(g), in pounds of formaldehyde per gallon of contact adhesive (lb/gal).
    (27) Vc = the volume of formaldehyde-containing finishing
material (c), in gal.
    (28) Vg = the volume of formaldehyde-containing contact
adhesive (g), in gal.

[60 FR 62936, Dec. 7, 1995, as amended at 62 FR 30260, June 3, 1997; 62
FR 31363, June 9, 1997; 63 FR 71380, Dec. 28, 1998; 76 FR 72072, Nov.
21, 2011]



Sec. 63.802  Emission limits.

    (a) Each owner or operator of an existing affected source subject to
this subpart shall:
    (1) Limit VHAP emissions from finishing operations by meeting the
emission limitations for existing sources presented in Table 3 of this
subpart, using any of the compliance methods in Sec. 63.804(a). To
determine VHAP emissions from a finishing material containing
formaldehyde or styrene, the owner or operator of the affected source
shall use the methods presented in Sec. 63.803(l)(2) for determining
styrene and formaldehyde usage.
    (2) Limit VHAP emissions from contact adhesives by achieving a VHAP
limit for contact adhesives based on the following criteria:
    (i) For foam adhesives (contact adhesives used for upholstery
operations) used in products that meet the upholstered seating
flammability requirements of California Technical Bulletin 116, 117, or
133, the Business and Institutional Furniture Manufacturers
Association's (BIFMA's) X5.7, UFAC flammability testing, or any similar
requirements from local, State, or Federal fire regulatory agencies, the
VHAP content of the adhesive shall not exceed 1.8 kg VHAP/kg solids (1.8
lb VHAP/lb solids), as applied; or
    (ii) For all other contact adhesives (including foam adhesives used
in products that do not meet the standards presented in paragraph
(a)(2)(i) of this section, but excluding aerosol adhesives and excluding
contact adhesives applied to nonporous substrates, the VHAP content of
the adhesive shall not exceed 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb
solids), as applied.
    (3) Limit HAP emissions from strippable spray booth coatings by
using coatings that contain no more than 0.8 kg VOC/kg solids (0.8 lb
VOC/lb solids), as applied.
    (4) Limit formaldehyde emissions by complying with the provisions
specified in either paragraph (a)(4)(i) or (a)(4)(ii) of this section.
    (i) Limit total formaldehyde (Ftotal) use in coatings and
contact adhesives to no more than 400 pounds per rolling 12 month
period.
    (ii) Use coatings and contact adhesives only if they are low-
formaldehyde

[[Page 308]]

coatings and adhesives, in any wood furniture manufacturing operations.
    (b) Each owner or operator of a new affected source subject to this
subpart shall:
    (1) Limit VHAP emissions from finishing operations by meeting the
emission limitations for new sources presented in Table 3 of this
subpart using any of the compliance methods in Sec. 63.804(d). To
determine VHAP emissions from a finishing material containing
formaldehyde or styrene, the owner or operator of the affected source
shall use the methods presented in Sec. 63.803(l)(2) for determining
styrene and formaldehyde usage.
    (2) Limit VHAP emissions from contact adhesives by achieving a VHAP
limit for contact adhesives, excluding aerosol adhesives and excluding
contact adhesives applied to nonporous substrates, of no greater than
0.2 kg VHAP/kg solids (0.2 lb VHAP/lb solids), as applied, using either
of the compliance methods in Sec. 63.804(e).
    (3) Limit HAP emissions from strippable spray booth coatings by
using coatings that contain no more than 0.8 kg VOC/kg solids (0.8 lb
VOC/lb solids), as applied.
    (4) Limit formaldehyde emissions by complying with the provisions
specified in either paragraph (b)(4)(i) or (b)(4)(ii) of this section.
    (i) Limit total formaldehyde (Ftotal) use in coatings and
contact adhesives to no more than 400 pounds per rolling 12 month
period.
    (ii) Use coatings and contact adhesives only if they are low-
formaldehyde coatings and adhesives, in any wood furniture manufacturing
operations.
    (c) 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.

[60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72072, Nov. 21, 2011]



Sec. 63.803  Work practice standards.

    (a) Work practice implementation plan. (1) Each owner or operator of
an affected source subject to this subpart shall prepare and maintain a
written work practice implementation plan that defines environmentally
desirable work practices for each wood furniture operation manufacturing
operation and addresses each of the work practice standards presented in
paragraphs (b) through (l) of this section. The plan shall be developed
no more than 60 days after the compliance date.
    (2) The written work practice implementation plan shall be available
for inspection by the Administrator (or delegated State, local, or
Tribal authority) upon request. If the Administrator (or delegated
State, local, or Tribal authority) determines that the work practice
implementation plan does not include sufficient mechanisms for ensuring
that the work practice standards are being implemented, the
Administrator (or delegated State, local, or Tribal authority) may
require the affected source to modify the plan. Revisions or
modifications to the plan do not require a revision of the source's
Title V permit.
    (3) The inspection and maintenance plan required by paragraph (c) of
this section and the formulation assessment plan for finishing
operations required by paragraph (l) of this section are also reviewable
by the Administrator (or delegated State, local, or Tribal authority).
    (b) Operator training course. Each owner or operator of an affected
source shall train all new and existing personnel, including contract
personnel, who are involved in finishing, gluing, cleaning, and washoff
operations, use of manufacturing equipment, or implementation of the
requirements of this subpart. All new personnel, those hired after the
compliance date of the standard, shall be trained upon hiring. All
existing personnel, those hired before the compliance date of the
standard, shall be trained within six months of the compliance date of
the standard.

[[Page 309]]

All personnel shall be given refresher training annually. The affected
source shall maintain a copy of the training program with the work
practice implementation plan. The training program shall include, at a
minimum, the following:
    (1) A list of all current personnel by name and job description that
are required to be trained;
    (2) An outline of the subjects to be covered in the initial and
refresher training for each position or group of personnel;
    (3) Lesson plans for courses to be given at the initial and the
annual refresher training that include, at a minimum, appropriate
application techniques, appropriate cleaning and washoff procedures,
appropriate equipment setup and adjustment to minimize finishing
material usage and overspray, and appropriate management of cleanup
wastes; and
    (4) A description of the methods to be used at the completion of
initial or refresher training to demonstrate and document successful
completion.
    (c) Inspection and maintenance plan. Each owner or operator of an
affected source shall prepare and maintain with the work practice
implementation plan a written leak inspection and maintenance plan that
specifies:
    (1) A minimum visual inspection frequency of once per month for all
equipment used to transfer or apply coatings, adhesives, or organic HAP
solvents;
    (2) An inspection schedule;
    (3) Methods for documenting the date and results of each inspection
and any repairs that were made;
    (4) The timeframe between identifying the leak and making the
repair, which adheres, at a minimum, to the following schedule:
    (i) A first attempt at repair (e.g., tightening of packing glands)
shall be made no later than five calendar days after the leak is
detected; and
    (ii) Final repairs shall be made within 15 calendar days after the
leak is detected, unless the leaking equipment is to be replaced by a
new purchase, in which case repairs shall be completed within three
months.
    (d) Cleaning and washoff solvent accounting system. Each owner or
operator of an affected source shall develop an organic HAP solvent
accounting form to record:
    (1) The quantity and type of organic HAP solvent used each month for
washoff and cleaning, as defined in Sec. 63.801 of this subpart;
    (2) The number of pieces washed off, and the reason for the washoff;
and
    (3) The quantity of spent organic HAP solvent generated from each
washoff and cleaning operation each month, and whether it is recycled
onsite or disposed offsite.
    (e) Chemical composition of cleaning and washoff solvents. Each
owner or operator of an affected source shall not use cleaning or
washoff solvents that contain any of the pollutants listed in Table 4 to
this subpart, in concentrations subject to MSDS reporting as required by
OSHA.
    (f) Spray booth cleaning. Each owner or operator of an affected
source shall not use compounds containing more than 8.0 percent by
weight of VOC for cleaning spray booth components other than conveyors,
continuous coaters and their enclosures, or metal filters, or plastic
filters unless the spray booth is being refurbished. If the spray booth
is being refurbished, that is the spray booth coating or other
protective material used to cover the booth is being replaced, the
affected source shall use no more than 1.0 gallon of organic HAP solvent
per booth to prepare the surface of the booth prior to applying the
booth coating.
    (g) Storage requirements. Each owner or operator of an affected
source shall use normally closed containers for storing finishing,
gluing, cleaning, and washoff materials.
    (h) Application equipment requirements. Each owner or operator of an
affected source shall not use conventional air spray guns except when
all emissions from the finishing application station are routed to a
functioning control device.
    (i) Line cleaning. Each owner or operator of an affected source
shall pump or drain all organic HAP solvent used for line cleaning into
a normally closed container.
    (j) Gun cleaning. Each owner or operator of an affected source shall
collect all organic HAP solvent used to clean

[[Page 310]]

spray guns into a normally closed container.
    (k) Washoff operations. Each owner or operator of an affected source
shall control emissions from washoff operations by:
    (1) Using normally closed tanks for washoff; and
    (2) Minimizing dripping by tilting or rotating the part to drain as
much solvent as possible.
    (l) Formulation assessment plan for finishing operations. Each owner
or operator of an affected source shall prepare and maintain with the
work practice implementation plan a formulation assessment plan that:
    (1) Identifies VHAP from the list presented in Table 5 of this
subpart that are being used in finishing operations by the affected
source;
    (2) Establishes a baseline level of usage by the affected source,
for each VHAP identified in paragraph (l)(1) of this section. The
baseline usage level shall be the highest annual usage from 1994, 1995,
or 1996, for each VHAP identified in paragraph (l)(1) of this section.
For formaldehyde, the baseline level of usage shall be based on the
amount of free formaldehyde present in the finishing material when it is
applied. For styrene, the baseline level of usage shall be an estimate
of unreacted styrene, which shall be calculated by multiplying the
amount of styrene monomer in the finishing material, when it is applied,
by a factor of 0.16. Sources using a control device to reduce emissions
may adjust their usage based on the overall control efficiency of the
control system, which is determined using the equation in Sec. 63.805
(d) or (e).
    (3) Tracks the annual usage of each VHAP identified in (l)(1) by the
affected source that is present in amounts subject to MSDS reporting as
required by OSHA.
    (4) If, after November 1998, the annual usage of the VHAP identified
in paragraph (l)(1) exceeds its baseline level, then the owner or
operator of the affected source shall provide a written notification to
the permitting authority that describes the amount of the increase and
explains the reasons for exceedance of the baseline level. The following
explanations would relieve the owner or operator from further action,
unless the affected source is not in compliance with any State
regulations or requirements for that VHAP:
    (i) The exceedance is no more than 15.0 percent above the baseline
level;
    (ii) Usage of the VHAP is below the de minimis level presented in
Table 5 of this subpart for that VHAP (sources using a control device to
reduce emissions may adjust their usage based on the overall control
efficiency of the control system, which is determined using the
procedures in Sec. 63.805 (d) or (e);
    (iii) The affected source is in compliance with its State's air
toxic regulations or guidelines for the VHAP; or
    (iv) The source of the pollutant is a finishing material with a VOC
content of no more than 1.0 kg VOC/kg solids (1.0 lb VOC/lb solids), as
applied.
    (5) If none of the above explanations are the reason for the
increase, the owner or operator shall confer with the permitting
authority to discuss the reason for the increase and whether there are
practical and reasonable technology-based solutions for reducing the
usage. The evaluation of whether a technology is reasonable and
practical shall be based on cost, quality, and marketability of the
product, whether the technology is being used successfully by other wood
furniture manufacturing operations, or other criteria mutually agreed
upon by the permitting authority and owner or operator. If there are no
practical and reasonable solutions, the facility need take no further
action. If there are solutions, the owner or operator shall develop a
plan to reduce usage of the pollutant to the extent feasible. The plan
shall address the approach to be used to reduce emissions, a timetable
for implementing the plan, and a schedule for submitting notification of
progress.
    (6) If, after November 1998, an affected source uses a VHAP of
potential concern listed in table 6 of this subpart for which a baseline
level has not been previously established, then the baseline level shall
be established as the de minimis level provided in that same table for
that chemical. The affected source shall track the annual usage of each
VHAP of potential concern identified in this paragraph that is present
in amounts subject to MSDS reporting as

[[Page 311]]

required by OSHA. If usage of the VHAP of potential concern exceeds the
de minimis level listed in table 6 of this subpart for that chemical,
then the affected source shall provide an explanation to the permitting
authority that documents the reason for the exceedance of the de minimis
level. If the explanation is not one of those listed in paragraphs
(l)(4)(i) through (l)(4)(iv) of this section, the affected source shall
follow the procedures in paragraph (l)(5) of this section.

[60 FR 62936, Dec. 7, 1995, as amended at 63 FR 71380, Dec. 28, 1998; 68
FR 37353, June 23, 2003; 76 FR 72073, Nov. 21, 2011]



Sec. 63.804  Compliance procedures and monitoring requirements.

    (a) The owner or operator of an existing affected source subject to
Sec. 63.802(a)(1) shall comply with those provisions using any of the
methods presented in Sec. 63.804 (a)(1) through (a)(4).
    (1) Calculate the average VHAP content for all finishing materials
used at the facility using Equation 1, and maintain a value of E no
greater than 1.0;

E=(Mc1 Cc1 + Mc2 Cc2 + * * *
+ Mcn Ccn + S1 W1 +
S2 W2 + * * * Sn Wn)/
(Mc1 + Mc2 + * * * + Mcn)    Equation 1

    (2) Use compliant finishing materials according to the following
criteria:
    (i) Demonstrate that each stain, sealer, and topcoat has a VHAP
content of no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids),
as applied, and each thinner contains no more than 10.0 percent VHAP by
weight by maintaining certified product data sheets for each coating and
thinner;
    (ii) Demonstrate that each washcoat, basecoat, and enamel that is
purchased pre-made, that is, it is not formulated onsite by thinning
another finishing material, has a VHAP content of no more than 1.0 kg
VHAP/kg solids (1.0 lb VHAP/lb solids), as applied, and each thinner
contains no more than 10.0 percent VHAP by weight by maintaining
certified product data sheets for each coating and thinner; and
    (iii) Demonstrate that each washcoat, basecoat, and enamel that is
formulated at the affected source is formulated using a finishing
material containing no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb
solids) and a thinner containing no more than 3.0 percent VHAP by
weight.
    (3) Use a control system with an overall control efficiency (R) such
that the value of Eac in Equation 2 is no greater than 1.0.

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

    The value of Ebc in Equation 2 shall be calculated using
Equation 1; or
    (4) Use any combination of an averaging approach, as described in
paragraph (a)(1) of this section, compliant finishing materials, as
described in paragraph (a)(2) of this section, and a control system, as
described in paragraph (a)(3) of this section.
    (b) The owner or operator of an affected source subject to
Sec. 63.802(a)(2)(i) shall comply with the provisions by using compliant
foam adhesives with a VHAP content no greater than 1.8 kg VHAP/kg solids
(1.8 lb VHAP/lb solids), as applied.
    (c) The owner or operator of an affected source subject to
Sec. 63.802(a)(2)(ii) shall comply with those provisions by using either
of the methods presented in Sec. 63.804 (c)(1) and (c)(2).
    (1) Use compliant contact adhesives with a VHAP content no greater
than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), as applied; or
    (2) Use a control system with an overall control efficiency (R) such
that the value of Gac is no greater than 1.0.

R=[(Gbc-Gac)/Gbc] (100)    Equation 3

    (d) The owner or operator of a new affected source subject to
Sec. 63.802(b)(1) may comply with those provisions by using any of the
following methods:
    (1) Calculate the average VHAP content across all finishing
materials used at the facility using Equation 1, and maintain a value of
E no greater than 0.8;
    (2) Use compliant finishing materials according to the following
criteria:
    (i) Demonstrate that each sealer and topcoat has a VHAP content of
no more than 0.8 kg VHAP/kg solids (0.8 lb VHAP/lb solids), as applied,
each stain has a VHAP content of no more than 1.0 kg VHAP/kg solids (1.0
lb VHAP/lb solids), as applied, and each thinner contains no more than
10.0 percent VHAP by weight;

[[Page 312]]

    (ii) Demonstrate that each washcoat, basecoat, and enamel that is
purchased pre-made, that is, it is not formulated onsite by thinning
another finishing material, has a VHAP content of no more than 0.8 kg
VHAP/kg solids (0.8 lb VHAP/lb solids), as applied, and each thinner
contains no more than 10.0 percent VHAP by weight; and
    (iii) Demonstrate that each washcoat, basecoat, and enamel that is
formulated onsite is formulated using a finishing material containing no
more than 0.8 kg VHAP/kg solids (0.8 lb VHAP/lb solids) and a thinner
containing no more than 3.0 percent HAP by weight.
    (3) Use a control system with an overall control efficiency (R) such
that the value of Eac in Equation 4 is no greater than 0.8.

R=[(Ebc-Eac)/Ebc](100)    Equation 4

    The value of Ebc in Equation 4 shall be calculated using
Equation 1; or
    (4) Use any combination of an averaging approach, as described in
(d)(1), compliant finishing materials, as described in (d)(2), and a
control system, as described in (d)(3).
    (e) The owner or operator of a new affected source subject to
Sec. 63.802(b)(2) shall comply with the provisions using either of the
following methods:
    (1) Use compliant contact adhesives with a VHAP content no greater
than 0.2 kg VHAP/kg solids (0.2 lb VHAP/lb solids), as applied; or
    (2) Use a control system with an overall control efficiency (R) such
that the value of Gac in Equation 3 is no greater than 0.2.
    (f) Initial compliance. (1) Owners or operators of an affected
source subject to the provisions of Sec. 63.802 (a)(1) or (b)(1) that
comply through the procedures established in Sec. 63.804 (a)(1) or
(d)(1) shall submit the results of the averaging calculation (Equation
1) for the first month with the initial compliance status report
required by Sec. 63.807(b). The first month's calculation shall include
data for the entire month in which the compliance date falls. For
example, if the source's compliance date is November 21, 1997, the
averaging calculation shall include data from November 1, 1997 to
November 30, 1997.
    (2) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(1) or (b)(1) that comply through the
procedures established in Sec. 63.804 (a)(2) or (d)(2) shall submit an
initial compliance status report, as required by Sec. 63.807(b), stating
that compliant stains, washcoats, sealers, topcoats, basecoats, enamels,
and thinners, as applicable, are being used by the affected source.
    (3) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(1) or (b)(1) that are complying through
the procedures established in Sec. 63.804 (a)(2) or (d)(2) and are
applying coatings using continuous coaters shall demonstrate initial
compliance by:
    (i) Submitting an initial compliance status report, as required by
Sec. 63.807(b), stating that compliant coatings, as determined by the
VHAP content of the coating in the reservoir and the VHAP content as
calculated from records, and compliant thinners are being used; or
    (ii) Submitting an initial compliance status report, as required by
Sec. 63.807(b), stating that compliant coatings, as determined by the
VHAP content of the coating in the reservoir, are being used; the
viscosity of the coating in the reservoir is being monitored; and
compliant thinners are being used. The affected source shall also submit
data that demonstrate that viscosity is an appropriate parameter for
demonstrating compliance.
    (4) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(1) or (b)(1) that comply through the
procedures established in Sec. 63.804 (a)(3) or (d)(3) shall demonstrate
initial compliance by:
    (i) Submitting a monitoring plan that identifies each operating
parameter to be monitored for the capture device and discusses why each
parameter is appropriate for demonstrating continuous compliance;
    (ii) Conducting an initial performance test as required under
Sec. 63.7 using the procedures and test methods listed in Secs. 63.7 and
63.805 (c) and (d) or (e);
    (iii) Calculating the overall control efficiency (R) following the
procedures in Sec. 63.805 (d) or (e); and

[[Page 313]]

    (iv) Determining those operating conditions critical to determining
compliance and establishing one or more operating parameters that will
ensure compliance with the standard.
    (A) For compliance with a thermal incinerator, minimum combustion
temperature shall be the operating parameter.
    (B) For compliance with a catalytic incinerator equipped with a
fixed catalyst bed, the minimum gas temperature both upstream and
downstream of the catalyst bed shall be the operating parameter.
    (C) For compliance with a catalytic incinerator equipped with a
fluidized catalyst bed, the minimum gas temperature upstream of the
catalyst bed and the pressure drop across the catalyst bed shall be the
operating parameters.
    (D) For compliance with a carbon adsorber, the operating parameters
shall be the total regeneration mass stream flow for each regeneration
cycle and the carbon bed temperature after each regeneration, or the
concentration level of organic compounds exiting the adsorber, unless
the owner or operator requests and receives approval from the
Administrator to establish other operating parameters.
    (E) For compliance with a control device not listed in this section,
one or more operating parameter values shall be established using the
procedures identified in Sec. 63.804(g)(4)(vi).
    (v) Owners or operators complying with Sec. 63.804(f)(4) shall
calculate each site-specific operating parameter value as the arithmetic
average of the maximum or minimum operating parameter values, as
appropriate, that demonstrate compliance with the standards, during the
three test runs required by Sec. 63.805(c)(1).
    (5) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(2) or (b)(2) that comply through the
procedures established in Sec. 63.804 (b), (c)(1), or (e)(1), shall
submit an initial compliance status report, as required by
Sec. 63.807(b), stating that compliant contact adhesives are being used
by the affected source.
    (6) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(2)(ii) or (b)(2) that comply through the
procedures established in Sec. 63.804 (c)(2) or (e)(2), shall
demonstrate initial compliance by:
    (i) Submitting a monitoring plan that identifies each operating
parameter to be monitored for the capture device and discusses why each
parameter is appropriate for demonstrating continuous compliance;
    (ii) Conducting an initial performance test as required under
Sec. 63.7 using the procedures and test methods listed in Secs. 63.7 and
63.805 (c) and (d) or (e);
    (iii) Calculating the overall control efficiency (R) following the
procedures in Sec. 63.805 (d) or (e); and
    (iv) Determining those operating conditions critical to determining
compliance and establishing one or more operating parameters that will
ensure compliance with the standard.
    (A) For compliance with a thermal incinerator, minimum combustion
temperature shall be the operating parameter.
    (B) For compliance with a catalytic incinerator equipped with a
fixed catalyst bed, the minimum gas temperature both upstream and
downstream of the catalyst shall be the operating parameter.
    (C) For compliance with a catalytic incinerator equipped with a
fluidized catalyst bed, the minimum gas temperature upstream of the
catalyst bed and the pressure drop across the catalyst bed shall be the
operating parameters.
    (v) Owners or operators complying with Sec. 63.804(f)(6) shall
calculate each site-specific operating parameter value as the arithmetic
average of the maximum or minimum operating values as appropriate, that
demonstrate compliance with the standards, during the three test runs
required by Sec. 63.805(c)(1).
    (7) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(3) or (b)(3) shall submit an initial
compliance status report, as required by Sec. 63.807(b), stating that
compliant strippable spray booth coatings are being used by the affected
source.
    (8) Owners or operators of an affected source subject to the work
practice standards in Sec. 63.803 shall submit an initial compliance
status report, as required by Sec. 63.807(b), stating that the work
practice implementation plan has

[[Page 314]]

been developed and procedures have been established for implementing the
provisions of the plan.
    (g) Continuous compliance demonstrations. (1) Owners or operators of
an affected source subject to the provisions of Sec. 63.802 (a)(1) or
(b)(1) that comply through the procedures established in Sec. 63.804
(a)(1) or (d)(1) shall demonstrate continuous compliance by submitting
the results of the averaging calculation (Equation 1) for each month
within that semiannual period and submitting a compliance certification
with the semiannual report required by Sec. 63.807(c).
    (i) The compliance certification shall state that the value of (E),
as calculated by Equation 1, is no greater than 1.0 for existing sources
or 0.8 for new sources. An affected source is in violation of the
standard if E is greater than 1.0 for existing sources or 0.8 for new
sources for any month. A violation of the monthly average is a separate
violation of the standard for each day of operation during the month,
unless the affected source can demonstrate through records that the
violation of the monthly average can be attributed to a particular day
or days during the period.
    (ii) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.
    (2) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(1) or (b)(1) that comply through the
procedures established in Sec. 63.804 (a)(2) or (d)(2) shall demonstrate
continuous compliance by using compliant coatings and thinners,
maintaining records that demonstrate the coatings and thinners are
compliant, and submitting a compliance certification with the semiannual
report required by Sec. 63.807(c).
    (i) The compliance certification shall state that compliant stains,
washcoats, sealers, topcoats, basecoats, enamels, and thinners, as
applicable, have been used each day in the semiannual reporting period
or should otherwise identify the periods of noncompliance and the
reasons for noncompliance. An affected source is in violation of the
standard whenever a noncompliant coating, as demonstrated by records or
by a sample of the coating, is used.
    (ii) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.
    (3) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(1) or (b)(1) that are complying through
the procedures established in Sec. 63.804 (a)(2) or (d)(2) and are
applying coatings using continuous coaters shall demonstrate continuous
compliance by following the procedures in paragraph (g)(3) (i) or (ii)
of this section.
    (i) Using compliant coatings, as determined by the VHAP content of
the coating in the reservoir and the VHAP content as calculated from
records, using compliant thinners, and submitting a compliance
certification with the semiannual report required by Sec. 63.807(c).
    (A) The compliance certification shall state that compliant coatings
have been used each day in the semiannual reporting period, or should
otherwise identify the days of noncompliance and the reasons for
noncompliance. An affected source is in violation of the standard
whenever a noncompliant coating, as determined by records or by a sample
of the coating, is used. Use of a noncompliant coating is a separate
violation for each day the noncompliant coating is used.
    (B) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.
    (ii) Using compliant coatings, as determined by the VHAP content of
the coating in the reservoir, using compliant thinners, maintaining a
viscosity of the coating in the reservoir that is no less than the
viscosity of the initial coating by monitoring the viscosity with a
viscosity meter or by testing the viscosity of the initial coating and
retesting the coating in the reservoir each time solvent is added,
maintaining records of solvent additions, and submitting a compliance
certification with the semiannual report required by Sec. 63.807(c).
    (A) The compliance certification shall state that compliant
coatings, as determined by the VHAP content of

[[Page 315]]

the coating in the reservoir, have been used each day in the semiannual
reporting period. Additionally, the certification shall state that the
viscosity of the coating in the reservoir has not been less than the
viscosity of the initial coating, that is, the coating that is initially
mixed and placed in the reservoir, for any day in the semiannual
reporting period.
    (B) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.
    (C) An affected source is in violation of the standard when a sample
of the as-applied coating exceeds the applicable limit established in
Sec. 63.804 (a)(2) or (d)(2), as determined using EPA Method 311, or the
viscosity of the coating in the reservoir is less than the viscosity of
the initial coating.
    (4) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(1) or (b)(1) that comply through the
procedures established in Sec. 63.804 (a)(3) or (d)(3) shall demonstrate
continuous compliance by installing, calibrating, maintaining, and
operating the appropriate monitoring equipment according to
manufacturer's specifications. The owner or operator shall also submit
the excess emissions and continuous monitoring system performance report
and summary report required by Sec. 63.807(d) and Sec. 63.10(e) of
subpart A.
    (i) Where a capture/control device is used, a device to monitor each
site-specific operating parameter established in accordance with
Sec. 63.804(f)(6)(i) is required.
    (ii) Where an incinerator is used, a temperature monitoring device
equipped with a continuous recorder is required.
    (A) Where a thermal incinerator is used, a temperature monitoring
device shall be installed in the firebox or in the ductwork immediately
downstream of the firebox in a position before any substantial heat
exchange occurs.
    (B) Where a catalytic incinerator equipped with a fixed catalyst bed
is used, temperature monitoring devices shall be installed in the gas
stream immediately before and after the catalyst bed.
    (C) Where a catalytic incinerator equipped with a fluidized catalyst
bed is used, a temperature monitoring device shall be installed in the
gas stream immediately before the bed. In addition, a pressure
monitoring device shall be installed to determine the pressure drop
across the catalyst bed. The pressure drop shall be measured monthly at
a constant flow rate.
    (iii) Where a carbon adsorber is used one of the following is
required:
    (A) An integrating stream flow monitoring device having an accuracy
of 10 percent, capable of recording the total regeneration stream mass
flow for each regeneration cycle; and a carbon bed temperature
monitoring device, having an accuracy of 1 percent of the temperature
being monitored or 0.5  deg.C, whichever is greater, and capable of
recording the carbon bed temperature after each regeneration and within
15 minutes of completing any cooling cycle;
    (B) An organic monitoring device, equipped with a continuous
recorder, to indicate the concentration level of organic compounds
exiting the carbon adsorber; or
    (C) Any other monitoring device that has been approved by the
Administrator in accordance with Sec. 63.804(f)(4)(iv)(D).
    (iv) Owners or operators of an affected source shall not operate the
capture or control device at a daily average value greater than or less
than (as appropriate) the operating parameter values. The daily average
value shall be calculated as the average of all values for a monitored
parameter recorded during the operating day.
    (v) Owners or operators of an affected source that are complying
through the use of a catalytic incinerator equipped with a fluidized
catalyst bed shall maintain a constant pressure drop, measured monthly,
across the catalyst bed.
    (vi) An owner or operator who uses a control device not listed in
Sec. 63.804(f)(4) shall submit, for the Administrator's approval, a
description of the device, test data verifying performance, and
appropriate site-specific operating parameters that will be monitored to
demonstrate continuous compliance with the standard.

[[Page 316]]

    (5) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(2) (i) or (ii) or (b)(2) that comply
through the procedures established in Sec. 63.804 (b), (c)(1), or
(e)(1), shall submit a compliance certification with the semiannual
report required by Sec. 63.807(c).
    (i) The compliance certification shall state that compliant contact
and/or foam adhesives have been used each day in the semiannual
reporting period, or should otherwise identify each day noncompliant
contact and/or foam adhesives were used. Each day a noncompliant contact
or foam adhesive is used is a single violation of the standard.
    (ii) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.
    (6) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(2)(ii) or (b)(2) that comply through the
procedures established in Sec. 63.804 (c)(2) or (e)(2), shall
demonstrate continuous compliance by installing, calibrating,
maintaining, and operating the appropriate monitoring equipment
according to the manufacturer's specifications. The owner or operator
shall also submit the excess emissions and continuous monitoring system
performance report and summary report required by Sec. 63.807(d) and
Sec. 63.10(e) of subpart A of this part.
    (i) Where a capture/control device is used, a device to monitor each
site-specific operating parameter established in accordance with
Sec. 63.804(f)(6)(i) is required.
    (ii) Where an incinerator is used, a temperature monitoring device
equipped with a continuous recorder is required.
    (A) Where a thermal incinerator is used, a temperature monitoring
device shall be installed in the firebox or in the ductwork immediately
downstream of the firebox in a position before any substantial heat
exchange occurs.
    (B) Where a catalytic incinerator equipped with a fixed catalyst bed
is used, temperature monitoring devices shall be installed in the gas
stream immediately before and after the catalyst bed.
    (C) Where a catalytic incinerator equipped with a fluidized catalyst
bed is used, a temperature monitoring device shall be installed in the
gas stream immediately before the bed. In addition, a pressure
monitoring device shall be installed to measure the pressure drop across
the catalyst bed. The pressure drop shall be measured monthly at a
constant flow rate.
    (iii) Where a carbon adsorber is used one of the following is
required:
    (A) An integrating stream flow monitoring device having an accuracy
of 10 percent, capable of recording the total regeneration stream mass
flow for each regeneration cycle; and a carbon bed temperature
monitoring device, having an accuracy of 1 percent of the temperature
being monitored or 0.5  deg.C, whichever is greater, and capable of
recording the carbon bed temperature after each regeneration and within
15 minutes of completing any cooling cycle;
    (B) An organic monitoring device, equipped with a continuous
recorder, to indicate the concentration level of organic compounds
exiting the carbon adsorber; or
    (C) Any other monitoring device that has been approved by the
Administrator in accordance with Sec. 63.804(f)(4)(iv)(D).
    (iv) Owners or operators of an affected source shall not operate the
capture or control device at a daily average value greater than or less
than (as appropriate) the operating parameter values. The daily average
value shall be calculated as the average of all values for a monitored
parameter recorded during the operating day.
    (v) Owners or operators of an affected source that are complying
through the use of a catalytic incinerator equipped with a fluidized
catalyst bed shall maintain a constant pressure drop, measured monthly,
across the catalyst bed.
    (vi) An owner or operator using a control device not listed in this
section shall submit to the Administrator a description of the device,
test data verifying the performance of the device, and appropriate
operating parameter values that will be monitored to demonstrate
continuous compliance with the standard. Compliance using

[[Page 317]]

this device is subject to the Administrator's approval.
    (7) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(3) or (b)(3) shall submit a compliance
certification with the semiannual report required by Sec. 63.807(c).
    (i) The compliance certification shall state that compliant
strippable spray booth coatings have been used each day in the
semiannual reporting period, or should otherwise identify each day
noncompliant materials were used. Each day a noncompliant strippable
booth coating is used is a single violation of the standard.
    (ii) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.
    (8) Owners or operators of an affected source subject to the work
practice standards in Sec. 63.803 shall submit a compliance
certification with the semiannual report required by Sec. 63.807(c).
    (i) The compliance certification shall state that the work practice
implementation plan is being followed, or should otherwise identify the
provisions of the plan that have not been implemented and each day the
provisions were not implemented. During any period of time that an owner
or operator is required to implement the provisions of the plan, each
failure to implement an obligation under the plan during any particular
day is a violation.
    (ii) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.
    (9) Continuous compliance requirements. You must demonstrate
continuous compliance with the emissions standards and operating limits
by using the performance test methods and procedures in Sec. 63.805 for
each affected source.
    (i) General requirements. (A) You must monitor and collect data, and
provide a site specific monitoring plan as required by Secs. 63.804,
63.806 and 63.807.
    (B) 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),
you must operate the monitoring system and collect data at all required
intervals at all times the affected source is operating and periods of
malfunction. Any period for which data collection is required and the
operation of the CEMS is not otherwise exempt and for which the
monitoring system is out-of-control and data are not available for
required calculations constitutes a deviation from the monitoring
requirements.
    (C) You may not use data recorded during monitoring system
malfunctions, repairs associated with monitoring system malfunctions, or
required monitoring system quality assurance or control activities in
calculations used to report emissions or operating levels. A monitoring
system malfunction is any sudden, infrequent, not reasonably preventable
failure of the monitoring system to provide valid data. Monitoring
system failures that are caused in part by poor maintenance or careless
operation are not malfunctions. The owner or operator must use all the
data collected during all other periods in assessing the operation of
the control device and associated control system.
    (ii) [Reserved]
    (h) The owner or operator of an existing or new affected source
subject to Sec. 63.802(a)(4) or (b)(4) shall comply with those
provisions by using either of the methods presented in Sec. 63.804(h)(1)
and (2) if complying with Sec. 63.802(a)(4)(i) or (b)(4)(i) or by using
the method presented in Sec. 63.804(h)(3) if complying with
Sec. 63.802(a)(4)(ii) or (b)(4)(ii).
    (1) Calculate total formaldehyde emissions from all finishing
materials and contact adhesives used at the facility using Equation 5
and maintain a value of Ftotal no more than 400 pounds per
rolling 12 month period.

[[Page 318]]

[GRAPHIC] [TIFF OMITTED] TR21NO11.000

    (2) Use a control system with an overall control efficiency (R) such
that the calculated value of Ftotal in Equation 6 is no more
than 400 pounds per rolling 12 month period.
[GRAPHIC] [TIFF OMITTED] TR21NO11.001

    (3) Demonstrate compliance by use of coatings and contact adhesives
only if they are low-formaldehyde coatings and contact adhesives
maintaining a certified product data sheet for each coating and contact
adhesive used, as required by Sec. 63.806(b)(1), and submitting a
compliance certification with the semiannual report required by
Sec. 63.807(c).
    (i) The compliance certification shall state that low-formaldehyde
coatings and contact adhesives, as applicable, have been used each day
in the semiannual reporting period or should otherwise identify the
periods of noncompliance and the reasons for noncompliance. An affected
source is in violation of the standard whenever a coating or contact
adhesive that is not low-formaldehyde, as demonstrated by records or by
a sample of the coating or contact adhesive, is used. Use of a
noncompliant coating or contact adhesive is a separate violation for
each day the noncompliant coating or contact adhesive is used.
    (ii) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.

[60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72073, Nov. 21, 2011]



Sec. 63.805  Performance test methods.

    (a)(1) The EPA Method 311 of appendix A of part 63 shall be used in
conjunction with formulation data to determine the VHAP content of the
liquid coating. Formulation data shall be used to identify VHAP present
in the coating. The EPA Method 311 shall then be used to quantify those
VHAP identified through formulation data. The EPA Method 311 shall not
be used to quantify HAP such as styrene and formaldehyde that are
emitted during the cure. The EPA Method 24 (40 CFR part 60, appendix A)
shall be used to determine the solids content by weight and the density
of coatings. If it is demonstrated to the satisfaction of the
Administrator that a coating does not release VOC or HAP byproducts
during the cure, for example, all VOC and HAP present in the coating is
solvent, then batch formulation information shall be accepted. The owner
or operator of an affected source may request approval from the
Administrator to use an alternative method for determining the VHAP
content of the coating. In the event of any inconsistency between the
EPA Method 24 or Method 311 test data and a facility's formulation data,
that is, if the EPA Method 24/311 value is higher, the EPA Method 24/311
test shall govern unless after consultation, a regulated source could
demonstrate to the satisfaction of the enforcement agency that the
formulation data were correct. Sampling procedures shall follow the
guidelines presented in ``Standard Procedures for Collection of Coating
and Ink Samples for VOC Content Analysis by Reference Method 24 and
Reference Method 24A,'' EPA-340/1-91-010. (Docket No. A-93-10, Item No.
IV-A-1).
    (2) Performance tests shall be conducted under such conditions as
the Administrator specifies to the owner or

[[Page 319]]

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.
    (b) Owners or operators demonstrating compliance in accordance with
Sec. 63.804 (f)(4) or (f)(6) and Sec. 63.804 (g)(4) or (g)(6), or
complying with any of the other emission limits of Sec. 63.802 by
operating a capture or control device shall determine the overall
control efficiency of the control system (R) as the product of the
capture and control device efficiency, using the test methods cited in
Sec. 63.805(c) and the procedures in Sec. 63.805 (d) or (e).
    (c) When an initial compliance demonstration is required by
Sec. 63.804 (f)(4) or (f)(6) of this subpart, the procedures in
paragraphs (c)(1) through (c)(6) of this section shall be used in
determining initial compliance with the provisions of this subpart.
    (1) The EPA Method 18 (40 CFR part 60, appendix A) shall be used to
determine the HAP concentration of gaseous air streams. The test shall
consist of three separate runs, each lasting a minimum of 30 minutes.
    (2) The EPA Method 1 or 1A (40 CFR part 60, appendix A) shall be
used for sample and velocity traverses.
    (3) The EPA Method 2, 2A, 2C, or 2D (40 CFR part 60, appendix A)
shall be used to measure velocity and volumetric flow rates.
    (4) The EPA Method 3 (40 CFR part 60, appendix A) shall be used to
analyze the exhaust gases.
    (5) The EPA Method 4 (40 CFR part 60, appendix A) shall be used to
measure the moisture in the stack gas.
    (6) The EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as
applicable, at least twice during each test period.
    (d) Each owner or operator of an affected source demonstrating
compliance in accordance with Sec. 63.804 (f)(4) or (f)(6) shall perform
a gaseous emission test using the following procedures:
    (1) Construct the overall HAP emission reduction system so that all
volumetric flow rates and total HAP emissions can be accurately
determined by the applicable test methods specified in Sec. 63.805(c)
(1) through (6);
    (2) Determine capture efficiency from the affected emission point(s)
by capturing, venting, and measuring all HAP emissions from the affected
emission point(s). During a performance test, the owner or operator
shall isolate affected emission point(s) located in an area with other
nonaffected gaseous emission sources from all other gaseous emission
point(s) by any of the following methods:
    (i) Build a temporary total enclosure (see Sec. 63.801) around the
affected emission point(s); or
    (ii) Use the building that houses the process as the enclosure (see
Sec. 63.801);
    (iii) Use any alternative protocol and test method provided they
meet either the requirements of the data quality objective (DQO)
approach or the lower confidence level (LCL) approach (see Sec. 63.801);
    (iv) Shut down all nonaffected HAP emission point(s) and continue to
exhaust fugitive emissions from the affected emission point(s) through
any building ventilation system and other room exhausts such as drying
ovens. All exhaust air must be vented through stacks suitable for
testing; or
    (v) Use another methodology approved by the Administrator provided
it complies with the EPA criteria for acceptance under part 63, appendix
A, Method 301.
    (3) Operate the control device with all affected emission points
that will subsequently be delivered to the control device connected and
operating at maximum production rate;
    (4) Determine the efficiency (F) of the control device using the
following equation:

[[Page 320]]

[GRAPHIC] [TIFF OMITTED] TR07DE95.000

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

    (6) For each affected source complying with Sec. 63.802(a)(1) in
accordance with Sec. 63.804(a)(3), compliance is demonstrated if the
product of (FxN)(100) yields a value (R) such that the value of
Eac in Equation 2 is no greater than 1.0.
    (7) For each new affected source complying with Sec. 63.802(b)(1) in
accordance with Sec. 63.804(d)(3), compliance is demonstrated if the
product of (FxN)(100) yields a value (R) such that the value of
Eac in Equation 4 is no greater than 0.8.
    (8) For each affected source complying with Sec. 63.802(a)(2)(ii) in
accordance with Sec. 63.804(c)(2), compliance is demonstrated if the
product of (FxN)(100) yields a value (R) such that the value of
Gac in Equation 3 is no greater than 1.0.
    (9) For each new affected source complying with Sec. 63.802(b)(2) in
accordance with Sec. 63.804(e)(2), compliance is demonstrated if the
product of (FxN)(100) yields a value (R) such that the value of
Gac in Equation 3 is no greater than 0.2.
    (e) An alternative method to the compliance method in Sec. 63.805(d)
is the installation of a permanent total enclosure around the affected
emission point(s). A permanent total enclosure presents prima facia
evidence that all HAP emissions from the affected emission point(s) are
directed to the control device. Each affected source that complies using
a permanent total enclosure shall:
    (1) Demonstrate that the total enclosure meets the requirements in
paragraphs (e)(1) (i) through (iv). The owner or operator of an
enclosure that does not meet these requirements may apply to the
Administrator for approval of the enclosure as a total enclosure on a
case-by-case basis. The enclosure shall be considered a total enclosure
if it is demonstrated to the satisfaction of the Administrator that all
HAP emissions from the affected emission point(s) are contained and
vented to the control device. The requirements for automatic approval
are as follows:
    (i) The total area of all natural draft openings shall not exceed 5
percent of the total surface area of the total enclosure's walls, floor,
and ceiling;
    (ii) All sources of emissions within the enclosure shall be a
minimum of four equivalent diameters away from each natural draft
opening;
    (iii) The average inward face velocity (FV) across all natural draft
openings shall be a minimum of 3,600 meters per hour as determined by
the following procedures:
    (A) All forced makeup air ducts and all exhaust ducts are
constructed so

[[Page 321]]

that the volumetric flow rate in each can be accurately determined by
the test methods specified in Sec. 63.805 (c)(2) and (3). Volumetric
flow rates shall be calculated without the adjustment normally made for
moisture content; and
    (B) Determine FV by the following equation:
    [GRAPHIC] [TIFF OMITTED] TR07DE95.002

    (iv) All access doors and windows whose areas are not included as
natural draft openings and are not included in the calculation of FV
shall be closed during routine operation of the process.
    (2) Determine the control device efficiency using Equation (5), and
the test methods and procedures specified in Sec. 63.805 (c)(1) through
(6).
    (3) For each affected source complying with Sec. 63.802(a)(1) in
accordance with Sec. 63.804(a)(3), compliance is demonstrated if:
    (i) The installation of a permanent total enclosure is demonstrated
(N=1);
    (ii) The value of F is determined from Equation (5); and
    (iii) The product of (FxN)(100) yields a value (R) such that the
value of Eac in Equation 2 is no greater than 1.0.
    (4) For each new affected source complying with Sec. 63.802(b)(1) in
accordance with Sec. 63.804(d)(3), compliance is demonstrated if:
    (i) The installation of a permanent total enclosure is demonstrated
(N = 1);
    (ii) The value of F is determined from Equation (5); and
    (iii) The product of (FxN)(100) yields a value (R) such that the
value of Eac in Equation 4 is no greater than 0.8.
    (5) For each affected source complying with Sec. 63.802(a)(2)(ii) in
accordance with Sec. 63.804(c)(2), compliance is demonstrated if:
    (i) The installation of a permanent total enclosure is demonstrated
(N=1);
    (ii) The value of F is determined from Equation (5); and
    (iii) The product of (FxN)(100) yields a value (R) such that the
value of Gac in Equation 3 is no greater than 1.0.
    (6) For each new affected source complying with Sec. 63.802(b)(2) in
accordance with Sec. 63.804(e)(2), compliance is demonstrated if:
    (i) The installation of a permanent total enclosure is demonstrated
(N=1);
    (ii) The value of F is determined from Equation (5); and
    (iii) The product of (FxN)(100) yields a value (R) such that the
value of Gac in Equation 3 is no greater than 0.2.

[60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72073, Nov. 21, 2011]



Sec. 63.806  Recordkeeping requirements.

    (a) The owner or operator of an affected source subject to this
subpart shall fulfill all recordkeeping requirements of Sec. 63.10 of
subpart A, according to the applicability criteria in Sec. 63.800(d) of
this subpart.
    (b) The owner or operator of an affected source subject to the
emission limits in Sec. 63.802 of this subpart shall maintain records of
the following:
    (1) A certified product data sheet for each finishing material,
thinner, contact adhesive, and strippable spray booth coating subject to
the emission limits in Sec. 63.802; and
    (2) The VHAP content, in kg VHAP/kg solids (lb VHAP/lb solids), as
applied, of each finishing material and contact adhesive subject to the
emission limits in Sec. 63.802; and
    (3) The VOC content, in kg VOC/kg solids (lb VOC/lb solids), as
applied, of each strippable booth coating subject to the emission limits
in Sec. 63.802 (a)(3) or (b)(3).
    (4) The formaldehyde content, in lb/gal, as applied, of each
finishing material and contact adhesive subject to the

[[Page 322]]

emission limits in Sec. 63.802(a)(4) or (b)(4) and chooses to comply
with the 400 lb/yr limits on formaldehyde in Sec. 63.802(a)(4) (i) or
(b)(4)(i).
    (c) The owner or operator of an affected source following the
compliance method in Sec. 63.804 (a)(1) or (d)(1) shall maintain copies
of the averaging calculation for each month following the compliance
date, as well as the data on the quantity of coatings and thinners used
that is necessary to support the calculation of E in Equation 1.
    (d) The owner or operator of an affected source following the
compliance procedures of Sec. 63.804 (f)(3)(ii) and (g)(3)(ii) shall
maintain the records required by Sec. 63.806(b) as well as records of
the following:
    (1) Solvent and coating additions to the continuous coater
reservoir;
    (2) Viscosity measurements; and
    (3) Data demonstrating that viscosity is an appropriate parameter
for demonstrating compliance.
    (e) The owner or operator of an affected source subject to the work
practice standards in Sec. 63.803 of this subpart shall maintain onsite
the work practice implementation plan and all records associated with
fulfilling the requirements of that plan, including, but not limited to:
    (1) Records demonstrating that the operator training program
required by Sec. 63.803(b) is in place;
    (2) Records collected in accordance with the inspection and
maintenance plan required by Sec. 63.803(c);
    (3) Records associated with the cleaning solvent accounting system
required by Sec. 63.803(d);
    (4) [Reserved]
    (5) Records associated with the formulation assessment plan required
by Sec. 63.803(l); and
    (6) Copies of documentation such as logs developed to demonstrate
that the other provisions of the work practice implementation plan are
followed.
    (f) The owner or operator of an affected source following the
compliance method of Sec. 63.804 (f)(4) or (g)(4) shall maintain copies
of the calculations demonstrating that the overall control efficiency
(R) of the control system results in the value of Eac
required by Equations 2 or 4, records of the operating parameter values,
and copies of the semiannual compliance reports required by
Sec. 63.807(d).
    (g) The owner or operator of an affected source following the
compliance method of Sec. 63.804 (f)(6) or (g)(6), shall maintain copies
of the calculations demonstrating that the overall control efficiency
(R) of the control system results in the applicable value of
Gac calculated using Equation 3, records of the operating
parameter values, and copies of the semiannual compliance reports
required by Sec. 63.807(d).
    (h) The owner or operator of an affected source subject to the
emission limits in Sec. 63.802 and following the compliance provisions
of Sec. 63.804(f) (1), (2), (3), (5), (7) and (8) and Sec. 63.804(g)
(1), (2), (3), (5), (7), and (8) shall maintain records of the
compliance certifications submitted in accordance with Sec. 63.807(c)
for each semiannual period following the compliance date.
    (i) The owner or operator of an affected source shall maintain
records of all other information submitted with the compliance status
report required by Sec. 63.9(h) and Sec. 63.807(b) and the semiannual
reports required by Sec. 63.807(c).
    (j) The owner or operator of an affected source shall maintain all
records in accordance with the requirements of Sec. 63.10(b)(1).
    (k) The 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) or the air pollution
control equipment and monitoring equipment. The owner or operator shall
maintain records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec. 63.802(c), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.

[60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72074, Nov. 21, 2011]



Sec. 63.807  Reporting requirements.

    (a) The owner or operator of an affected source subject to this
subpart shall fulfill all reporting requirements of Sec. 63.7 through
Sec. 63.10 of subpart A (General Provisions) according to the
applicability criteria in Sec. 63.800(d) of this subpart.

[[Page 323]]

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

[60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72074, Nov. 21, 2011]



Sec. 63.808  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (5) of
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.800,
63.802, and

[[Page 324]]

63.803(a)(1), (b), (c) introductory text, and (d) through (l).
    (2) Approval of alternatives to the monitoring and compliance
requirements in Secs. 63.804(f)(4)(iv)(D) and (E), 63.804(g)(4)(iii)(C),
63.804(g)(4)(vi), and 63.804(g)(6)(vi).
    (3) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart, as well as approval of any alternatives to the specific
test methods under Secs. 63.805(a), 63.805(d)(2)(v), and 63.805(e)(1).
    (4) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
    (5) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.

[68 FR 37354, June 23, 2003]



Secs. 63.809-63.819  [Reserved]



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

------------------------------------------------------------------------
                                  Applies to
          Reference               subpart JJ             Comment
------------------------------------------------------------------------
63.1(a).....................  Yes
63.1(b)(1)..................  No...............  Subpart JJ specifies
                                                  applicability.
63.1(b)(2)..................  Yes
63.1(b)(3)..................  Yes
63.1(c)(1)..................  No...............  Subpart JJ specifies
                                                  applicability.
63.1(c)(2)..................  No...............  Area sources are not
                                                  subject to subpart JJ.
63.1(c)(4)..................  Yes
63.1(c)(5)..................  Yes
63.1(e).....................  Yes
63.2........................  Yes..............  Additional terms are
                                                  defined in 63.801(a)
                                                  of subpart JJ. When
                                                  overlap between
                                                  subparts A and JJ
                                                  occurs, subpart JJ
                                                  takes precedence.
63.3........................  Yes..............  Other units used in
                                                  subpart JJ are defined
                                                  in 63.801(b).
63.4........................  Yes
63.5........................  Yes
63.6(a).....................  Yes
63.6(b)(1)..................  Yes
63.6(b)(2)..................  Yes
63.6(b)(3)..................  Yes
63.6(b)(4)..................  No...............  May apply when
                                                  standards are proposed
                                                  under Section 112(f)
                                                  of the CAA.
63.6(b)(5)..................  Yes
63.6(b)(7)..................  Yes
63.6(c)(1)..................  Yes
63.6(c)(2)..................  No
63.6(c)(5)..................  Yes
63.6(e)(1)(i)...............  No...............  See Sec. 63.802(c) 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...............  Affected sources
                                                  complying through the
                                                  procedures specified
                                                  in 63.804 (a)(1),
                                                  (a)(2), (b), (c)(1),
                                                  (d)(1), (d)(2),
                                                  (e)(1), and (e)(2) are
                                                  subject to the
                                                  emission standards at
                                                  all times, including
                                                  periods of startup,
                                                  shutdown, and
                                                  malfunction.
63.6(f)(2)..................  Yes
63.6(f)(3)..................  Yes
63.6(g).....................  Yes
63.6(h).....................  No...............
63.6 (i)(1)-(i)(3)..........  Yes
63.6(i)(4)(i)...............  Yes
63.6(i)(4)(ii)..............  No...............
63.6 (i)(5)-(i)(14).........  Yes
63.6(i)(16).................  Yes
63.6(j).....................  Yes
63.7(a)-(d).................  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.7(e)(1)..................  No...............  See Sec. 63.805(a)(1).
63.7(e)(2)-(e)(4)...........  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.8(a)-(b).................  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.8(c)(1)(i)...............  No.
63.8(c)(1)(ii)..............  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.8(c)(1)(iii).............  No.
63.8(c)(2)-(d)(2)...........  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.8(d)(3)..................  Yes, except for    Applies only to
                               last sentence.     affected sources using
                                                  a control device to
                                                  comply with the rule.

[[Page 325]]


63.8(e)-(g).................  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.9(a).....................  Yes
63.9(b).....................  Yes..............  Existing sources are
                                                  required to submit
                                                  initial notification
                                                  report within 270 days
                                                  of the effective date.
63.9(c).....................  Yes
63.9(d).....................  Yes
63.9(e).....................  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.9(f).....................  No
63.9(g).....................  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.9(h).....................  Yes..............  63.9(h)(2)(ii) applies
                                                  only to affected
                                                  sources using a
                                                  control device to
                                                  comply with the rule.
63.9(i).....................  Yes
63.9(j).....................  Yes
63.10(a)....................  Yes
63.10(b)(1).................  Yes
63.10(b)(2)(i)..............  No.
63.10(b)(2)(ii).............  No...............  See Sec. 63.806(k) for
                                                  recordkeeping of
                                                  occurrence and
                                                  duration of
                                                  malfunctions and
                                                  recordkeeping of
                                                  actions taken during
                                                  malfunctions.
63.10(b)(2)(iii)............  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.10(b)(2)(iv)-(b)(2)(v)...  No.
63.10(b)(2)(vi)-(b)(2)(xiv).  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.10(b)(3).................  Yes
63.10(c)(1)-(9).............  Yes.
63.10(c)(10)-(11)...........  No...............  See Sec. 63.806(k) for
                                                  recordkeeping of
                                                  malfunctions.
63.10(c)(12)-(14)...........  Yes.
63.10(c)(15)................  No.
63.10(d)(1).................  Yes
63.10(d)(2).................  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.10(d)(3).................  No
63.10(d)(4).................  Yes
63.10(d)(5).................  No...............  See Sec. 63.807(c)(3)
                                                  for reporting of
                                                  malfunctions.
63.10(e)....................  Yes..............  Applies only to
                                                  affected sources using
                                                  a control device to
                                                  comply with the rule.
63.10(f)....................  Yes
63.11.......................  No
63.12-63.15.................  Yes
------------------------------------------------------------------------


[60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72074, Nov. 21, 2011]



 Sec. Table 2 to Subpart JJ of Part 63--List of Volatile Hazardous Air
                               Pollutants

------------------------------------------------------------------------
                        Chemical name                           CAS No.
------------------------------------------------------------------------
Acetaldehyde.................................................      75070
Acetamide....................................................      60355
Acetonitrile.................................................      75058
Acetophenone.................................................      98862
2-Acetylaminofluorine........................................      53963
Acrolein.....................................................     107028
Acrylamide...................................................      79061
Acrylic acid.................................................      79107
Acrylonitrile................................................     107131
Allyl chloride...............................................     107051
4-Aminobiphenyl..............................................      92671
Aniline......................................................      62533
o-Anisidine..................................................      90040
Benzene......................................................      71432
Benzidine....................................................      92875
Benzotrichloride.............................................      98077
Benzyl chloride..............................................     100447
Biphenyl.....................................................      92524
Bis (2-ethylhexyl) phthalate (DEHP)..........................     117817
Bis (chloromethyl) ether.....................................     542881
Bromoform....................................................      75252
1,3-Butadiene................................................     106990
Carbon disulfide.............................................      75150
Carbon tetrachloride.........................................      56235
Carbonyl sulfide.............................................     463581
Catechol.....................................................     120809
Chloroacetic acid............................................      79118
2-Chloroacetophenone.........................................     532274
Chlorobenzene................................................     108907
Chloroform...................................................      67663
Chloromethyl methyl ether....................................     107302
Chloroprene..................................................     126998
Cresols (isomers and mixture)................................    1319773
o-Cresol.....................................................      95487
m-Cresol.....................................................     108394
p-Cresol.....................................................     106445
Cumene.......................................................      98828
2,4-D (2,4-Dichlorophenoxyacetic acid, including salts and         94757
 esters).....................................................
DDE (1,1-Dichloro-2,2-bis(p-chlorophenyl)ethylene)...........      72559
Diazomethane.................................................     334883
Dibenzofuran.................................................     132649
1,2-Dibromo-3-chloropropane..................................      96128
Dibutylphthalate.............................................      84742
1,4-Dichlorobenzene..........................................     106467
3,3'-Dichlorobenzidine.......................................      91941
Dichloroethyl ether (Bis(2-chloroethyl)ether)................     111444
1,3-Dichloropropene..........................................     542756
Diethanolamine...............................................     111422
N,N-Dimethylaniline..........................................     121697
Diethyl sulfate..............................................      64675
3,3'-Dimethoxybenzidine......................................     119904
4-Dimethylaminoazobenzene....................................      60117
3,3'-Dimethylbenzidine.......................................     119937
Dimethylcarbamoyl chloride...................................      79447
N,N-Dimethylformamide........................................      68122
1,1-Dimethylhydrazine........................................      57147

[[Page 326]]


Dimethyl phthalate...........................................     131113
Dimethyl sulfate.............................................      77781
4,6-Dinitro-o-cresol, and salts..............................     534521
2,4-Dinitrophenol............................................      51285
2,4-Dinitrotoluene...........................................     121142
1,4-Dioxane (1,4-Diethyleneoxide)............................     123911
1,2-Diphenylhydrazine........................................     122667
Epichlorohydrin (1-Chloro-2,3-epoxypropane)..................     106898
1,2-Epoxybutane..............................................     106887
Ethyl acrylate...............................................     140885
Ethylbenzene.................................................     100414
Ethyl carbamate (Urethane)...................................      51796
Ethyl chloride (Chloroethane)................................      75003
Ethylene dibromide (Dibromoethane)...........................     106934
Ethylene dichloride (1,2-Dichloroethane).....................     107062
Ethylene glycol..............................................     107211
Ethylene oxide...............................................      75218
Ethylenethiourea.............................................      96457
Ethylidene dichloride (1,1-Dichloroethane)...................      75343
Formaldehyde.................................................      50000
Glycolethers \a\.............................................  .........
Hexachlorobenzene............................................     118741
Hexachloro-1,3-butadiene.....................................      87683
Hexachloroethane.............................................      67721
Hexamethylene-1,6-diisocyanate...............................     822060
Hexamethylphosphoramide......................................     680319
Hexane.......................................................     110543
Hydrazine....................................................     302012
Hydroquinone.................................................     123319
Isophorone...................................................      78591
Maleic anhydride.............................................     108316
Methanol.....................................................      67561
Methyl bromide (Bromomethane)................................      74839
Methyl chloride (Chloromethane)..............................      74873
Methyl chloroform (1,1,1-Trichloroethane)....................      71556
Methyl ethyl ketone (2-Butanone).............................      78933
Methylhydrazine..............................................      60344
Methyl iodide (Iodomethane)..................................      74884
Methyl isobutyl ketone (Hexone)..............................     108101
Methyl isocyanate............................................     624839
Methyl methacrylate..........................................      80626
Methyl tert-butyl ether......................................    1634044
4,4'-Methylenebis (2-chloroaniline)..........................     101144
Methylene chloride (Dichloromethane).........................      75092
4,4'-Methylenediphenyl diisocyanate (MDI)....................     101688
4,4'-Methylenedianiline......................................     101779
Naphthalene..................................................      91203
Nitrobenzene.................................................      98953
4-Nitrobiphenyl..............................................      92933
4-Nitrophenol................................................     100027
2-Nitropropane...............................................      79469
N-Nitroso-N-methylurea.......................................     684935
N-Nitrosodimethylamine.......................................      62759
N-Nitrosomorpholine..........................................      59892
Phenol.......................................................     108952
p-Phenylenediamine...........................................     106503
Phosgene.....................................................      75445
Phthalic anhydride...........................................      85449
Polychlorinated biphenyls (Aroclors).........................    1336363
Polycyclic Organic Matter \b\ ...............................  .........
1,3-Propane sultone..........................................    1120714
beta-Propiolactone...........................................      57578
Propionaldehyde..............................................     123386
Propoxur (Baygon)............................................     114261
Propylene dichloride (1,2-Dichloropropane)...................      78875
Propylene oxide..............................................      75569
1,2-Propylenimine (2-Methyl aziridine).......................      75558
Quinone......................................................     106514
Styrene......................................................     100425
Styrene oxide................................................      96093
2,3,7,8-Tetrachlorodibenzo-p-dioxin..........................    1746016
1,1,2,2-Tetrachloroethane....................................      79345
Tetrachloroethylene (Perchloroethylene)......................     127184
Toluene......................................................     108883
2,4-Toluenediamine...........................................      95807
Toluene-2,4-diisocyanate.....................................     584849
o-Toluidine..................................................      95534
1,2,4-Trichlorobenzene.......................................     120821
1,1,2-Trichloroethane........................................      79005
Trichloroethylene............................................      79016
2,4,5-Trichlorophenol........................................      95954
2,4,6-Trichlorophenol........................................      88062
Triethylamine................................................     121448
Trifluralin..................................................    1582098
2,2,4-Trimethylpentane.......................................     540841
Vinyl acetate................................................     108054
Vinyl bromide................................................     593602
Vinyl chloride...............................................      75014
Vinylidene chloride (1,1-Dichloroethylene)...................      75354
Xylenes (isomers and mixture)................................    1330207
o-Xylene.....................................................      95476
m-Xylene.....................................................     108383
p-Xylene.....................................................     106423
------------------------------------------------------------------------
\a\ Includes mono- and di-ethers of ethylene glycol, diethylene glycols
  and triethylene glycol; R-(OCH2CH2) RR-OR where:
n = 1, 2, or 3,
R = alkyl or aryl groups
R'= R, H, or groups which, when removed, yield glycol ethers with the
  structure: R-(OCH2CH2)n--OH. Polymers are excluded from the glycol
  category.
\b\ Includes organic compounds with more than one benzene ring, and
  which have a boiling point greater than or equal to 100 deg.C.


[63 FR 71381, Dec. 28, 1998]



    Sec. Table 3 to Subpart JJ of Part 63--Summary of Emission Limits

------------------------------------------------------------------------
                                                  Existing
                Emission point                     source     New source
------------------------------------------------------------------------
Finishing Operations:
  (a) Achieve a weighted average VHAP content       \a\ 1.0      \a\ 0.8
   across all coatings (maximum kg VHAP/kg
   solids [lb VHAP/lb solids], as applied.....
  (b) Use compliant finishing materials
   (maximum kg VHAP/kg solids [lb VHAP/lb
   solids], as applied):
      --stains................................      \a\ 1.0      \a\ 1.0
      --washcoats.............................    \a b\ 1.0    \a b\ 0.8
      --sealers...............................      \a\ 1.0      \a\ 0.8
      --topcoats..............................      \a\ 1.0      \a\ 0.8
      --basecoats.............................    \a b\ 1.0    \a b\ 0.8
      --enamels...............................    \a b\ 1.0    \a b\ 0.8
      --thinners (maximum percent VHAP                 10.0         10.0
       allowable); or.........................
  (c) As an alternative, use control device;        \c\ 1.0      \c\ 0.8
   or.........................................

[[Page 327]]


  (d) Use any combination of (a), (b), and (c)          1.0          0.8
Cleaning Operations:
  Strippable spray booth material (maximum VOC          0.8          0.8
   content, kg VOC/kg solids [lb VOC/lb
   solids])...................................
Contact Adhesives:
  (a) Use compliant contact adhesives (maximum
   kg VHAP/kg solids [lb VHAP/lb solids], as
   applied) based on following criteria:
      i. For aerosol adhesives, and for              \d\ NA       \d\ NA
       contact adhesives applied to nonporous
       substrates.............................
      ii. For foam adhesives used in products           1.8          0.2
       that meet flammability requirements....
      iii. For all other contact adhesives              1.0          0.2
       (including foam adhesives used in
       products that do not meet flammability
       requirements); or......................
  (b) Use a control device....................      \e\ 1.0      \e\ 0.2
All Finishing Operations and Contact
 Adhesives:
  (a) Achieve total free formaldehyde                   400          400
   emissions across all finishing operations
   and contact adhesives, lb per rolling 12
   month period, as applied
  (b) Use coatings and contact adhesives only       \f\ 1.0      \f\ 1.0
   if they are low-formaldehyde coatings and
   contact adhesives..........................
------------------------------------------------------------------------
\a\ The limits refer to the VHAP content of the coating, as applied.
\b\ Washcoats, basecoats, and enamels must comply with the limits
  presented in this table if they are purchased premade, that is, if
  they are not formulated onsite by thinning other finishing materials.
  If they are formulated onsite, they must be formulated using compliant
  finishing materials, i.e., those that meet the limits specified in
  this table, and thinners containing no more than 3.0 percent VHAP by
  weight.
\c\ The control device must operate at an efficiency that is equivalent
  to no greater than 1.0 kilogram (or 0.8 kilogram) of VHAP being
  emitted from the affected emission source per kilogram of solids used.
\d\ There is no limit on the VHAP content of these adhesives.
\e\ The control device must operate at an efficiency that is equivalent
  to no greater than 1.0 kilogram (or 0.2 kilogram) of VHAP being
  emitted from the affected emission source per kilogram of solids used.
\f\ The limits refer to the formaldehyde content by weight of the
  coating or contact adhesive, as specified on certified product data
  sheets.


[60 FR 62936, Dec. 7, 1995, as amended at 62 FR 30260, June 3, 1997; 76
FR 72073, Nov. 21, 2011]



 Sec. Table 4 to Subpart JJ of Part 63--Pollutants Excluded From Use in
                      Cleaning and Washoff Solvents

------------------------------------------------------------------------
                        Chemical name                           CAS No.
------------------------------------------------------------------------
4-Aminobiphenyl..............................................      92671
Styrene oxide................................................      96093
Diethyl sulfate..............................................      64675
N-Nitrosomorpholine..........................................      59892
Dimethyl formamide...........................................      68122
Hexamethylphosphoramide......................................     680319
Acetamide....................................................      60355
4,4'-Methylenedianiline......................................     101779
o-Anisidine..................................................      90040
2,3,7,8-Tetrachlorodibenzo-p-dioxin..........................    1746016
Beryllium salts..............................................  .........
Benzidine....................................................      92875
N-Nitroso-N-methylurea.......................................     684935
Bis (chloromethyl) ether.....................................     542881
Dimethyl carbamoyl chloride..................................      79447
Chromium compounds (hexavalent)..............................  .........
1,2-Propylenimine (2-Methyl aziridine).......................      75558
Arsenic and inorganic arsenic compounds......................   99999904
Hydrazine....................................................     302012
1,1-Dimethyl hydrazine.......................................      57147
Beryllium compounds..........................................    7440417
1,2-Dibromo-3-chloropropane..................................      96128
N-Nitrosodimethylamine.......................................      62759
Cadmium compounds............................................  .........
Benzo (a) pyrene.............................................      50328
Polychlorinated biphenyls (Aroclors).........................    1336363
Heptachlor...................................................      76448
3,3'-Dimethyl benzidine......................................     119937
Nickel subsulfide............................................   12035722
Acrylamide...................................................      79061
Hexachlorobenzene............................................     118741
Chlordane....................................................      57749
1,3-Propane sultone..........................................    1120714
1,3-Butadiene................................................     106990
Nickel refinery dust.........................................  .........
2-Acetylaminoflourine........................................      53963
3,3'-Dichlorobenzidine.......................................      53963
Lindane (hexachlorcyclohexane, gamma)........................      58899
2,4-Toluene diamine..........................................      95807
Dichloroethyl ether (Bis(2-chloroethyl) ether)...............     111444
1,2-Diphenylhydrazine........................................     122667
Toxaphene (chlorinated camphene).............................    8001352
2,4-Dinitrotoluene...........................................     121142
3,3'-Dimethoxybenzidine......................................     119904
Formaldehyde.................................................      50000
4,4'-Methylene bis (2-chloroaniline).........................     101144
Acrylonitrile................................................     107131
Ethylene dibromide (1,2-Dibromoethane).......................     106934
DDE (1,1-p-chlorophenyl 1-2 dichloroethylene)................      72559
Chlorobenzilate..............................................     510156
Dichlorvos...................................................      62737
Vinyl chloride...............................................      75014
Coke Oven Emissions..........................................  .........
Ethylene oxide...............................................      75218
Ethylene thiourea............................................      96457
Vinyl bromide (bromoethene)..................................     593602
Selenium sulfide (mono and di)...............................    7488564
Chloroform...................................................      67663
Pentachlorophenol............................................      87865
Ethyl carbamate (Urethane)...................................      51796
Ethylene dichloride (1,2-Dichloroethane).....................     107062
Propylene dichloride (1,2-Dichloropropane)...................      78875
Carbon tetrachloride.........................................      56235
Benzene......................................................      71432
Methyl hydrazine.............................................      60344
Ethyl acrylate...............................................     140885
Propylene oxide..............................................      75569
Aniline......................................................      62533
1,4-Dichlorobenzene(p).......................................     106467
2,4,6-Trichlorophenol........................................      88062
Bis (2-ethylhexyl) phthalate (DEHP)..........................     117817
o-Toluidine..................................................      95534
Propoxur.....................................................     114261
1,4-Dioxane (1,4-Diethyleneoxide)............................     123911

[[Page 328]]


Acetaldehyde.................................................      75070
Bromoform....................................................      75252
Captan.......................................................     133062
Epichlorohydrin..............................................     106898
Methylene chloride (Dichloromethane).........................      75092
Dibenz (ah) anthracene.......................................      53703
Chrysene.....................................................     218019
Dimethyl aminoazobenzene.....................................      60117
Benzo (a) anthracene.........................................      56553
Benzo (b) fluoranthene.......................................     205992
Antimony trioxide............................................    1309644
2-Nitropropane...............................................      79469
1,3-Dichloropropene..........................................     542756
7, 12-Dimethylbenz(a) anthracene.............................      57976
Benz(c) acridine.............................................     225514
Indeno(1,2,3-cd)pyrene.......................................     193395
1,2:7,8-Dibenzopyrene........................................     189559
------------------------------------------------------------------------


[63 FR 71382, Dec. 28, 1998]



Sec. Table 5 to Subpart JJ of Part 63--List of VHAP of Potential Concern
                         Identified by Industry

------------------------------------------------------------------------
                                                                 EPA de
               CAS No.                     Chemical name        minimis,
                                                                tons/yr
------------------------------------------------------------------------
68122...............................       Dimethyl formamide        1.0
50000...............................             Formaldehyde        0.2
75092...............................       Methylene chloride        4.0
79469...............................           2-Nitropropane        1.0
78591...............................               Isophorone        0.7
1000425.............................          Styrene monomer        1.0
108952..............................                   Phenol        0.1
111422..............................          Dimethanolamine        5.0
109864..............................         2-Methoxyethanol       10.0
111159..............................    2-Ethoxyethyl acetate       10.0
------------------------------------------------------------------------


[63 FR 71382, Dec. 28, 1998]

       Table 6 to Subpart JJ of Part 63--VHAP of Potential Concern

------------------------------------------------------------------------
                                                              EPA de
       CAS No.                   Chemical name            minimis, tons/
                                                                yr*
------------------------------------------------------------------------
92671................  4-Aminobiphenyl..................      1.0
96093................  Styrene oxide....................      1.0
64675................  Diethyl sulfate..................      1.0
59892................  N-Nitrosomorpholine..............      1.0
68122................  Dimethyl formamide...............      1.0
680319...............  Hexamethylphosphoramide..........      0.01
60355................  Acetamide........................      1.0
101779...............  4,4'-Methylenedianiline..........      1.0
90040................  o-Anisidine......................      1.0
1746016..............  2,3,7,8-Tetrachlorodibenzo-p-          0.00000006
                        dioxin.
92875................  Benzidine........................      0.00003
684935...............  N-Nitroso-N-methylurea...........      0.00002
542881...............  Bis(chloromethyl) ether..........      0.00003
79447................  Dimethyl carbamoyl chloride......      0.002
75558................  1,2-Propylenimine (2-Methyl            0.0003
                        aziridine).
57147................  1,1-Dimethyl hydrazine...........      0.0008
96128................  1,2-Dibromo-3-chloropropane......      0.001
62759................  N-Nitrosodimethylamine...........      0.0001
50328................  Benzo (a) pyrene.................      0.001
1336363..............  Polychlorinated biphenyls              0.0009
                        (Aroclors).
76448................  Heptachlor.......................      0.002
119937...............  3,3'-Dimethyl benzidine..........      0.001
79061................  Acrylamide.......................      0.002
118741...............  Hexachlorobenzene................      0.004
57749................  Chlordane........................      0.005
1120714..............  1,3-Propane sultone..............      0.003
106990...............  1,3-Butadiene....................      0.007
53963................  2-Acetylaminoflourine............      0.0005
91941................  3,3'-Dichlorobenzidine...........      0.02
58899................  Lindane (hexachlorocyclohexane,        0.005
                        gamma).
95807................  2,4-Toluene diamine..............      0.002
111444...............  Dichloroethyl ether (Bis(2-            0.006
                        chloroethyl)ether).
122667...............  1,2--Diphenylhydrazine...........      0.009
8001352..............  Toxaphene (chlorinated camphene).      0.006
121142...............  2,4-Dinitrotoluene...............      0.002
119904...............  3,3'-Dimethoxybenzidine..........      0.01
50000................  Formaldehyde.....................      0.2
101144...............  4,4'-Methylene bis(2-                  0.02
                        chloroaniline).
107131...............  Acrylonitrile....................      0.03
106934...............  Ethylene dibromide(1,2-                0.01
                        Dibromoethane).
72559................  DDE (1,1-p-chlorophenyl 1-2            0.01
                        dichloroethylene).
510156...............  Chlorobenzilate..................      0.04
62737................  Dichlorvos.......................      0.02
75014................  Vinyl chloride...................      0.02
75218................  Ethylene oxide...................      0.09
96457................  Ethylene thiourea................      0.06
593602...............  Vinyl bromide (bromoethene)......      0.06

[[Page 329]]


67663................  Chloroform.......................      0.09
87865................  Pentachlorophenol................      0.07
51796................  Ethyl carbamate (Urethane).......      0.08
107062...............  Ethylene dichloride (1,2-              0.08
                        Dichloroethane).
78875................  Propylene dichloride (1,2-             0.1
                        Dichloropropane).
56235................  Carbon tetrachloride.............      0.1
71432................  Benzene..........................      0.2
140885...............  Ethyl acrylate...................      0.1
75569................  Propylene oxide..................      0.5
62533................  Aniline..........................      0.1
106467...............  1,4-Dichlorobenzene(p)...........      0.3
88062................  2,4,6-Trichlorophenol............      0.6
117817...............  Bis (2-ethylhexyl) phthalate           0.5
                        (DEHP).
95534................  o-Toluidine......................      0.4
114261...............  Propoxur.........................      2.0
79016................  Trichloroethylene................      1.0
123911...............  1,4-Dioxane (1,4-Diethyleneoxide)      0.6
75070................  Acetaldehyde.....................      0.9
75252................  Bromoform........................      2.0
133062...............  Captan...........................      2.0
106898...............  Epichlorohydrin..................      2.0
75092................  Methylene chloride                     4.0
                        (Dichloromethane).
127184...............  Tetrachloroethylene                    4.0
                        (Perchloroethylene).
53703................  Dibenz (ah) anthracene...........      0.01
218019...............  Chrysene.........................      0.01
60117................  Dimethyl aminoazobenzene.........      1.0
56553................  Benzo (a) anthracene.............      0.01
205992...............  Benzo (b) fluoranthene...........      0.01
79469................  2-Nitropropane...................      1.0
542756...............  1,3-Dichloropropene..............      1.0
57976................  7,12-Dimethylbenz (a) anthracene.      0.01
225514...............  Benz(c)acridine..................      0.01
193395...............  Indeno(1,2,3-cd)pyrene...........      0.01
189559...............  1,2:7,8-Dibenzopyrene............      0.01
79345................  1,1,2,2-Tetrachloroethane........      0.03
91225................  Quinoline........................      0.0006
75354................  Vinylidene chloride (1,1-              0.04
                        Dichloroethylene).
87683................  Hexachlorobutadiene..............      0.09
82688................  Pentachloronitrobenzene                0.03
                        (Quintobenzene).
78591................  Isophorone.......................      0.7
79005................  1,1,2-Trichloroethane............      0.1
74873................  Methyl chloride (Chloromethane)..      1.0
67721................  Hexachloroethane.................      0.5
1582098..............  Trifluralin......................      0.9
1319773..............  Cresols/Cresylic acid (isomers         1.0
                        and mixture).
108394...............  m-Cresol.........................      1.0
75343................  Ethylidene dichloride (1,1-            1.0
                        Dichloroethane).
95487................  o-Cresol.........................      1.0
106445...............  p-Cresol.........................      1.0
74884................  Methyl iodide (Iodomethane)......      1.0
100425...............  Styrene..........................      1.0
107051...............  Allyl chloride...................      1.0
334883...............  Diazomethane.....................      1.0
95954................  2,4,5--Trichlorophenol...........      1.0
133904...............  Chloramben.......................      1.0
106887...............  1,2--Epoxybutane.................      1.0
108054...............  Vinyl acetate....................      1.0
126998...............  Chloroprene......................      1.0
123319...............  Hydroquinone.....................      1.0
92933................  4-Nitrobiphenyl..................      1.0
56382................  Parathion........................      0.1
13463393.............  Nickel Carbonyl..................      0.1
60344................  Methyl hydrazine.................      0.006
151564...............  Ethylene imine...................      0.0003
77781................  Dimethyl sulfate.................      0.1
107302...............  Chloromethyl methyl ether........      0.1
57578................  beta-Propiolactone...............      0.1
100447...............  Benzyl chloride..................      0.04
98077................  Benzotrichloride.................      0.0006
107028...............  Acrolein.........................      0.04
584849...............  2,4--Toluene diisocyanate........      0.1
75741................  Tetramethyl lead.................      0.01
78002................  Tetraethyl lead..................      0.01

[[Page 330]]


12108133.............  Methylcyclopentadienyl manganese.      0.1
624839...............  Methyl isocyanate................      0.1
77474................  Hexachlorocyclopentadiene........      0.1
62207765.............  Fluomine.........................      0.1
10210681.............  Cobalt carbonyl..................      0.1
79118................  Chloroacetic acid................      0.1
534521...............  4,6-Dinitro-o-cresol, and salts..      0.1
101688...............  Methylene diphenyl diisocyanate..      0.1
108952...............  Phenol...........................      0.1
62384................  Mercury, (acetato-o) phenyl......      0.01
98862................  Acetophenone.....................      1.0
108316...............  Maleic anhydride.................      1.0
532274...............  2-Chloroacetophenone.............      0.06
51285................  2,4-Dinitrophenol................      1.0
109864...............  2-Methyoxy ethanol...............     10.0
98953................  Nitrobenzene.....................      1.0
74839................  Methyl bromide (Bromomethane)....     10.0
75150................  Carbon disulfide.................      1.0
121697...............  N,N-Dimethylaniline..............      1.0
106514...............  Quinone..........................      5.0
123386...............  Propionaldehyde..................      5.0
120809...............  Catechol.........................      5.0
85449................  Phthalic anhydride...............      5.0
463581...............  Carbonyl sulfide.................      5.0
132649...............  Dibenzofurans....................      5.0
100027...............  4-Nitrophenol....................      5.0
540841...............  2,2,4-Trimethylpentane...........      5.0
111422...............  Diethanolamine...................      5.0
822060...............  Hexamethylene-1,6-diisocyanate...      5.0
                       Glycol ethers \a\................      5.0
                       Polycyclic organic matter \b\....      0.01
------------------------------------------------------------------------
* These values are based on the de minimis levels provided in the
  proposed rulemaking pursuant to section 112(g) of the Act using a 70-
  year lifetime exposure duration for all VHAP. Default assumptions and
  the de minimis values based on inhalation reference doses (RfC) are
  not changed by this adjustment.
\a\ Except for ethylene glycol butyl ether, ethylene glycol ethyl ether
  (2-ethoxy ethanol), ethylene glycol hexyl ether, ethylene glycol
  methyl ether (2-methoxyethanol), ethylene glycol phenyl ether,
  ethylene glycol propyl ether, ethylene glycol mono-2-ethylhexyl ether,
  diethylene glycol butyl ether, diethylene glycol ethyl ether,
  diethylene glycol methyl ether, diethylene glycol hexyl ether,
  diethylene glycol phenyl ether, diethylene glycol propyl ether,
  triethylene glycol butyl ether, triethylene glycol ethyl ether,
  triethylene glycol methyl ether, triethylene glycol propyl ether,
  ethylene glycol butyl ether acetate, ethylene glycol ethyl ether
  acetate, and diethylene glycol ethyl ether acetate.
\b\ Except for benzo(b)fluoranthene, benzo(a)anthracene, benzo(a)pyrene,
  7,12-dimethylbenz(a)anthracene, benz(c)acridine, chrysene, dibenz(ah)
  anthracene, 1,2:7,8-dibenzopyrene, indeno(1,2,3-cd)pyrene, but
  including dioxins and furans.


[63 FR 71383, Dec. 28, 1998]



 Subpart KK_National Emission Standards for the Printing and Publishing
                                Industry

    Source: 61 FR 27140, May 30, 1996, unless otherwise noted.



Sec. 63.820  Applicability.

    (a) The provisions of this subpart apply to:
    (1) Each new and existing facility that is a major source of
hazardous air pollutants (HAP), as defined in 40 CFR 63.2, at which
publication rotogravure, product and packaging rotogravure, or wide-web
flexographic printing presses are operated, and
    (2) Each new and existing facility at which publication rotogravure,
product and packaging rotogravure, or wide-web flexographic printing
presses are operated for which the owner or operator chooses to commit
to and meets the criteria of paragraphs (a)(2)(i) and (ii) of this
section for purposes of establishing the facility to be an area source
of HAP with respect to this subpart. A facility which establishes area
source status through some other mechanism, as described in paragraph
(a)(7) of this section, is not subject to the provisions of this
subpart.
    (i) Use less than 9.1 Mg (10 tons) per each rolling 12-month period
of each HAP at the facility, including materials used for source
categories or purposes other than printing and publishing, and
    (ii) Use less than 22.7 Mg (25 tons) per each rolling 12-month
period of any

[[Page 331]]

combination of HAP at the facility, including materials used for source
categories or purposes other than printing and publishing.
    (3) Each facility for which the owner or operator chooses to commit
to and meets the criteria stated in paragraph (a)(2) of this section
shall be considered an area source, and is subject only to the
provisions of Secs. 63.829(d) and 63.830(b)(1) of this subpart.
    (4) Each facility for which the owner or operator commits to the
conditions in paragraph (a)(2) of this section may exclude material used
in routine janitorial or facility grounds maintenance, personal uses by
employees or other persons, the use of products for the purpose of
maintaining electric, propane, gasoline and diesel powered motor
vehicles operated by the facility, and the use of HAP contained in
intake water (used for processing or noncontact cooling) or intake air
(used either as compressed air or for combustion).
    (5) Each facility for which the owner or operator commits to the
conditions in paragraph (a)(2) of this section to become an area source,
but subsequently exceeds either of the thresholds in paragraph (a)(2) of
this section for any rolling 12-month period (without first obtaining
and complying with other limits that keep its potential to emit HAP
below major source levels), shall be considered in violation of its
commitment for that 12-month period and shall be considered a major
source of HAP beginning the first month after the end of the 12-month
period in which either of the HAP-use thresholds was exceeded. As a
major source of HAP, each such facility would be subject to the
provisions of this subpart as noted in paragraph (a)(1) of this section
and would no longer be eligible to use the provisions of paragraph
(a)(2) of this section, even if in subsequent 12-month periods the
facility uses less HAP than the thresholds in paragraph (a)(2) of this
section.
    (6) An owner or operator of an affected source subject to paragraph
(a)(2) of this section who chooses to no longer be subject to paragraph
(a)(2) of this section shall notify the Administrator of such change.
If, by no longer being subject to paragraph (a)(2) of this section, the
facility at which the affected source is located becomes a major source:
    (i) The owner or operator of an existing source must continue to
comply with the HAP usage provisions of paragraph (a)(2) of this section
until the source is in compliance with all relevant requirements for
existing affected sources under this subpart;
    (ii) The owner or operator of a new source must continue to comply
with the HAP usage provisions of paragraph (a)(2) of this section until
the source is in compliance with all relevant requirements for new
affected sources under this subpart.
    (7) Nothing in this paragraph is intended to preclude a facility
from establishing area source status by limiting its potential to emit
through other appropriate mechanisms that may be available through the
permitting authority.
    (b) This subpart does not apply to research or laboratory equipment.
    (c) 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.
    (1) 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 (c)(2) of this section, and must
prove by a preponderance of evidence that:
    (i) 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 or 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;

[[Page 332]]

and were not part of a recurring pattern indicative of inadequate
design, operation, or maintenance;
    (ii) 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;
    (iii) The frequency, amount, and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions;
    (iv) 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;
    (v) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment, and human
health;
    (vi) All emissions monitoring and control systems were kept in
operation, if at all possible, consistent with safety and good air
pollution control practices;
    (vii) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs;
    (viii) At all times, the facility was operated in a manner
consistent with good practices for minimizing emissions; and
    (ix) 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.
    (2) 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 (c)(1) 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 27140, May 30, 1996, as amended at 71 FR 29799, May 24, 2006; 76
FR 22597, Apr. 21, 2011]



Sec. 63.821  Designation of affected sources.

    (a) The affected sources subject to this subpart are:
    (1) All of the publication rotogravure presses and all related
equipment, including proof presses, cylinder and parts cleaners, ink and
solvent mixing and storage equipment, and solvent recovery equipment at
a facility.
    (2) All of the product and packaging rotogravure or wide-web
flexographic printing presses at a facility plus any other equipment at
that facility which the owner or operator chooses to include in
accordance with paragraphs (a)(3) or (a)(4) of this section, except
    (i) Proof presses, unless the owner or operator chooses to include
proof presses in the affected source in accordance with paragraph (a)(5)
of this section.
    (ii) Any product and packaging rotogravure or wide-web flexographic
press which is used primarily for coating, laminating, or other
operations which the owner or operator chooses to exclude, provided that
    (A) the sum of the total mass of inks, coatings, varnishes,
adhesives, primers, solvents, thinners, reducers, and other materials
applied by the press using product and packaging rotogravure print
stations and the total mass of inks, coatings, varnishes, adhesives,
primers, solvents, thinners, reducers,

[[Page 333]]

and other materials applied by the press using wide-web flexographic
print stations in each month never exceeds 5 percent of the total mass
of inks, coatings, varnishes, adhesives, primers, solvents, thinners,
reducers, and other materials applied by the press in that month,
including all inboard and outboard stations; and
    (B) The owner or operator maintains records as required in
Sec. 63.829(f).
    (3) The owner or operator of an affected source, as defined in
paragraph (a)(2) of this section, may elect to include in that affected
source stand-alone equipment subject to the following provisions:
    (i) Stand-alone equipment meeting any of the criteria specified in
this subparagraph is eligible for inclusion:
    (A) The stand-alone equipment and one or more product and packaging
rotogravure or wide-web flexographic presses are used to apply solids-
containing materials to the same web or substrate; or
    (B) The stand-alone equipment and one or more product and packaging
rotogravure or wide-web flexographic presses apply a common solids-
containing material; or
    (C) A common control device is used to control organic HAP emissions
from the stand-alone equipment and from one or more product and
packaging rotogravure or wide-web flexographic printing presses;
    (ii) All eligible stand-alone equipment located at the facility is
included in the affected source; and
    (iii) No product and packaging rotogravure or wide-web flexographic
presses are excluded from the affected source under the provisions of
paragraph (a)(2)(ii) of this section.
    (4) The owner or operator of an affected source, as defined in
paragraph (a)(2) of this section, may elect to include in that affected
source narrow-web flexographic presses subject to the following
provisions:
    (i) Each narrow-web flexographic press meeting any of the criteria
specified in this subparagraph is eligible for inclusion:
    (A) The narrow-web flexographic press and one or more product and
packaging rotogravure or wide-web flexographic presses are used to apply
solids containing material to the same web or substrate; or
    (B) The narrow-web flexographic press and one or more product and
packaging rotogravure or wide-web flexographic presses apply a common
solids-containing material; or
    (C) A common control device is used to control organic HAP emissions
from the narrow-web flexographic press and from one or more product and
packaging rotogravure or wide-web flexographic presses; and
    (ii) All eligible narrow-web flexographic presses located at the
facility are included in the affected source.
    (5) The owner or operator of an affected source, as defined in
paragraph (a)(2) of this section, may elect to include in that affected
source rotogravure proof presses or flexographic proof presses subject
to the following provisions:
    (i) Each proof press meeting any of the criteria specified in this
subparagraph is eligible for inclusion.
    (A) The proof press and one or more product and packaging
rotogravure or wide-web flexographic presses apply a common solids-
containing material; or
    (B) A common control device is used to control organic HAP emissions
from the proof press and from one or more product and packaging
rotogravure or wide-web flexographic presses; and
    (ii) All eligible proof presses located at the facility are included
in the affected source.
    (6) Affiliated operations such as mixing or dissolving of ink or
coating ingredients prior to application; ink or coating mixing for
viscosity adjustment, color tint or additive blending, or pH adjustment;
cleaning of ink or coating lines and line parts; handling and storage of
inks, coatings, and solvents; and conveyance and treatment of wastewater
are part of the printing and publishing industry source category, but
are not part of the product and packaging rotogravure or wide-web
flexographic printing affected source.
    (7) Other presses are part of the printing and publishing industry
source category, but are not part of the publication rotogravure
affected source or the product and packaging rotogravure or wide-web
flexographic printing affected source and are, therefore,

[[Page 334]]

exempt from the requirements of this subpart except as provided in
paragraph (a)(3) of this section.
    (8) Narrow web-flexographic presses are part of the printing and
publishing industry source category, but are not part of the publication
rotogravure affected source or the product and packaging rotogravure or
wide-web flexographic printing affected source and are, therefore,
exempt from the requirements of this subpart except as provided in
paragraphs (a)(3) through (5) of this section.
    (b) Each product and packaging rotogravure or wide-web flexographic
printing affected source at a facility that is a major source of HAP, as
defined in 40 CFR 63.2, that complies with the criteria of paragraphs
(b)(1) or (b)(2) on and after the applicable compliance date as
specified in Sec. 63.826 of this subpart is subject only to the
requirements of Secs. 63.829(e) and 63.830(b)(1) of this subpart.
    (1) The owner or operator of the affected source applies no more
than 500 kilograms (kg) per month, for every month, of inks, coatings,
varnishes, adhesives, primers, solvents, thinners, reducers, and other
materials on product and packaging rotogravure or wide-web flexographic
printing presses, or
    (2) The owner or operator of the affected source applies no more
than 400 kg per month, for every month, of organic HAP on product and
packaging rotogravure or wide-web flexographic printing presses.
    (c) Each product and packaging rotogravure or wide-web flexographic
printing affected source at a facility that is a major source of HAP, as
defined in 40 CFR 63.2, that complies with neither the criterion of
paragraph (b)(1) nor (b)(2) of this section in any month after the
applicable compliance date as specified in Sec. 63.826 of this subpart
is, starting with that month, subject to all relevant requirements of
this subpart and is no longer eligible to use the provisions of
paragraph (b) of this section, even if in subsequent months the affected
source does comply with the criteria of paragraphs (b)(1) or (b)(2) of
this section.

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



Sec. 63.822  Definitions.

    (a) All terms used in this subpart that are not defined below have
the meaning given to them in the CAA and in subpart A of this part.
    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.
    Always-controlled work station means a work station associated with
a dryer from which the exhaust is delivered to a control device, with no
provision for the dryer exhaust to bypass the control device. Sampling
lines for analyzers and relief valves needed for safety purposes are not
considered bypass lines.
    Capture efficiency means the fraction of all organic HAP emissions
generated by a process that are delivered to a control device, expressed
as a percentage.
    Capture system means a hood, enclosed room, or other means of
collecting organic HAP emissions into a closed-vent system that exhausts
to a control device.
    Car-seal means a seal that is placed on a device that is used to
change the position of a valve or damper (e.g., from open to closed) in
such a way that the position of the valve or damper cannot be changed
without breaking the seal.
    Certified product data sheet (CPDS) means documentation furnished by
suppliers of inks, coatings, varnishes, adhesives, primers, solvents,
and other materials or by an independent third party that provides the
organic HAP weight fraction of these materials determined in accordance
with Sec. 63.827(b), or the volatile matter weight fraction or solids
weight fraction determined in accordance with Sec. 63.827(c). A material
safety data sheet (MSDS) may serve as a CPDS provided the MSDS meets the
data requirements of Sec. 63.827(b) and (c). The purpose of the CPDS is
to assist the owner or operator in demonstrating compliance with the
emission limitations presented in Secs. 63.824-63.825.
    Coating means material applied onto or impregnated into a substrate
for

[[Page 335]]

decorative, protective, or functional purposes. Such materials include,
but are not limited to, solvent-borne coatings, waterborne coatings, wax
coatings, wax laminations, extrusion coatings, extrusion laminations,
100 percent solid adhesives, ultra-violet cured coatings, electron beam
cured coatings, hot melt coatings, and cold seal coatings. Materials
used to form unsupported substrates such as calendaring of vinyl, blown
film, cast film, extruded film, and coextruded film are not considered
coatings.
    Control device means a device such as a carbon adsorber or oxidizer
which reduces the organic HAP in an exhaust gas by recovery or by
destruction.
    Control device efficiency means the ratio of organic HAP emissions
recovered or destroyed by a control device to the total organic HAP
emissions that are introduced into the control device, expressed as a
percentage.
    Day means a 24-consecutive-hour period.
    Facility means all contiguous or adjoining property that is under
common ownership or control, including properties that are separated
only by a road or other public right-of-way.
    Flexible packaging means any package or part of a package the shape
of which can be readily changed. Flexible packaging includes, but is not
limited to, bags, pouches, labels, liners and wraps utilizing paper,
plastic, film, aluminum foil, metalized or coated paper or film, or any
combination of these materials.
    Flexographic press means an unwind or feed section, which may
include more than one unwind or feed station (such as on a laminator), a
series of individual work stations, one or more of which is a
flexographic print station, any dryers (including interstage dryers and
overhead tunnel dryers) associated with the work stations, and a rewind,
stack, or collection section. The work stations may be oriented
vertically, horizontally, or around the circumference of a single large
impression cylinder. Inboard and outboard work stations, including those
employing any other technology, such as rotogravure, are included if
they are capable of printing or coating on the same substrate. A
publication rotogravure press with one or more flexographic imprinters
is not a flexographic press.
    Flexographic print station means a print station on which a
flexographic printing operation is conducted. A flexographic print
station includes an anilox roller that transfers material to a raised
image (type or art) on a plate cylinder. The material is then
transferred from the image on the plate cylinder to the web or sheet to
be printed. A flexographic print station may include a fountain roller
to transfer material from the reservoir to the anilox roller, or
material may be transferred directly from the reservoir to the anilox
roller. The materials applied are of a fluid, rather than paste,
consistency.
    HAP applied means the organic HAP content of all inks, coatings,
varnishes, adhesives, primers, solvent, and other materials applied to a
substrate by a product and packaging rotogravure or wide-web
flexographic printing affected source.
    HAP used means the organic HAP applied by a publication rotogravure
printing affected source, including all organic HAP used for cleaning,
parts washing, proof presses, and all organic HAP emitted during tank
loading, ink mixing, and storage.
    Intermittently-controllable work station means a work station
associated with a dryer with provisions for the dryer exhaust to be
delivered to or diverted from a control device depending on the position
of a valve or damper. Sampling lines for analyzers and relief valves
needed for safety purposes are not considered bypass lines.
    Month means a calendar month or a prespecified period of 28 days to
35 days.
    Narrow-web flexographic press means a flexographic press that is not
capable of printing substrates greater than 18 inches in width and that
does not also meet the definition of rotogravure press (i.e., it has no
rotogravure print stations).
    Never-controlled work station means a work station which is not
equipped with provisions by which any emissions, including those in the
exhaust from any associated dryer, may be delivered to a control device.

[[Page 336]]

    Other press means a lithographic press, letterpress press, or screen
printing press that does not meet the definition of rotogravure press or
flexographic press (i.e., it has no rotogravure print stations and no
flexographic print stations), and that does not print on fabric or other
textiles as defined in the Printing, Coating, and Dyeing of Fabrics and
Other Textiles NESHAP (40 CFR part 63, subpart OOOO), wood furniture
components as defined in the Wood Furniture Manufacturing Operations
NESHAP (40 CFR part 63, subpart JJ) or wood building products as defined
in the Surface Coating of Wood Building Products NESHAP (40 CFR part 63,
subpart QQQQ).
    Overall Organic HAP control efficiency means the total efficiency of
a control system, determined either by:
    (1) The product of the capture efficiency and the control device
efficiency or
    (2) A liquid-liquid material balance.
    Print station means a work station on which a printing operation is
conducted.
    Printing operation means the formation of words, designs, or
pictures on a substrate other than wood furniture components as defined
in the Wood Furniture Manufacturing Operations NESHAP (40 CFR part 63,
subpart JJ), wood building products as defined in the Surface Coating of
Wood Building Products NESHAP (40 CFR part 63, subpart QQQQ), and fabric
or other textiles as defined in the Printing, Coating, and Dyeing of
Fabric and Other Textiles NESHAP (40 CFR part 63, subpart OOOO), except
for fabric or other textiles for use in flexible packaging.
    Product and packaging rotogravure printing means the production, on
a rotogravure press, of any printed substrate not otherwise defined as
publication rotogravure printing. This includes, but is not limited to,
folding cartons, flexible packaging, labels and wrappers, gift wraps,
wall and floor coverings, upholstery, decorative laminates, and tissue
products.
    Proof press means any press which prints only non-saleable items
used to check the quality of image formation of rotogravure cylinders or
flexographic plates; substrates such as paper, plastic film, metal foil,
or vinyl; or ink, coating varnish, adhesive, primer, or other solids-
containing material.
    Publication rotogravure press means a rotogravure press used for
publication rotogravure printing. A publication rotogravure press may
include one or more flexographic imprinters. A publication rotogravure
press with one or more flexographic imprinters is not a flexographic
press.
    Publication rotogravure printing means the production, on a
rotogravure press, of the following saleable paper products:
    (1) Catalogues, including mail order and premium,
    (2) Direct mail advertisements, including circulars, letters,
pamphlets, cards, and printed envelopes,
    (3) Display advertisements, including general posters, outdoor
advertisements, car cards, window posters; counter and floor displays;
point of purchase and other printed display material,
    (4) Magazines,
    (5) Miscellaneous advertisements, including brochures, pamphlets,
catalog sheets, circular folders, announcements, package inserts, book
jackets, market circulars, magazine inserts, and shopping news,
    (6) Newspapers, magazine and comic supplements for newspapers, and
preprinted newspaper inserts, including hi-fi and spectacolor rolls and
sections,
    (7) Periodicals, and
    (8) Telephone and other directories, including business reference
services.
    Research or laboratory equipment means any equipment for which the
primary purpose is to conduct research and development into new
processes and products, where such equipment is operated under the close
supervision of technically trained personnel and is not engaged in the
manufacture of products for commercial sale in commerce, except in a de
minimis manner.
    Rotogravure press means an unwind or feed section, which may include
more than one unwind or feed station (such as on a laminator), a series
of individual work stations, one or more of which is a rotogravure print
station, any dryers associated with the work stations, and a rewind,
stack, or collection section. Inboard and outboard

[[Page 337]]

work stations, including those employing any other technology, such as
flexography, are included if they are capable of printing or coating on
the same substrate.
    Rotogravure print station means a print station on which a
rotogravure printing operation is conducted. A rotogravure print station
includes a rotogravure cylinder and supply for ink or other solids
containing material. The image (type and art) to be printed is etched or
engraved below the surface of the rotogravure cylinder. On a rotogravure
cylinder the printing image consists of millions of minute cells.
    Stand-alone equipment means an unwind or feed section, which may
include more than one unwind or feed station (such as on a laminator); a
series of one or more work stations and any associated dryers; and a
rewind, stack, or collection section that is not part of a product and
packaging rotogravure or wide-web flexographic press. Stand-alone
equipment is sometimes referred to as ``off-line'' equipment.
    Wide-web flexographic press means a flexographic press capable of
printing substrates greater than 18 inches in width.
    Work station means a unit on which material is deposited onto a
substrate.
    (b) The symbols used in equations in this subpart are defined as
follows:
    (1) Cahi = the monthly average, as-applied, organic HAP
content of solids-containing material, i, expressed as a weight-
fraction, kg/kg.
    (2) Casi = the monthly average, as applied, solids
content, of solids-containing material, i, expressed as a weight-
fraction, kg/kg.
    (3) Chi = the organic HAP content of ink or other solids-
containing material, i, expressed as a weight-fraction, kg/kg.
    (4) Chij = the organic HAP content of solvent j, added to
solids-containing material i, expressed as a weight-fraction, kg/kg.
    (5) Chj = the organic HAP content of solvent j, expressed
as a weight-fraction, kg/kg.
    (6) [Reserved]
    (7) Csi = the solids content of ink or other material, i,
expressed as a weight-fraction, kg/kg.
    (8) Cvi = the volatile matter content of ink or other
material, i, expressed as a weight-fraction, kg/kg.
    (9) E=the organic volatile matter control efficiency of the control
device, percent.
    (10) F=the organic volatile matter capture efficiency of the capture
system, percent.
    (11) Gi = the mass fraction of each solids containing
material, i, which was applied at 20 weight-percent or greater solids
content, on an as-applied basis, kg/kg.
    (12) H = the monthly organic HAP emitted, kg.
    (13) Ha = the monthly allowable organic HAP emissions,
kg.
    (14) HL = the monthly average, as-applied, organic HAP
content of all solids-containing materials applied at less than 0.04 kg
organic HAP per kg of material applied, kg/kg.
    (15) Hs = the monthly average, as-applied, organic HAP to
solids ratio, kg organic HAP/kg solids applied.
    (16) Hsi = the as-applied, organic HAP to solids ratio of
material i.
    (17) L=the mass organic HAP emission rate per mass of solids
applied, kg/kg.
    (18) MBi = the sum of the mass of solids-containing
material, i, applied on intermittently-controllable work stations
operating in bypass mode and the mass of solids-containing material, i,
applied on never-controlled work stations, in a month, kg.
    (19) MBj = the sum of the mass of solvent, thinner,
reducer, diluent, or other non-solids-containing material, j, applied on
intermittently-controllable work stations operating in bypass mode and
the mass of solvent, thinner, reducer, diluent, or other non-solids-
containing material, j, applied on never-controlled work stations, in a
month, kg.
    (20) Mci = the sum of the mass of solids-containing
material, i, applied on intermittently-controllable work stations
operating in controlled mode and the mass of solids-containing material,
i, applied on always-controlled work stations, in a month, kg.
    (21) Mcj = the sum of the mass of solvent, thinner,
reducer, diluent, or other non-solids-containing material, j, applied on
intermittently-controllable

[[Page 338]]

work stations operating in controlled mode and the mass of solvent,
thinner, reducer, diluent, or other non-solids-containing material, j,
applied on always-controlled work stations in a month, kg.
    (22) [Reserved]
    (23) Mfi = the organic volatile matter mass flow rate at
the inlet to the control device, kg/h.
    (24) Mfo = the organic volatile matter mass flow rate at
the outlet of the control device, kg/h.
    (25) Mhu = the mass of organic HAP used in a month, kg.
    (26) Mi = the mass of ink or other material, i, applied
in a month, kg.
    (27) Mij = the mass of solvent, thinner, reducer,
diluent, or other non-solids-containing material, j, added to solids-
containing material, i, in a month, kg.
    (28) Mj = the mass of solvent, thinner, reducer, diluent,
or other non-solids-containing material, j, applied in a month, kg.
    (29) MLj = the mass of solvent, thinner, reducer,
diluent, or other non-solids-containing material, j, added to solids-
containing materials which were applied at less than 20 weight-percent
solids content, on an as-applied basis, in a month, kg.
    (30) Mvr = the mass of volatile matter recovered in a
month, kg.
    (31) Mvu = the mass of volatile matter, including water,
used in a month, kg.
    (32) [Reserved]
    (33) n=the number of organic compounds in the vent gas.
    (34) p=the number of different inks, coatings, varnishes, adhesives,
primers, and other materials applied in a month.
    (35) q=the number of different solvents, thinners, reducers,
diluents, or other non-solids-containing materials applied in a month.
    (36) [Reserved]
    (37) R=the overall organic HAP control efficiency, percent.
    (38) Re = the overall effective organic HAP control
efficiency for publication rotogravure, percent.
    (39) Rv = the organic volatile matter collection and
recovery efficiency, percent.
    (40) S=the mass organic HAP emission rate per mass of material
applied, kg/kg.
    (41) 0.0416=conversion factor for molar volume, kg-mol/m\3\(@ 293 K
and 760 mmHg).

[61 FR 27140, May 30, 1996, as amended at 71 FR 29800, May 24, 2006; 76
FR 22598, Apr. 21, 2011]



Sec. 63.823  Standards: General.

    (a) Table 1 to this subpart provides cross references to the 40 CFR
part 63, subpart A, general provisions, indicating the applicability of
the general provisions requirements to this subpart KK.
    (b) Each owner or operator of an affected source subject to this
subpart must at all times operate and maintain that 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.

[76 FR 22598, Apr. 21, 2011]



Sec. 63.824  Standards: Publication rotogravure printing.

    (a) Each owner or operator of any publication rotogravure printing
affected source that is subject to the requirements of this subpart
shall comply with these requirements on and after the compliance dates
as specified in Sec. 63.826 of this subpart.
    (b) Each publication rotogravure affected source shall limit
emissions of organic HAP to no more than eight percent of the total
volatile matter used each month. The emission limitation may be achieved
by overall control of at least 92 percent of organic HAP used, by
substitution of non-HAP materials for organic HAP, or by a combination
of capture and control technologies and substitution of materials. To
demonstrate compliance, each

[[Page 339]]

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


For the purposes of this calculation, the mass fraction of organic HAP
present in the recovered volatile matter is assumed to be equal to the
mass fraction of organic HAP present in the volatile matter used.
    (G) The affected source is in compliance for the month, if
Re is at least 92 percent each month.
    (ii) Use continuous emission monitors, conduct an initial
performance test of capture efficiency, and continuously monitor a site
specific operating parameter to assure capture efficiency as specified
in paragraphs (b)(1)(ii)(A) through (b)(1)(ii)(E) of this section:
    (A) Install continuous emission monitors to collect the data
necessary to calculate the total organic volatile matter mass flow in
the gas stream entering and the total organic volatile matter mass flow
in the gas stream exiting the solvent recovery device for each month
such that the percent control efficiency (E) of the solvent recovery
device can be calculated for the month. This requires continuous
emission monitoring of the total organic volatile matter concentration
in the gas stream entering the solvent recovery device, the total
organic volatile matter concentration in the gas stream exiting the
solvent recovery device, and the volumetric gas flow rate through the
solvent recovery device. A single continuous volumetric gas flow
measurement should be sufficient for a solvent recovery device since the
inlet and outlet volumetric gas flow rates for a solvent recovery device
are essentially equal. Each month's individual inlet concentration
values and corresponding individual gas flow rate values are multiplied
and then summed to get the total organic volatile matter mass flow in
the gas stream entering the solvent recovery device for the month. Each
month's individual outlet

[[Page 340]]

concentration values and corresponding individual gas flow rate values
are multiplied and then summed to get the total organic volatile matter
mass flow in the gas stream exiting the solvent recovery device for the
month.
    (B) Determine the percent capture efficiency (F) of the capture
system according to Sec. 63.827(e).
    (C) Calculate the overall effective organic HAP control efficiency
(Re) achieved for each month using Equation 2.
[GRAPHIC] [TIFF OMITTED] TR30MY96.001

    (D) Install, calibrate, operate and maintain the instrumentation
necessary to measure continuously the site-specific operating parameter
established in accordance with Sec. 63.828(a)(5) whenever a publication
rotogravure printing press is operated.
    (E) The affected source is in compliance with the requirement for
the month if Re is at least 92 percent, and the capture
device is operated at an average value greater than, or less than (as
appropriate) the operating parameter value established in accordance
with Sec. 63.828(a)(5) for each three-hour period.
    (2) Each owner or operator using an oxidizer to control emissions
shall demonstrate compliance by showing that the HAP emission limitation
is achieved by following the procedure in either paragraph (b)(2)(i) or
(b)(2)(ii) of this section:
    (i) Demonstrate initial compliance through performance tests and
continuing compliance through continuous monitoring as follows:
    (A) Determine the oxidizer destruction efficiency (E) using the
procedure in Sec. 63.827(d).
    (B) Determine the capture efficiency (F) using the procedure in
Sec. 63.827(e).
    (C) [Reserved]
    (D) Calculate the overall effective organic HAP control efficiency
(Re) achieved using Equation 2.
    (E) The affected source is in initial compliance if Re is
at least 92 percent. Demonstration of continuing compliance is achieved
by continuous monitoring of an appropriate oxidizer operating parameter
in accordance with Sec. 63.828(a)(4), and by continuous monitoring of an
appropriate capture system monitoring parameter in accordance with
Sec. 63.828(a)(5). The affected source is in continuing compliance if
the capture device is operated at an average value greater than or less
than (as appropriate) the operating parameter value established in
accordance with Sec. 63.828(a)(5), and
    (1) if an oxidizer other than a catalytic oxidizer is used, the
average combustion temperature for all three-hour periods is greater
than or equal to the average combustion temperature established under
Sec. 63.827(d), or
    (2) if a catalytic oxidizer is used, the average catalyst bed inlet
temperature for all three-hour periods is greater than or equal to the
average catalyst bed inlet temperature established in accordance with
Sec. 63.827(d).
    (ii) Use continuous emission monitors, conduct an initial
performance test of capture efficiency, and continuously monitor a site
specific operating parameter to assure capture efficiency. The percent
control efficiency of the oxidizer shall be demonstrated in accordance
with the requirements of paragraph (b)(1)(ii) of this section except
that separate continuous measurements of the inlet volumetric gas flow
rate and the outlet volumetric gas flow rate are required for an
oxidizer.
    (3) To demonstrate compliance without the use of a control device,
each owner or operator shall compare the mass of organic HAP used to the
mass of volatile matter used each month, as specified in paragraphs
(b)(3)(i) through (b)(3)(iv) of this section:
    (i) Measure the mass of each ink, coating, varnish, adhesive,
primer, solvent, and other material used in the affected source during
the month.

[[Page 341]]

    (ii) Determine the organic HAP content of each ink, coating,
varnish, adhesive, primer, solvent, and other material used during the
month following the procedure in Sec. 63.827(b)(1), and
    (iii) Determine the volatile matter content, including water, of
each ink, coating, varnish, adhesive, primer, solvent, and other
material used during the month following the procedure in
Sec. 63.827(c)(1).
    (iv) The affected source is in compliance for the month if the mass
of organic HAP used does not exceed eight percent of the mass of
volatile matter used.

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



Sec. 63.825  Standards: Product and packaging rotogravure and wide-web
flexographic printing.

    (a) Each owner or operator of any product and packaging rotogravure
or wide-web flexographic printing affected source that is subject to the
requirements of this subpart shall comply with these requirements on and
after the compliance dates as specified in Sec. 63.826 of this subpart.
    (b) Each product and packaging rotogravure or wide-web flexographic
printing affected source shall limit organic HAP emissions to no more
than 5 percent of the organic HAP applied for the month; or to no more
than 4 percent of the mass of inks, coatings, varnishes, adhesives,
primers, solvents, reducers, thinners, and other materials applied for
the month; or to no more than 20 percent of the mass of solids applied
for the month; or to a calculated equivalent allowable mass based on the
organic HAP and solids contents of the inks, coatings, varnishes,
adhesives, primers, solvents, reducers, thinners, and other materials
applied for the month. The owner or operator of each product and
packaging rotogravure or wide-web flexographic printing affected source
shall demonstrate compliance with this standard by following one of the
procedures in paragraphs (b)(1) through (b)(10) of this section:
    (1) Demonstrate that each ink, coating, varnish, adhesive, primer,
solvent, diluent, reducer, thinner, and other material applied during
the month contains no more than 0.04 weight-fraction organic HAP, on an
as-purchased basis, as determined in accordance with Sec. 63.827(b)(2).
    (2) Demonstrate that each ink, coating, varnish, adhesive, primer,
and other solids-containing material applied during the month contains
no more than 0.04 weight-fraction organic HAP, on a monthly average as-
applied basis as determined in accordance with paragraphs (b)(2)(i)-(ii)
of this section. The owner or operator shall calculate the as-applied
HAP content of materials which are reduced, thinned, or diluted prior to
application, as follows:
    (i) Determine the organic HAP content of each ink, coating, varnish,
adhesive, primer, solvent, diluent, reducer, thinner, and other material
applied on an as-purchased basis in accordance with Sec. 63.827(b)(2).
    (ii) Calculate the monthly average as-applied organic HAP content,
Cahi of each ink, coating, varnish, adhesive, primer, and
other solids-containing material using Equation 3.
[GRAPHIC] [TIFF OMITTED] TR30MY96.002

    (3)(i) Demonstrate that each ink, coating, varnish, adhesive,
primer, and other solids-containing material applied, either
    (A) Contains no more than 0.04 weight-fraction organic HAP on a
monthly average as-applied basis, or
    (B) Contains no more than 0.20 kg of organic HAP per kg of solids
applied, on a monthly average as-applied basis.
    (ii) The owner or operator may demonstrate compliance in accordance
with paragraphs (b)(3)(ii) (A)-(C) of this section.
    (A) Use the procedures of paragraph (b)(2) of this section to
determine which materials meet the requirements of paragraph
(b)(3)(i)(A) of this section,
    (B) Determine the as-applied solids content following the procedure
in Sec. 63.827(c)(2) of all materials which do not meet the requirements
of paragraph (b)(3)(i)(A) of this section. The owner or operator may
calculate the

[[Page 342]]

monthly average as-applied solids content of materials which are
reduced, thinned, or diluted prior to application, using Equation 4, and
[GRAPHIC] [TIFF OMITTED] TR30MY96.003

    (C) Calculate the as-applied organic HAP to solids ratio,
Hsi, for all materials which do not meet the requirements of
paragraph (b)(3)(i)(A) of this section, using Equation 5.
[GRAPHIC] [TIFF OMITTED] TR30MY96.004

    (4) Demonstrate that the monthly average as-applied organic HAP
content, HL, of all materials applied is less than 0.04 kg
HAP per kg of material applied, as determined by Equation 6.
[GRAPHIC] [TIFF OMITTED] TR30MY96.005

    (5) Demonstrate that the monthly average as-applied organic HAP
content on the basis of solids applied, Hs, is less than 0.20
kg HAP per kg solids applied as determined by Equation 7.
[GRAPHIC] [TIFF OMITTED] TR30MY96.006

    (6) Demonstrate that the total monthly organic HAP applied,
Happ, as determined by Equation 8, is less than the
calculated equivalent allowable organic HAP, Ha, as
determined by paragraph (e) of this section.
[GRAPHIC] [TIFF OMITTED] TR24MY06.002

Where:

Happ = Total monthly organic HAP applied, kg.

    (7) Operate a capture system and control device and demonstrate an
overall organic HAP control efficiency of at least 95 percent for each
month. If the affected source operates more than one capture system or
more than one control device, and has only always-controlled work
stations, then the owner or operator shall demonstrate compliance in
accordance with the provisions of either paragraph (f) or (h) of this
section. If the affected source operates one or more never-controlled
work stations or one or more intermittently-controllable work stations,
then the owner or operator shall demonstrate compliance in accordance
with the provisions of paragraph (f) of this section. Otherwise, the
owner or operator shall demonstrate compliance in accordance with the
procedure in paragraph (c) of this section when emissions from the
affected source are controlled by a solvent recovery device or the
procedure in paragraph (d) of this section when emissions are controlled
by an oxidizer.
    (8) Operate a capture system and control device and limit the
organic HAP emission rate to no more than 0.20 kg organic HAP emitted
per kg solids applied as determined on a monthly average as-applied
basis. If the affected source operates more than one capture system,
more than one control device, one or more never-controlled work
stations, or one or more intermittently-controllable work stations, then
the owner or operator shall demonstrate compliance in accordance with
the provisions of paragraph (f) of this section. Otherwise, the owner or
operator shall demonstrate compliance following the procedure in
paragraph (c) of this section when emissions from the affected source
are controlled by a solvent recovery device or the procedure in
paragraph (d) of this section when emissions are controlled by an
oxidizer.
    (9) Operate a capture system and control device and limit the
organic HAP emission rate to no more than 0.04 kg organic HAP emitted
per kg material applied as determined on a monthly average as-applied
basis. If the affected source operates more than one capture system,
more than one control device, one or more never-controlled work
stations, or one or more intermittently-controllable work stations, then
the

[[Page 343]]

owner or operator shall demonstrate compliance in accordance with the
provisions of paragraph (f) of this section. Otherwise, the owner or
operator shall demonstrate compliance following the procedure in
paragraph (c) of this section when emissions from the affected source
are controlled by a solvent recovery device or the procedure in
paragraph (d) of this section when emissions are controlled by an
oxidizer.
    (10) Operate a capture system and control device and limit the
monthly organic HAP emissions to less than the allowable emissions as
calculated in accordance with paragraph (e) of this section. If the
affected source operates more than one capture system, more than one
control device, one or more never-controlled work stations, or one or
more intermittently-controllable work stations, then the owner or
operator shall demonstrate compliance in accordance with the provisions
of paragraph (f) of this section. Otherwise, the owner or operator shall
demonstrate compliance following the procedure in paragraph (c) of this
section when emissions from the affected source are controlled by a
solvent recovery device or the procedure in paragraph (d) of this
section when emissions are controlled by an oxidizer.
    (c) To demonstrate compliance with the overall organic HAP control
efficiency requirement in Sec. 63.825(b)(7) or the organic HAP emissions
limitation requirements in Sec. 63.825(b)(8)-(10), each owner or
operator using a solvent recovery device to control emissions shall show
compliance by following the procedures in either paragraph (c)(1) or
(c)(2) of this section:
    (1) Perform a liquid-liquid material balance for each and every
month as follows:
    (i) Measure the mass of each ink, coating, varnish, adhesive,
primer, solvent and other material applied on the press or group of
presses controlled by a common solvent recovery device during the month.
    (ii) If demonstrating compliance on the basis of organic HAP
emission rate based on solids applied, organic HAP emission rate based
on material applied or emission of less than the calculated allowable
organic HAP, determine the organic HAP content of each ink, coating,
varnish, adhesive, primer, solvent, and other material applied during
the month following the procedure in Sec. 63.827(b)(2).
    (iii) Determine the volatile matter content of each ink, coating,
varnish, adhesive, primer, solvent, and other material applied during
the month following the procedure in Sec. 63.827(c)(2).
    (iv) If demonstrating compliance on the basis of organic HAP
emission rate based on solids applied or emission of less than the
calculated allowable organic HAP, determine the solids content of each
ink, coating, varnish, adhesive, primer, solvent, and other material
applied during the month following the procedure in Sec. 63.827(c)(2).
    (v) Install, calibrate, maintain, and operate according to the
manufacturer's specifications, a device that indicates the cumulative
amount of volatile matter recovered by the solvent recovery device on a
monthly basis. The device shall be initially certified by the
manufacturer to be accurate to within 2.0 percent.
    (vi) Measure the amount of volatile matter recovered for the month.
    (vii) Calculate the volatile matter collection and recovery
efficiency, Rv, using Equation 9.
[GRAPHIC] [TIFF OMITTED] TR30MY96.008

    (viii) If demonstrating compliance on the basis of organic HAP
emission rate based on solids applied, organic HAP emission rate based
on material applied or emission of less than the calculated allowable
organic HAP, calculate the organic HAP emitted during the month, H,
using Equation 10.

[[Page 344]]

[GRAPHIC] [TIFF OMITTED] TR30MY96.009

    (ix) If demonstrating compliance on the basis of organic HAP
emission rate based on solids applied, calculate the organic HAP
emission rate based on solids applied, L, using Equation 11.
[GRAPHIC] [TIFF OMITTED] TR30MY96.010

    (x) If demonstrating compliance on the basis of organic HAP emission
rate based on materials applied, calculate the organic HAP emission rate
based on material applied, S, using Equation 12.
[GRAPHIC] [TIFF OMITTED] TR30MY96.011

    (xi) The affected source is in compliance if
    (A) The organic volatile matter collection and recovery efficiency,
Rv, is 95 percent or greater, or
    (B) The organic HAP emission rate based on solids applied, L, is
0.20 kg organic HAP per kg solids applied or less, or
    (C) the organic HAP emission rate based on material applied, S, is
0.04 kg organic HAP per kg material applied or less, or
    (D) the organic HAP emitted during the month, H, is less than the
calculated allowable organic HAP, Ha, as determined using
paragraph (e) of this section.
    (2) Use continuous emission monitors, conduct an initial performance
test of capture efficiency, and continuously monitor a site specific
operating parameter to assure capture efficiency following the
procedures in paragraphs (c)(2)(i) through (c)(2)(xi) of this section:
    (i) If demonstrating compliance on the basis of organic HAP emission
rate based on solids applied, organic HAP emission rate based on
materials applied, or emission of less than the calculated allowable
organic HAP, measure the mass of each ink, coating, varnish, adhesive,
primer, solvent, and other material applied on the press or group of
presses controlled by a common control device during the month.
    (ii) If demonstrating compliance on the basis of organic HAP
emission rate based on solids applied, organic HAP emission rate based
on material applied or emission of less than the calculated allowable
organic HAP, determine the organic HAP content of each ink, coating,
varnish, adhesive, primer, solvent, and other material applied during
the month following the procedure in Sec. 63.827(b)(2).
    (iii) Install continuous emission monitors to collect the data
necessary to calculate the total organic volatile matter mass flow in
the gas stream entering and the total organic volatile mass flow in the
gas stream exiting the solvent recovery device for each month such that
the percent control efficiency (E) of the solvent recovery device can be
calculated for the month. This requires continuous emission monitoring
of the total organic volatile matter concentration in the gas stream
entering the solvent recovery device, the total organic volatile matter
concentration in the gas stream exiting the solvent recovery device, and
the volumetric gas flow rate through the solvent recovery device. A
single continuous volumetric gas flow measurement should be sufficient
for a solvent recovery device since the inlet and outlet volumetric gas
flow rates for a solvent recovery device are essentially equal. Each
month's individual inlet concentration values and corresponding
individual gas flow rate values are multiplied and then summed to get
the total organic volatile matter mass flow in the gas stream entering
the solvent recovery device for the month. Each month's individual
outlet

[[Page 345]]

concentration values and corresponding individual gas flow rate values
are multiplied and then summed to get the total organic volatile matter
mass flow in the gas stream exiting the solvent recovery device for the
month.
    (iv) If demonstrating compliance on the basis of organic HAP
emission rate based on solids applied or emission of less than the
calculated allowable organic HAP, determine the solids content of each
ink, coating, varnish, adhesive, primer, solvent, and other material
applied during the month following the procedure in Sec. 63.827(c)(2).
    (v) Install, calibrate, operate and maintain the instrumentation
necessary to measure continuously the site-specific operating parameter
established in accordance with Sec. 63.828(a)(5) whenever a product and
packaging rotogravure or wide-web flexographic printing press is
operated.
    (vi) Determine the capture efficiency (F) in accordance with
Sec. 63.827(e)-(f).
    (vii) Calculate the overall organic HAP control efficiency, (R),
achieved for each month using Equation 13.
[GRAPHIC] [TIFF OMITTED] TR30MY96.012

    (viii) If demonstrating compliance on the basis of organic HAP
emission rate based on solids applied, organic HAP emission rate based
on material applied or emission of less than the calculated allowable
organic HAP, calculate the organic HAP emitted during the month, H, for
each month using Equation 14.
[GRAPHIC] [TIFF OMITTED] TR30MY96.013

    (ix) If demonstrating compliance on the basis of organic HAP
emission rate based on solids applied, calculate the organic HAP
emission rate based on solids applied, L, using Equation 15.
[GRAPHIC] [TIFF OMITTED] TR30MY96.014

    (x) If demonstrating compliance on the basis of organic HAP emission
rate based on materials applied, calculate the organic HAP emission rate
based on material applied, S, using Equation 16.
[GRAPHIC] [TIFF OMITTED] TR30MY96.015

    (xi) The affected source is in compliance if the capture system
operating parameter is operated at an average value greater than or less
than (as appropriate) the operating parameter value established in
accordance with Sec. 63.828(a)(5) for each three hour period, and
    (A) The organic volatile matter collection and recovery efficiency,
Rv, is 95 percent or greater, or
    (B) The organic HAP emission rate based on solids applied, L, is
0.20 kg organic HAP per kg solids applied or less, or
    (C) The organic HAP emission rate based on material applied, S, is
0.04 kg organic HAP per kg material applied or less, or
    (D) The organic HAP emitted during the month, H, is less than the
calculated allowable organic HAP, Ha, as determined using
paragraph (e) of this section.
    (d) To demonstrate compliance with the overall organic HAP control
efficiency requirement in Sec. 63.825(b)(7) or the overall organic HAP
emission rate limitation requirements in Sec. 63.825(b)(8)-(10), each
owner or operator using an oxidizer to control emissions shall show
compliance by following the procedures in either paragraph (d)(1) or
(d)(2) of this section:

[[Page 346]]

    (1) Demonstrate initial compliance through performance tests of
capture efficiency and control device efficiency and continuing
compliance through continuous monitoring of capture system and control
device operating parameters following the procedures in paragraph
(d)(1)(i) through (d)(1)(xi) of this section:
    (i) Determine the oxidizer destruction efficiency (E) using the
procedure in Sec. 63.827(d).
    (ii) Determine the capture system capture efficiency (F) in
accordance with Sec. 63.827(e)-(f).
    (iii) Calculate the overall organic HAP control efficiency, (R),
achieved using Equation 13.
    (iv) If demonstrating compliance on the basis of organic HAP
emission rate based on solids applied, organic HAP emission rate based
on materials applied, or emission of less than the calculated allowable
organic HAP, measure the mass of each ink, coating, varnish, adhesive,
primer, solvent, and other material applied on the press or group of
presses controlled by a common control device during the month.
    (v) If demonstrating compliance on the basis of organic HAP emission
rate based on solids applied, organic HAP emission rate based on
material applied or emission of less than the calculated allowable
organic HAP, determine the organic HAP content of each ink, coating,
varnish, adhesive, primer, solvent, and other material applied during
the month following the procedure in Sec. 63.827(b)(2).
    (vi) If demonstrating compliance on the basis of organic HAP
emission rate based on solids applied or emission of less than the
calculated allowable organic HAP, determine the solids content of each
ink, coating, varnish, adhesive, primer, solvent, and other material
applied during the month following the procedure in Sec. 63.827(c)(2).
    (vii) If demonstrating compliance on the basis of organic HAP
emission rate based on solids applied, organic HAP emission rate based
on material applied or emission of less than the calculated allowable
organic HAP, calculate the organic HAP emitted during the month, H, for
each month using Equation 14.
    (viii) If demonstrating compliance on the basis of organic HAP
emission rate based on solids applied, calculate the organic HAP
emission rate based on solids applied, L, for each month using Equation
15.
    (ix) If demonstrating compliance on the basis of organic HAP
emission rate based on materials applied, calculate the organic HAP
emission rate based on material applied, S, using Equation 16.
    (x) Install, calibrate, operate and maintain the instrumentation
necessary to measure continuously the site-specific operating parameters
established in accordance with Sec. 63.828(a)(4)-(5) whenever a product
and packaging rotogravure or wide-web flexographic press is operating.
    (xi) The affected source is in compliance, if the oxidizer is
operated such that the average operating parameter value is greater than
the operating parameter value established in accordance with
Sec. 63.828(a)(4) for each three-hour period, and the capture system
operating parameter is operated at an average value greater than or less
than (as appropriate) the operating parameter value established in
accordance with Sec. 63.828(a)(5) for each three hour period, and
    (A) The overall organic HAP control efficiency, R, is 95 percent or
greater, or
    (B) The organic HAP emission rate based on solids applied, L, is
0.20 kg organic HAP per kg solids applied or less, or
    (C) The organic HAP emission rate based on material applied, S, is
0.04 kg organic HAP per kg material applied or less, or
    (D) The organic HAP emitted during the month, H, is less than the
calculated allowable organic HAP, Ha, as determined using
paragraph (e) of this section.
    (2) Use continuous emission monitors, conduct an initial performance
test of capture efficiency, and continuously monitor a site specific
operating parameter to assure capture efficiency. The percent control
efficiency of the oxidizer shall be demonstrated in accordance with the
requirements of paragraph (c)(2) of this section except that separate
continuous volumetric

[[Page 347]]

gas flow measurements of the inlet and outlet volumetric gas flow rates
are required for an oxidizer.
    (e) Owners or operators may calculate the monthly allowable HAP
emissions, Ha, for demonstrating compliance in accordance
with paragraph (b)(6), (c)(1)(xi)(D), (c)(2)(xi)(D), or (d)(1)(xi)(D) of
this section as follows:
    (1) Determine the as-purchased mass of each ink, coating, varnish,
adhesive, primer, and other solids-containing material applied each
month, Mi.
    (2) Determine the as-purchased solids content of each ink, coating,
varnish, adhesive, primer, and other solids-containing material applied
each month, in accordance with Sec. 63.827(c)(2), Csi.
    (3) Determine the as-purchased mass fraction of each ink, coating,
varnish, adhesive, primer, and other solids-containing material which
was applied at 20 weight-percent or greater solids content, on an as-
applied basis, Gi.
    (4) Determine the total mass of each solvent, diluent, thinner, or
reducer added to materials which were applied at less than 20 weight-
percent solids content, on an as-applied basis, each month,
MLj.
    (5) Calculate the monthly allowable HAP emissions, Ha,
using Equation 17.
[GRAPHIC] [TIFF OMITTED] TR30MY96.016

    (f) Owners or operators of product and packaging rotogravure or
wide-web flexographic printing presses shall demonstrate compliance
according to the procedures in paragraphs (f)(1) through (f)(7) of this
section if the affected source operates more than one capture system,
more than one control device, one or more never-controlled work
stations, or one or more intermittently-controllable work stations.
    (1) The owner or operator of each solvent recovery system used to
control one or more product and packaging rotogravure or wide-web
flexographic presses for which the owner or operator chooses to comply
by means of a liquid-liquid mass balance shall determine the organic HAP
emissions for those presses controlled by that solvent recovery system
either
    (i) in accordance with paragraphs (c)(1)(i)-(iii) and (c)(1)(v)-
(viii) of this section if the presses controlled by that solvent
recovery system have only always-controlled work stations, or
    (ii) in accordance with paragraphs (c)(1)(ii)-(iii), (c)(1)(v)-(vi),
and (g) of this section if the presses controlled by that solvent
recovery system have one or more never-controlled or intermittently-
controllable work stations.
    (2) The owner or operator of each solvent recovery system used to
control one or more product and packaging rotogravure or wide-web
flexographic presses, for which the owner or operator chooses to comply
by means of an initial test of capture efficiency, continuous emission
monitoring of the control device, and continuous monitoring of a capture
system operating parameter, shall
    (i) For each capture system delivering emissions to that solvent
recovery system, monitor an operating parameter established in
accordance with Sec. 63.828(a)(5) to assure capture system efficiency,
and
    (ii) Determine the organic HAP emissions for those presses served by
each capture system delivering emissions to that solvent recovery system
either
    (A) In accordance with paragraphs (c)(2)(i)-(iii) and (c)(2)(v)-
(viii) of this section if the presses served by that capture system have
only always-controlled work stations, or
    (B) In accordance with paragraphs (c)(2)(ii)-(iii), (c)(2)(v)-(vii),
and (g) of this section if the presses served by that capture system
have one or more never-controlled or intermittently-controllable work
stations.
    (3) The owner or operator of each oxidizer used to control emissions
from one or more product and packaging rotogravure or wide-web
flexographic

[[Page 348]]

presses choosing to demonstrate compliance through performance tests of
capture efficiency and control device efficiency and continuing
compliance through continuous monitoring of capture system and control
device operating parameters, shall
    (i) Monitor an operating parameter established in accordance with
Sec. 63.828(a)(4) to assure control device efficiency, and
    (ii) For each capture system delivering emissions to that oxidizer,
monitor an operating parameter established in accordance with
Sec. 63.828(a)(5) to assure capture efficiency, and
    (iii) Determine the organic HAP emissions for those presses served
by each capture system delivering emissions to that oxidizer either
    (A) In accordance with paragraphs (d)(1)(i)-(v) and (d)(1)(vii) of
this section if the presses served by that capture system have only
always-controlled work stations, or
    (B) In accordance with paragraphs (d)(1)(i)-(iii), (d)(1)(v), and
(g) of this section if the presses served by that capture system have
one or more never-controlled or intermittently-controllable work
stations.
    (4) The owner or operator of each oxidizer used to control emissions
from one or more product and packaging rotogravure or wide-web
flexographic presses choosing to demonstrate compliance through an
initial capture efficiency test, continuous emission monitoring of the
control device and continuous monitoring of a capture system operating
parameter, shall
    (i) For each capture system delivering emissions to that oxidizer,
monitor an operating parameter established in accordance with
Sec. 63.828(a)(5) to assure capture efficiency, and
    (ii) Determine the organic HAP emissions for those presses served by
each capture system delivering emissions to that oxidizer either
    (A) In accordance with paragraphs (c)(2)(i)-(iii) and (c)(2)(v)-
(viii) of this section if the presses served by that capture system have
only always-controlled work stations, or
    (B) In accordance with paragraphs (c)(2)(ii)-(iii), (c)(2)(v)-(vii),
and (g) of this section if the presses served by that capture system
have one or more never-controlled or intermittently-controllable work
stations.
    (5) The owner or operator of one or more uncontrolled product and
packaging rotogravure or wide-web flexographic printing presses shall
determine the organic HAP applied on those presses using Equation 8. The
organic HAP emitted from an uncontrolled press is equal to the organic
HAP applied on that press.
    (6) If demonstrating compliance on the basis of organic HAP emission
rate based on solids applied or emission of less than the calculated
allowable organic HAP, the owner or operator shall determine the solids
content of each ink, coating, varnish, adhesive, primer, solvent and
other material applied during the month following the procedure in
Sec. 63.827(c)(2).
    (7) The owner or operator shall determine the organic HAP emissions
for the affected source for the month by summing all organic HAP
emissions calculated according to paragraphs (f)(1), (f)(2)(ii),
(f)(3)(iii), (f)(4)(ii), and (f)(5) of this section. The affected source
is in compliance for the month, if all operating parameters required to
be monitored under paragraphs (f)(2)-(4) of this section were maintained
at the appropriate values, and
    (i) The total mass of organic HAP emitted by the affected source was
not more than four percent of the total mass of inks, coatings,
varnishes, adhesives, primers, solvents, diluents, reducers, thinners
and other materials applied by the affected source, or
    (ii) The total mass of organic HAP emitted by the affected source
was not more than 20 percent of the total mass of solids applied by the
affected source, or
    (iii) The total mass of organic HAP emitted by the affected source
was not more than the equivalent allowable organic HAP emissions for the
affected source, Ha, calculated in accordance with paragraph
(e) of this section, or
    (iv) The total mass of organic HAP emitted by the affected source
was not more than five percent of the total mass of organic HAP applied
by the affected source. The total mass of organic HAP applied by the
affected

[[Page 349]]

source in the month shall be determined by the owner or operator using
Equation 8.
    (g) Owners or operators determining organic HAP emissions from a
press or group of presses having one or more never-controlled or
intermittently-controllable work stations and using the procedures
specified in paragraphs (f)(1)(ii), (f)(2)(ii)(B), (f)(3)(iii)(B), or
(f)(4)(ii)(B) of this section shall for that press or group of presses:
    (1) Determine the sum of the mass of all inks, coatings, varnishes,
adhesives, primers, and other solids-containing materials which are
applied on intermittently-controllable work stations in bypass mode and
the mass of all inks, coatings, varnishes, adhesives, primers, and other
solids-containing materials which are applied on never-controlled work
stations during the month, MBi.
    (2) Determine the sum of the mass of all solvents, reducers,
thinners, and other diluents which are applied on intermittently-
controllable work stations in bypass mode and the mass of all solvents,
reducers, thinners, and other diluents which are applied on never-
controlled work stations during the month, MBj.
    (3) Determine the sum of the mass of all inks, coatings, varnishes,
adhesives, primers, and other solids-containing materials which are
applied on intermittently-controllable work stations in controlled mode
and the mass of all inks, coatings, varnishes, adhesives, primers, and
other solids-containing materials which are applied on always-controlled
work stations during the month, MBj.
    (4) Determine the sum of the mass of all solvents, reducers,
thinners, and other diluents which are applied on intermittently-
controllable work stations in controlled mode and the mass of all
solvents, reducers, thinners, and other diluents which are applied on
always-controlled work stations during the month, MCj.
    (5) For each press or group of presses for which the owner or
operator uses the provisions of paragraph (f)(1)(ii) of this section,
the owner or operator shall calculate the organic HAP emitted during the
month using Equation 18.
[GRAPHIC] [TIFF OMITTED] TR30MY96.017

    (6) For each press or group of presses for which the owner or
operator uses the provisions of paragraphs (f)(2)(ii)(B),
(f)(3)(iii)(B), or (f)(4)(ii)(B) of this section, the owner or operator
shall calculate the organic HAP emitted during the month using Equation
(19).
[GRAPHIC] [TIFF OMITTED] TR30MY96.018

    (h) If the affected source operates more than one capture system or
more than one control device, and has no never-controlled work stations
and no intermittently-controllable work stations, then the affected
source is in compliance with the 95 percent overall organic HAP control
efficiency requirement for the month if for each press or

[[Page 350]]

group of presses controlled by a common control device:
    (1) The volatile matter collection and recovery efficiency,
Rv, as determined by paragraphs (c)(1)(i), (c)(1)(iii), and
(c)(1)(v)-(vii) of this section is equal to or greater than 95 percent,
or
    (2) The overall organic HAP control efficiency as determined by
paragraphs (c)(2)(iii) and (c)(2)(v)-(vii) of this section for each
press or group of presses served by that control device and a common
capture system is equal to or greater than 95 percent and the average
capture system operating parameter value for each capture system serving
that control device is greater than or less than (as appropriate) the
operating parameter value established for that capture system in
accordance with Sec. 63.828(a)(5) for each three hour period, or
    (3) The overall organic HAP control efficiency as determined by
paragraphs (d)(1)(i)-(iii) and (d)(1)(x) of this section for each press
or group of presses served by that control device and a common capture
system is equal to or greater than 95 percent, the oxidizer is operated
such that the average operating parameter value is greater than the
operating parameter value established in accordance with
Sec. 63.828(a)(4) for each three hour period, and the average capture
system operating parameter value for each capture system serving that
control device is greater than or less than (as appropriate) the
operating parameter value established for that capture system in
accordance with Sec. 63.828(a)(5) for each three hour period.

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



Sec. 63.826  Compliance dates.

    (a) The compliance date for an owner or operator of an existing
affected source subject to the provisions of this subpart is May 30,
1999.
    (b) The compliance date for an owner or operator of a new affected
source subject to the provisions of this subpart is immediately upon
start-up of the affected source, or May 30, 1996, whichever is later.
    (c) Affected sources which have undergone reconstruction are subject
to the requirements for new affected sources. The costs associated with
the purchase and installation of air pollution control equipment are not
considered in determining whether the affected source has been
reconstructed. Additionally, the costs of retrofitting and replacement
of equipment that is installed specifically to comply with this subpart
are not considered reconstruction costs.



Sec. 63.827  Performance test methods.

    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.
    (a) An owner or operator using a control device to comply with the
requirements of Secs. 63.824-63.825 is not required to conduct an
initial performance test to demonstrate compliance if one or more of the
criteria in paragraphs (a)(1) through (a)(3) of this section are met:
    (1) A control device that is in operation prior to May 30, 1996,
does not need to be tested if
    (i) It is equipped with continuous emission monitors for determining
total organic volatile matter concentration and the volumetric gas flow
rate, and capture efficiency has been determined in accordance with the
requirements of this subpart, such that an overall organic HAP control
efficiency can be calculated, and
    (ii) The continuous emission monitors are used to demonstrate
continuous compliance in accordance with Sec. 63.824(b)(1)(ii),
Sec. 63.825(b)(2)(ii), Sec. 63.825(c)(2), or Sec. 63.825(d)(2), as
applicable, and Sec. 63.828, or
    (2) The owner or operator has met the requirements of either
Sec. 63.7(e)(2)(iv) or Sec. 63.7(h), or
    (3) The control device is a solvent recovery system and the owner or
operator chooses to comply by means of a monthly liquid-liquid material
balance.
    (b) Determination of the weight fraction organic HAP of inks,
coatings, varnishes, adhesives, primers, solvents,

[[Page 351]]

thinners, reducers, diluents, and other materials used by a publication
rotogravure affected source shall be conducted according to paragraph
(b)(1) of this section. Determination of the weight fraction organic HAP
of inks, coatings, varnishes, adhesives, primers, solvents, thinners,
reducers, diluents, and other materials applied by a product and
packaging rotogravure or wide-web flexographic printing affected source
shall be conducted according to paragraph (b)(2) of this section. If the
weight fraction organic HAP values are not determined using the
procedures in paragraphs (b)(1) or (b)(2) of this section, the owner or
operator must submit an alternative test method for determining their
values for approval by the Administrator in accordance with
Sec. 63.7(f). The recovery efficiency of the test method must be
determined for all of the target organic HAP and a correction factor, if
necessary, must be determined and applied.
    (1) Each owner or operator of a publication rotogravure affected
source shall determine the weight fraction organic HAP of each ink,
coating, varnish, adhesive, primer, solvent, and other material used by
following one of the procedures in paragraphs (b)(1)(i) through (iii) of
this section:
    (i) The owner or operator may test the material in accordance with
Method 311 of appendix A of this part. The Method 311 determination may
be performed by the owner or operator of the affected source, the
supplier of the material, or an independent third party. The organic HAP
content determined by Method 311 must be calculated according to the
criteria and procedures in paragraphs (b)(1)(i)(A) through (C) of this
section.
    (A) Include each organic HAP determined to be present at greater
than or equal to 0.1 weight percent for Occupational Safety and Health
Administration (OSHA)-defined carcinogens as specified in 29 CFR
1910.1200(d)(4) and greater than or equal to 1.0 weight percent for
other organic HAP compounds.
    (B) Express the weight fraction of each organic HAP included
according to paragraph (b)(1)(i)(A) of this section as a value truncated
to four places after the decimal point (for example, 0.3791).
    (C) Calculate the total weight fraction of organic HAP in the tested
material by summing the weight fraction of each organic HAP included
according to paragraph (b)(1)(i)(A) of this section and truncating the
result to three places after the decimal point (for example, 0.763).
    (ii) The owner or operator may determine the weight fraction
volatile matter of the material in accordance with Sec. 63.827(c)(1) and
use this value for the weight fraction organic HAP for all compliance
purposes.
    (iii) The owner or operator may use formulation data to determine
the weight fraction organic HAP of a material. Formulation data may be
provided to the owner or operator on a CPDS by the supplier of the
material or an independent third party. Formulation data may be used
provided that the weight fraction organic HAP is calculated according to
the criteria and procedures in paragraphs (b)(1)(iii)(A) through (D) of
this section. In the event of an inconsistency between the formulation
data and the result of Method 311 of appendix A of this part, where the
test result is higher, the Method 311 data will take precedence unless,
after consultation, the owner or operator can demonstrate to the
satisfaction of the enforcement agency that the formulation data are
correct.
    (A) For each raw material used in making the material, include each
organic HAP present in that raw material at greater than or equal to 0.1
weight percent for OSHA-defined carcinogens as specified in 29 CFR
1910.1200(d)(4) and greater than or equal to 1.0 weight percent for
other organic HAP compounds. The weight fraction of each such organic
HAP in each raw material must be determined by Method 311 of appendix A
of this part, by an alternate method approved by the Administrator, or
from a CPDS provided by the raw material supplier or an independent
third party. The weight fraction of each such organic HAP in each raw
material must be expressed as a value truncated to four places after the
decimal point (for example, 0.1291).
    (B) For each raw material used in making the material, the weight
fraction contribution of each organic HAP,

[[Page 352]]

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

[[Page 353]]

alternate method approved by the Administrator, or from a CPDS provided
by the raw material supplier or an independent third party. The weight
fraction of each such organic HAP in each raw material must be expressed
as a value truncated to four places after the decimal point (for
example, 0.1291).
    (B) For each raw material used in making the material, the weight
fraction contribution of each organic HAP, which is included according
to paragraph (b)(2)(iii)(A) of this section, in that raw material to the
weight fraction organic HAP of the material is calculated by multiplying
the weight fraction, truncated to four places after the decimal point
(for example, 0.1291), of that organic HAP in that raw material times
the weight fraction of that raw material, truncated to four places after
the decimal point (for example, 0.2246), in the material. The product of
each such multiplication is truncated to four places after the decimal
point (for example, 0.1291 times 0.2246 yields 0.02899586 which
truncates to 0.0289).
    (C) For each organic HAP which is included according to paragraph
(b)(2)(iii)(A) of this section, the total weight fraction of that
organic HAP in the material is calculated by adding the weight fraction
contribution of that organic HAP from each raw material in which that
organic HAP is included according to paragraph (b)(2)(iii)(A) of this
section. The sum of each such addition must be expressed to four places
after the decimal point.
    (D) The total weight fraction of organic HAP in the material is the
sum of the counted individual organic HAP weight fractions. This sum is
to be truncated to three places after the decimal point (for example,
0.763).
    (c) Determination of the weight fraction volatile matter content of
inks, coatings, varnishes, adhesives, primers, solvents, reducers,
thinners, diluents, and other materials used by a publication
rotogravure affected source shall be conducted according to paragraph
(c)(1) of this section. Determination of the weight fraction volatile
matter content and weight fraction solids content of inks, coatings,
varnishes, adhesives, primers, solvents, reducers, thinners, diluents,
and other materials applied by a product and packaging rotogravure or
wide-web flexographic printing affected source shall be conducted
according to paragraph (c)(2) of this section.
    (1) Each owner or operator of a publication rotogravure affected
source shall determine the volatile matter weight fraction of each ink,
coating, varnish, adhesive, primer, solvent, reducer, thinner, diluent,
and other material used by following the procedures in paragraph
(b)(1)(i) of this section, or by using formulation data as described in
paragraph (c)(3) of this section.
    (i) Determine the volatile matter weight fraction of the material
using Method 24A of 40 CFR part 60, appendix A. The Method 24A
determination may be performed by the owner or operator of the affected
source, the supplier of the material, or an independent third party. The
Method 24A result shall be truncated to three places after the decimal
point (for example, 0.763). If these values cannot be determined using
Method 24A, the owner or operator shall submit an alternative technique
for determining their values for approval by the Administrator.
    (2) Each owner or operator of a product and packaging rotogravure or
wide-web flexographic printing affected source shall determine the
volatile matter weight fraction and solids weight fraction of each ink,
coating, varnish, adhesive, primer, solvent, reducer, thinner, diluent,
and other material applied by following the procedures in paragraphs
(b)(2)(i) and (ii) of this section, or by using formulation data as
described in paragraph (c)(3) of this section.
    (i) Determine the volatile matter weight fraction of the material
using Method 24 of 40 CFR part 60, appendix A. The Method 24
determination may be performed by the owner or operator of the affected
source, the supplier of the material, or an independent third party. The
Method 24 result shall be truncated to three places after the decimal
point (for example, 0.763). If these values cannot be determined using
Method 24, the owner or operator shall submit an alternative technique
for determining their values for approval by the Administrator.
    (ii) Calculate the solids weight fraction Method 24 result by
subtracting

[[Page 354]]

the volatile matter weight fraction Method 24 result from 1.000. This
calculation may be performed by the owner or operator, the supplier of
the material, or an independent third party.
    (3) The owner or operator may use formulation data to determine the
volatile matter weight fraction or solids weight fraction of a material.
Formulation data may be provided to the owner or operator on a CPDS by
the supplier of the material or an independent third party. The volatile
matter weight fraction and solids weight fraction shall be truncated to
three places after the decimal point (for example, 0.763). In the event
of any inconsistency between the formulation data and the result of
Method 24 or Method 24A of 40 CFR part 60, appendix A, where the test
result for volatile matter weight fraction is higher or the test result
for solids weight fraction is lower, the applicable test method data
will take precedence unless, after consultation, the owner or operator
can demonstrate to the satisfaction of the enforcement agency that the
formulation data are correct.
    (d) A performance test of a control device to determine destruction
efficiency for the purpose of meeting the requirements of Secs. 63.824-
63.825 shall be conducted by the owner or operator in accordance with
the following:
    (1) An initial performance test to establish the destruction
efficiency of an oxidizer and the associated combustion zone temperature
for a thermal oxidizer and the associated catalyst bed inlet temperature
for a catalytic oxidizer shall be conducted and the data reduced in
accordance with the following reference methods and procedures:
    (i) Method 1 or 1A of 40 CFR part 60, appendix A is used for sample
and velocity traverses to determine sampling locations.
    (ii) Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A is used
to determine gas volumetric flow rate.
    (iii) Method 3 of 40 CFR part 60, appendix A is used for gas
analysis to determine dry molecular weight.
    (iv) Method 4 of 40 CFR part 60, appendix A is used to determine
stack gas moisture.
    (v) Methods 2, 2A, 3, and 4 of 40 CFR part 60, appendix A shall be
performed, as applicable, at least twice during each test period.
    (vi) Method 25 of 40 CFR part 60, appendix A, shall be used to
determine organic volatile matter concentration, except as provided in
paragraphs (d)(1)(vi)(A) through (D) of this section. The owner or
operator shall submit notice of the intended test method to the
Administrator for approval along with notice of the performance test
required under Sec. 63.7(c). The same method must be used for both the
inlet and outlet measurements. The owner or operator may use Method 25A
of 40 CFR part 60, appendix A, if (A) An exhaust gas organic volatile
matter concentration of 50 parts per million by volume (ppmv) or less as
carbon is required to comply with the standards of Secs. 63.824-63.825,
or
    (B) The organic volatile matter concentration at the inlet to the
control system and the required level of control are such to result in
exhaust gas organic volatile matter concentrations of 50 ppmv or less as
carbon, or
    (C) Because of the high efficiency of the control device, the
anticipated organic volatile matter concentration at the control device
exhaust is 50 ppmv or less as carbon, regardless of inlet concentration,
or
    (D) The control device is not an oxidizer.
    (vii) Each performance test shall consist of three separate runs;
each run conducted for at least one hour under the conditions that exist
when the affected source is operating under normal operating conditions.
For the purpose of determining organic volatile matter concentrations
and mass flow rates, the average of results of all runs shall apply.
    (viii) Organic volatile matter mass flow rates shall be determined
using Equation 20:

[[Page 355]]

[GRAPHIC] [TIFF OMITTED] TR24MY06.003

Where:

Mf = Total organic volatile matter mass flow rate, kg/hour
          (h).
Qsd = Volumetric flow rate of gases entering or exiting the
          control device, as determined according to
          Sec. 63.827(d)(1)(ii), dry standard cubic meters (dscm)/h.
Cc = Concentration of organic compounds as carbon, ppmv.
12.0 = Molecular weight of carbon.
0.0416 = Conversion factor for molar volume, kg-moles per cubic meter
          (mol/m3) (@ 293 Kelvin (K) and 760 millimeters of mercury
          (mmHg)).
    (ix) Emission control device efficiency shall be determined using
Equation 21:
[GRAPHIC] [TIFF OMITTED] TR30MY96.020

    (2) The owner or operator shall record such process information as
may be necessary to determine the conditions of the performance test.
Operations during periods of start-up, shutdown, and malfunction shall
not constitute representative conditions for the purpose of a
performance test.
    (3) For the purpose of determining the value of the oxidizer
operating parameter that will demonstrate continuing compliance, the
time-weighted average of the values recorded during the performance test
shall be computed. For an oxidizer other than catalytic oxidizer, the
owner or operator shall establish as the operating parameter the minimum
combustion temperature. For a catalytic oxidizer, the owner or operator
shall establish as the operating parameter the minimum gas temperature
upstream of the catalyst bed. These minimum temperatures are the
operating parameter values that demonstrate continuing compliance with
the requirements of Secs. 63.824-63.825.
    (e) A performance test to determine the capture efficiency of each
capture system venting organic emissions to a control device for the
purpose of meeting the requirements of Sec. 63.824(b)(1)(ii),
Sec. 63.824(b)(2), Sec. 63.825(c)(2), Sec. 63.825(d)(1)-(2),
Sec. 63.825(f)(2)-(4), or Sec. 63.825(h)(2)-(3) shall be conducted by
the owner or operator in accordance with the following:
    (1) You may assume your capture efficiency equals 100 percent if
your capture system is a permanent total enclosure (PTE). You must
confirm that your capture system is a PTE by demonstrating that it meets
the requirements of section 6 of Method 204 of 40 CFR part 51, appendix
M, and that all exhaust gases from the enclosure are delivered to a
control device.
    (2) You may determine capture efficiency according to the protocols
for testing with temporary total enclosures that are specified in
Methods 204 and 204A through F of 40 CFR part 51, appendix M. You may
exclude never controlled work stations from such capture efficiency
determinations.
    (f) As an alternative to the procedures specified in Sec. 63.827(e)
an owner or operator required to conduct a capture efficiency test may
use any capture efficiency protocol and test methods that satisfy the
criteria of either the Data Quality Objective (DQO) or the Lower
Confidence Limit (LCL) approach as described in Appendix A of this
subpart. The owner or operator may exclude never-controlled work
stations from such capture efficiency determinations.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29802, May 24, 2006; 76
FR 22598, Apr. 21, 2011]



Sec. 63.828  Monitoring requirements.

    (a) Following the date on which the initial performance test of a
control device is completed, to demonstrate continuing compliance with
the standard, the owner or operator shall monitor and inspect each
control device required to comply with Secs. 63.824-63.825 to ensure
proper operation and maintenance by implementing the applicable
requirements in paragraph (a)(1) through (a)(5) of this section.
    (1) Owners or operators of product and packaging rotogravure or
wide-web flexographic presses with intermittently-controllable work
stations shall

[[Page 356]]

follow one of the procedures in paragraphs (a)(1)(i) through (a)(1)(iv)
of this section for each dryer associated with such a work station:
    (i) Install, calibrate, maintain, and operate according to the
manufacturer's specifications a flow control position indicator that
provides a record indicating whether the exhaust stream from the dryer
was directed to the control device or was diverted from the control
device. The time and flow control position must be recorded at least
once per hour, as well as every time the flow direction is changed. The
flow control position indicator shall be installed at the entrance to
any bypass line that could divert the exhaust stream away from the
control device to the atmosphere.
    (ii) Secure any bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration; a visual inspection of the
seal or closure mechanism shall be performed at least once every month
to ensure that the valve or damper is maintained in the closed position
and the exhaust stream is not diverted through the bypass line.
    (iii) Ensure that any bypass line valve or damper is in the closed
position through continuous monitoring of valve position. The monitoring
system shall be inspected at least once every month to ensure that it is
functioning properly.
    (iv) Use an automatic shutdown system in which the press is stopped
when flow is diverted away from the control device to any bypass line.
The automatic system shall be inspected at least once every month to
ensure that it is functioning properly.
    (2) Compliance monitoring shall be subject to the provisions of
paragraphs (a)(2)(i) and (a)(2)(ii) of this section, as applicable.
    (i) All continuous emission monitors shall comply with performance
specifications (PS) 8 or 9 of 40 CFR part 60, appendix B, as
appropriate. The requirements of appendix F of 40 CFR part 60 shall also
be followed. In conducting the quarterly audits required by appendix F,
owners or operators must challenge the monitors with compounds
representative of the gaseous emission stream being controlled.
    (ii) All temperature monitoring equipment shall be installed,
calibrated, maintained, and operated according to manufacturers
specifications. The calibration of the chart recorder, data logger, or
temperature indicator shall be verified every three months; or the chart
recorder, data logger, or temperature indicator shall be replaced. The
replacement shall be done either if the owner or operator chooses not to
perform the calibration, or if the equipment cannot be calibrated
properly.
    (3) An owner or operator complying with Secs. 63.824-63.825 through
continuous emission monitoring of a control device shall install,
calibrate, operate, and maintain continuous emission monitors to measure
total organic volatile matter concentration and volumetric gas flow rate
in accordance with Sec. 63.824(b)(1)(ii), Sec. 63.825(b)(2)(ii),
Sec. 63.825(c)(2), or Sec. 63.825(d)(2), as applicable.
    (4) An owner or operator complying with the requirements of
Secs. 63.824-63.825 through the use of an oxidizer and demonstrating
continuous compliance through monitoring of an oxidizer operating
parameter shall:
    (i) For an oxidizer other than a catalytic oxidizer, install,
calibrate, operate, and maintain a temperature monitoring device
equipped with a continuous recorder. The device shall have an accuracy
of 1 percent of the temperature being monitored in  deg.C or 1  deg.C,
whichever is greater. The thermocouple or temperature sensor shall be
installed in the combustion chamber at a location in the combustion
zone.
    (ii) For a catalytic oxidizer, install, calibrate, operate, and
maintain a temperature monitoring device equipped with a continuous
recorder. The device shall be capable of monitoring temperature with an
accuracy of 1 percent of the temperature being monitored in  deg.C or
1  deg.C, whichever is greater. The thermocouple or temperature sensor
shall be installed in the vent stream at the nearest feasible point to
the catalyst bed inlet.
    (5) An owner or operator complying with the requirements of
Secs. 63.824-63.825 through the use of a control device and
demonstrating continuous compliance by monitoring an operating parameter

[[Page 357]]

to ensure that the capture efficiency measured during the initial
compliance test is maintained, shall:
    (i) Submit to the Administrator with the compliance status report
required by Sec. 63.9(h) of the General Provisions, a plan that
    (A) Identifies the operating parameter to be monitored to ensure
that the capture efficiency measured during the initial compliance test
is maintained,
    (B) Discusses why this parameter is appropriate for demonstrating
ongoing compliance, and
    (C) Identifies the specific monitoring procedures;
    (ii) Set the operating parameter value, or range of values, that
demonstrate compliance with Secs. 63.824-63.825, and
    (iii) Conduct monitoring in accordance with the plan submitted to
the Administrator unless comments received from the Administrator
require an alternate monitoring scheme.
    (b) Any excursion from the required operating parameters which are
monitored in accordance with paragraphs (a)(4) and (a)(5) of this
section, unless otherwise excused, shall be considered a violation of
the emission standard.

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



Sec. 63.829  Recordkeeping requirements.

    (a) The recordkeeping provisions of 40 CFR part 63 subpart A of this
part that apply and those that do not apply to owners and operators of
affected sources subject to this subpart are listed in Table 1 of this
subpart.
    (b) Each owner or operator of an affected source subject to this
subpart shall maintain the records specified in paragraphs (b)(1)
through (b)(3) of this section on a monthly basis in accordance with the
requirements of Sec. 63.10(b)(1) of this part:
    (1) Records specified in Sec. 63.10(b)(2) of this part, of all
measurements needed to demonstrate compliance with this standard, such
as continuous emission monitor data, control device and capture system
operating parameter data, material usage, HAP usage, volatile matter
usage, and solids usage that support data that the source is required to
report.
    (2) Records specified in Sec. 63.10(b)(3) of this part for each
applicability determination performed by the owner or operator in
accordance with the requirements of Sec. 63.820(a) of this subpart, and
    (3) Records specified in Sec. 63.10(c) of this part for each
continuous monitoring system operated by the owner or operator in
accordance with the requirements of Sec. 63.828(a) of this subpart.
    (c) Each owner or operator of an affected source subject to this
subpart shall maintain records of all liquid-liquid material balances
performed in accordance with the requirements of Secs. 63.824-63.825 of
this subpart. The records shall be maintained in accordance with the
requirements of Sec. 63.10(b) of this part.
    (d) The owner or operator of each facility which commits to the
criteria of Sec. 63.820(a)(2) shall maintain records of all required
measurements and calculations needed to demonstrate compliance with
these criteria, including the mass of all HAP containing materials used
and the mass fraction of HAP present in each HAP containing material
used, on a monthly basis.
    (e) The owner or operator of each facility which meets the limits
and criteria of Sec. 63.821(b)(1) shall maintain records as required in
paragraph (e)(1) of this section. The owner or operator of each facility
which meets the limits and criteria of Sec. 63.821(b)(2) shall maintain
records as required in paragraph (e)(2) of this section. Owners or
operators shall maintain these records for five years, and upon request,
submit them to the Administrator.
    (1) For each facility which meets the criteria of Sec. 63.821(b)(1),
the owner or operator shall maintain records of the total mass of each
material applied on product and packaging rotogravure or wide-web
flexographic printing presses during each month.
    (2) For each facility which meets the criteria of Sec. 63.821(b)(2),
the owner or operator shall maintain records of the total mass and
organic HAP content of each material applied on product and packaging
rotogravure or wide-web flexographic printing presses during each month.
    (f) The owner or operator choosing to exclude from an affected
source, a

[[Page 358]]

product and packaging rotogravure or wide-web flexographic press which
meets the limits and criteria of Sec. 63.821(a)(2)(ii)(A) shall maintain
the records specified in paragraphs (f)(1) and (f)(2) of this section
for five years and submit them to the Administrator upon request:
    (1) The total mass of each material applied each month on the press,
including all inboard and outboard stations, and
    (2) The total mass of each material applied each month on the press
by product and packaging rotogravure or wide-web flexographic printing
operations.
    (g) 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.
    (h) Each owner or operator of an affected source subject to this
subpart shall maintain records of actions taken during periods of
malfunction to minimize emissions in accordance with Sec. 63.823(b),
including corrective actions to restore malfunctioning process and air
pollution control and monitoring equipment to its normal or usual manner
of operation.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29804, May 24, 2006; 76
FR 22598, Apr. 21, 2011]



Sec. 63.830  Reporting requirements.

    (a) The reporting provisions of 40 CFR part 63 subpart A of this
part that apply and those that do not apply to owners and operators of
affected sources subject to this subpart are listed in Table 1 of this
subpart.
    (b) Each owner or operator of an affected source subject to this
subpart shall submit the reports specified in paragraphs (b)(1) through
(b)(6) of this section to the Administrator:
    (1) An initial notification required in Sec. 63.9(b).
    (i) Initial notifications for existing sources shall be submitted no
later than one year before the compliance date specified in
Sec. 63.826(a).
    (ii) Initial notifications for new and reconstructed sources shall
be submitted as required by Sec. 63.9(b).
    (iii) For the purpose of this subpart, a Title V or part 70 permit
application may be used in lieu of the initial notification required
under Sec. 63.9(b), provided the same information is contained in the
permit application as required by Sec. 63.9(b), and the State to which
the permit application has been submitted has an approved operating
permit program under part 70 of this chapter and has received delegation
of authority from the EPA.
    (iv) Permit applications shall be submitted by the same due dates as
those specified for the initial notifications.
    (2) A Notification of Performance Tests specified in Secs. 63.7 and
63.9(e) of this part. This notification, and the site-specific test plan
required under Sec. 63.7(c)(2) shall identify the operating parameter to
be monitored to ensure that the capture efficiency measured during the
performance test is maintained. The operating parameter identified in
the site-specific test plan shall be considered to be approved unless
explicitly disapproved, or unless comments received from the
Administrator require monitoring of an alternate parameter.
    (3) A Notification of Compliance Status specified in Sec. 63.9(h) of
this part.
    (4) Performance test reports specified in Sec. 63.10(d)(2) of this
part.
    (5) [Reserved]
    (6) A summary report specified in Sec. 63.10(e)(3) of this part
shall be submitted on a semi-annual basis (i.e., once every 6-month
period). These summary reports are required even if the affected source
does not have any control devices or does not take the performance of
any control devices into account in demonstrating compliance with the
emission limitations in Sec. 63.824 or Sec. 63.825. In addition to a
report of operating parameter exceedances as required by
Sec. 63.10(e)(3)(i), the summary report shall include, as applicable:
    (i) Exceedances of the standards in Secs. 63.824-63.825.
    (ii) Exceedances of either of the criteria of Sec. 63.820(a)(2).
    (iii) Exceedances of the criterion of Sec. 63.821(b)(1) and the
criterion of Sec. 63.821(b)(2) in the same month.
    (iv) Exceedances of the criterion of Sec. 63.821(a)(2)(ii)(A).

[[Page 359]]

    (v) 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. 63.823(b), including actions taken to
correct a malfunction.
    (c)(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 (c)(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 (c)(1) of this section in paper format.

[61 FR 27140, May 30, 1996, as amended at 71 FR 29804, May 24, 2006; 76
FR 22598, Apr. 21, 2011]



Sec. 63.831  Implementation and enforcement.

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

[68 FR 37354, June 23, 2003]



Secs. 63.832-63.839  [Reserved]



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

------------------------------------------------------------------------
                                  Applicable to
 General provisions reference       subpart KK            Comment
------------------------------------------------------------------------
Sec. 63.1(a)(1)-(a)(4).......  Yes.
Sec. 63.1(a)(5)..............  No...............  Section reserved.
Sec. 63.1(a)(6)-(a)(8).......  No.
Sec. 63.1(a)(9)..............  No...............  Section reserved.
Sec. 63.1(a)(10)-(a)(14).....  Yes.
Sec. 63.1(b)(1)..............  No...............  Subpart KK specifies
                                                    applicability.
Sec. 63.1(b)(2)-(b)(3).......  Yes.
Sec. 63.1(c)(1)..............  Yes.

[[Page 360]]


Sec. 63.1(c)(2)..............  No...............  Area sources are not
                                                    subject to subpart
                                                    KK.
Sec. 63.1(c)(3)..............  No...............  Section reserved.
Sec. 63.1(c)(4)..............  Yes.
Sec. 63.1(c)(5)..............  No.
Sec. 63.1(d).................  No...............  Section reserved.
Sec. 63.1(e).................  Yes.
Sec. 63.2....................  Yes..............  Additional
                                                    definitions in
                                                    subpart KK.
Sec. 63.3(a)-(c).............  Yes.
Sec. 63.4(a)(1)-(a)(3).......  Yes.
Sec. 63.4(a)(4)..............  No...............  Section reserved.
Sec. 63.4(a)(5)..............  Yes.
Sec. 63.4(b)-(c).............  Yes.
Sec. 63.5(a)(1)-(a)(2).......  Yes.
Sec. 63.5(b)(1)..............  Yes.
Sec. 63.5(b)(2)..............  No...............  Section reserved.
Sec. 63.5(b)(3)-(b)(6).......  Yes.
Sec. 63.5(c).................  No...............  Section reserved.
Sec. 63.5(d).................  Yes.
Sec. 63.5(e).................  Yes.
Sec. 63.5(f).................  Yes.
Sec. 63.6(a).................  Yes.
Sec. 63.6(b)(1)-(b)(5).......  Yes.
Sec. 63.6(b)(6)..............  No...............  Section reserved.
Sec. 63.6(b)(7)..............  Yes.
Sec. 63.6(c)(1)-(c)(2).......  Yes.
Sec. 63.6(c)(3)-(c)(4).......  No...............  Sections reserved.
Sec. 63.6(c)(5)..............  Yes.
Sec. 63.6(d).................  No...............  Section reserved.
Sec. 63.6(e)(1)(i)...........  No...............  See 63.823(b) for
                                                    general duty
                                                    requirement. Any
                                                    cross-reference to
                                                    63.6(e)(1)(i) in any
                                                    other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to
                                                    63.823(b).
Sec. 63.6(e)(1)(ii)..........  No...............
Sec. 63.6(e)(1)(iii).........  Yes.
Sec. 63.6(e)(2)..............  No...............  Section reserved.
Sec. 63.6(e)(3)..............  No...............
Sec. 63.6(f)(1)..............  No...............
Sec. 63.6(f)(2)-(f)(3).......  Yes.
Sec. 63.6(g).................  Yes.
Sec. 63.6(h).................  No...............  Subpart KK does not
                                                    require COMS.
Sec. 63.6(i)(1)-(i)(14)......  Yes.
Sec. 63.6(i)(15).............  No...............  Section reserved.
Sec. 63.6(i)(16).............  Yes.
Sec. 63.6(j).................  Yes.
Sec. 63.7(a)-(d).............  Yes.
Sec. 63.7(e)(1)..............  No...............  See 63.827
                                                    introductory text.
                                                    Any cross-reference
                                                    to 63.7(e)(1) in any
                                                    other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to 63.827
                                                    introductory text.
Sec. 63.7(e)(2)-(e)(4).......  Yes.
Sec. 63.8(a)(1)-(a)(2).......  Yes.
Sec. 63.8(a)(3)..............  No...............  Section reserved.
Sec. 63.8(a)(4)..............  No...............  Subpart KK specifies
                                                    the use of solvent
                                                    recovery devices or
                                                    oxidizers.
Sec. 63.8(b).................  Yes.
Sec. 63.8(c)(1)-(3)..........  Yes.
Sec. 63.8(c)(4)..............  No...............  Subpart KK specifies
                                                    CMS sampling
                                                    requirements.
Sec. 63.8(c)(5)..............  No...............  Subpart KK does not
                                                    require COMS.
Sec. 63.8(c)(6)-(c)(8).......  Yes..............  Provisions for COMS
                                                    are not applicable.
Sec. 63.8(d)(1)-(2)..........  Yes.
Sec. 63.8(d)(3)..............  Yes, except for
                                 last sentence.
Sec. 63.8(e)-(f).............  Yes.
Sec. 63.8(g).................  No...............  Subpart KK specifies
                                                    CMS data reduction
                                                    requirements.
Sec. 63.9(a).................  Yes.
Sec. 63.9(b)(1)..............  Yes.
Sec. 63.9(b)(2)..............  Yes..............  Initial notification
                                                    submission date
                                                    extended.
Sec. 63.9(b)(3)-(b)(5).......  Yes.
Sec. 63.9(c)-(e).............  Yes.
Sec. 63.9(f).................  No...............  Subpart KK does not
                                                    require opacity and
                                                    visible emissions
                                                    observations.
Sec. 63.9(g).................  Yes..............  Provisions for COMS
                                                    are not applicable.
Sec. 63.9(h)(1)-(h)(3).......  Yes.
Sec. 63.9(h)(4)..............  No...............  Section reserved.
Sec. 63.9(h)(5)-(h)(6).......  Yes.

[[Page 361]]


Sec. 63.9(i).................  Yes.
Sec. 63.9(j).................  Yes.
Sec. 63.10(a)................  Yes.
Sec. 63.10(b)(1).............  Yes.
Sec. 63.10(b)(2)(i)..........  No.
Sec. 63.10(b)(2)(ii).........  No...............  See 63.829(g) for
                                                    recordkeeping of
                                                    occurrence and
                                                    duration of
                                                    malfunctions. See
                                                    63.829(h) for
                                                    recordkeeping of
                                                    actions taken during
                                                    malfunction. Any
                                                    cross-reference to
                                                    63.10(b)(2)(ii) in
                                                    any other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to
                                                    63.829(g).
Sec. 63.10(b)(2)(iii)........  Yes.
Sec. 63.10(b)(2)(iv)-(b)(2)(v  No.
 ).
Sec. 63.10(b)(2)(vi)-(b)(2)(x  Yes.
 iv).
Sec. 63.10(b)(3).............  Yes.
Sec. 63.10(c)(1).............  Yes.
Sec. 63.10(c)(2)-(c)(4)......  No...............  Sections reserved.
Sec. 63.10(c)(5)-(c)(8)......  Yes.
Sec. 63.10(c)(9).............  No...............  Section reserved.
Sec. 63.10(c)(10)............  No...............  See 63.830(b)(6)(v)
                                                    for reporting
                                                    malfunctions. Any
                                                    cross-reference to
                                                    63.10(c)(10) in any
                                                    other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to
                                                    63.830(b)(6)(v).
Sec. 63.10(c)(11)............  No...............  See 63.830(b)(6)(v)
                                                    for reporting
                                                    malfunctions. Any
                                                    cross-reference to
                                                    63.10(c)(11) in any
                                                    other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to
                                                    63.830(b)(6)(v).
Sec. 63.10(c)(12)-(c)(14)....  Yes.
Sec. 63.10(c)(15)............  No.
Sec. 63.10(d)(1)-(d)(2)......  Yes.
Sec. 63.10(d)(3).............  No...............  Subpart KK does not
                                                    require opacity and
                                                    visible emissions
                                                    observations.
Sec. 63.10(d)(4).............  Yes.
Sec. 63.10(d)(5).............  No.
Sec. 63.10(e)................  Yes..............  Provisions for COMS
                                                    are not applicable.
Sec. 63.10(f)................  Yes.
Sec. 63.11...................  No...............  Subpart KK specifies
                                                    the use of solvent
                                                    recovery devices or
                                                    oxidizers.
Sec. 63.12...................  Yes.
Sec. 63.13...................  Yes.
Sec. 63.14...................  Yes.
Sec. 63.15...................  Yes.
------------------------------------------------------------------------


[61 FR 27140, May 30, 1996, as amended at 76 FR 22598, Apr. 21, 2011]



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

                             1. Introduction

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

             2. General Criteria for DQO and LCL Approaches

    2.1  The following general criteria must be met for an alternative
capture efficiency protocol and test methods to qualify under the DQO or
LCL approach.

[[Page 362]]

    2.2  An alternative CE protocol must consist of at least three valid
test runs. Each test run must be at least 20 minutes long. No test run
can be longer than 24 hours.
    2.3  All test runs must be separate and independent. For example,
liquid VOC input and output must be determined independently for each
run. The final liquid VOC sample from one run cannot be the initial
sample for another run. In addition, liquid input for an entire day
cannot be apportioned among test runs based on production.
    2.4  Composite liquid samples cannot be used to obtain an ``average
composition'' for a test run. For example, separate initial and final
coating samples must be taken and analyzed for each run; initial and
final samples cannot be combined prior to analysis to derive an
``average composition'' for the test run.
    2.5  All individual test runs that result in a CE of greater than
105 percent are invalid and must be discarded.
    2.6  If the source can demonstrate to the regulatory agency that a
test run should not be considered due to an identified testing or
analysis error such as spillage of part of the sample during shipping or
an upset or improper operating conditions that is not considered part of
normal operation then the test result for that individual test run may
be discarded. This limited exception allows sources to discard as
``outliers'' certain individual test runs without replacing them with a
valid test run as long as the facility has at least three valid test
runs to use when calculating its DQO or LCL. This exception is limited
solely to test runs involving the types of errors identified above.
    2.7  All valid test runs that are conducted must be included in the
average CE determination. The individual test run CE results and average
CE results cannot be truncated (i.e., 105 percent cannot be reported as
100+ percent) for purposes of meeting general or specific criteria for
either the DQO or the LCL. If the DQO is satisfied and the average CE is
greater than 100, then 100 percent CE must be considered the result of
the test.
    2.8  Alternative test methods for measuring VOC concentration must
include a three-point calibration of the gas analysis instrument in the
expected concentration range.

                   3. Data Quality Objective Approach

    3.1  The purpose of the DQO is to allow sources to use alternative
CE protocols and test methods while ensuring reasonable precision
consistent with pertinent requirements of the Clean Air Act. In addition
to the general criteria described in section 2, the specific DQO
criterion is that the width of the two-sided 95 percent confidence
interval of the mean measured value must be less than or equal to 10
percent of the mean measured value (see Figure 1). This ensures that 95
percent of the time, when the DQO is met, the actual CE value will be 5
percent of the mean measured value (assuming that the test protocol is
unbiased).
[GRAPHIC] [TIFF OMITTED] TC01MY92.047


[[Page 363]]


    3.2  The DQO calculation is made as follows using Equations 1 and 2:
    [GRAPHIC] [TIFF OMITTED] TR24MY06.004

    [GRAPHIC] [TIFF OMITTED] TR24MY06.005

Where:

a = Distance from the average measured CE value to the endpoints of the
          95-percent (two-sided) confidence interval for the measured
          value.
n = Number of valid test runs.
P = DQO indicator statistic, distance from the average measured CE value
          to the endpoints of the 95-percent (two-sided) confidence
          interval, expressed as a percent of the average measured CE
          value.
s = Sample standard deviation.
t0.975 = t-value at the 95-percent (two-sided) confidence
          level (see Table A-1).
xavg = Average measured CE value (calculated from all valid
          test runs).
xi = The CE value calculated from the ith test run.

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

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

[GRAPHIC] [TIFF OMITTED] TR30MY96.025

    3.4  The DQO criteria are achieved when all of the general criteria
in section 2 are achieved and P [le]5 percent (i.e., the specific DQO
criterion is achieved). In order to meet this objective, facilities may
have to conduct more than three test runs. Examples of calculating P,
given a finite number of test runs, are shown below. (For purposes of
this example it is assumed that all of the general criteria are met.)
    3.5  Facility A conducted a CE test using a traditional liquid/gas
mass balance and submitted the following results and the calculations
shown in Equations 5 and 6:

------------------------------------------------------------------------
                              Run                                   CE
------------------------------------------------------------------------
1..............................................................     96.1
2..............................................................    105.0
3..............................................................    101.2
------------------------------------------------------------------------

Therefore:
n=3
t0.975 = 4.30
xavg = 100.8
s=4.51
[GRAPHIC] [TIFF OMITTED] TR30MY96.026

[GRAPHIC] [TIFF OMITTED] TR30MY96.027

    3.6  Since the facility did not meet the specific DQO criterion,
they ran three more test runs.

------------------------------------------------------------------------
                              Run                                   CE
------------------------------------------------------------------------
4..............................................................     93.2
5..............................................................     96.2
6..............................................................     87.6
------------------------------------------------------------------------

    3.7  The calculations for Runs 1-6 are made as follows using
Equations 7 and 8:

n=6
t0.975 = 2.57
xavg = 96.6
s=6.11
[GRAPHIC] [TIFF OMITTED] TR30MY96.028

[GRAPHIC] [TIFF OMITTED] TR30MY96.029


[[Page 364]]


    3.8  The facility still did not meet the specific DQO criterion.
They ran three more test runs with the following results:

------------------------------------------------------------------------
                              Run                                   CE
------------------------------------------------------------------------
7..............................................................     92.9
8..............................................................     98.3
9..............................................................     91.0
------------------------------------------------------------------------

    3.9  The calculations for Runs 1-9 are made as follows using
Equations 9 and 10:
n=9
t0.975 = 2.31
xavg = 95.7
s=5.33
[GRAPHIC] [TIFF OMITTED] TR30MY96.030

[GRAPHIC] [TIFF OMITTED] TR30MY96.031

    3.10  Based on these results, the specific DQO criterion is
satisfied. Since all of the general criteria were also satisfied, the
average CE from the nine test runs can be used to determine compliance.

                   4. Lower Confidence Limit Approach

    4.1  The purpose of the LCL approach is to provide sources, that may
be performing much better than their applicable regulatory requirement,
a screening option by which they can demonstrate compliance. The
approach uses less precise methods and avoids additional test runs which
might otherwise be needed to meet the specific DQO criterion while still
being assured of correctly demonstrating compliance. It is designed to
reduce ``false positive'' or so called ``Type II errors'' which may
erroneously indicate compliance where more variable test methods are
employed. Because it encourages CE performance greater than that
required in exchange for reduced compliance demonstration burden, the
sources that successfully use the LCL approach could produce emission
reductions beyond allowable emissions. Thus, it could provide additional
benefits to the environment as well.
    4.2  The LCL approach compares the 80 percent (two-sided) LCL for
the mean measured CE value to the applicable CE regulatory requirement.
In addition to the general criteria described in section 2, the specific
LCL criteria are that either the LCL be greater than or equal to the
applicable CE regulatory requirement or that the specific DQO criterion
is met. A more detailed description of the LCL approach follows:
    4.3  A source conducts an initial series of at least three runs. The
owner or operator may choose to conduct additional test runs during the
initial test if desired.
    4.4  If all of the general criteria are met and the specific DQO
criterion is met, then the average CE value is used to determine
compliance.
    4.5  If the data meet all of the general criteria, but do not meet
the specific DQO criterion; and the average CE, using all valid test
runs, is above 100 percent then the test sequence cannot be used to
calculate the LCL. At this point the facility has the option of (a)
conducting more test runs in hopes of meeting the DQO or of bringing the
average CE for all test runs below 100 percent so the LCL can be used or
(b) discarding all previous test data and retesting.
    4.6  The purpose of the requirement in Section 4.5 is to protect
against protocols and test methods which may be inherently biased high.
This is important because it is impossible to have an actual CE greater
than 100 percent and the LCL approach only looks at the lower end
variability of the test results. This is different from the DQO which
allows average CE values up to 105 percent because the DQO sets both
upper and lower limits on test variability.
    4.7  If at any point during testing the results meet the DQO, the
average CE can be used for demonstrating compliance with the applicable
regulatory requirement. Similarly, if the average CE is below 100
percent then the LCL can be used for demonstrating compliance with the
applicable regulatory requirement without regard to the DQO.
    4.8  The LCL is calculated at an 80 percent (two-sided) confidence
level as follows using Equation 11:
[GRAPHIC] [TIFF OMITTED] TR24MY06.006

Where:

LC1 = LCL at an 80-percent (two-sided) confidence level.
n = Number of valid test runs.
s = Sample standard deviation.
t0.90 = t-value at the 80-percent (two-sided) confidence
          level (see Table A-1).
xavg = Average measured CE value (calculated from all valid
          test runs).

    4.9  The resulting LC1 is compared to the applicable CE
regulatory requirement. If LC1 exceeds (i.e., is higher than)
the applicable regulatory requirement, then a facility is in initial
compliance. However, if the LC1 is below the CE requirement,
then the facility must conduct additional test runs. After this point
the test results will be evaluated not only looking at the LCL, but also
the DQO of 5 percent of the mean at a 95 percent confidence level. If
the test results with the additional test runs meet the DQO before the
LCL exceeds the applicable CE regulatory requirement, then the average
CE value will be compared to the applicable CE regulatory requirement
for determination of compliance.

[[Page 365]]

    4.10  If there is no specific CE requirement in the applicable
regulation, then the applicable CE regulatory requirement is determined
based on the applicable regulation and an acceptable destruction
efficiency test. If the applicable regulation requires daily compliance
and the latest CE compliance demonstration was made using the LCL
approach, then the calculated LC1 will be the highest CE
value which a facility is allowed to claim until another CE
demonstration test is conducted. This last requirement is necessary to
assure both sufficiently reliable test results in all circumstances and
the potential environmental benefits referenced above.
    4.11  An example of calculating the LCL is shown below. Facility B's
applicable regulatory requirement is 85 percent CE. Facility B conducted
a CE test using a traditional liquid/gas mass balance and submitted the
following results and the calculation shown in Equation 12:

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

Therefore:

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

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

          5. Recommended Reporting for Alternative CE Protocols

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

       6. Recommended Recordkeeping for Alternative CE Protocols.

    6.1  A record should be kept at the facility of all raw data
recorded during the test in a suitable form for submittal to the
appropriate regulatory authority upon request.

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



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

    Source: 62 FR 52407, Oct. 7, 1997, unless otherwise noted.



Sec. 63.840  Applicability.

    (a) Except as provided in paragraph (b) of this section, the
requirements of this subpart apply to the owner or operator of each new
pitch storage tank and new or existing potline, paste production plant,
or anode bake furnace associated with primary aluminum production and
located at a major source as defined in Sec. 63.2.
    (b) The requirements of this subpart do not apply to any existing
anode bake furnace that is not located on the same site as a primary
aluminum reduction plant. The owner or operator shall comply with the
State MACT determination established by the applicable regulatory
authority.

[[Page 366]]

    (c) An owner or operator of an affected facility (potroom group or
anode bake furnace) under Sec. 60.190 of this chapter may elect to
comply with either the requirements of Sec. 63.845 of this subpart or
the requirements of subpart S of part 60 of this chapter.



Sec. 63.841  Incorporation by reference.

    (a) The following material is incorporated by reference in the
corresponding sections noted. This incorporation by reference was
approved by the Director of the Federal Register on October 7, 1997, in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are
incorporated as they exist on the date of approval, and notice of any
change in the materials will be published in the Federal Register.
Revisions to ``Industrial Ventilation: A Manual of Recommended
Practice'' (22nd ed.) are applicable only after publication of a
document in the Federal Register to amend subpart LL to require use of
the new information.
    (1) Chapter 3, ``Local Exhaust Hoods'' and Chapter 5, ``Exhaust
System Design Procedure'' of ``Industrial Ventilation: A Manual of
Recommended Practice,'' American Conference of Governmental Industrial
Hygienists, 22nd edition, 1995, IBR approved for Secs. 63.843(b) and
63.844(b); and
    (2) ASTM D 2986-95A, Standard Practice for Evaluation of Air Assay
Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test, IBR
approved for section 7.1.1 of Method 315 in appendix A to this part.
    (b) The materials incorporated by reference are available for at the
National Archives and Records Administration (NARA), and at the Air and
Radiation Docket Center, U.S. EPA, 1200 Pennsylvania Ave., NW.,
Washington, DC. For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html. The
materials also are available for purchase from one of the following
addresses:
    (1) Customer Service Department, American Conference of Governmental
Industrial Hygienists (ACGIH), 1330 Kemper Meadow Drive, Cincinnati,
Ohio 45240, telephone number (513) 742-2020; or
    (2) American Society for Testing and Materials, 100 Bar Harbour
Drive, West Conshohocken, Pennsylvania 19428, telephone number (610)
832-9500.

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



Sec. 63.842  Definitions.

    Terms used in this subpart are defined in the Clean Air Act as
amended (the Act), in Sec. 63.2, or in this section as follows:
    Anode bake cycle means the period during which the regularly
repeated sequence of loading, preheating, firing, cooling, and removing
anodes from all sections within an anode bake furnace occurs one time.
    Anode bake furnace means an oven in which the formed green anodes
are baked for use in a prebake process. This definition includes
multiple anode bake furnaces controlled by a common control device (bake
furnaces controlled by a common control device are considered to be one
source).
    Center-worked prebake (CWPB) process means a method of primary
aluminum reduction using the prebake process in which the alumina feed
is added down the center of the reduction cell.
    Center-worked prebake one (CWPB1) means all existing center-worked
prebake potlines not defined as center-worked prebake two (CWPB2) or
center-worked prebake three (CWPB3) potlines.
    Center-worked prebake two (CWPB2) means all existing center-worked
prebake potlines located at Alcoa in Rockdale, Texas; Kaiser Aluminum in
Mead, Washington; Ormet Corporation in Hannibal, Ohio; Ravenswood
Aluminum in Ravenswood, West Virginia; Reynolds Metals in Troutdale,
Oregon; and Vanalco Aluminum in Vancouver, Washington.
    Center-worked prebake three (CWPB3) means all existing center-worked
prebake potlines that produce very high purity aluminum, have a wet
scrubber for the primary control system, and are located at the NSA
primary aluminum plant in Hawesville, Kentucky.
    Continuous parameter monitoring system means the total equipment
that

[[Page 367]]

may be required to meet the data acquisition and availability
requirements of this subpart, used to sample, condition (if applicable),
analyze, and provide a record of process or control system parameters.
    Horizontal stud Soderberg (HSS) process means a method of primary
aluminum reduction using the Soderberg process in which the electrical
current is introduced to the anode by steel rods (studs) inserted into
the side of a monolithic anode.
    Modified potroom group means an existing potroom group to which any
physical change in, or change in the method of operation of, results in
an increase in the amount of total fluoride emitted into the atmosphere
by that potroom group.
    Paste production plant means the processes whereby calcined
petroleum coke, coal tar pitch (hard or liquid), and/or other materials
are mixed, transferred, and formed into briquettes or paste for vertical
stud Soderberg (VSS) and HSS processes or into green anodes for a
prebake process. This definition includes all operations from initial
mixing to final forming (i.e., briquettes, paste, green anodes) within
the paste plant, including conveyors and units managing heated liquid
pitch.
    Pitch storage tank means any fixed roof tank that is used to store
liquid pitch that is not part of the paste production plant.
    Polycyclic organic matter (POM) means organic matter extractable by
methylene chloride as determined by Method 315 in appendix A to this
part or by an approved alternative method.
    Potline means a single, discrete group of electrolytic reduction
cells electrically connected in series, in which alumina is reduced to
form aluminum.
    Potroom means a building unit that houses a group of electrolytic
cells in which aluminum is produced.
    Potroom group means an uncontrolled potroom, a potroom that is
controlled individually, or a group of potrooms or potroom segments
ducted to a common control system.
    Prebake process means a method of primary aluminum reduction that
uses an anode that was baked in an anode bake furnace, which is
introduced into the top of the reduction cell and consumed as part of
the reduction process.
    Primary aluminum reduction plant means any facility manufacturing
aluminum by electrolytic reduction.
    Primary control system means the equipment used to capture the gases
and particulate matter evacuated directly from the reduction cell and
the emission control device(s) used to remove pollutants prior to
discharge of the cleaned gas to the atmosphere. A roof scrubber is not
part of the primary control system.
    Primary emissions means the emissions discharged from the primary
control system.
    Reconstructed potroom group means an existing potroom group for
which the components are replaced to such an extent that the fixed
capital cost of the new components exceeds 50 percent of the fixed
capital cost that would be required to construct a comparable entirely
new potroom group, and for which it is technologically and economically
feasible to meet the applicable emission limits for total fluoride set
forth in this subpart.
    Reconstruction means the replacement of components of a source to
such an extent that:
    (1) All of the major components of the source are replaced (for
example, the major components of a potline include the raw material
handling system, reduction cells, superstructure, hooding, ductwork,
etc.); and
    (2) It is technologically and economically feasible for the
reconstructed source to meet the standards for new sources established
in this subpart.
    Roof monitor means that portion of the roof of a potroom building
where gases not captured at the cell exit from the potroom.
    Secondary emissions means the fugitive emissions that are not
captured and controlled by the primary control system and that escape
through the roof monitor or through roof scrubbers.
    Side-worked prebake (SWPB) process means a method of primary
aluminum reduction using the prebake process, in which the alumina is
added along the sides of the reduction cell.
    Soderberg process means a method of primary aluminum reduction in
which the anode paste mixture is baked in the

[[Page 368]]

reduction pot by the heat resulting from the electrolytic process.
    Total fluorides (TF) means elemental fluorine and all fluoride
compounds as measured by Methods 13A or 13B in appendix A to part 60 of
this chapter or by an approved alternative method.
    Vertical stud Soderberg (VSS) process means a method of primary
aluminum reduction using the Soderberg process, in which the electrical
current is introduced to the anode by steel rods (studs) inserted into
the top of a monolithic anode.
    Vertical stud Soderberg one (VSS1) means all existing vertical stud
Soderberg potlines located either at Northwest Aluminum in The Dalles,
Oregon, or at Goldendale Aluminum in Goldendale, Washington.
    Vertical stud Soderberg two (VSS2) means all existing vertical stud
Soderberg potlines located at Columbia Falls Aluminum in Columbia Falls,
Montana.

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



Sec. 63.843  Emission limits for existing sources.

    (a) Potlines. The owner or operator shall not discharge or cause to
be discharged into the atmosphere any emissions of TF or POM in excess
of the applicable limits in paragraphs (a)(1) and (a)(2) of this
section.
    (1) TF limits. Emissions of TF shall not exceed:
    (i) 0.95 kg/Mg (1.9 lb/ton) of aluminum produced for each CWPB1
potline;
    (ii) 1.5 kg/Mg (3.0 lb/ton) of aluminum produced for each CWPB2
potline;
    (iii) 1.25 kg/Mg (2.5 lb/ton) of aluminum produced for each CWPB3
potline;
    (iv) 0.8 kg/Mg (1.6 lb/ton) of aluminum produced for each SWPB
potline;
    (v) 1.1 kg/Mg (2.2 lb/ton) of aluminum produced for each VSS1
potline;
    (vi) 1.35 kg/Mg (2.7 lb/ton) of aluminum produced for each VSS2
potline; and
    (vii) 1.35 kg/Mg (2.7 lb/ton) of aluminum produced for each HSS
potline.
    (2) POM limits. Emissions of POM shall not exceed:
    (i) 2.35 kg/Mg (4.7 lb/ton) of aluminum produced for each HSS
potline;
    (ii) 1.2 kg/Mg (2.4 lb/ton) of aluminum produced for each VSS1
potline; and
    (iii) 2.85 kg/Mg (5.7 lb/ton) of aluminum produced for each VSS2
potline.
    (3) Change in subcategory. Any potline, other than a reconstructed
potline, that is changed such that its applicable subcategory also
changes shall meet the applicable emission limit in this subpart for the
original subcategory or the new subcategory, whichever is more
stringent.
    (b) Paste production plants. The owner or operator shall install,
operate, and maintain equipment to capture and control POM emissions
from each paste production plant.
    (1) The emission capture system shall be installed and operated to
meet the generally accepted engineering standards for minimum exhaust
rates as published by the American Conference of Governmental Industrial
Hygienists in Chapters 3 and 5 of ``Industrial Ventilation: A Handbook
of Recommended Practice'' (incorporated by reference in Sec. 63.841 of
this part); and
    (2) Captured emissions shall be routed through a closed system to a
dry coke scrubber; or
    (3) The owner or operator may submit a written request for use of an
alternative control device to the applicable regulatory authority for
review and approval. The request shall contain information and data
demonstrating that the alternative control device achieves POM emissions
less than 0.011 lb/ton of paste for plants with continuous mixers or POM
emissions less than 0.024 lb/ton of paste for plants with batch mixers.
The POM emission rate shall be determined by sampling using Method 315
in appendix A to this part.
    (c) Anode bake furnaces. The owner or operator shall not discharge
or cause to be discharged into the atmosphere any emissions of TF or POM
in excess of the limits in paragraphs (c)(1) and (c)(2) of this section.
    (1) TF limit. Emissions of TF shall not exceed 0.10 kg/Mg (0.20 lb/
ton) of green anode; and
    (2) POM limit. Emissions of POM shall not exceed 0.09 kg/Mg (0.18
lb/ton) of green anode.

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

[[Page 369]]



Sec. 63.844  Emission limits for new or reconstructed sources.

    (a) Potlines. The owner or operator shall not discharge or cause to
be discharged into the atmosphere any emissions of TF or POM in excess
of the limits in paragraphs (a)(1) and (a)(2) of this section.
    (1) TF limit. Emissions of TF shall not exceed 0.6 kg/Mg (1.2 lb/
ton) of aluminum produced; and
    (2) POM limit. Emissions of POM from Soderberg potlines shall not
exceed 0.32 kg/Mg (0.63 lb/ton) of aluminum produced.
    (b) Paste production plants. The owner or operator shall meet the
requirements in Sec. 63.843(b) for existing paste production plants.
    (c) Anode bake furnaces. The owner or operator shall not discharge
or cause to be discharged into the atmosphere any emissions of TF or POM
in excess of the limits in paragraphs (c)(1) and (c)(2) of this section.
    (1) TF limit. Emissions of TF shall not exceed 0.01 kg/Mg (0.02 lb/
ton) of green anode; and
    (2) POM limit. Emissions of POM shall not exceed 0.025 kg/Mg (0.05
lb/ton) of green anode.
    (d) Pitch storage tanks. Each pitch storage tank shall be equipped
with an emission control system designed and operated to reduce inlet
emissions of POM by 95 percent or greater.



Sec. 63.845  Incorporation of new source performance standards for
potroom groups.

    (a) Applicability. The provisions in paragraphs (a) through (i) of
this section shall apply to any Soderberg, CWPB2, and CWPB3 potline that
adds a new potroom group to an existing potline or that is associated
with a potroom group that meets the definition of ``modified potroom
group'' or ``reconstructed potroom group.''
    (1) The following shall not, by themselves, be considered to result
in a potroom group modification:
    (i) Maintenance, repair, and replacement that the applicable
regulatory authority determines to be routine for the potroom group;
    (ii) An increase in production rate of an existing potroom group, if
that increase can be accomplished without a capital expenditure on that
potroom group;
    (iii) An increase in the hours of operation;
    (iv) Use of an alternative fuel or raw material if, prior to the
effective date of this subpart, the existing potroom group was designed
to accommodate that alternative use;
    (v) The addition or use of any system or device whose primary
function is the reduction of air pollutants, except when an emission
control system is removed or is replaced by a system that the applicable
regulatory authority determines to be less environmentally beneficial;
and
    (vi) The relocation or change in ownership of an existing potroom
group.
    (2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of
this section apply when the applicable regulatory authority must
determine if a potroom group meets the definition of reconstructed
potroom group.
    (i) ``Fixed capital cost'' means the capital needed to provide all
the depreciable components.
    (ii) If an owner or operator of an existing potroom group proposes
to replace components, and the fixed capital cost of the new components
exceeds 50 percent of the fixed capital cost that would be required to
construct a comparable entirely new potroom group, he/she shall notify
the applicable regulatory authority of the proposed replacements. The
notice must be postmarked 60 days (or as soon as practicable) before
construction of the replacements is commenced and must include the
following information:
    (A) Name and address of the owner or operator;
    (B) The location of the existing potroom group;
    (C) A brief description of the existing potroom group and the
components that are to be replaced;
    (D) A description of the existing air pollution control equipment
and the proposed air pollution control equipment;
    (E) An estimate of the fixed capital cost of the replacements and of
constructing a comparable entirely new potroom group;

[[Page 370]]

    (F) The estimated life of the existing potroom group after the
replacements; and
    (G) A discussion of any economic or technical limitations the
potroom group may have in complying with the applicable standards of
performance after the proposed replacements.
    (iii) The applicable regulatory authority will determine, within 30
days of the receipt of the notice required by paragraph (a)(2)(ii) of
this section and any additional information he/she may reasonably
require, whether the proposed replacement constitutes a reconstructed
potroom group.
    (iv) The applicable regulatory authority's determination under
paragraph (a)(2)(iii) of this section shall be based on:
    (A) The fixed capital cost of the replacements in comparison to the
fixed capital cost that would be required to construct a comparable
entirely new potroom group;
    (B) The estimated life of the potroom group after the replacements
compared to the life of a comparable entirely new potroom group;
    (C) The extent to which the components being replaced cause or
contribute to the emissions from the potroom group; and
    (D) Any economic or technical limitations on compliance with
applicable standards of performance that are inherent in the proposed
replacements.
    (b) Lower TF emission limit. The owner or operator shall calculate a
lower TF emission limit for any potline associated with the modified
potroom group, reconstructed potroom group, or new potroom group using
the following equation:

L1 = f1xLPG1+(1-
f1)xLPL

Where:

L1 = the lower TF emission limit in kg/Mg (lb/ton);
f1 = the fraction of the potline's total aluminum production
          capacity that is contained within all modified potroom groups,
          reconstructed potroom groups, and new potroom groups;
LPG1 = 0.95 kg/Mg (1.9 lb/ton) for prebake potlines and 1.0
          kg/Mg (2.0 lb/ton) for Soderberg potlines; and
LPL = the TF emission limit from Sec. 63.843(a)(1) for the
          appropriate potline subcategory that would have otherwise
          applied to the potline.

    (c) Upper TF emission limit. The owner or operator shall calculate
an upper TF emission limit for any potline associated with the modified
potroom group, reconstructed potroom group, or new potroom group using
the following equation:

L2 = f1xLPG2+(1-
f1)xLPL

Where:

L2 = the upper TF emission limit in kg/Mg (lb/ton); and
LPG2 = 1.25 kg/Mg (2.5 lb/ton) for prebake potlines and 1.3
          kg/Mg (2.6 lb/ton) for Soderberg potlines.

    (d) Recalculation. The TF emission limits in paragraphs (b) and (c)
of this section shall be recalculated each time a new potroom group is
added to the potline and each time an additional potroom group meets the
definition of ``modified potroom group'' or ``reconstructed potroom
group.''
    (e) Emission limitation. The owner or operator shall not discharge
or cause to be discharged into the atmosphere emissions of TF from any
potline associated with the modified potroom group, reconstructed
potroom group, or new potroom group that exceed the lower emission limit
calculated in paragraph (b) of this section, except that emissions less
than the upper limit calculated in paragraph (c) of this section will be
considered in compliance if the owner or operator demonstrates that
exemplary operation and maintenance procedures were used with respect to
the emission control system and that proper control equipment was
operating at the potline during the performance test.
    (f) Report. Within 30 days of any performance test that reveals
emissions that fall between the lower limit calculated in paragraph (b)
of this section and the upper limit calculated in paragraph (c) of this
section, the owner or operator shall submit to the applicable regulatory
authority a report indicating whether all necessary control devices were
online and operating properly during the performance test, describing
the operating and maintenance procedures followed, and setting forth any
explanation for the excess emissions.

[[Page 371]]

    (g) Procedures to determine TF emissions. The owner or operator
shall determine TF emissions for the potline using the following
procedures:
    (1) Determine the emission rate of TF in kg/Mg (lb/ton) from
sampling secondary emissions and the primary control system for all new
potroom groups, modified potroom groups, and reconstructed potroom
groups using the procedures, equations, and test methods in
Secs. 63.847, 63.848, and 63.849.
    (2) Determine the emission rate of TF in kg/Mg (lb/ton) from
sampling secondary emissions and the primary control system for potroom
groups or sections of potroom groups within the potline that are not new
potroom groups, modified potroom groups, or reconstructed potroom groups
according to paragraphs (g)(2)(i) or (g)(2)(ii) of this section.
    (i) Determine the mass emission rate of TF in kg/Mg (lb/ton) from at
least one potroom group within the potline that is not a new potroom
group, modified potroom group, or reconstructed potroom group using the
procedures, equations, and test methods in Secs. 63.847, 63.848, and
63.849, or
    (ii) Use the results of the testing required by paragraph (g)(1) of
this section to represent the entire potline based on a demonstration
that the results are representative of the entire potline.
Representativeness shall be based on showing that all of the potroom
groups associated with the potline are substantially equivalent in terms
of their structure, operability, type of emissions, volume of emissions,
and concentration of emissions.
    (3) Calculate the TF emissions for the potline in kg/Mg (lb/ton)
based on the production-weighted average of the TF emission rates from
paragraphs (g)(1) and (g)(2) of this section using the following
equation:

E=f1xEPG1+(1-f1)xEPL

where:

E=the TF emission rate for the entire potline, kg/Mg (lb/ton);
f1 = the fraction of the potline's total aluminum production
          rate that is contained within all modified potroom groups,
          reconstructed potroom groups, and new potroom groups;
EPG1 = the TF emission rate from paragraph (g)(1) of this
          section for all modified potroom groups, reconstructed potroom
          groups, and new potroom groups, kg/Mg (lb/ton); and
EPL = the TF emission rate for the balance of the potline
          from paragraph (g)(2) of this section, kg/Mg (lb/ton).

    Compliance is demonstrated when TF emissions for the potline meet
the requirements in paragraph (e) of this section.
    (4) As an alternative to sampling as required in paragraphs (g)(1)
and (g)(2) of this section, the owner or operator may perform
representative sampling of the entire potline subject to the approval of
the applicable regulatory authority. Such sampling shall provide
coverage by the sampling equipment of both the new, modified, or
reconstructed potroom group and the balance of the potline. The coverage
for the new, modified, or reconstructed potroom group must meet the
criteria specified in the reference methods in Sec. 63.849. TF emissions
shall be determined for the potline using the procedures, equations, and
test methods in Secs. 63.847, 63.848, and 63.849. Compliance is
demonstrated when TF emissions for the potline meet the requirements in
paragraph (e) of this section.
    (h) Opacity. Except as provided in paragraph (i) of this section,
the owner or operator shall not discharge or cause to be discharged into
the atmosphere from the modified potroom group, reconstructed potroom
group, or new potroom group any emissions of gases that exhibit 10
percent opacity or greater.
    (i) Alternative opacity limit. An alternative opacity limit may be
established in place of the opacity limit in paragraph (h) of this
section using the following procedures:
    (1) If the regulatory authority finds that a potline is in
compliance with the applicable TF standard for which performance tests
are conducted in accordance with the methods and procedures in
Sec. 63.849 but during the time such performance tests are being
conducted fails to meet any applicable opacity standard, the regulatory
authority shall notify and advise the owner or operator that he/she may
petition the regulatory authority within 10 days of receipt of
notification to

[[Page 372]]

make appropriate adjustment to the opacity standard.
    (2) The regulatory authority will grant such a petition upon a
demonstration by the owner or operator that the potroom group and
associated air pollution control equipment were operated and maintained
in a manner to minimize the opacity of emissions during the performance
tests; that the performance tests were performed under the conditions
established by the regulatory authority; and that the potroom group and
associated air pollution control equipment were incapable of being
adjusted or operated to meet the applicable opacity standard.
    (3) As indicated by the performance and opacity tests, the
regulatory authority will establish an opacity standard for any potroom
group meeting the requirements in paragraphs (i)(1) and (i)(2) of this
section such that the opacity standard could be met by the potroom group
at all times during which the potline is meeting the TF emission limit.
    (4) The alternative opacity limit established in paragraph (i)(3) of
this section shall not be greater than 20 percent opacity.



Sec. 63.846  Emission averaging.

    (a) General. The owner or operator of an existing potline or anode
bake furnace in a State that does not choose to exclude emission
averaging in the approved operating permit program may demonstrate
compliance by emission averaging according to the procedures in this
section.
    (b) Potlines. The owner or operator may average TF emissions from
potlines and demonstrate compliance with the limits in Table 1 of this
subpart using the procedures in paragraphs (b)(1) and (b)(2) of this
section. The owner or operator also may average POM emissions from
potlines and demonstrate compliance with the limits in Table 2 of this
subpart using the procedures in paragraphs (b)(1) and (b)(3) of this
section.
    (1) Monthly average emissions of TF and/or quarterly average
emissions of POM shall not exceed the applicable emission limit in Table
1 of this subpart (for TF emissions) and/or Table 2 of this subpart (for
POM emissions). The emission rate shall be calculated based on the total
emissions from all potlines over the period divided by the quantity of
aluminum produced during the period, from all potlines comprising the
averaging group.
    (2) To determine compliance with the applicable emission limit in
Table 1 of this subpart for TF emissions, the owner or operator shall
determine the monthly average emissions (in lb/ton) from each potline
from at least three runs per potline each month for TF secondary
emissions using the procedures and methods in Secs. 63.847 and 63.849.
The owner or operator shall combine the results of secondary TF monthly
average emissions with the TF results for the primary control system and
divide total emissions by total aluminum production.
    (3) To determine compliance with the applicable emission limit in
Table 2 of this subpart for POM emissions, the owner or operator shall
determine the quarterly average emissions (in lb/ton) from each potline
from at least one run each month for POM emissions using the procedures
and methods in Secs. 63.847 and 63.849. The owner or operator shall
combine the results of secondary POM quarterly average emissions with
the POM results for the primary control system and divide total
emissions by total aluminum production.
    (c) Anode bake furnaces. The owner or operator may average TF
emissions from anode bake furnaces and demonstrate compliance with the
limits in Table 3 of this subpart using the procedures in paragraphs
(c)(1) and (c)(2) of this section. The owner or operator also may
average POM emissions from anode bake furnaces and demonstrate
compliance with the limits in Table 3 of this subpart using the
procedures in paragraphs (c)(1) and (c)(2) of this section.
    (1) Annual emissions of TF and/or POM from a given number of anode
bake furnaces making up each averaging group shall not exceed the
applicable emission limit in Table 3 of this subpart in any one year;
and
    (2) To determine compliance with the applicable emission limit in
Table 3 of this subpart for anode bake furnaces, the owner or operator
shall determine TF and/or POM emissions from the

[[Page 373]]

control device for each furnace at least once a year using the
procedures and methods in Secs. 63.847 and 63.849.
    (d) Implementation plan. The owner or operator shall develop and
submit an implementation plan for emission averaging to the applicable
regulatory authority for review and approval according to the following
procedures and requirements:
    (1) Deadlines. The owner or operator must submit the implementation
plan no later than 6 months before the date that the facility intends to
comply with the emission averaging limits.
    (2) Contents. The owner or operator shall include the following
information in the implementation plan or in the application for an
operating permit for all emission sources to be included in an emissions
average:
    (i) The identification of all emission sources (potlines or anode
bake furnaces) in the average;
    (ii) The assigned TF or POM emission limit for each averaging group
of potlines or anode bake furnaces;
    (iii) The specific control technology or pollution prevention
measure to be used for each emission source in the averaging group and
the date of its installation or application. If the pollution prevention
measure reduces or eliminates emissions from multiple sources, the owner
or operator must identify each source;
    (iv) The test plan for the measurement of TF or POM emissions in
accordance with the requirements in Sec. 63.847(b);
    (v) The operating parameters to be monitored for each control system
or device and a description of how the operating limits will be
determined;
    (vi) If the owner or operator requests to monitor an alternative
operating parameter pursuant to Sec. 63.848(l):
    (A) A description of the parameter(s) to be monitored and an
explanation of the criteria used to select the parameter(s); and
    (B) A description of the methods and procedures that will be used to
demonstrate that the parameter indicates proper operation of the control
device; the frequency and content of monitoring, reporting, and
recordkeeping requirements; and a demonstration, to the satisfaction of
the applicable regulatory authority, that the proposed monitoring
frequency is sufficient to represent control device operating
conditions; and
    (vii) A demonstration that compliance with each of the applicable
emission limit(s) will be achieved under representative operating
conditions.
    (3) Approval criteria. Upon receipt, the regulatory authority shall
review and approve or disapprove the plan or permit application
according to the following criteria:
    (i) Whether the content of the plan includes all of the information
specified in paragraph (d)(2) of this section; and
    (ii) Whether the plan or permit application presents sufficient
information to determine that compliance will be achieved and
maintained.
    (4) Prohibitions. The applicable regulatory authority shall not
approve an implementation plan or permit application containing any of
the following provisions:
    (i) Any averaging between emissions of differing pollutants or
between differing sources. Emission averaging shall not be allowed
between TF and POM, and emission averaging shall not be allowed between
potlines and bake furnaces;
    (ii) The inclusion of any emission source other than an existing
potline or existing anode bake furnace or the inclusion of any potline
or anode bake plant not subject to the same operating permit;
    (iii) The inclusion of any potline or anode bake furnace while it is
shut down; or
    (iv) The inclusion of any periods of startup, shutdown, or
malfunction, as described in the startup, shutdown, and malfunction plan
required by Sec. 63.850(c), in the emission calculations.
    (5) Term. Following review, the applicable regulatory authority
shall approve the plan or permit application, request changes, or
request additional information. Once the applicable regulatory authority
receives any additional information requested, the applicable regulatory
authority shall approve or disapprove the plan or permit application
within 120 days.

[[Page 374]]

    (i) The applicable regulatory authority shall approve the plan for
the term of the operating permit;
    (ii) To revise the plan prior to the end of the permit term, the
owner or operator shall submit a request to the applicable regulatory
authority; and
    (iii) The owner or operator may submit a request to the applicable
regulatory authority to implement emission averaging after the
applicable compliance date.
    (6) Operation. While operating under an approved implementation
plan, the owner or operator shall monitor the operating parameters of
each control system, keep records, and submit periodic reports as
required for each source subject to this subpart.



Sec. 63.847  Compliance provisions.

    (a) Compliance dates. The owner or operator of a primary aluminum
plant must comply with the requirements of this subpart by:
    (1) October 7, 1999, for an owner or operator of an existing plant
or source;
    (2) October 9, 2000, for an existing source, provided the owner or
operator demonstrates to the satisfaction of the applicable regulatory
authority that additional time is needed to install or modify the
emission control equipment;
    (3) October 8, 2001, for an existing source that is granted an
extension by the regulatory authority under section 112(i)(3)(B) of the
Act; or
    (4) Upon startup, for an owner or operator of a new or reconstructed
source.
    (b) Test plan. The owner or operator shall prepare a site-specific
test plan prior to the initial performance test according to the
requirements of Sec. 63.7(c) of this part. The test plan must include
procedures for conducting the initial performance test and for
subsequent performance tests required in Sec. 63.848 for emission
monitoring. In addition to the information required by Sec. 63.7, the
test plan shall include:
    (1) Procedures to ensure a minimum of three runs are performed
annually for the primary control system for each source;
    (2) For a source with a single control device exhausted through
multiple stacks, procedures to ensure that at least three runs are
performed annually by a representative sample of the stacks satisfactory
to the applicable regulatory authority;
    (3) For multiple control devices on a single source, procedures to
ensure that at least one run is performed annually for each control
device by a representative sample of the stacks satisfactory to the
applicable regulatory authority;
    (4) Procedures for sampling single stacks associated with multiple
anode bake furnaces;
    (5) For plants with roof scrubbers, procedures for rotating sampling
among the scrubbers or other procedures to obtain representative samples
as approved by the applicable regulatory authority;
    (6) For a VSS1 potline, procedures to ensure that one fan (or one
scrubber) per potline is sampled for each run;
    (7) For a SWPB potline, procedures to ensure that the average of the
sampling results for two fans (or two scrubbers) per potline is used for
each run; and
    (8) Procedures for establishing the frequency of testing to ensure
that at least one run is performed before the 15th of the month, at
least one run is performed after the 15th of the month, and that there
are at least 6 days between two of the runs during the month, or that
secondary emissions are measured according to an alternate schedule
satisfactory to the applicable regulatory authority.
    (c) Performance test dates. Following approval of the site-specific
test plan, the owner or operator must conduct a performance test to
demonstrate initial compliance according to the procedures in paragraph
(d) of this section. If a performance test has been conducted on the
primary control system for potlines or for the anode bake furnace within
the 12 months prior to the compliance date, the results of that
performance test may be used to demonstrate initial compliance. The
owner or operator must conduct the performance test:
    (1) During the first month following the compliance date for an
existing potline (or potroom group) or anode bake furnace;

[[Page 375]]

    (2) By the date determined according to the requirements in
paragraph (c)(2)(i), (ii), or (iii) of this section for a new or
reconstructed potline, anode bake furnace, or pitch storage tank (for
which the owner or operator elects to conduct an initial performance
test):
    (i) By the 180th day following startup for a potline or potroom
group. The 180-day period starts when the first pot in a potline or
potroom group is energized.
    (ii) By the 45th day from the start of the second anode bake cycle
(but no later than the 180th day from the startup of the anode bake
furnace).
    (iii) By the 30th day following startup for a pitch storage tank.
The 30-day period starts when the tank is first used to store pitch.
    (3) By the date determined according to the requirements in
paragraph (c)(3)(i) or (ii) of this section for an existing potline or
anode bake furnace that was shut down at the time compliance would have
otherwise been required and is subsequently restarted:
    (i) By the 180th day following startup for a potline or potroom
group. The 180-day period starts when the first pot in a potline or
potroom group is energized.
    (ii) By the 45th day from the start of the second anode bake cycle
(but no later than the 180th day from the startup of the anode bake
furnace).
    (d) Performance test requirements. The initial performance test and
all subsequent performance tests shall be conducted in accordance with
the requirements of the general provisions in subpart A of this part,
the approved test plan, and the procedures in this section.
    (1) TF emissions from potlines. For each potline, the owner or
operator shall measure and record the emission rate of TF exiting the
outlet of the primary control system for each potline and the rate of
secondary emissions exiting through each roof monitor, or for a plant
with roof scrubbers, exiting through the scrubbers. Using the equation
in paragraph (e)(1) of this section, the owner or operator shall compute
and record the average of at least three runs each month for secondary
emissions and at least three runs each year for the primary control
system to determine compliance with the applicable emission limit.
Compliance is demonstrated when the emission rate of TF is equal to or
less than the applicable emission limit in Sec. 63.843, Sec. 63.844, or
Sec. 63.846.
    (2) POM emissions from Soderberg potlines. For each Soderberg (HSS,
VSS1, and VSS2) potline, the owner or operator shall measure and record
the emission rate of POM exiting the primary emission control system and
the rate of secondary emissions exiting through each roof monitor, or
for a plant with roof scrubbers, exiting through the scrubbers. Using
the equation in paragraph (e)(2) of this section, the owner or operator
shall compute and record the average of at least three runs each quarter
(one run per month) for secondary emissions and at least three runs each
year for the primary control system to determine compliance with the
applicable emission limit. Compliance is demonstrated when the emission
rate of POM is equal to or less than the applicable emission limit in
Sec. 63.843, Sec. 63.844, or Sec. 63.846.
    (3) Previous control device tests. If the owner or operator has
performed more than one test of primary emission control device(s) for a
potline or for a bake furnace during the previous consecutive 12 months,
the average of all runs performed in the previous 12-month period shall
be used to determine the contribution from the primary emission control
system.
    (4) TF and POM emissions from anode bake furnaces. For each anode
bake furnace, the owner or operator shall measure and record the
emission rate of TF and POM exiting the exhaust stacks(s) of the primary
emission control system for each anode bake furnace. Using the equations
in paragraphs (e)(3) and (e)(4) of this section, the owner or operator
shall compute and record the average of at least three runs each year to
determine compliance with the applicable emission limits for TF and POM.
Compliance is demonstrated when the emission rates of TF and POM are
equal to or less than the applicable TF and POM emission limits in
Sec. 63.843, Sec. 63.844, or Sec. 63.846.
    (e) Equations. The owner or operator shall determine compliance with
the applicable TF and POM emission limits

[[Page 376]]

using the following equations and procedures:
    (1) Compute the emission rate (Ep) of TF from each
potline using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR07OC97.006

Where:

Ep = emission rate of TF from a potline, kg/Mg (lb/ton);
Cs1 = concentration of TF from the primary control system,
          mg/dscm (mg/dscf);
Qsd = volumetric flow rate of effluent gas corresponding to
          the appropriate subscript location, dscm/hr (dscf/hr);
Cs2 = concentration of TF as measured for roof monitor
          emissions, mg/dscm (mg/dscf);
P=aluminum production rate, Mg/hr (ton/hr);
K=conversion factor, 10\6\ mg/kg (453,600 mg/lb);
1 = subscript for primary control system effluent gas; and
2 = subscript for secondary control system or roof monitor
          effluent gas.

    (2) Compute the emission rate of POM from each potline using
Equation 1,

Where:

Ep = emission rate of POM from the potline, kg/mg (lb/ton);
          and
Cs = concentration of POM, mg/dscm (mg/dscf). POM emission
          data collected during the installation and startup of a
          cathode shall not be included in Cs.

    (3) Compute the emission rate (Eb) of TF from each anode
bake furnace using Equation 2,
[GRAPHIC] [TIFF OMITTED] TR07OC97.007

Where:

Eb = emission rate of TF, kg/mg (lb/ton) of green anodes
          produced;
Cs = concentration of TF, mg/dscm (mg/dscf);
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
          hr);
Pb = quantity of green anode material placed in the furnace,
          mg/hr (ton/hr); and
K = conversion factor, 10\6\ mg/kg (453,600 mg/lb).

    (4) Compute the emission rate of POM from each anode bake furnace
using Equation 2,

Where:

Cs = concentration of POM, mg/dscm (mg/dscf).

    (5) Determine the weight of the aluminum tapped from the potline and
the weight of the green anode material placed in the anode bake furnace
using the monitoring devices required in Sec. 63.848(j).
    (6) Determine the aluminum production rate (P) by dividing the
number of hours in the calendar month into the weight of aluminum tapped
from the potline during the calendar month that includes the three runs
of a performance test.
    (7) Determine the rate of green anode material introduced into the
furnace by dividing the number of operating hours in the calendar month
into the weight of green anode material used during the calendar month
in which the performance test was conducted.
    (f) Paste production plants. Initial compliance with the standards
for existing and new paste production plants in Secs. 63.843(b) and
63.844(b) will be demonstrated through site inspection(s) and review of
site records by the applicable regulatory authority.
    (g) Pitch storage tanks. The owner or operator shall demonstrate
initial compliance with the standard for pitch storage tanks in
Sec. 63.844(d) by preparing a design evaluation or by conducting a

[[Page 377]]

performance test. The owner or operator shall submit for approval by the
regulatory authority the information specified in paragraph (g)(1) of
this section, along with the information specified in paragraph (g)(2)
of this section where a design evaluation is performed or the
information specified in paragraph (g)(3) of this section where a
performance test is conducted.
    (1) A description of the parameters to be monitored to ensure that
the control device is being properly operated and maintained, an
explanation of the criteria used for selection of that parameter (or
parameters), and the frequency with which monitoring will be performed;
and
    (2) Where a design evaluation is performed, documentation
demonstrating that the control device used achieves the required control
efficiency during reasonably expected maximum filling rate. The
documentation shall include a description of the gas stream that enters
the control device, including flow and POM content under varying liquid
level conditions, and the information specified in paragraphs (g)(2)(i)
through (g)(2)(vi) of this section, as applicable.
    (i) If the control device receives vapors, gases, or liquids, other
than fuels, from emission points other than pitch storage tanks, the
efficiency demonstration is to include consideration of all vapors,
gases, and liquids, other than fuels, received by the control device;
    (ii) If an enclosed combustion device with a minimum residence time
of 0.5 seconds and a minimum temperature of 760  deg.C (1,400  deg.F) is
used to meet the emission reduction requirement specified in
Sec. 83.844(d), documentation that those conditions exist is sufficient
to meet the requirements of Sec. 83.844(d);
    (iii) Except as provided in paragraph (g)(2)(ii) of this section,
for thermal incinerators, the design evaluation shall include the
autoignition temperature of the organic HAP, the flow rate of the
organic HAP emission stream, the combustion temperature, and the
residence time at the combustion temperature;
    (iv) If the pitch storage tank is vented to the emission control
system installed for control of emissions from the paste production
plant pursuant to Sec. 63.843(b), documentation of compliance with the
requirements of Sec. 63.843(b) is sufficient to meet the requirements of
Sec. 63.844(d);
    (v) For carbon adsorbers, the design evaluation shall include the
affinity of the organic vapors for carbon, the amount of carbon in each
bed, the number of beds, the humidity of the feed gases, the temperature
of the feed gases, the flow rate of the organic HAP emission stream, and
if applicable, the desorption schedule, the regeneration stream pressure
or temperature, and the flow rate of the regeneration stream. For vacuum
desorption, the pressure drop shall be included; and
    (vi) For condensers, the design evaluation shall include the final
temperature of the organic HAP vapors, the type of condenser, and the
design flow rate of the organic HAP emission stream.
    (3) If a performance test is conducted, the owner or operator shall
determine the control efficiency for POM during tank loading using
Method 315 in appendix A to this part. The owner or operator shall
include the following information:
    (i) Identification of the pitch storage tank and control device for
which the performance test will be submitted; and
    (ii) Identification of the emission point(s) that share the control
device with the pitch storage tank and for which the performance test
will be conducted.
    (h) Selection of monitoring parameters. The owner or operator shall
determine the operating limits and monitoring frequency for each control
device that is to be monitored as required in Sec. 63.848(f).
    (1) For potlines and anode bake furnaces, the owner or operator
shall determine upper and/or lower operating limits, as appropriate, for
each monitoring device for the emission control system from the values
recorded during each of the runs performed during the initial
performance test and from historical data from previous performance
tests conducted by the methods specified in this subpart.
    (2) For a paste production plant, the owner or operator shall
specify and

[[Page 378]]

provide the basis or rationale for selecting parameters to be monitored
and the associated operating limits for the emission control device.
    (3) The owner or operator may redetermine the upper and/or lower
operating limits, as appropriate, based on historical data or other
information and submit an application to the applicable regulatory
authority to change the applicable limit(s). The redetermined limits
shall become effective upon approval by the applicable regulatory
authority.

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



Sec. 63.848  Emission monitoring requirements.

    (a) TF emissions from potlines. Using the procedures in Sec. 63.847
and in the approved test plan, the owner or operator shall monitor
emissions of TF from each potline by conducting monthly performance
tests. The owner or operator shall compute and record the monthly
average from at least three runs for secondary emissions and the
previous 12-month average of all runs for the primary control system to
determine compliance with the applicable emission limit. The owner or
operator must include all valid runs in the monthly average. The
duration of each run for secondary emissions must represent a complete
operating cycle.
    (b) POM emissions from Soderberg potlines. Using the procedures in
Sec. 63.847 and in the approved test plan, the owner or operator shall
monitor emissions of POM from each Soderberg (HSS, VSS1, and VSS2)
potline every three months. The owner or operator shall compute and
record the quarterly (3-month) average from at least one run per month
for secondary emissions and the previous 12-month average of all runs
for the primary control systems to determine compliance with the
applicable emission limit. The owner or operator must include all valid
runs in the quarterly (3-month) average. The duration of each run for
secondary emissions must represent a complete operating cycle. The
primary control system must be sampled over an 8-hour period, unless
site-specific factors dictate an alternative sampling time subject to
the approval of the regulatory authority.
    (c) TF and POM emissions from anode bake furnaces. Using the
procedures in Sec. 63.847 and in the approved test plan, the owner or
operator shall monitor TF and POM emissions from each anode bake furnace
on an annual basis. The owner or operator shall compute and record the
annual average of TF and POM emissions from at least three runs to
determine compliance with the applicable emission limits. The owner or
operator must include all valid runs in the annual average.
    (d) Similar potlines. As an alternative to monthly monitoring of TF
or POM secondary emissions from each potline using the test methods in
Sec. 63.849, the owner or operator may perform monthly monitoring of TF
or POM secondary emissions from one potline using the test methods in
Secs. 63.849 (a) or (b) to represent the performance of similar
potline(s). The similar potline(s) shall be monitored using an
alternative method that meets the requirements of paragraphs (d)(1)
through (d)(7) of this section. Two or more potlines are similar if the
owner or operator demonstrates that their structure, operability, type
of emissions, volume of emissions, and concentration of emissions are
substantially equivalent.
    (1) To demonstrate (to the satisfaction of the regulatory authority)
that the level of emission control performance is the same or better,
the owner or operator shall perform an emission test using an
alternative monitoring procedure for the similar potline simultaneously
with an emission test using the applicable test methods. The results of
the emission test using the applicable test methods must be in
compliance with the applicable emission limit for existing or new
potlines in Sec. 63.843 or Sec. 63.844. An alternative method:
    (i) For TF emissions, must account for or include gaseous fluoride
and cannot be based on measurement of particulate matter or particulate
fluoride alone; and
    (ii) For TF and POM emissions, must meet or exceed Method 14
criteria.

[[Page 379]]

    (2) An HF continuous emission monitoring system is an approved
alternative for the monitoring of TF secondary emissions.
    (3) An owner or operator electing to use an alternative monitoring
procedure shall establish an alternative emission limit based on at
least nine simultaneous runs using the applicable test methods and the
alternative monitoring method. All runs must represent a full process
cycle.
    (4) The owner or operator shall derive an alternative emission limit
for the HF continuous emission monitor or an alternative method using
either of the following procedures:
    (i) Use the highest value from the alternative method associated
with a simultaneous run by the applicable test method that does not
exceed the applicable emission limit; or
    (ii) Correlate the results of the two methods (the applicable test
method results and the alternative monitoring method results) and
establish an emission limit for the alternative monitoring system that
corresponds to the applicable emission limit.
    (5) The owner or operator shall submit the results required in
paragraph (d)(4) of this section and all supporting documentation to the
applicable regulatory authority for review and approval.
    (6) The regulatory authority shall review and approve or disapprove
the request for an alternative method and alternative emission limit.
The criterion for approval shall be a demonstration (to the satisfaction
of the regulatory authority) that the alternative method and alternative
emission limit achieve a level of emission control that is the same as
or better than the level that would have otherwise been achieved by the
applicable method and emission limit.
    (7) If the alternative method is approved by the applicable
regulatory authority, the owner or operator shall perform monthly
emission monitoring using the approved alternative monitoring procedure
to demonstrate compliance with the alternative emission limit for each
similar potline.
    (e) Reduced sampling frequency. The owner or operator may submit a
written request to the applicable regulatory authority to establish an
alternative testing requirement to reduce the sampling of secondary TF
emissions from potlines from monthly to quarterly.
    (1) In the request, the owner or operator shall provide information
and data demonstrating, to the satisfaction of the applicable regulatory
authority, that secondary emissions of TF from potlines have low
variability during normal operations using the procedures in paragraphs
(e)(1)(i) or (e)(1)(ii) of this section.
    (i) Submit data from 24 consecutive months of sampling that show the
average TF emissions are less than 60 percent of the applicable limit
and that no monthly performance test in the 24 months of sampling
exceeds 75 percent of the applicable limit; or
    (ii) Submit data and a statistical analysis that the regulatory
authority may evaluate based on the approach used in ``Primary Aluminum:
Statistical Analysis of Potline Fluoride Emissions and Alternative
Sampling Frequency'' (EPA-450-86-012, October 1986), which is available
from the National Technical Information Service (NTIS), 5285 Port Royal
Road, Springfield, VA 22161.
    (2) An approved alternative requirement must include a test schedule
and the method to be used to measure emissions for performance tests.
    (3) The owner or operator of a plant that has received approval of
an alternative sampling frequency under Sec. 60.194 of this chapter is
deemed to have approval of the alternative sampling frequency under this
subpart.
    (4) If emissions in excess of the applicable TF limit occur while
performing quarterly sampling approved under paragraph (e)(1)(i) of this
section, the owner or operator shall return to monthly sampling for at
least 12 months and may reduce to quarterly sampling when:
    (i) The average of all tests performed over the most recent 24-month
period does not exceed 60 percent of the applicable limit, and
    (ii) No more than one monthly performance test in the most recent
24-month period exceeds 75 percent of the applicable limit.

[[Page 380]]

    (5) If emissions in excess of the applicable TF limit occur while
performing quarterly sampling approved under paragraph (e)(1)(ii) of
this section, the owner or operator shall immediately return to the
monthly sampling schedule required by paragraph (a) of this section
until another request for an alternative sampling frequency is approved
by the applicable regulatory authority.
    (f) Monitoring parameters for emission control devices. The owner or
operator shall install, operate, calibrate, and maintain a continuous
parameter monitoring system for each emission control device. The owner
or operator shall submit for approval by the regulatory authority a
description of the parameter(s) to be monitored, the operating limits,
and the monitoring frequency to ensure that the control device is being
properly operated and maintained. An explanation of the criteria used
for selection of the parameter(s), the operating limits, and the
monitoring frequency, including how these relate to emission control
also shall be submitted to the regulatory authority. Except as provided
in paragraph (l) of this section, the following monitoring devices shall
be installed:
    (1) For dry alumina scrubbers, devices for the measurement of
alumina flow and air flow;
    (2) For dry coke scrubbers, devices for the measurement of coke flow
and air flow;
    (3) For wet scrubbers as the primary control system, devices for the
measurement of water flow and air flow;
    (4) For electrostatic precipitators, devices for the measurement of
voltage and secondary current; and
    (5) For wet roof scrubbers for secondary emission control:
    (i) A device for the measurement of total water flow; and
    (ii) The owner or operator shall inspect each control device at
least once each operating day to ensure the control device is operating
properly and record the results of each inspection.
    (g) Visible emissions. The owner or operator shall visually inspect
the exhaust stack(s) of each control device on a daily basis for
evidence of any visible emissions indicating abnormal operation.
    (h) Corrective action. If a monitoring device for a primary control
device measures an operating parameter outside the limit(s) established
pursuant to Sec. 63.847(h), if visible emissions indicating abnormal
operation are observed from the exhaust stack of a control device during
a daily inspection, or if a problem is detected during the daily
inspection of a wet roof scrubber for potline secondary emission
control, the owner or operator shall initiate corrective action
procedures within 1 hour. Failure to initiate the corrective action
procedures within 1 hour or to take the necessary corrective actions to
remedy the problem is a violation.
    (i) Exceedances. If the limit for a given operating parameter
associated with monitoring a specific control device is exceeded six
times in any semiannual reporting period, then any subsequent exceedance
in that reporting period is a violation. For the purpose of determining
the number of exceedances, no more than one exceedance shall be
attributed in any given 24-hour period.
    (j) Weight of aluminum and green anodes. The owner or operator of a
new or existing potline or anode bake furnace shall install, operate,
and maintain a monitoring device to determine the daily weight of
aluminum produced and the weight of green anode material placed in the
anode bake furnace. The weight of green anode material may be determined
by monitoring the weight of all anodes or by monitoring the number of
anodes placed in the furnace and determining an average weight from
measurements of a representative sample of anodes.
    (k) Accuracy and calibration. The owner or operator shall submit
recommended accuracy requirements to the regulatory authority for review
and approval. All monitoring devices required by this section must be
certified by the owner or operator to meet the accuracy requirements and
must be calibrated in accordance with the manufacturer's instructions.
    (l) Alternative operating parameters. The owner or operator may
monitor alternative control device operating parameters subject to prior
written approval by the applicable regulatory authority.

[[Page 381]]

    (m) Other control systems. An owner or operator using a control
system not identified in this section shall request that the applicable
regulatory authority include the recommended parameters for monitoring
in the facility's part 70 permit.

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



Sec. 63.849  Test methods and procedures.

    (a) The owner or operator shall use the following reference methods
to determine compliance with the applicable emission limits for TF and
POM emissions:
    (1) Method 1 in appendix A to part 60 of this chapter for sample and
velocity traverses;
    (2) Method 2 in appendix A to part 60 of this chapter for velocity
and volumetric flow rate;
    (3) Method 3 in appendix A to part 60 of this chapter for gas
analysis;
    (4) Method 13A or Method 13B in appendix A to part 60 of this
chapter, or an approved alternative, for the concentration of TF where
stack or duct emissions are sampled;
    (5) Method 13A or Method 13B and Method 14 or Method 14A in appendix
A to part 60 of this chapter or an approved alternative method for the
concentration of TF where emissions are sampled from roof monitors not
employing wet roof scrubbers;
    (6) Method 315 in appendix A to this part or an approved alternative
method for the concentration of POM where stack or duct emissions are
sampled; and
    (7) Method 315 in appendix A to this part and Method 14 in appendix
A to part 60 of this chapter or an approved alternative method for the
concentration of POM where emissions are sampled from roof monitors not
employing wet roof scrubbers.
    (b) The owner or operator of a VSS potline or a SWPB potline
equipped with wet roof scrubbers for the control of secondary emissions
shall use methods that meet the intent of the sampling requirements of
Method 14 in appendix A to part 60 of this chapter and that are approved
by the State. Sample analysis shall be performed using Method 13A or
Method 13B in appendix A to part 60 of this chapter for TF, Method 315
in appendix A to this part for POM, or an approved alternative method.
    (c) Except as provided in Sec. 63.845(g)(1), references to
``potroom'' or ``potroom group'' in Method 14 in appendix A to part 60
of this chapter shall be interpreted as ``potline'' for the purposes of
this subpart.
    (d) For sampling using Method 14 in appendix A to part 60 of this
chapter, the owner or operator shall install one Method 14 manifold per
potline in a potroom that is representative of the entire potline, and
this manifold shall meet the installation requirements specified in
section 2.2.1 of Method 14 in appendix A to part 60 of this chapter.
    (e) The owner or operator may use an alternative test method for TF
or POM emissions providing:
    (1) The owner or operator has already demonstrated the equivalency
of the alternative method for a specific plant and has received previous
approval from the Administrator or the applicable regulatory authority
for TF or POM measurements using the alternative method; or
    (2) The owner or operator demonstrates to the satisfaction of the
applicable regulatory authority that the results from the alternative
method meet the criteria specified in Secs. 63.848(d)(1) and (d)(3)
through (d)(6). The results from the alternative method shall be based
on simultaneous sampling using the alternative method and the following
reference methods:
    (i) For TF, Methods 13 and 14 or Method 14A in appendix A to part 60
of this chapter; or
    (ii) For POM, Method 315 in appendix A to this part and Method 14 in
appendix A to part 60 of this chapter.



Sec. 63.850  Notification, reporting, and recordkeeping requirements.

    (a) Notifications. The owner or operator shall submit the following
written notifications:
    (1) Notification for an area source that subsequently increases its
emissions such that the source is a major source subject to the
standard;
    (2) Notification that a source is subject to the standard, where the
initial startup is before the effective date of the standard;

[[Page 382]]

    (3) Notification that a source is subject to the standard, where the
source is new or has been reconstructed, the initial startup is after
the effective date of the standard, and for which an application for
approval of construction or reconstruction is not required;
    (4) Notification of intention to construct a new major source or
reconstruct a major source; of the date construction or reconstruction
commenced; of the anticipated date of startup; of the actual date of
startup, where the initial startup of a new or reconstructed source
occurs after the effective date of the standard, and for which an
application for approval of construction or reconstruction is required
[see Secs. 63.9(b)(4) and (b)(5)];
    (5) Notification of initial performance test;
    (6) Notification of initial compliance status;
    (7) One-time notification for each affected source of the intent to
use an HF continuous emission monitor;
    (8) Notification of compliance approach. The owner or operator shall
develop and submit to the applicable regulatory authority, if requested,
an engineering plan that describes the techniques that will be used to
address the capture efficiency of the reduction cells for gaseous
hazardous air pollutants in compliance with the emission limits in
Secs. 63.843, 63.844, and 63.846; and
    (9) One-time notification of startup of an existing potline or
potroom group, anode bake furnace, or paste production plant that was
shut down for a long period and subsequently restarted. The owner or
operator must provide written notice to the Administrator at least 30
days before the startup.
    (b) Performance test reports. The owner or operator shall report the
results of the initial performance test as part of the notification of
compliance status required in paragraph (a)(6) of this section. Except
as provided in paragraph (d) of this section, the owner or operator
shall submit a summary of all subsequent performance tests to the
applicable regulatory authority on an annual basis.
    (c) Startup, shutdown, and malfunction plan and reports. The owner
or operator shall develop a written plan as described in Sec. 63.6(e)(3)
that contains specific procedures to be followed for operating the
source and maintaining the source during periods of startup, shutdown,
and malfunction and a program of corrective action for malfunctioning
process and control systems used to comply with the standards. The plan
does not have to be submitted with the permit application or included in
the operating permit. The permitting authority may review the plan upon
request. In addition to the information required in Sec. 63.6(e)(3), the
plan shall include:
    (1) Procedures, including corrective actions, to be followed if a
monitoring device measures an operating parameter outside the limit(s)
established under Sec. 63.847(h), if visible emissions from an exhaust
stack indicating abnormal operation of a control device are observed by
the owner or operator during the daily inspection required in
Sec. 63.848(g), or if a problem is detected during the daily inspection
of a wet roof scrubber for potline secondary emission control required
in Sec. 63.848(f)(5)(ii); and
    (2) The owner or operator shall also keep records of each event as
required by Sec. 63.10(b) and record and report if an action taken
during a startup, shutdown, or malfunction is not consistent with the
procedures in the plan as described in Sec. 63.6(e)(3)(iv).
    (d) Excess emissions report. As required by Sec. 63.10(e)(3), the
owner or operator shall submit a report (or a summary report) if
measured emissions are in excess of the applicable standard. The report
shall contain the information specified in Sec. 63.10(e)(3)(v) and be
submitted semiannually unless quarterly reports are required as a result
of excess emissions.
    (e) Recordkeeping. The owner or operator shall maintain files of all
information (including all reports and notifications) required by
Sec. 63.10(b) and by this subpart.
    (1) The owner or operator must retain each record for at least 5
years following the date of each occurrence, measurement, maintenance,
corrective action, report, or record. The most recent 2 years of records
must be retained at the facility. The remaining 3

[[Page 383]]

years of records may be retained offsite;
    (2) The owner or operator may retain records on microfilm, on a
computer, on computer disks, on magnetic tape, or on microfiche;
    (3) The owner or operator may report required information on paper
or on a labeled computer disc using commonly available and compatible
computer software; and
    (4) In addition to the general records required by Sec. 63.10(b),
the owner or operator shall maintain records of the following
information:
    (i) Daily production rate of aluminum;
    (ii) Daily production rate of green anode material placed in the
anode bake furnace;
    (iii) A copy of the startup, shutdown, and malfunction plan;
    (iv) Records of design information for paste production plant
capture systems;
    (v) Records of design information for an alternative emission
control device for a paste production plant;
    (vi) Records supporting the monitoring of similar potlines
demonstrating that the performance of similar potlines is the same as or
better than that of potlines sampled by manual methods;
    (vii) Records supporting a request for reduced sampling of potlines;
    (viii) Records supporting the correlation of emissions measured by a
continuous emission monitoring system to emissions measured by manual
methods and the derivation of the alternative emission limit derived
from the measurements;
    (ix) The current implementation plan for emission averaging and any
subsequent amendments;
    (x) Records, such as a checklist or the equivalent, demonstrating
that the daily inspection of a potline with wet roof scrubbers for
secondary emission control has been performed as required in
Sec. 63.848(f)(5)(ii), including the results of each inspection;
    (xi) Records, such as a checklist or the equivalent, demonstrating
that the daily visual inspection of the exhaust stack for each control
device has been performed as required in Sec. 63.848(g), including the
results of each inspection;
    (xii) For a potline equipped with an HF continuous emission monitor,
records of information and data required by Sec. 63.10(c);
    (xiii) Records documenting the corrective actions taken when the
limit(s) for an operating parameter established under Sec. 63.847(h)
were exceeded, when visible emissions indicating abnormal operation were
observed from a control device stack during a daily inspection required
under Sec. 63.848(g), or when a problem was detected during the daily
inspection of a wet roof scrubber for potline secondary control required
in Sec. 63.848(f)(5)(ii);
    (xiv) Records documenting any POM data that are invalidated due to
the installation and startup of a cathode; and
    (xv) Records documenting the portion of TF that is measured as
particulate matter and the portion that is measured as gaseous when the
particulate and gaseous fractions are quantified separately using an
approved test method.

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



Sec. 63.851  Regulatory authority review procedures.

    (a) The applicable regulatory authority shall notify the owner or
operator in writing of the need for additional time to review the
submissions in paragraphs (a)(1) through (a)(5) of this section or of
approval or intent to deny approval of the submissions in paragraphs
(a)(1) through (a)(5) of this section within 60 calendar days after
receipt of sufficient information to evaluate the submission. The 60-day
period begins after the owner or operator has been notified that the
submission is complete.
    (1) The test plan in Sec. 63.847(b);
    (2) Request to change limits for operating parameters in
Sec. 63.847(h)(3);
    (3) Request for similar potline monitoring in Sec. 63.848(d)(5);
    (4) Request for reduced sampling frequency in Sec. 63.848(e); and
    (5) Request for an alternative method in Sec. 63.849(e)(2).
    (b) The applicable regulatory authority shall notify the owner or
operator in writing whether the submission is complete within 30
calendar days of receipt of the original submission or

[[Page 384]]

within 30 days of receipt of any supplementary information that is
submitted. When a submission is incomplete, the applicable regulatory
authority shall specify the information needed to complete the
submission and shall give the owner or operator 30 calendar days after
receipt of the notification to provide the information.



Sec. 63.852  Applicability of general provisions.

    The requirements of the general provisions in subpart A of this part
that are not applicable to the owner or operator subject to the
requirements of this subpart are shown in appendix A of this subpart.



Sec. 63.853  Implementation and enforcement.

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

[68 FR 37354, June 23, 2003]



Secs. 63.854-63.859  [Reserved]



 Sec. Table 1 to Subpart LL of Part 63--Potline TF Limits for Emission
                                Averaging

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Monthly TF limit (1b/ton) [for given number of potlines]
                            Type                             -------------------------------------------------------------------------------------------
                                                                 2 lines      3 lines      4 lines      5 lines      6 lines      7 lines      8 lines
--------------------------------------------------------------------------------------------------------------------------------------------------------
CWPB1.......................................................           1.7          1.6          1.5          1.5          1.4          1.4          1.4
CWPB2.......................................................           2.9          2.8          2.7          2.7          2.6          2.6          2.6
CWPB3.......................................................           2.3          2.2          2.2          2.1          2.1          2.1          2.1
VSS1........................................................           2            1.9          1.8          1.7          1.7          1.7          1.7
VSS2........................................................           2.6          2.5          2.5          2.4          2.4          2.4          2.4
HSS.........................................................           2.5          2.4          2.4          2.3          2.3          2.3          2.3
SWPB........................................................           1.4          1.3          1.3          1.2          1.2          1.2          1.2
--------------------------------------------------------------------------------------------------------------------------------------------------------



 Sec. Table 2 to Subpart LL of Part 63--Potline POM Limits for Emission
                                Averaging

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Quarterly POM limit (lb/ton) [for given number of potlines]
                             Type                             ------------------------------------------------------------------------------------------
                                                                 2 lines      3 lines      4 lines      5 lines      6 lines      7 lines      8 lines
--------------------------------------------------------------------------------------------------------------------------------------------------------
HSS..........................................................          4.1          3.8          3.7          3.5          3.5          3.4          3.3
VSS1.........................................................          2.1          2.0          1.9          1.9          1.8          1.8          1.8
VSS2.........................................................          5.0          4.7          4.5          4.4          4.3          4.2          4.1
--------------------------------------------------------------------------------------------------------------------------------------------------------


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

[[Page 385]]



  Sec. Table 3 to Subpart LL of Part 63--Anode Bake Furnace Limits for
                           Emission Averaging

------------------------------------------------------------------------
                                               Emission limit (lb/ton of
                                                         anode)
              Number of furnaces              --------------------------
                                                    TF           POM
------------------------------------------------------------------------
2............................................         0.11          0.17
3............................................         0.090         0.17
4............................................         0.077         0.17
5............................................         0.070         0.17
------------------------------------------------------------------------



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

                                           [40 CFR part 63, subpart A]
----------------------------------------------------------------------------------------------------------------
     General provisions citation            Requirement          Applies to subpart LL           Comment
----------------------------------------------------------------------------------------------------------------
63.1(c)(2)..........................  .......................  No......................  All are major sources.
63.2 Definition of                    .......................  No......................  Subpart LL defines
 ``reconstruction''.                                                                      ``reconstruction.''
63.6(c)(1)..........................  Compliance date for      No......................  Subpart LL specifies
                                       existing sources.                                  compliance date for
                                                                                          existing sources.
63.6(h).............................  Opacity/VE standards...  Only in Sec. 63.845....  Opacity standards
                                                                                          applicable only when
                                                                                          incorporating the NSPS
                                                                                          requirements under
                                                                                          Sec. 63.845.
63.7(a)(2)(ii) and (iii)............  Performance testing      No......................  Subpart LL specifies
                                       requirements.                                      performance test
                                                                                          dates.
63.8(c)(4)-(c)(8)...................  CMS operation and        No......................  Subpart LL does not
                                       maintenance.                                       require COMS/CMS or
                                                                                          CMS performance
                                                                                          specifications.
63.8(d).............................  Quality control........  No......................  Subpart LL does not
                                                                                          require CMS or CMS
                                                                                          performance
                                                                                          evaluation.
63.8(e).............................  Performance evaluation   No
                                       for CMS.
63.9(b)(1)-(5)......................  Initial notifications..  Yes, except as noted in   Sec. 63.850(a)(9)
                                                                ``comment'' column.       includes requirement
                                                                                          for startup of an
                                                                                          existing affected
                                                                                          source that has been
                                                                                          shut down.
63.9(e).............................  Notification of          No......................  Subpart LL specifies
                                       performance test.                                  notification of
                                                                                          performance tests.
63.9(f).............................  Notification of VE or    Only in Sec. 63.845....  Notification is
                                       opacity test.                                      required only when
                                                                                          incorporating the NSPS
                                                                                          requirements under
                                                                                          Sec. 63.845.
63.9(g).............................  Additional CMS           No
                                       notification.
63.10(d)(2).........................  Performance test         No......................  Subpart LL specifies
                                       reports.                                           performance test
                                                                                          reporting.
63.10(d)(3).........................  Reporting VE/opacity     Only in Sec. 63.845....  Reporting is required
                                       observations.                                      only when
                                                                                          incorporating the NSPS
                                                                                          requirements under
                                                                                          Sec. 63.845.
63.10(e)(2).........................  Reporting performance    No......................  Subpart LL does not
                                       evaluations.                                       require performance
                                                                                          evaluation for CMS.
63.11(a)-(b)........................  Control device           No......................  Flares not applicable.
                                       requirements.
----------------------------------------------------------------------------------------------------------------


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



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

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



Sec. 63.860  Applicability and designation of affected source.

    (a) The requirements of this subpart apply to the owner or operator
of each kraft, soda, sulfite, or stand-alone semichemical pulp mill that
is a major source of hazardous air pollutants (HAP) emissions as defined
in Sec. 63.2.

[[Page 386]]

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

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



Sec. 63.861  Definitions.

    All terms used in this subpart are defined in the Clean Air Act, in
subpart A of this part, or in this section. For the purposes of this
subpart, if the same term is defined in subpart A or any other subpart
of this part and in this section, it must have the meaning given in this
section.
    Bag leak detection system means an instrument that is capable of
monitoring PM loadings in the exhaust of a fabric filter in order to
detect bag failures. A bag leak detection system includes, but is not
limited to, an instrument that operates on triboelectric, light
scattering, light transmittance, or other principle to monitor relative
PM loadings.
    Black liquor means spent cooking liquor that has been separated from
the pulp produced by the kraft, soda, or semichemical pulping process.
    Black liquor gasification means the thermochemical conversion of
black liquor into a combustible gaseous product.
    Black liquor oxidation (BLO) system means the vessels used to
oxidize the black liquor, with air or oxygen, and the associated storage
tank(s).
    Black liquor solids (BLS) means the dry weight of the solids in the
black liquor that enters the recovery furnace or semichemical combustion
unit.
    Black liquor solids firing rate means the rate at which black liquor
solids are fed to the recovery furnace or the semichemical combustion
unit.
    Chemical recovery combustion source means any source in the chemical
recovery area of a kraft, soda, sulfite or stand-alone semichemical pulp
mill that is an NDCE recovery furnace, a DCE recovery furnace system, a
smelt dissolving tank, a lime kiln, a sulfite combustion unit, or a
semichemical combustion unit.
    Chemical recovery system means all existing DCE and NDCE recovery
furnaces, smelt dissolving tanks, and lime kilns at a kraft or soda pulp
mill. Each existing recovery furnace, smelt dissolving tank, or lime
kiln is considered a process unit within a chemical recovery system.
    Direct contact evaporator (DCE) recovery furnace means a kraft or
soda recovery furnace equipped with a direct contact evaporator that
concentrates strong black liquor by direct contact between the hot
recovery furnace exhaust gases and the strong black liquor.
    Direct contact evaporator (DCE) recovery furnace system means a
direct contact evaporator recovery furnace and any black liquor
oxidation system, if present, at the pulp mill.
    Dry electrostatic precipitator (ESP) system means an electrostatic
precipitator with a dry bottom (i.e., no black liquor, water, or other
fluid is used in the ESP bottom) and a dry particulate matter return
system (i.e., no black liquor,

[[Page 387]]

water, or other fluid is used to transport the collected PM to the mix
tank).
    Fabric filter means an air pollution control device used to capture
PM by filtering a gas stream through filter media; also known as a
baghouse.
    Hazardous air pollutants (HAP) metals means the sum of all emissions
of antimony, arsenic, beryllium, cadmium, chromium, cobalt, lead,
manganese, mercury, nickel, and selenium as measured by EPA Method 29
(40 CFR part 60, appendix A) and with all nondetect data treated as one-
half of the method detection limit.
    Hog fuel dryer means the equipment that combusts fine particles of
wood waste (hog fuel) in a fluidized bed and directs the heated exhaust
stream to a rotary dryer containing wet hog fuel to be dried prior to
combustion in the hog fuel boiler at Weyerhaeuser Paper Company's
Cosmopolis, Washington facility. The hog fuel dryer at Weyerhaeuser
Paper Company's Cosmopolis, Washington facility is Emission Unit no. HD-
14.
    Kraft pulp mill means any stationary source that produces pulp from
wood by cooking (digesting) wood chips in a solution of sodium hydroxide
and sodium sulfide. The recovery process used to regenerate cooking
chemicals is also considered part of the kraft pulp mill.
    Kraft recovery furnace means a recovery furnace that is used to burn
black liquor produced by the kraft pulping process, as well as any
recovery furnace that burns black liquor produced from both the kraft
and semichemical pulping processes, and includes the direct contact
evaporator, if applicable. Includes black liquor gasification.
    Lime kiln means the combustion unit (e.g., rotary lime kiln or
fluidized-bed calciner) used at a kraft or soda pulp mill to calcine
lime mud, which consists primarily of calcium carbonate, into quicklime,
which is calcium oxide (CaO).
    Lime production rate means the rate at which dry lime, measured as
CaO, is produced in the lime kiln.
    Method detection limit means the minimum concentration of an analyte
that can be determined with 99 percent confidence that the true value is
greater than zero.
    Modification means, for the purposes of Sec. 63.862(a)(1)(ii)(E)(1),
any physical change (excluding any routine part replacement or
maintenance) or operational change (excluding any operational change
that occurs during a start-up, shutdown, or malfunction) that is made to
the air pollution control device that could result in an increase in PM
emissions.
    Nondetect data means, for the purposes of this subpart, any value
that is below the method detection limit.
    Nondirect contact evaporator (NDCE) recovery furnace means a kraft
or soda recovery furnace that burns black liquor that has been
concentrated by indirect contact with steam.
    Particulate matter (PM) means total particulate matter as measured
by EPA Method 5, EPA Method 17 (Sec. 63.865(b)(1)), or EPA Method 29 (40
CFR part 60, appendix A).
    Process unit means an existing DCE or NDCE recovery furnace, smelt
dissolving tank, or lime kiln in a chemical recovery system at a kraft
or soda mill.
    Recovery furnace means an enclosed combustion device where
concentrated black liquor produced by the kraft or soda pulping process
is burned to recover pulping chemicals and produce steam. Includes black
liquor gasification.
    Regenerative thermal oxidizer (RTO) means a thermal oxidizer that
transfers heat from the exhaust gas stream to the inlet gas stream by
passing the exhaust stream through a bed of ceramic stoneware or other
heat-absorbing medium before releasing it to the atmosphere, then
reversing the gas flow so the inlet gas stream passes through the heated
bed, raising the temperature of the inlet stream close to or at its
ignition temperature.
    Semichemical combustion unit means any equipment used to combust or
pyrolyze black liquor at stand-alone semichemical pulp mills for the
purpose of chemical recovery. Includes black liquor gasification.
    Similar process units means all existing DCE and NDCE recovery
furnaces, smelt dissolving tanks, or lime kilns at a kraft or soda pulp
mill.
    Smelt dissolving tanks (SDT) means vessels used for dissolving the
smelt

[[Page 388]]

collected from a kraft or soda recovery furnace.
    Soda pulp mill means any stationary source that produces pulp from
wood by cooking (digesting) wood chips in a sodium hydroxide solution.
The recovery process used to regenerate cooking chemicals is also
considered part of the soda pulp mill.
    Soda recovery furnace means a recovery furnace used to burn black
liquor produced by the soda pulping process and includes the direct
contact evaporator, if applicable. Includes black liquor gasification.
    Stand-alone semichemical pulp mill means any stationary source that
produces pulp from wood by partially digesting wood chips in a chemical
solution followed by mechanical defibrating (grinding), and has an
onsite chemical recovery process that is not integrated with a kraft
pulp mill.
    Startup means, for the chemical recovery system employing black
liquor gasification at Georgia-Pacific's facility in Big Island,
Virginia only, the end of the gasification system commissioning phase.
Commissioning is that period of time in which each part of the new
gasification system will be checked and operated on its own to make sure
it is installed and functions properly. Commissioning will conclude with
the successful completion of the gasification technology supplier's
performance warranty demonstration, which proves the technology and
equipment are performing to warranted levels and the system is ready to
be placed in active service. For all other affected sources under this
subpart, startup has the meaning given in Sec. 63.2.
    Sulfite combustion unit means a combustion device, such as a
recovery furnace or fluidized-bed reactor, where spent liquor from the
sulfite pulping process (i.e., red liquor) is burned to recover pulping
chemicals.
    Sulfite pulp mill means any stationary source that produces pulp
from wood by cooking (digesting) wood chips in a solution of sulfurous
acid and bisulfite ions. The recovery process used to regenerate cooking
chemicals is also considered part of the sulfite pulp mill.
    Total hydrocarbons (THC) means the sum of organic compounds measured
as carbon using EPA Method 25A (40 CFR part 60, appendix A).

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



Sec. 63.862  Standards.

    (a) Standards for HAP metals: existing sources. (1) Each owner or
operator of an existing kraft or soda pulp mill must comply with the
requirements of either paragraph (a)(1)(i) or (ii) of this section.
    (i) Each owner or operator of a kraft or soda pulp mill must comply
with the PM emissions limits in paragraphs (a)(1)(i)(A) through (C) of
this section.
    (A) The owner or operator of each existing kraft or soda recovery
furnace must ensure that the concentration of PM in the exhaust gases
discharged to the atmosphere is less than or equal to 0.10 gram per dry
standard cubic meter (g/dscm) (0.044 grain per dry standard cubic foot
(gr/dscf)) corrected to 8 percent oxygen.
    (B) The owner or operator of each existing kraft or soda smelt
dissolving tank must ensure that the concentration of PM in the exhaust
gases discharged to the atmosphere is less than or equal to 0.10
kilogram per megagram (kg/Mg) (0.20 pound per ton (lb/ton)) of black
liquor solids fired.
    (C) The owner or operator of each existing kraft or soda lime kiln
must ensure that the concentration of PM in the exhaust gases discharged
to the atmosphere is less than or equal to 0.15 g/dscm (0.064 gr/dscf)
corrected to 10 percent oxygen.
    (ii) As an alternative to meeting the requirements of
Sec. 63.862(a)(1)(i), each owner or operator of a kraft or soda pulp
mill may establish PM emissions limits for each existing kraft or soda
recovery furnace, smelt dissolving tank, and lime kiln that operates
6,300 hours per year or more by:
    (A) Establishing an overall PM emission limit for each existing
process unit in the chemical recovery system at the kraft or soda pulp
mill using the methods in Sec. 63.865(a)(1) and (2).
    (B) The emissions limits for each kraft recovery furnace, smelt
dissolving tank, and lime kiln that are used to establish the overall PM
limit in paragraph (a)(1)(ii)(A) of this section

[[Page 389]]

must not be less stringent than the emissions limitations required by
Sec. 60.282 of part 60 of this chapter for any kraft recovery furnace,
smelt dissolving tank, or lime kiln that is subject to the requirements
of Sec. 60.282.
    (C) Each owner or operator of an existing kraft or soda recovery
furnace, smelt dissolving tank, or lime kiln must ensure that the PM
emissions discharged to the atmosphere from each of these sources are
less than or equal to the applicable PM emissions limits, established
using the methods in Sec. 63.865(a)(1), that are used to establish the
overall PM emissions limits in paragraph (a)(1)(ii)(A) of this section.
    (D) Each owner or operator of an existing kraft or soda recovery
furnace, smelt dissolving tank, or lime kiln must reestablish the
emissions limits determined in paragraph (a)(1)(ii)(A) of this section
if either of the actions in paragraphs (a)(1)(ii)(D)(1) and (2) of this
section are taken:
    (1) The air pollution control system for any existing kraft or soda
recovery furnace, smelt dissolving tank, or lime kiln for which an
emission limit was established in paragraph (a)(1)(ii)(A) of this
section is modified (as defined in Sec. 63.861) or replaced; or
    (2) Any kraft or soda recovery furnace, smelt dissolving tank, or
lime kiln for which an emission limit was established in paragraph
(a)(1)(ii)(A) of this section is shut down for more than 60 consecutive
days.
    (iii) Each owner or operator of an existing kraft or soda recovery
furnace, smelt dissolving tank, or lime kiln that operates less than
6,300 hours per year must comply with the applicable PM emissions limits
for that process unit provided in paragraph (a)(1)(i) of this section.
    (2) Except as specified in paragraph (d) of this section, the owner
or operator of each existing sulfite combustion unit must ensure that
the concentration of PM in the exhaust gases discharged to the
atmosphere is less than or equal to 0.092 g/dscm (0.040 gr/dscf)
corrected to 8 percent oxygen.
    (b) Standards for HAP metals: new sources. (1) The owner or operator
of any new kraft or soda recovery furnace must ensure that the
concentration of PM in the exhaust gases discharged to the atmosphere is
less than or equal to 0.034 g/dscm (0.015 gr/dscf) corrected to 8
percent oxygen.
    (2) The owner or operator of any new kraft or soda smelt dissolving
tank must ensure that the concentration of PM in the exhaust gases
discharged to the atmosphere is less than or equal to 0.06 kg/Mg (0.12
lb/ton) of black liquor solids fired.
    (3) The owner or operator of any new kraft or soda lime kiln must
ensure that the concentration of PM in the exhaust gases discharged to
the atmosphere is less than or equal to 0.023 g/dscm (0.010 gr/dscf)
corrected to 10 percent oxygen.
    (4) The owner or operator of any new sulfite combustion unit must
ensure that the concentration of PM in the exhaust gases discharged to
the atmosphere is less than or equal to 0.046 g/dscm (O.020 gr/dscf)
corrected to 8 percent oxygen.
    (c) Standards for gaseous organic HAP. (1) The owner or operator of
any new recovery furnace at a kraft or soda pulp mill must ensure that
the concentration or gaseous organic HAP, as meauared by methanol,
discharged to the atmosphere is no greater than 0.012 kg/Mg (0.025 lb/
ton) of black liquor solids fired.
    (2) The owner or operator of each existing or new semichemical
combustion unit must ensure that:
    (i) The concentration of gaseous organic HAP, as measured by total
hydrocarbons reported as carbon, discharged to the atmosphere is less
than or equal to 1.49 kg/Mg (2.97 lb/ton) of black liquor solids fired;
or
    (ii) The gaseous organic HAP emissions, as measured by total
hydrocarbons reported as carbon, are reduced by at least 90 percent
prior to discharge of the gases to the atmosphere.
    (d) Alternative standard. As an alternative to meeting the
requirements of paragraph (a)(2) of this section, the owner or operator
of the existing hog fuel dryer at Weyerhaeuser Paper Company's
Cosmopolis, Washington facility (Emission Unit no. HD-14) must ensure
that the mass of PM in the exhaust gases discharged to the atmosphere
from the hog fuel dryer is less than or

[[Page 390]]

equal to 4.535 kilograms per hour (kg/hr) (10.0 pounds per hour (lb/
hr)).

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



Sec. 63.863  Compliance dates.

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

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



Sec. 63.864  Monitoring requirements.

    (a)-(c) [Reserved]
    (d) Continuous opacity monitoring system (COMS). The owner or
operator of each affected kraft or soda recovery furnace or lime kiln
equipped with an ESP must install, calibrate, maintain, and operate a
COMS according to the provisions in Secs. 63.6(h) and 63.8 and
paragraphs (d)(1) through (4) of this section.
    (1)-(2) [Reserved]
    (3) As specified in Sec. 63.8(c)(4)(i), each COMS must complete a
minimum of one cycle of sampling and analyzing for each successive 10-
second period and one cycle of data recording for each successive 6-
minute period.
    (4) The COMS data must be reduced as specified in Sec. 63.8(g)(2).
    (e) Continuous parameter monitoring system (CPMS). For each CPMS
required in this section, the owner or operator of each affected source
or process unit must meet the requirements in paragraphs (e)(1) through
(14) of this section.
    (1)-(9) [Reserved]
    (10) The owner or operator of each affected kraft or soda recovery
furnace, kraft or soda lime kiln, sulfite combustion unit, or kraft or
soda smelt dissolving tank equipped with a wet scrubber must install,
calibrate, maintain, and operate a CPMS that can be used to determine
and record the pressure drop across the scrubber and the scrubbing
liquid flow rate at least once every successive 15-minute period using
the procedures in Sec. 63.8(c), as well as the procedures in paragraphs
(e)(10)(i) and (ii) of this section:
    (i) The monitoring device used for the continuous measurement of the
pressure drop of the gas stream across the scrubber must be certified by
the manufacturer to be accurate to within a gage pressure of 500
pascals (2 inches of water gage pressure); and
    (ii) The monitoring device used for continuous measurement of the
scrubbing liquid flow rate must be certified by the manufacturer to be
accurate within 5 percent of the design scrubbing liquid flow rate.
    (11) The owner or operator of each affected semichemical combustion
unit equipped with an RTO must install, calibrate, maintain, and operate
a

[[Page 391]]

CPMS that can be used to determine and record the operating temperature
of the RTO at least once every successive 15-minute period using the
procedures in Sec. 63.8(c). The monitor must compute and record the
operating temperature at the point of incineration of effluent gases
that are emitted using a temperature monitor accurate to within 1
percent of the temperature being measured.
    (12) The owner or operator of the affected hog fuel dryer at
Weyerhaeuser Paper Company's Cosmopolis, Washington facility (Emission
Unit no. HD-14) must meet the requirements in paragraphs (e)(12)(i)
through (xi) of this section for each bag leak detection system.
    (i) The owner or operator must install, calibrate, maintain, and
operate each triboelectric bag leak detection system according to the
``Fabric Filter Bag Leak Detection Guidance,'' (EPA-454/R-98-015,
September 1997). This document is available from the U.S. Environmental
Protection Agency (U.S. EPA); Office of Air Quality Planning and
Standards; Emissions, Monitoring and Analysis Division; Emission
Measurement Center, MD-D205-02, Research Triangle Park, NC 27711. This
document is also available on the Technology Transfer Network under
Emission Measurement Center Continuous Emission Monitoring. The owner or
operator must install, calibrate, maintain, and operate other types of
bag leak detection systems in a manner consistent with the
manufacturer's written specifications and recommendations.
    (ii) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic
foot) or less.
    (iii) The bag leak detection system sensor must provide an output of
relative PM loadings.
    (iv) The bag leak detection system must be equipped with a device to
continuously record the output signal from the sensor.
    (v) The bag leak detection system must be equipped with an audible
alarm system that will sound automatically when an increase in relative
PM emissions over a preset level is detected. The alarm must be located
where it is easily heard by plant operating personnel.
    (vi) For positive pressure fabric filter systems, a bag leak
detector must be installed in each baghouse compartment or cell.
    (vii) For negative pressure or induced air fabric filters, the bag
leak detector must be installed downstream of the fabric filter.
    (viii) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
    (ix) The baseline output must be established by adjusting the range
and the averaging period of the device and establishing the alarm set
points and the alarm delay time according to section 5.0 of the ``Fabric
Filter Bag Leak Detection Guidance.''
    (x) Following initial adjustment of the system, the sensitivity or
range, averaging period, alarm set points, or alarm delay time may not
be adjusted except as detailed in the site-specific monitoring plan. In
no case may the sensitivity be increased by more than 100 percent or
decreased more than 50 percent over a 365-day period unless such
adjustment follows a complete fabric filter inspection which
demonstrates that the fabric filter is in good operating condition.
Record each adjustment.
    (xi) The owner or operator must record the results of each
inspection, calibration, and validation check.
    (13) The owner or operator of each affected source or process unit
that uses an ESP, wet scrubber, RTO, or fabric filter may monitor
alternative control device operating parameters subject to prior written
approval by the Administrator.
    (14) The owner or operator of each affected source or process unit
that uses an air pollution control system other than an ESP, wet
scrubber, RTO, or fabric filter must provide to the Administrator an
alternative monitoring request that includes the site-specific
monitoring plan described in paragraph (a) of this section, a
description of the control device, test results verifying the
performance of the control device, the appropriate operating parameters

[[Page 392]]

that will be monitored, and the frequency of measuring and recording to
establish continuous compliance with the standards. The alternative
monitoring request is subject to the Administrator's approval. The owner
or operator of the affected source or process unit must install,
calibrate, operate, and maintain the monitor(s) in accordance with the
alternative monitoring request approved by the Administrator. The owner
or operator must include in the information submitted to the
Administrator proposed performance specifications and quality assurance
procedures for the monitors. The Administrator may request further
information and will approve acceptable test methods and procedures. The
owner or operator must monitor the parameters as approved by the
Administrator using the methods and procedures in the alternative
monitoring request.
    (f) [Reserved]
    (g) The owner or operator of each affected source or process unit
complying with the gaseous organic HAP standard of Sec. 63.862(c)(1)
through the use of an NDCE recovery furnace equipped with a dry ESP
system is not required to conduct any continuous monitoring to
demonstrate compliance with the gaseous organic HAP standard.
    (h)-(i) [Reserved]
    (j) Determination of operating ranges. (1) During the initial
performance test required in Sec. 63.865, the owner or operator of any
affected source or process unit must establish operating ranges for the
monitoring parameters in paragraphs (e)(10) through (14) of this
section, as appropriate; or
    (2) The owner or operator may base operating ranges on values
recorded during previous performance tests or conduct additional
performance tests for the specific purpose of establishing operating
ranges, provided that test data used to establish the operating ranges
are or have been obtained using the test methods required in this
subpart. The owner or operator of the affected source or process unit
must certify that all control techniques and processes have not been
modified subsequent to the testing upon which the data used to establish
the operating parameter ranges were obtained.
    (3) The owner or operator of an affected source or process unit may
establish expanded or replacement operating ranges for the monitoring
parameter values listed in paragraphs (e)(10) through (14) of this
section and established in paragraph (j)(1) or (2) of this section
during subsequent performance tests using the test methods in
Sec. 63.865.
    (4) The owner or operator of the affected source or process unit
must continuously monitor each parameter and determine the arithmetic
average value of each parameter during each performance test. Multiple
performance tests may be conducted to establish a range of parameter
values.
    (5)-(6) [Reserved]
    (k) On-going compliance provisions. (1) Following the compliance
date, owners or operators of all affected sources or process units are
required to implement corrective action if the monitoring exceedances in
paragraphs (k)(1)(i) through (vi) of this section occur:
    (i) For a new or existing kraft or soda recovery furnace or lime
kiln equipped with an ESP, when the average of ten consecutive 6-minute
averages result in a measurement greater than 20 percent opacity;
    (ii) For a new or existing kraft or soda recovery furnace, kraft or
soda smelt dissolving tank, kraft or soda lime kiln, or sulfite
combustion unit equipped with a wet scrubber, when any 3-hour average
parameter value is outside the range of values established in paragraph
(j) of this section.
    (iii) For a new or existing semichemical combustion unit equipped
with an RTO, when any 1-hour average temperature falls below the
temperature established in paragraph (j) of this section;
    (iv) For the hog fuel dryer at Weyerhaeuser Paper Company's
Cosmopolis, Washington facility (Emission Unit no. HD-14), when the bag
leak detection system alarm sounds.
    (v) For an affected source or process unit equipped with an ESP, wet
scrubber, RTO, or fabric filter and monitoring alternative operating
parameters established in paragraph (e)(13) of this section, when any 3-
hour average value is outside the range of parameter

[[Page 393]]

values established in paragraph (j) of this section; and
    (vi) For an affected source or process unit equipped with an
alternative air pollution control system and monitoring operating
parameters approved by the Administrator as established in paragraph
(e)(14) of this section, when any 3-hour average value is outside the
range of parameter values established in paragraph (j) of this section.
    (2) Following the compliance date, owners or operators of all
affected sources or process units are in violation of the standards of
Sec. 63.862 if the monitoring exceedances in paragraphs (k)(2)(i)
through (vii) of this section occur:
    (i) For an existing kraft or soda recovery furnace equipped with an
ESP, when opacity is greater than 35 percent for 6 percent or more of
the operating time within any quarterly period;
    (ii) For a new kraft or soda recovery furnace or a new or existing
lime kiln equipped with an ESP, when opacity is greater than 20 percent
for 6 percent or more of the operating time within any quarterly period;
    (iii) For a new or existing kraft or soda recovery furnace, kraft or
soda smelt dissolving tank, kraft or soda lime kiln, or sulfite
combustion unit equipped with a wet scrubber, when six or more 3-hour
average parameter values within any 6-month reporting period are outside
the range of values established in paragraph (j) of this section;
    (iv) For a new or existing semichemical combustion unit equipped
with an RTO, when any 3-hour average temperature falls below the
temperature established in paragraph (j) of this section;
    (v) For the hog fuel dryer at Weyerhaeuser Paper Company's
Cosmopolis, Washington facility (Emission Unit no. HD-14), when
corrective action is not initiated within 1 hour of a bag leak detection
system alarm and the alarm is engaged for more than 5 percent of the
total operating time in a 6-month block reporting period. In calculating
the operating time fraction, if inspection of the fabric filter
demonstrates that no corrective action is required, no alarm time is
counted; if corrective action is required, each alarm is counted as a
minimum of 1 hour; if corrective action is not initiated within 1 hour,
the alarm time is counted as the actual amount of time taken to initiate
corrective action.
    (vi) For an affected source or process unit equipped with an ESP,
wet scrubber, RTO, or fabric filter and monitoring alternative operating
parameters established in paragraph (e)(13) of this section, when six or
more 3-hour average values within any 6-month reporting period are
outside the range of parameter values established in paragraph (j) of
this section; and
    (vii) For an affected source or process unit equipped with an
alternative air pollution control system and monitoring operating
parameters approved by the Administrator as established in paragraph
(e)(14) of this section, when six or more 3-hour average values within
any 6-month reporting period are outside the range of parameter values
established in paragraph (j) of this section.
    (3) For purposes of determining the number of nonopacity monitoring
exceedances, no more than one exceedance will be attributed in any given
24-hour period.

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



Sec. 63.865  Performance test requirements and test methods.

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

[[Page 394]]

[GRAPHIC] [TIFF OMITTED] TR05DE03.004

Where:

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

    (2) Establish an emission limit for each kraft or soda recovery
furnace, smelt dissolving tank, and lime kiln; and, using these
emissions limits, determine the overall PM emission rate for the
chemical recovery system at the mill using the procedures in paragraphs
(a)(2)(i) through (v) of this section, such that the overall PM emission
rate calculated in paragraph (a)(2)(v) of this section is less than or
equal to the overall PM emission limit determined in paragraph (a)(1) of
this section, as appropriate.
    (i) The PM emission rate from each affected recovery furnace must be
determined using Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR12JA01.002

Where:

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

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


[[Page 395]]


Where:

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

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

Where:

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

    (iv) If more than one similar process unit is operated in the
chemical recovery system at the kraft or soda pulp mill, Equation 5 of
this section must be used to calculate the overall PM emission rate from
all similar process units in the chemical recovery system at the mill
and must be used in determining the overall PM emission rate for the
chemical recovery system at the mill:
[GRAPHIC] [TIFF OMITTED] TR12JA01.005

Where:

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


[[Page 396]]


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

Where:

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

    (vi) After the Administrator has approved the PM emissions limits
for each kraft or soda recovery furnace, smelt dissolving tank, and lime
kiln, the owner or operator complying with an overall PM emission limit
established in Sec. 63.862(a)(1)(ii) must demonstrate compliance with
the HAP metals standard by demonstrating compliance with the approved PM
emissions limits for each affected kraft or soda recovery furnace, smelt
dissolving tank, and lime kiln, using the test methods and procedures in
paragraph (b) of this section.
    (b) The owner or operator seeking to determine compliance with
Sec. 63.862(a), (b), or (d) must use the procedures in paragraphs (b)(1)
through (6) of this section.
    (1) For purposes of determining the concentration or mass of PM
emitted from each kraft or soda recovery furnace, sulfite combustion
unit, smelt dissolving tank, lime kiln, or the hog fuel dryer at
Weyerhaeuser Paper Company's Cosmopolis, Washington facility (Emission
Unit no. HD-14), Method 5 or 29 in appendix A of 40 CFR part 60 must be
used, except that Method 17 in appendix A of 40 CFR part 60 may be used
in lieu of Method 5 or Method 29 if a constant value of 0.009 g/dscm
(0.004 gr/dscf) is added to the results of Method 17, and the stack
temperature is no greater than 205  deg.C (400  deg.F). For Methods 5,
29, and 17, the sampling time and sample volume for each run must be at
least 60 minutes and 0.90 dscm (31.8 dscf), and water must be used as
the cleanup solvent instead of acetone in the sample recovery procedure.
    (2) For sources complying with Sec. 63.862(a) or (b), the PM
concentration must be corrected to the appropriate oxygen concentration
using Equation 7 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR18FE03.009

Where:

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

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

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

Where:


[[Page 397]]


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

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

Where:

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

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

Where:

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

[[Page 398]]

BLSBLO = The average mass rate of black liquor solids treated
          in the black liquor oxidation system, Mg/hr (ton/hr)
          determined using process data measured during the performance
          test.

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

Where:

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

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

Where:

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

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



Sec. 63.866  Recordkeeping requirements.

    (a) Startup, shutdown, and malfunction plan. The owner or operator
must develop a written plan as described in Sec. 63.6(e)(3) that
contains specific procedures for operating the source and maintaining
the source during periods of startup, shutdown, and malfunction, and a
program of corrective action for malfunctioning process and control
systems used to comply with the standards. In addition to the
information required in Sec. 63.6(e), the plan must include the
requirements in paragraphs (a)(1) and (2) of this section.
    (1) Procedures for responding to any process parameter level that is
inconsistent with the level(s) established under Sec. 63.864(j),
including the procedures in paragraphs (a)(1)(i) and (ii) of this
section:
    (i) Procedures to determine and record the cause of an operating
parameter exceedance and the time the exceedance began and ended; and
    (ii) Corrective actions to be taken in the event of an operating
parameter exceedance, including procedures for recording the actions
taken to correct the exceedance.
    (2) The startup, shutdown, and malfunction plan also must include
the schedules listed in paragraphs (a)(2)(i) and (ii) of this section:
    (i) A maintenance schedule for each control technique that is
consistent with, but not limited to, the manufacturer's instructions and
recommendations for routine and long-term maintenance; and
    (ii) An inspection schedule for each continuous monitoring system
required under Sec. 63.864 to ensure, at least once in each 24-hour
period, that each continuous monitoring system is properly functioning.

[[Page 399]]

    (b) The owner or operator of an affected source or process unit must
maintain records of any occurrence when corrective action is required
under Sec. 63.864(k)(1), and when a violation is noted under
Sec. 63.864(k)(2).
    (c) In addition to the general records required by Sec. 63.10(b)(2),
the owner or operator must maintain records of the information in
paragraphs (c)(1) through (7) of this section:
    (1) Records of black liquor solids firing rates in units of Mg/d or
ton/d for all recovery furnaces and semichemical combustion units;
    (2) Records of CaO production rates in units of Mg/d or ton/d for
all lime kilns;
    (3) Records of parameter monitoring data required under Sec. 63.864,
including any period when the operating parameter levels were
inconsistent with the levels established during the initial performance
test, with a brief explanation of the cause of the deviation, the time
the deviation occurred, the time corrective action was initiated and
completed, and the corrective action taken;
    (4) Records and documentation of supporting calculations for
compliance determinations made under Secs. 63.865(a) through (d);
    (5) Records of monitoring parameter ranges established for each
affected source or process unit;
    (6) Records certifying that an NDCE recovery furnace equipped with a
dry ESP system is used to comply with the gaseous organic HAP standard
in Sec. 63.862(c)(1).
    (7) For the bag leak detection system on the hog fuel dryer fabric
filter at Weyerhaeuser Paper Company's Cosmopolis, Washington facility
(Emission Unit no. HD-14), records of each alarm, the time of the alarm,
the time corrective action was initiated and completed, and a brief
description of the cause of the alarm and the corrective action taken.
    (d) For operation under Sec. 63.863(c)(2), Georgia-Pacific
Corporation must keep a record of the hours of operation of the two
existing semichemical combustion units at their Big Island, VA facility.

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



Sec. 63.867  Reporting requirements.

    (a) Notifications. (1) The owner or operator of any affected source
or process unit must submit the applicable notifications from subpart A
of this part, as specified in Table 1 of this subpart.
    (2) Notifications specific to Georgia-Pacific Corporation's affected
sources in Big Island, Virginia.
    (i) For a compliance extension under Sec. 63.863(c)(1), submit a
notice that provides the date of Georgia-Pacific's determination that
the black liquor gasification system is not successful and the reasons
why the technology is not successful. The notice must be submitted
within 15 days of Georgia-Pacific's determination, but not later than
March 16, 2005.
    (ii) For operation under Sec. 63.863(c)(2), submit a notice
providing: a statement that Georgia-Pacific Corporation intends to run
the Kraft black liquor trials, the anticipated period in which the
trials will take place, and a statement explaining why the trials could
not be conducted prior to March 1, 2005. The notice must be submitted at
least 30 days prior to the start of the Kraft liquor trials.
    (3) In addition to the requirements in subpart A of this part, the
owner or operator of the hog fuel dryer at Weyerhaeuser Paper Company's
Cosmopolis, Washington, facility (Emission Unit no. HD-14) must include
analysis and supporting documentation demonstrating conformance with EPA
guidance and specifications for bag leak detection systems in
Sec. 63.864(e)(12) in the Notification of Compliance Status.
    (b) Additional reporting requirements for HAP metals standards. (1)
Any owner or operator of a group of process units in a chemical recovery
system at a mill complying with the PM emissions limits in
Sec. 63.862(a)(1)(ii) must submit the PM emissions limits determined in
Sec. 63.865(a) for each affected kraft or soda recovery furnace, smelt
dissolving

[[Page 400]]

tank, and lime kiln to the Administrator for approval. The emissions
limits must be submitted as part of the notification of compliance
status required under subpart A of this part.
    (2) Any owner or operator of a group of process units in a chemical
recovery system at a mill complying with the PM emissions limits in
Sec. 63.862(a)(1)(ii) must submit the calculations and supporting
documentation used in Sec. 63.865(a)(1) and (2) to the Administrator as
part of the notification of compliance status required under subpart A
of this part.
    (3) After the Administrator has approved the emissions limits for
any process unit, the owner or operator of a process unit must notify
the Administrator before any of the actions in paragraphs (b)(3)(i)
through (iv) of this section are taken:
    (i) The air pollution control system for any process unit is
modified or replaced;
    (ii) Any kraft or soda recovery furnace, smelt dissolving tank, or
lime kiln in a chemical recovery system at a kraft or soda pulp mill
complying with the PM emissions limits in Sec. 63.862(a)(1)(ii) is shut
down for more than 60 consecutive days;
    (iii) A continuous monitoring parameter or the value or range of
values of a continuous monitoring parameter for any process unit is
changed; or
    (iv) The black liquor solids firing rate for any kraft or soda
recovery furnace during any 24-hour averaging period is increased by
more than 10 percent above the level measured during the most recent
performance test.
    (4) An owner or operator of a group of process units in a chemical
recovery system at a mill complying with the PM emissions limits in
Sec. 63.862(a)(1)(ii) and seeking to perform the actions in paragraph
(b)(3)(i) or (ii) of this section must recalculate the overall PM
emissions limit for the group of process units and resubmit the
documentation required in paragraph (b)(2) of this section to the
Administrator. All modified PM emissions limits are subject to approval
by the Administrator.
    (c) Excess emissions report. The owner or operator must report
quarterly if measured parameters meet any of the conditions specified in
paragraph (k)(1) or (2) of Sec. 63.864. This report must contain the
information specified in Sec. 63.10(c) of this part as well as the
number and duration of occurrences when the source met or exceeded the
conditions in Sec. 63.864(k)(1), and the number and duration of
occurrences when the source met or exceeded the conditions in
Sec. 63.864(k)(2). Reporting excess emissions below the violation
thresholds of Sec. 63.864(k) does not constitute a violation of the
applicable standard.
    (1) When no exceedances of parameters have occurred, the owner or
operator must submit a semiannual report stating that no excess
emissions occurred during the reporting period.
    (2) The owner or operator of an affected source or process unit
subject to the requirements of this subpart and subpart S of this part
may combine excess emissions and/or summary reports for the mill.

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



Sec. 63.868  Delegation of authority.

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

[[Page 401]]



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

----------------------------------------------------------------------------------------------------------------
                                        Summary of
  General provisions reference         requirements            Applies to subpart MM            Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)......................  General applicability  Yes.............................  Additional terms
                                   of the General                                           defined in Sec.
                                   Provisions.                                              63.861; when overlap
                                                                                            between subparts A
                                                                                            and MM of this part,
                                                                                            subpart MM takes
                                                                                            precedence.
63.1(a)(2)-(14).................  General applicability  Yes.............................
                                   of the General
                                   Provisions.
63.1(b)(1)......................  Initial applicability  No..............................  Subpart MM specifies
                                   determination..                                          the applicability in
                                                                                            Sec. 63.860.
63.1(b)(2)......................  Title V operating      Yes.............................  All major affected
                                   permit--see 40 CFR                                       sources are required
                                   part 70.                                                 to obtain a title V
                                                                                            permit.
63.1(b)(3)......................  Record of the          No..............................  All affected sources
                                   applicability                                            are subject to
                                   determination.                                           subpart MM according
                                                                                            to the applicability
                                                                                            definition of
                                                                                            subpart MM.
63.1(c)(1)......................  Applicability of       Yes.............................  Subpart MM clarifies
                                   subpart A of this                                        the applicability of
                                   part after a                                             each paragraph of
                                   relevant standard                                        subpart A of this
                                   has been set.                                            part to sources
                                                                                            subject to subpart
                                                                                            MM.
63.1(c)(2)......................  Title V permit         Yes.............................  All major affected
                                   requirement.                                             sources are required
                                                                                            to obtain a title V
                                                                                            permit. There are no
                                                                                            area sources in the
                                                                                            pulp and paper mill
                                                                                            source category.
63.1(c)(3)......................  [Reserved]...........  NA..............................
63.1(c)(4)......................  Requirements for       Yes.............................
                                   existing source that
                                   obtains an extension
                                   of compliance.
63.1(c)(5)......................  Notification           Yes.............................
                                   requirements for an
                                   area source that
                                   increases HAP
                                   emissions to major
                                   source levels.
63.1(d).........................  [Reserved]...........  NA..............................
63.1(e).........................  Applicability of       Yes.............................
                                   permit program
                                   before a relevant
                                   standard has been
                                   set.
63.2............................  Definitions..........  Yes.............................  Additional terms
                                                                                            defined in Sec.
                                                                                            63.861; when overlap
                                                                                            between subparts A
                                                                                            and MM of this part
                                                                                            occurs, subpart MM
                                                                                            takes precedence.
63.3............................  Units and              Yes.............................
                                   abbreviations.
63.4............................  Prohibited activities  Yes.............................
                                   and circumvention.
63.5(a).........................  Construction and       Yes.............................
                                   reconstruction--appl
                                   icability.
63.5(b)(1)......................  Upon construction,     Yes.............................
                                   relevant standards
                                   for new sources.
63.5(b)(2)......................  [Reserved]...........  NA..............................
63.5(b)(3)......................  New construction/      Yes.............................
                                   reconstruction.
63.5(b)(4)......................  Construction/          Yes.............................
                                   reconstruction
                                   notification.
63.5(b)(5)......................  Construction/          Yes.............................
                                   reconstruction
                                   compliance.
63.5(b)(6)......................  Equipment addition or  Yes.............................
                                   process change.
63.5(c).........................  [Reserved]...........  NA..............................
63.5(d).........................  Application for        Yes.............................
                                   approval of
                                   construction/
                                   reconstruction.
63.5(e).........................  Construction/          Yes.............................
                                   reconstruction
                                   approval.
63.5(f).........................  Construction/          Yes.............................
                                   reconstruction
                                   approval based on
                                   prior State
                                   preconstruction
                                   review.
63.6(a)(1)......................  Compliance with        Yes.............................
                                   standards and
                                   maintenance
                                   requirements--applic
                                   ability.

[[Page 402]]


63.6(a)(2)......................  Requirements for area  Yes.............................
                                   source that
                                   increases emissions
                                   to become major.
63.6(b).........................  Compliance dates for   Yes.............................
                                   new and
                                   reconstructed
                                   sources.
63.6(c).........................  Compliance dates for   Yes, except for sources granted   Subpart MM
                                   existing sources.      extensions under 63.863(c).       specifically
                                                                                            stipulates the
                                                                                            compliance schedule
                                                                                            for existing
                                                                                            sources.
63.6(d).........................  [Reserved]...........  NA..............................
63.6(e).........................  Operation and          Yes.............................
                                   maintenance
                                   requirements.
63.6(f).........................  Compliance with        Yes.............................
                                   nonopacity emissions
                                   standards.
63.6(g).........................  Compliance with        Yes.............................
                                   alternative
                                   nonopacity emissions
                                   standards.
63.6(h).........................  Compliance with        Yes.............................  Subpart MM does not
                                   opacity and visible                                      contain any opacity
                                   emissions (VE)                                           or VE standards;
                                   standards.                                               however, Sec.
                                                                                            63.864 specifies
                                                                                            opacity monitoring
                                                                                            requirements.
63.6(i).........................  Extension of           Yes, except for sources granted
                                   compliance with        extensions under 63.863(c).
                                   emission standards.
63.6(j).........................  Exemption from         Yes.............................
                                   compliance with
                                   emissions standards.
63.7(a)(1)......................  Performance testing    Yes.............................  Sec. 63.865(c)(1)
                                   requirements--applic                                     specifies the only
                                   ability.                                                 exemption from
                                                                                            performance testing
                                                                                            allowed under
                                                                                            subpart MM.
63.7(a)(2)......................  Performance test       Yes.............................
                                   dates.
63.7(a)(3)......................  Performance test       Yes.............................
                                   requests by
                                   Administrator under
                                   CAA section 114.
63.7(b)(1)......................  Notification of        Yes.............................
                                   performance test.
63.7(b)(2)......................  Notification of delay  Yes.............................
                                   in conducting a
                                   scheduled
                                   performance test.
63.7(c).........................  Quality assurance      Yes.............................
                                   program.
63.7(d).........................  Performance testing    Yes.............................
                                   facilities.
63.7(e).........................  Conduct of             Yes.............................
                                   performance tests.
63.7(f).........................  Use of an alternative  Yes.............................
                                   test method.
63.7(g).........................  Data analysis,         Yes.............................
                                   recordkeeping, and
                                   reporting.
63.7(h).........................  Waiver of performance  Yes.............................  Sec. 63.865(c)(1)
                                   tests.                                                   specifies the only
                                                                                            exemption from
                                                                                            performance testing
                                                                                            allowed under
                                                                                            subpart MM.
63.8(a).........................  Monitoring             Yes.............................  See Sec. 63.864.
                                   requirements--applic
                                   ability.
63.8(b).........................  Conduct of monitoring  Yes.............................  See Sec. 63.864.
63.8(c).........................  Operation and          Yes.............................  See Sec. 63.864.
                                   maintenance of CMS.
63.8(d).........................  Quality control        Yes.............................  See Sec. 63.864.
                                   program.
63.8(e)(1)......................  Performance            Yes.............................
                                   evaluation of CMS.
63.8(e)(2)......................  Notification of        Yes.............................
                                   performance
                                   evaluation.
63.8(e)(3)......................  Submission of site-    Yes.............................
                                   specific performance
                                   evaluation test plan.
63.8(e)(4)......................  Conduct of             Yes.............................
                                   performance
                                   evaluation and
                                   performance
                                   evaluation dates.
63.8(e)(5)......................  Reporting performance  Yes.............................
                                   evaluation results.
63.8(f).........................  Use of an alternative  Yes.............................
                                   monitoring method.
63.8(g).........................  Reduction of           Yes.............................
                                   monitoring data.
63.9(a).........................  Notification           Yes.............................
                                   requirements--applic
                                   ability and general
                                   information.

[[Page 403]]


63.9(b).........................  Initial notifications  Yes.............................
63.9(c).........................  Request for extension  Yes.............................
                                   of compliance.
63.9(d).........................  Notification that      Yes.............................
                                   source subject to
                                   special compliance
                                   requirements.
63.9(e).........................  Notification of        Yes.............................
                                   performance test.
63.9(f).........................  Notification of        Yes.............................  Subpart MM does not
                                   opacity and VE                                           contain any opacity
                                   observations.                                            or VE standards;
                                                                                            however, Sec.
                                                                                            63.864 specifies
                                                                                            opacity monitoring
                                                                                            requirements.
63.9(g)(1)......................  Additional             Yes.............................
                                   notification
                                   requirements for
                                   sources with CMS.
63.9(g)(2)......................  Notification of        Yes.............................  Subpart MM does not
                                   compliance with                                          contain any opacity
                                   opacity emissions                                        or VE emissions
                                   standard.                                                standards; however,
                                                                                            Sec. 63.864
                                                                                            specifies opacity
                                                                                            monitoring
                                                                                            requirements.
63.9(g)(3)......................  Notification that      Yes.............................
                                   criterion to
                                   continue use of
                                   alternative to
                                   relative accuracy
                                   testing has been
                                   exceeded.
63.9(h).........................  Notification of        Yes.............................
                                   compliance status.
63.9(i).........................  Adjustment to time     Yes.............................
                                   periods or postmark
                                   deadlines for
                                   submittal and review
                                   of required
                                   communications.
63.9(j).........................  Change in information  Yes.............................
                                   already provided.
63.10(a)........................  Recordkeeping          Yes.............................  See Sec. 63.866.
                                   requirements--applic
                                   ability and general
                                   information.
63.10(b)(1).....................  Records retention....  Yes.............................
63.10(b)(2).....................  Information and        Yes.............................
                                   documentation to
                                   support
                                   notifications and
                                   demonstrate
                                   compliance.
63.10(b)(3).....................  Records retention for  Yes.............................  Applicability
                                   sources not subject                                      requirements are
                                   to relevant standard.                                    given in Sec.
                                                                                            63.860.
63.10(c)........................  Additional             Yes.............................
                                   recordkeeping
                                   requirements for
                                   sources with CMS..
63.10(d)(1).....................  General reporting      Yes.............................
                                   requirements.
63.10(d)(2).....................  Reporting results of   Yes.............................
                                   performance tests.
63.10(d)(3).....................  Reporting results of   Yes.............................  Subpart MM does not
                                   opacity or VE                                            include any opacity
                                   observations.                                            or VE standards;
                                                                                            however, Sec.
                                                                                            63.864 specifies
                                                                                            opacity monitoring
                                                                                            requirements.
63.10(d)(4).....................  Progress reports.....  Yes.............................
63.10(d)(5).....................  Periodic and           Yes.............................
                                   immediate startup,
                                   shutdown, and
                                   malfunction reports.
63.10(e)........................  Additional reporting   Yes.............................
                                   requirements for
                                   sources with CMS.
63.10(f)........................  Waiver of              Yes.............................
                                   recordkeeping and
                                   reporting
                                   requirements.
63.11...........................  Control device         No..............................  The use of flares to
                                   requirements for                                         meet the standards
                                   flares.                                                  in subpart MM is not
                                                                                            anticipated.
63.12...........................  State authority and    Yes.............................
                                   delegations.
63.13...........................  Addresses of State     Yes.............................
                                   air pollution
                                   control agencies and
                                   EPA Regional Offices.
63.14...........................  Incorporations by      Yes.............................
                                   reference.
63.15...........................  Availability of        Yes.............................
                                   information and
                                   confidentiality.
----------------------------------------------------------------------------------------------------------------


[[Page 404]]


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



        Subpart OO_National Emission Standards for Tanks_Level 1

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



Sec. 63.900  Applicability.

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



Sec. 63.901  Definitions.

    All terms used in this subpart shall have the meaning given to them
in the Act and in this section. If a term is defined in both this
section and in another subpart that references the use of this subpart,
then the definition in this subpart shall take precedence when
implementing this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other
type of fitting that, when the device is secured in the closed position,
prevents or reduces air emissions to the atmosphere by blocking an
opening in a fixed roof. Closure devices include devices that are
detachable from the cover (e.g., a sampling port cap), manually operated
(e.g., a hinged access lid or hatch), or automatically operated (e.g., a
spring-loaded pressure relief valve).
    Fixed roof means a cover that is mounted on a tank in a stationary
position and does not move with fluctuations in the level of the liquid
managed in the tank.
    No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in Sec. 63.905(a)
of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in tanks using air emission
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions to prevent physical damage or permanent deformation to
equipment by venting gases or vapors during unsafe conditions resulting
from an unplanned, accidental, or emergency event. For the purpose of
this subpart, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath a cover such as during
filling of the unit or to adjust the pressure in this vapor headspace in
response to normal daily diurnal ambient temperature fluctuations. A
safety device is designed to remain in a closed position during normal
operations and open only when the internal pressure, or another relevant
parameter, exceeds the device threshold setting applicable to the
equipment as determined by the owner or operator based on manufacturer
recommendations, applicable regulations, fire protection and prevention
codes, standard engineering codes and practices, or other requirements
for the safe handling of flammable, combustible, explosive, reactive, or
hazardous materials.
    Tank means a stationary unit that is constructed primarily of
nonearthen materials (such as wood, concrete, steel, fiberglass, or
plastic) which provide structural support and is designed to hold an
accumulation of liquids or other materials.

[61 FR 34184, July 1, 1996, as amended at 64 FR 38985, July 20, 1999]



Sec. 63.902  Standards--Tank fixed roof.

    (a) This section applies to owners and operators subject to this
subpart and controlling air emissions from a tank using a fixed roof.
This section does not apply to a fixed-roof tank that is also equipped
with an internal floating roof.
    (b) The tank shall be equipped with a fixed roof designed to meet
the following specifications:

[[Page 405]]

    (1) The fixed roof and its closure devices shall be designed to form
a continuous barrier over the entire surface area of the liquid in the
tank. The fixed roof may be a separate cover installed on the tank
(e.g., a removable cover mounted on an open-top tank) or may be an
integral part of the tank structural design (e.g., a horizontal
cylindrical tank equipped with a hatch).
    (2) The fixed roof shall be installed in a manner such that there
are no visible cracks, holes, gaps, or other open spaces between roof
section joints or between the interface of the roof edge and the tank
wall.
    (3) Each opening in the fixed roof, and any manifold system
associated with the fixed roof, shall be either:
    (i) equipped with a closure device designed to operate such that
when the closure device is secured in the closed position there are no
visible cracks, holes, gaps, or other open spaces in the closure device
or between the perimeter of the opening and the closure device; or
    (ii) connected by a closed-vent system that is vented to a control
device. The control device shall remove or destroy organics in the vent
stream, and shall be operating whenever regulated material is managed in
the tank.
    (4) The fixed roof and its closure devices shall be made of suitable
materials that will minimize exposure of the regulated-material to the
atmosphere, to the extent practical, and will maintain the integrity of
the equipment throughout its intended service life. Factors to be
considered when selecting the materials for and designing the fixed roof
and closure devices shall include: organic vapor permeability, the
effects of any contact with the liquid or its vapors managed in the
tank; the effects of outdoor exposure to wind, moisture, and sunlight;
and the operating practices used for the tank on which the fixed roof is
installed.
    (c) Whenever a regulated-material is in the tank, the fixed roof
shall be installed with each closure device secured in the closed
position except as follows:
    (1) Opening of closure devices or removal of the fixed roof is
allowed at the following times:
    (i) To provide access to the tank for performing routine inspection,
maintenance, or other activities needed for normal operations. Examples
of such activities include those times when a worker needs to open a
port to sample the liquid in the tank, or when a worker needs to open a
hatch to maintain or repair equipment. Following completion of the
activity, the owner or operator shall promptly secure the closure device
in the closed position or reinstall the cover, as applicable, to the
tank.
    (ii) To remove accumulated sludge or other residues from the bottom
of tank.
    (2) Opening of a spring-loaded pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which vents
to the atmosphere is allowed during normal operations for the purpose of
maintaining the tank internal pressure in accordance with the tank
design specifications. The device shall be designed to operate with no
detectable organic emissions when the device is secured in the closed
position. The settings at which the device opens shall be established
such that the device remains in the closed position whenever the tank
internal pressure is within the internal pressure operating range
determined by the owner or operator based on the tank manufacturer
recommendations, applicable regulations, fire protection and prevention
codes, standard engineering codes and practices, or other requirements
for the safe handling of flammable, combustible, explosive, reactive, or
hazardous materials. Examples of normal operating conditions that may
require these devices to open are during those times when the container
internal pressure exceeds the internal pressure operating range for the
tank as a result of loading operations or diurnal ambient temperature
fluctuations.
    (3) Opening of a safety device, as defined in Sec. 63.901 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.

[[Page 406]]

    (d) The owner or operator shall inspect the air emission control
equipment in accordance with the requirements specified in
Sec. 63.906(a) of this subpart.

[61 FR 34184, July 1, 1996, as amended at 64 FR 38986, July 20, 1999]



Secs. 63.903-63.904  [Reserved]



Sec. 63.905  Test methods and procedures.

    (a) Procedure for determining no detectable organic emissions for
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to: the interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the unit contains a material
having a total organic concentration representative of the range of
concentrations for the materials expected to be managed in the unit.
During the test, the cover and closure devices shall be secured in the
closed position.
    (3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the material placed
in the unit, not for each individual organic constituent.
    (4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane in air at a concentration of
approximately, but less than 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the
detection instrument readings to account for the background organic
concentration level. If an owner or operator chooses to adjust the
instrument readings for the background level, the background level value
must be determined according to the procedures in Method 21 of 40 CFR
part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing the
instrument probe around the potential leak interface as close to the
interface as possible, as described in Method 21. In the case when the
configuration of the cover or closure device prevents a complete
traverse of the interface, all accessible portions of the interface
shall be sampled. In the case when the configuration of the closure
device prevents any sampling at the interface and the device is equipped
with an enclosed extension or horn (e.g., some pressure relief devices),
the instrument probe inlet shall be placed at approximately the center
of the exhaust area to the atmosphere.
    (8) An owner or operator must determine if a potential leak
interface operates with no detectable emissions using the applicable
procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this
section.
    (i) If an owner or operator chooses not to adjust the detection
instrument readings for the background organic concentration level, then
the maximum organic concentration value measured by the detection
instrument is compared directly to the applicable value for the
potential leak interface as specified in paragraph (a)(9) of this
section.
    (ii) If an owner or operator chooses to adjust the detection
instrument readings for the background organic concentration level, the
value of the arithmetic difference between the maximum organic
concentration value measured by the instrument and the background
organic concentration value as determined in paragraph (a)(6) of this
section is compared with the applicable value for the potential leak
interface as specified in paragraph (a)(9) of this section.
    (9) A potential leak interface is determined to operate with no
detectable

[[Page 407]]

emissions using the applicable criteria specified in paragraphs
(a)(9)(i) and (a)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft
that passes through a cover opening, the potential leak interface is
determined to operate with no detectable organic emissions if the
organic concentration value determined in paragraph (a)(8) is less than
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening,
the potential leak interface is determined to operate with no detectable
organic emissions if the organic concentration value determined in
paragraph (a)(8) is less than 10,000 ppmv.
    (b) [Reserved]

[64 FR 38986, July 20, 1999]



Sec. 63.906  Inspection and monitoring requirements.

    (a) Owners and operators that use a tank equipped with a fixed roof
in accordance with the provisions of Sec. 63.902 of this subpart shall
meet the following requirements:
    (1) The fixed roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions. Defects include, but are not limited to,
visible cracks, holes, or gaps in the roof sections or between the roof
and the tank wall; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices.
    (2) The owner or operator must perform an initial inspection
following installation of the fixed roof. Thereafter, the owner or
operator must perform the inspections at least once every calendar year
except as provided for in paragraph (d) of this section.
    (3) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of paragraph
(b) of this section.
    (4) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.907 (a) of this
subpart.
    (b) The owner or operator shall repair all detected defects as
follows:
    (1) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after detection and repair shall be
completed as soon as possible but no later than 45 calendar days after
detection except as provided in paragraph (b)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if the
owner or operator determines that repair of the defect requires emptying
or temporary removal from service of the tank and no alternative tank
capacity is available at the site to accept the regulated material
normally managed in the tank. In this case, the owner or operator shall
repair the defect the next time alternative tank capacity becomes
available and the tank can be emptied or temporarily removed from
service, as necessary to complete the repair.
    (c) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in Sec. 63.907(b)
of this subpart.
    (d) Alternative inspection and monitoring interval. Following the
initial inspection and monitoring of a fixed roof in accordance with
this section, subsequent inspection and monitoring of the equipment may
be performed at intervals longer than 1 year when an owner or operator
determines that performing the required inspection or monitoring
procedures would expose a worker to dangerous, hazardous, or otherwise
unsafe conditions and the owner or operator complies with the
requirements specified in paragraphs (d)(1) and (d)(2) of this section.
    (1) The owner or operator must prepare and maintain at the plant
site written documentation identifying the specific air pollution
control equipment designated as ``unsafe to inspect and monitor.'' The
documentation must include for each piece of air pollution control
equipment designated as such a written explanation of the reasons why
the equipment is unsafe to inspect or monitor using the applicable
procedures under this section.
    (2) The owner or operator must develop and implement a written plan
and schedule to inspect and monitor the air pollution control equipment

[[Page 408]]

using the applicable procedures specified in this section during times
when a worker can safely access the air pollution control equipment. The
required inspections and monitoring must be performed as frequently as
practicable but do not need to be performed more frequently than the
periodic schedule that would be otherwise applicable to the air
pollution control equipment under the provisions of this section. A copy
of the written plan and schedule must be maintained at the plant site.

[61 FR 34184, July 1, 1996, as amended at 64 FR 38986, July 20, 1999]



Sec. 63.907  Recordkeeping requirements.

    (a) Each owner or operator shall prepare and maintain a record for
each tank that includes the following information:
    (1) A tank identification number (or other unique identification
description as selected by the owner or operator).
    (2) A description of the tank dimensions and the tank design
capacity.
    (3) The date that each inspection required by Sec. 63.906 of this
subpart is performed.
    (b) The owner or operator shall record the following information for
each defect detected during inspections required by Sec. 63.906 of this
subpart: the location of the defect, a description of the defect, the
date of detection, and corrective action taken to repair the defect. In
the event that repair of the defect is delayed in accordance with the
provisions of Sec. 63.907(b)(2) of this section, the owner or operator
shall also record the reason for the delay and the date that completion
of repair of the defect is expected.



Sec. 63.908  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if this
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.900 and
63.902.
    (2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.

[68 FR 37354, June 23, 2003]



          Subpart PP_National Emission Standards for Containers

    Source: 61 FR 34186, July 1, 1996, unless otherwise noted.



Sec. 63.920  Applicability.

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



Sec. 63.921  Definitions.

    All terms used in this subpart shall have the meaning given to them
in the Act and in this section. If a term is defined in both this
section and in another subpart that references the use of

[[Page 409]]

this subpart, then the definition in this subpart shall take precedence
when implementing this subpart.
    Container means a portable unit in which a material can be stored,
transported, treated, disposed of, or otherwise handled. Examples of
containers include but are not limited to drums, dumpsters, roll-off
boxes, bulk cargo containers commonly known as ``portable tanks'' or
``totes,'' cargo tank trucks, and tank railcars.
    Closure device means a cover, cap, hatch, lid, plug, seal, valve, or
other type of fitting that prevents or reduces air emissions to the
atmosphere by blocking an opening in a container or its cover when the
device is secured in the closed position. Closure devices include
devices that are detachable from the container (e.g., a drum head, a
threaded plug), manually operated (e.g., a hinged dumpster lid, a truck
tank hatch), or automatically operated (e.g., a spring loaded pressure
relief valve).
    Empty container means a container for which either of the following
conditions exists: the container meets the conditions for an empty
container specified in 40 CFR 261.7(b); or all regulated-material has
been removed from the container except for any regulated-material that
remains on the interior surfaces of the container as clingage or in
pools on the container bottom due to irregularities in the container.
    No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in Sec. 63.925(a)
of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in containers using air emission
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions to prevent physical damage or permanent deformation to
equipment by venting gases or vapors during unsafe conditions resulting
from an unplanned, accidental, or emergency event. For the purpose of
this subpart, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath a cover such as during
filling of the unit or to adjust the pressure in this vapor headspace in
response to normal daily diurnal ambient temperature fluctuations. A
safety device is designed to remain in a closed position during normal
operations and open only when the internal pressure, or another relevant
parameter, exceeds the device threshold setting applicable to the
equipment as determined by the owner or operator based on manufacturer
recommendations, applicable regulations, fire protection and prevention
codes, standard engineering codes and practices, or other requirements
for the safe handling of flammable, combustible, explosive, reactive, or
hazardous materials.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38987, July 20, 1999]



Sec. 63.922  Standards--Container Level 1 controls.

    (a) This section applies to owners and operators subject to this
subpart and required to control air emissions from containers using
Container Level 1 controls.
    (b) A container using Container Level 1 controls is one of the
following:
    (1) A container that meets the applicable U.S. Department of
Transportation (DOT) regulations on packaging hazardous materials for
transportation as specified in paragraph (f) of this section.
    (2) A container equipped with a cover and closure devices that form
a continuous barrier over the container openings such that when the
cover and closure devices are secured in the closed position there are
no visible holes, gaps, or other open spaces into the interior of the
container. The cover may be a separate cover installed on the container
(e.g., a lid on a drum, a suitably secured tarp on a roll-off box) or
may be an integral part of the container structural design (e.g., a bulk
cargo container equipped with a screw-type cap).
    (3) An open-top container in which an organic vapor-suppressing
barrier is placed on or over the regulated-material in the container
such that no regulated-material is exposed to the atmosphere. One
example of such a barrier is

[[Page 410]]

application of a suitable organic-vapor suppressing foam.
    (c) A container used to meet the requirements of either paragraph
(b)(2) or (b)(3) of this section shall be equipped with covers and
closure devices, as applicable to the container, that are composed of
suitable materials to minimize exposure of the regulated-material to the
atmosphere and to maintain the equipment integrity for as long as it is
in service. Factors to be considered when selecting the materials for
and designing the cover and closure devices shall include: organic vapor
permeability, the effects of contact with the material or its vapor
managed in the container; the effects of outdoor exposure to wind,
moisture, and sunlight; and the operating practices used for container
on which the cover is installed.
    (d) Whenever a regulated-material is in a container using Container
Level 1 controls, the owner or operator shall install all covers and
closure devices for the container, and secure and maintain each closure
device in the closed position except as follows:
    (1) Opening of a closure device or cover is allowed for the purpose
of adding material to the container as follows:
    (i) In the case when the container is filled to the intended final
level in one continuous operation, the owner or operator shall promptly
secure the closure devices in the closed position and install the
covers, as applicable to the container, upon conclusion of the filling
operation.
    (ii) In the case when discrete quantities or batches of material
intermittently are added to the container over a period of time, the
owner or operator shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container, upon
either: the container being filled to the intended final level; the
completion of a batch loading after which no additional material will be
added to the container within 15 minutes; the person performing the
loading operation leaves the immediate vicinity of the container; or the
shutdown of the process generating the material being added to the
container, whichever condition occurs first.
    (2) Opening of a closure device or cover is allowed for the purpose
of removing material from the container as follows:
    (i) For the purpose of meeting the requirements of this section, an
empty container as defined in Sec. 63.921 of this subpart may be open to
the atmosphere at any time (e.g., covers and closure devices are not
required to be secured in the closed position on an empty container).
    (ii) In the case when discrete quantities or batches of material are
removed from the container but the container does not meet the
conditions to be an empty container as defined in Sec. 63.921 of this
subpart, the owner or operator shall promptly secure the closure devices
in the closed position and install covers, as applicable to the
container, upon the completion of a batch removal after which no
additional material will be removed from the container within 15
minutes, or the person performing the unloading operation leaves the
immediate vicinity of the container, whichever condition occurs first.
    (3) Opening of a closure device or cover is allowed when access
inside the container is needed to perform routine activities other than
transfer of regulated-material. Examples of such activities include
those times when a worker needs to open a port to measure the depth of
or sample the material in the container, or when a worker needs to open
a manhole hatch to access equipment inside the container. Following
completion of the activity, the owner or operator shall promptly secure
the closure device in the closed position or reinstall the cover, as
applicable to the container.
    (4) Opening of a spring-loaded pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which vents
to the atmosphere is allowed during normal operations for the purpose of
maintaining the container internal pressure in accordance with the
container design specifications. The device shall be designed to operate
with no detectable organic emissions when the device is secured in the
closed position. The settings at which the device opens shall be
established such that the device remains in

[[Page 411]]

the closed position whenever the container internal pressure is within
the internal pressure operating range determined by the owner or
operator based on container manufacturer recommendations, applicable
regulations, fire protection and prevention codes, standard engineering
codes and practices, or other requirements for the safe handling of
flammable, ignitable, explosive, reactive, or hazardous materials.
Examples of normal operating conditions that may require these devices
to open are during those times when the container internal pressure
exceeds the internal pressure operating range for the container as a
result of loading operations or diurnal ambient temperature
fluctuations.
    (5) Opening of a safety device, as defined in Sec. 63.921 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
    (e) The owner or operator shall inspect containers using Container
Level 1 controls in accordance with the procedures specified in
Sec. 63.926(a) of this subpart.
    (f) For the purpose of compliance with paragraph (b)(1) of this
section, containers shall be used that meet the applicable U.S. DOT
regulations on packaging hazardous materials for transportation as
follows:
    (1) The container meets the applicable requirements specified in 49
CFR part 178--Specifications for Packagings or 49 CFR part 179--
Specifications for Tank Cars.
    (2) Regulated-material is managed in the container in accordance
with the applicable requirements specified in 49 CFR part 107 subpart
B--Exemptions; 49 CFR part 172--Hazardous Materials Table, Special
Provisions, Hazardous Materials Communications, Emergency Response
Information, and Training Requirements; 49 CFR part 173--Shippers--
General Requirements for Shipments and Packaging; and 49 CFR part 180--
Continuing Qualification and Maintenance of Packagings.
    (3) For the purpose of complying with this subpart, no exceptions to
the 49 CFR part 178 or part 179 regulations are allowed except as
provided for in paragraph (f)(4) of this section.
    (4) For a lab pack that is managed in accordance with the
requirements of 49 CFR part 178 for the purpose of complying with this
subpart, an owner or operator may comply with the exceptions for those
packagings specified in 49 CFR 173.12(b).



Sec. 63.923  Standards--Container Level 2 controls.

    (a) This section applies to owners and operators subject to this
subpart and required to control air emissions from containers using
Container Level 2 controls.
    (b) A container using Container Level 2 controls is one of the
following:
    (1) A container that meets the applicable U.S. Department of
Transportation (DOT) regulations on packaging hazardous materials for
transportation as specified in paragraph (f) of this section.
    (2) A container that has been demonstrated to operate with no
detectable organic emissions as defined in Sec. 63.921 of this subpart.
    (3) A container that has been demonstrated within the preceding 12
months to be vapor-tight by using Method 27 in appendix A of 40 CFR part
60 in accordance with the procedure specified in Sec. 63.925(b) of this
subpart.
    (c) Transfer of regulated-material in to or out of a container using
Container Level 2 controls shall be conducted in such a manner as to
minimize exposure of the regulated-material to the atmosphere, to the
extent practical, considering the physical properties of the regulated-
material and good engineering and safety practices for handling
flammable, ignitable, explosive, or other hazardous materials. Examples
of container loading procedures that meet the requirements of this
paragraph include using any one of the following: a submerged-fill pipe
or other submerged-fill method to load liquids into the container; a
vapor-balancing system or a vapor-recovery system to collect and control
the vapors displaced from the container during filling operations; or a
fitted opening in the top of a container through which the regulated-
material is filled, with subsequent purging of the transfer line before
removing it from the container opening.
    (d) Whenever a regulated-material is in a container using Container
Level 2

[[Page 412]]

controls, the owner or operator shall install all covers and closure
devices for the container, and secure and maintain each closure device
in the closed position except as follows:
    (1) Opening of a closure device or cover is allowed for the purpose
of adding material to the container as follows:
    (i) In the case when the container is filled to the intended final
level in one continuous operation, the owner or operator shall promptly
secure the closure devices in the closed position and install the
covers, as applicable to the container, upon conclusion of the filling
operation.
    (ii) In the case when discrete quantities or batches of material
intermittently are added to the container over a period of time, the
owner or operator shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container, upon
either the container being filled to the intended final level, the
completion of a batch loading after which no additional material will be
added to the container within 15 minutes, the person performing the
loading operation leaves the immediate vicinity of the container, or the
shutdown of the process generating the material being added to the
container, whichever condition occurs first.
    (2) Opening of a closure device or cover is allowed for the purpose
of removing material from the container as follows:
    (i) For the purpose of meeting the requirements of this section, an
empty container as defined in Sec. 63.921 of this subpart may be open to
the atmosphere at any time (e.g., covers and closure devices are not
required to be secured in the closed position on an empty container).
    (ii) In the case when discrete quantities or batches of material are
removed from the container but the container does not meet the
conditions to be an empty container as defined in Sec. 63.921 of this
subpart, the owner or operator shall promptly secure the closure devices
in the closed position and install covers, as applicable to the
container, upon the completion of a batch removal after which no
additional material will be removed from the container within 15 minutes
or the person performing the unloading operation leaves the immediate
vicinity of the container, whichever condition occurs first.
    (3) Opening of a closure device or cover is allowed when access
inside the container is needed to perform routine activities other than
transfer of regulated-material. Examples of such activities include
those times when a worker needs to open a port to measure the depth of
or sample the material in the container, or when a worker needs to open
a manhole hatch to access equipment inside the container. Following
completion of the activity, the owner or operator shall promptly secure
the closure device in the closed position or reinstall the cover, as
applicable to the container.
    (4) Opening of a spring-loaded pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which vents
to the atmosphere is allowed during normal operations for the purpose of
maintaining the container internal pressure in accordance with the
container design specifications. The device shall be designed to operate
with no detectable organic emissions when the device is secured in the
closed position. The settings at which the device opens shall be
established such that the device remains in the closed position whenever
the container internal pressure is within the internal pressure
operating range determined by the owner or operator based on container
manufacturer recommendations, applicable regulations, fire protection
and prevention codes, standard engineering codes and practices, or other
requirements for the safe handling of flammable, combustible, explosive,
reactive, or hazardous materials. Examples of normal operating
conditions that may require these devices to open are during those times
when the container internal pressure exceeds the internal pressure
operating range for the container as a result of loading operations or
diurnal ambient temperature fluctuations.
    (5) Opening of a safety device, as defined in Sec. 63.921 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.

[[Page 413]]

    (e) The owner or operator shall inspect containers using Container
Level 2 controls in accordance with the procedures specified in
Sec. 63.926(a) of this subpart.
    (f) For the purpose of compliance with paragraph (b)(1) of this
section, containers shall be used that meet the applicable U.S. DOT
regulations on packaging hazardous materials for transportation as
follows:
    (1) The container meets the applicable requirements specified in 49
CFR part 178--Specifications for Packagings or 49 CFR part 179--
Specifications for Tank Cars.
    (2) Regulated-material is managed in the container in accordance
with the applicable requirements specified in 49 CFR part 107 subpart
B--Exemptions; 49 CFR part 172--Hazardous Materials Table, Special
Provisions, Hazardous Materials Communications, Emergency Response
Information, and Training Requirements; 49 CFR part 173--Shippers--
General Requirements for Shipments and Packaging; and 49 CFR part 180--
Continuing Qualification and Maintenance of Packagings.
    (3) For the purpose of complying with this subpart, no exceptions to
the 49 CFR part 178 or part 179 regulations are allowed except as
provided for in paragraph (f)(4) of this section.
    (4) For a lab pack that is managed in accordance with the
requirements of 49 CFR part 178 for the purpose of complying with this
subpart, an owner or operator may comply with the exceptions for those
packagings specified in 49 CFR 173.12(b).



Sec. 63.924  Standards--Container Level 3 controls.

    (a) This section applies to owners and operators subject to this
subpart and required to control air emissions from containers using
Container Level 3 controls.
    (b) A container using Container Level 3 controls is one of the
following:
    (1) A container that is vented directly through a closed-vent system
to a control device in accordance with the requirements of paragraphs
(c)(2) of this section.
    (2) A container that is vented inside an enclosure which is
exhausted through a closed-vent system to a control device in accordance
with the requirements of paragraphs (c)(1) and (c)(2) of this section.
    (c) The owner or operator shall meet the following requirements as
applicable to the type of air emission control equipment selected by the
owner or operator:
    (1) The enclosure shall be designed and operated in accordance with
the criteria for a permanent total enclosure as specified in ``Procedure
T--Criteria for and Verification of a Permanent or Temporary Total
Enclosure'' under 40 CFR 52.741, appendix B. The enclosure may have
permanent or temporary openings to allow worker access; passage of
containers through the enclosure by conveyor or other mechanical means;
entry of permanent mechanical or electrical equipment; or to direct
airflow into the enclosure. The owner or operator shall perform the
verification procedure for the enclosure as specified in Section 5.0 to
``Procedure T--Criteria for and Verification of a Permanent or Temporary
Total Enclosure'' initially when the enclosure is first installed and,
thereafter, annually.
    (2) The closed-vent system and control device shall be designed and
operated in accordance with the requirements of Sec. 63.693.
    (d) Safety devices, as defined in Sec. 63.921 of this subpart, may
be installed and operated as necessary on any container, enclosure,
closed-vent system, or control device used to comply with this section.

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



Sec. 63.925  Test methods and procedures.

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

[[Page 414]]

opening on the cover and its associated closure device; and the sealing
seat interface on a spring-loaded pressure-relief valve.
    (2) The test shall be performed when the unit contains a material
having a total organic concentration representative of the range of
concentrations for the materials expected to be managed in the unit.
During the test, the cover and closure devices shall be secured in the
closed position.
    (3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the material placed
in the unit, not for each individual organic constituent.
    (4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane in air at a concentration of
approximately, but less than 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the
detection instrument readings to account for the background organic
concentration level. If an owner or operator chooses to adjust the
instrument readings for the background level, the background level value
must be determined according to the procedures in Method 21 of 40 CFR
part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing the
instrument probe around the potential leak interface as close to the
interface as possible, as described in Method 21. In the case when the
configuration of the cover or closure device prevents a complete
traverse of the interface, all accessible portions of the interface
shall be sampled. In the case when the configuration of the closure
device prevents any sampling at the interface and the device is equipped
with an enclosed extension or horn (e.g., some pressure relief devices),
the instrument probe inlet shall be placed at approximately the center
of the exhaust area to the atmosphere.
    (8) An owner or operator must determine if a potential leak
interface operates with no detectable emissions using the applicable
procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this
section.
    (i) If an owner or operator chooses not to adjust the detection
instrument readings for the background organic concentration level, then
the maximum organic concentration value measured by the detection
instrument is compared directly to the applicable value for the
potential leak interface as specified in paragraph (a)(9) of this
section.
    (ii) If an owner or operator chooses to adjust the detection
instrument readings for the background organic concentration level, the
value of the arithmetic difference between the maximum organic
concentration value measured by the instrument and the background
organic concentration value as determined in paragraph (a)(6) of this
section is compared with the applicable value for the potential leak
interface as specified in paragraph (a)(9) of this section.
    (9) A potential leak interface is determined to operate with no
detectable emissions using the applicable criteria specified in
paragraphs (a)(9)(i) and (a)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft
that passes through a cover opening, the potential leak interface is
determined to operate with no detectable organic emissions if the
organic concentration value determined in paragraph (a)(8) is less than
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening,
the potential leak interface is determined to operate with no detectable
organic emissions if the organic concentration value determined in
paragraph (a)(8) is less than 10,000 ppmv.
    (b) Procedure for determining a container to be vapor-tight for the
purpose of complying with this subpart.
    (1) The test shall be performed in accordance with Method 27 of 40
CFR part 60, appendix A of this chapter.
    (2) A pressure measurement device shall be used that has a precision
of

[[Page 415]]

2.5 mm water and that is capable of measuring above the pressure at
which the container is to be tested for vapor tightness.
    (3) If the test results determined by Method 27 indicate that the
container sustains a pressure change less than or equal to 750 Pascals
within 5 minutes after it is pressurized to a minimum of 4,500 Pascals,
then the container is determined to be vapor-tight.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38987, July 20, 1999]



Sec. 63.926  Inspection and monitoring requirements.

    (a) Owners and operators of containers using either Container Level
1 or Container Level 2 controls in accordance with the provisions of
Sec. 63.922 and Sec. 63.923 of this subpart, respectively, shall inspect
the container and its cover and closure devices as follows:
    (1) In the case when a regulated-material already is in the
container at the time the owner or operator first accepts possession of
the container at the facility site and the container is not emptied
(i.e., does not meet the conditions for an empty container as defined in
Sec. 63.921 of this subpart) within 24 hours after the container has
been accepted at the facility site, the container and its cover and
closure devices shall be visually inspected by the owner or operator to
check for visible cracks, holes, gaps, or other open spaces into the
interior of the container when the cover and closure devices are secured
in the closed position. This inspection of the container must be
conducted on or before the date that the container is accepted at the
facility (i.e., the date that the container becomes subject to the
standards under this subpart). For the purpose of this requirement, the
date of acceptance is the date of signature of the facility owner or
operator on the manifest or shipping papers accompanying the container.
If a defect is detected, the owner or operator shall repair the defect
in accordance with the requirements of paragraph (a)(3) of this section.
    (2) In the case when a container filled or partially filled with
regulated-material remains unopened at the facility site for a period of
1 year or more, the container and its cover and closure devices shall be
visually inspected by the owner or operator initially and thereafter, at
least once every calendar year, to check for visible cracks, holes,
gaps, or other open spaces into the interior of the container when the
cover and closure devices are secured in the closed position. If a
defect is detected, the owner or operator shall repair the defect in
accordance with the requirements of paragraph (a)(3) of this section.
    (3) When a defect is detected for the container, cover, or closure
devices, the owner or operator must either empty the regulated-material
from the defective container in accordance with paragraph (a)(3)(i) of
this section or repair the defective container in accordance with
paragraph (a)(3)(ii) of this section.
    (i) If the owner or operator elects to empty the regulated-material
from the defective container, the owner or operator must remove the
regulated-material from the defective container to meet the conditions
for an empty container (as defined in Sec. 63.921 of this subpart) and
transfer the removed regulated-material to either a container that meets
the applicable standards under this subpart or to a tank, process, or
treatment unit that meets the applicable standards under the subpart
referencing this subpart. Transfer of the regulated-material must be
completed no later than 5 calendar days after detection of the defect.
The emptied defective container must be either repaired, destroyed, or
used for purposes other than management of regulated-material.
    (ii) If the owner or operator elects not to empty the regulated-
material from the defective container, the owner or operator must repair
the defective container. First efforts at repair of the defect must be
made no later than 24 hours after detection and repair must be completed
as soon as possible but no later than 5 calendar days after detection.
If repair of a defect cannot be completed within 5 calendar days, then
the regulated-material must be emptied from the container and the
container must not be used to manage regulated-material until the defect
is repaired.

[[Page 416]]

    (b) Owners and operators using Container Level 3 controls in
accordance with the provisions of Sec. 63.924 of this subpart shall
inspect and monitor the closed-vent systems and control devices in
accordance with the requirements of Sec. 63.693 in 40 CFR part 63,
Subpart DD--National Emission Standards for Hazardous Air Pollutants
from Off-Site Waste and Recovery Operations.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38988, July 20, 1999]



Sec. 63.927  Recordkeeping requirements.

    (a) Owners and operators that use Container Level 3 controls in
accordance with the provisions of Sec. 63.924 of this subpart shall
prepare and maintain the following records:
    (1) Records for the most recent set of calculations and measurements
performed by the owner or operator to verify that the enclosure meets
the criteria of a permanent total enclosure as specified in ``Procedure
T--Criteria for and Verification of a Permanent or Temporary Total
Enclosure'' under 40 CFR 52.741, appendix B.
    (2) Records required for the closed-vent system and control device
in accordance with the requirements of Sec. 63.693 in 40 CFR part 63,
Subpart DD--National Emission Standards for Hazardous Air Pollutants
from Off-Site Waste and Recovery Operations.
    (b) [Reserved]



Sec. 63.928  Reporting requirements.

    (a) For owners and operators that use Container Level 3 controls in
accordance with the provisions of Sec. 63.924 of this subpart, the owner
or operator shall prepare and submit to the Administrator the reports
required for closed-vent systems and control devices in accordance with
the requirements of Sec. 63.693 in 40 CFR part 63, Subpart DD--National
Emission Standards for Hazardous Air Pollutant Standards from Off-Site
Waste and Recovery Operations.
    (b) [Reserved]



Sec. 63.929  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if this
subpart 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 Secs. 63.920 and
63.922 through 63.924. Where these standards reference another subpart,
the cited provisions will be delegated according to the delegation
provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.

[68 FR 37355, June 23, 2003]



     Subpart QQ_National Emission Standards for Surface Impoundments

    Source: 61 FR 34190, July 1, 1996, unless otherwise noted.



Sec. 63.940  Applicability.

    The provisions of this subpart apply to the control of air emissions
from surface impoundments for which another subpart of 40 CFR parts 60,
61, or 63 references the use of this subpart for such air emission
control. These air

[[Page 417]]

emission standards for surface impoundments are placed here for
administrative convenience and only apply to those owners and operators
of facilities subject to the other subparts that reference this subpart.
The provisions of 40 CFR part 63, subpart AA--General Provisions do not
apply to this subpart except as noted in the subpart that references
this subpart.



Sec. 63.941  Definitions.

    All terms used in this subpart shall have the meaning given to them
in the Act and in this section. If a term is defined in both this
section and in another subpart that references the use of this subpart,
then the definition in this subpart shall take precedence when
implementing this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other
type of fitting that prevents or reduces air emissions to the atmosphere
by blocking an opening in a surface impoundment cover when the device is
secured in the closed position. Closure devices include devices that are
detachable from the cover (e.g., a sampling port cap), manually operated
(e.g., a hinged access lid or hatch), or automatically operated (e.g., a
spring loaded pressure relief valve).
    Cover means a device or system that provides a continuous barrier
over the material managed in a surface impoundment to prevent or reduce
air pollutant emissions to the atmosphere. A cover may have openings
needed for operation, inspection, sampling, maintenance, and repair of
the surface impoundment provided that each opening is closed when not in
use (e.g., access hatches, sampling ports). Examples of a cover for a
surface impoundment include, but are not limited to, a floating membrane
cover placed on the surface of the material in the surface impoundment
or an air-supported structure installed over the surface impoundment.
    No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in Sec. 63.944(a)
of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in containers using air emission
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions to prevent physical damage or permanent deformation to
equipment by venting gases or vapors during unsafe conditions resulting
from an unplanned, accidental, or emergency event. For the purpose of
this subpart, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath a cover such as during
filling of the unit or to adjust the pressure in this vapor headspace in
response to normal daily diurnal ambient temperature fluctuations. A
safety device is designed to remain in a closed position during normal
operations and open only when the internal pressure, or another relevant
parameter, exceeds the device threshold setting applicable to the
equipment as determined by the owner or operator based on manufacturer
recommendations, applicable regulations, fire protection and prevention
codes, standard engineering codes and practices, or other requirements
for the safe handling of flammable, combustible, explosive, reactive, or
hazardous materials.
    Surface impoundment means a unit that is a natural topographical
depression, man-made excavation, or diked area formed primarily of
earthen materials (although it may be lined with man-made materials),
which is designed to hold an accumulation of liquids. Examples of
surface impoundments include holding, storage, settling, and aeration
pits, ponds, and lagoons.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38988, July 20, 1999]



Sec. 63.942  Standards--Surface impoundment floating membrane cover.

    (a) This section applies to owners and operators subject to this
subpart and controlling air emissions from a surface impoundment using a
floating membrane cover.
    (b) The surface impoundment shall be equipped with a floating
membrane cover designed to meet the following specifications:

[[Page 418]]

    (1) The floating membrane cover shall be designed to float on the
liquid surface during normal operations, and form a continuous barrier
over the entire surface area of the liquid.
    (2) The cover shall be fabricated from a synthetic membrane material
that is either:
    (i) High density polyethylene (HDPE) with a thickness no less than
2.5 millimeters (mm); or
    (ii) A material or a composite of different materials determined to
have both organic permeability properties that are equivalent to those
of the material listed in paragraph (b)(2)(i) of this section; and
chemical and physical properties that maintain the material integrity
for the intended service life of the material.
    (3) The cover shall be installed in a manner such that there are no
visible cracks, holes, gaps, or other open spaces between cover section
seams or between the interface of the cover edge and its foundation
mountings.
    (4) Except as provided for in paragraph (b)(5) of this section, each
opening in the floating membrane cover shall be equipped with a closure
device designed to operate such that when the closure device is secured
in the closed position there are no visible cracks, holes, gaps, or
other open spaces in the closure device or between the perimeter of the
cover opening and the closure device.
    (5) The floating membrane cover may be equipped with one or more
emergency cover drains for removal of stormwater. Each emergency cover
drain shall be equipped with a slotted membrane fabric cover that covers
at least 90 percent of the area of the opening or a flexible fabric
sleeve seal.
    (6) The closure devices shall be made of suitable materials that
will minimize exposure of the regulated-material to the atmosphere, to
the extent practical, and will maintain the integrity of the equipment
throughout its intended service life. Factors to be considered when
selecting the materials for and designing the cover and closure devices
shall include: organic vapor permeability; the effects of any contact
with the liquid and its vapor managed in the surface impoundment; the
effects of outdoor exposure to wind, moisture, and sunlight; and the
operating practices used for the surface impoundment on which the
floating membrane cover is installed.
    (c) Whenever a regulated-material is in the surface impoundment, the
floating membrane cover shall float on the liquid and each closure
device shall be secured in the closed position except as follows:
    (1) Opening of closure devices or removal of the cover is allowed at
the following times:
    (i) To provide access to the surface impoundment for performing
routine inspection, maintenance, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a port to sample the liquid in the surface
impoundment, or when a worker needs to open a hatch to maintain or
repair equipment. Following completion of the activity, the owner or
operator shall promptly replace the cover and secure the closure device
in the closed position, as applicable.
    (ii) To remove accumulated sludge or other residues from the bottom
of surface impoundment.
    (2) Opening of a spring-loaded pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which vents
to the atmosphere is allowed during normal operations for the purpose of
maintaining the pressure in the vapor headspace underneath the cover in
accordance with the cover design specifications. The device shall be
designed to operate with no detectable organic emissions as defined in
Sec. 63.941 of this subpart when the device is secured in the closed
position. The settings at which the device opens shall be established
such that the device remains in the closed position whenever the cover
vapor headspace pressure is within the pressure operating range
determined by the owner or operator based on the cover manufacturer
recommendations, applicable regulations, fire protection and prevention
codes, standard engineering codes and practices, or other requirements
for the safe handling of flammable, ignitible, explosive, reactive, or
hazardous materials.

[[Page 419]]

    (3) Opening of a safety device, as defined in Sec. 63.941 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
    (d) The owner or operator shall inspect the floating membrane cover
in accordance with the procedures specified in Sec. 63.946(a) of this
subpart.



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

    (a) This section applies to owners and operators subject to this
subpart and controlling air emissions from a surface impoundment using a
cover and venting the vapor headspace underneath the cover through a
closed-vent system to a control device.
    (b) The surface impoundment shall be covered by a cover and vented
directly through a closed-vent system to a control device in accordance
with the following requirements:
    (1) The cover and its closure devices shall be designed to form a
continuous barrier over the entire surface area of the liquid in the
surface impoundment.
    (2) Each opening in the cover not vented to the control device shall
be equipped with a closure device. If the pressure in the vapor
headspace underneath the cover is less than atmospheric pressure when
the control device is operating, the closure devices shall be designed
to operate such that when the closure device is secured in the closed
position there are no visible cracks, holes, gaps, or other open spaces
in the closure device or between the perimeter of the cover opening and
the closure device. If the pressure in the vapor headspace underneath
the cover is equal to or greater than atmospheric pressure when the
control device is operating, the closure device shall be designed to
operate with no detectable organic emissions using the procedure
specified in Sec. 63.945(a) of this subpart.
    (3) The cover and its closure devices shall be made of suitable
materials that will minimize exposure of the regulated-material to the
atmosphere, to the extent practical, and will maintain the integrity of
the equipment throughout its intended service life. Factors to be
considered when selecting the materials for and designing the cover and
closure devices shall include: organic vapor permeability; the effects
of any contact with the liquid or its vapors managed in the surface
impoundment; the effects of outdoor exposure to wind, moisture, and
sunlight; and the operating practices used for the surface impoundment
on which the cover is installed.
    (4) The closed-vent system and control device shall be designed and
operated in accordance with the requirements of Sec. 63.693 in 40 CFR
part 63, subpart DD--National Emission Standards for Hazardous Air
Pollutant Standards from Off-Site Waste and Recovery Operations.
    (c) Whenever a regulated-material is in the surface impoundment, the
cover shall be installed with each closure device secured in the closed
position and the vapor headspace underneath the cover vented to the
control device except as follows:
    (1) Venting to the control device is not required, and opening of
closure devices or removal of the cover is allowed at the following
times:
    (i) To provide access to the surface impoundment for performing
routine inspection, maintenance, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a port to sample liquid in the surface impoundment,
or when a worker needs to open a hatch to maintain or repair equipment.
Following completion of the activity, the owner or operator shall
promptly secure the closure device in the closed position or reinstall
the cover, as applicable, to the surface impoundment.
    (ii) To remove accumulated sludge or other residues from the bottom
of surface impoundment.
    (2) Opening of a safety device, as defined in Sec. 63.941 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
    (d) The owner or operator shall inspect and monitor the air emission
control equipment in accordance with the procedures specified in
Sec. 63.946(b) of this subpart.

[[Page 420]]



Sec. 63.944  [Reserved]



Sec. 63.945  Test methods and procedures.

    (a) Procedure for determining no detectable organic emissions for
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to the interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the unit contains a material
having a total organic concentration representative of the range of
concentrations for the materials expected to be managed in the unit.
During the test, the cover and closure devices shall be secured in the
closed position.
    (3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the material placed
in the unit, not for each individual organic constituent.
    (4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane in air at a concentration of
approximately, but less than 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the
detection instrument readings to account for the background organic
concentration level. If an owner or operator chooses to adjust the
instrument readings for the background level, the background level value
must be determined according to the procedures in Method 21 of 40 CFR
part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing the
instrument probe around the potential leak interface as close to the
interface as possible, as described in Method 21. In the case when the
configuration of the cover or closure device prevents a complete
traverse of the interface, all accessible portions of the interface
shall be sampled. In the case when the configuration of the closure
device prevents any sampling at the interface and the device is equipped
with an enclosed extension or horn (e.g., some pressure relief devices),
the instrument probe inlet shall be placed at approximately the center
of the exhaust area to the atmosphere.
    (8) An owner or operator must determine if a potential leak
interface operates with no detectable emissions using the applicable
procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this
section.
    (i) If an owner or operator chooses not to adjust the detection
instrument readings for the background organic concentration level, then
the maximum organic concentration value measured by the detection
instrument is compared directly to the applicable value for the
potential leak interface as specified in paragraph (a)(9) of this
section.
    (ii) If an owner or operator chooses to adjust the detection
instrument readings for the background organic concentration level, the
value of the arithmetic difference between the maximum organic
concentration value measured by the instrument and the background
organic concentration value as determined in paragraph (a)(6) of this
section is compared with the applicable value for the potential leak
interface as specified in paragraph (a)(9) of this section.
    (9) A potential leak interface is determined to operate with no
detectable emissions using the applicable criteria specified in
paragraphs (a)(9)(i) and (a)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft
that passes through a cover opening, the potential leak interface is
determined to operate with no detectable organic

[[Page 421]]

emissions if the organic concentration value determined in paragraph
(a)(8) is less than 500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening,
the potential leak interface is determined to operate with no detectable
organic emissions if the organic concentration value determined in
paragraph (a)(8) is less than 10,000 ppmv.
    (b) [Reserved]

[64 FR 38988, July 20, 1999]



Sec. 63.946  Inspection and monitoring requirements.

    (a) Owners and operators that use a surface impoundment equipped
with a floating membrane cover in accordance with the provisions of
Sec. 63.942 of this subpart shall meet the following requirements:
    (1) The floating membrane cover and its closure devices shall be
visually inspected by the owner or operator to check for defects that
could result in air emissions. Defects include, but are not limited to,
visible cracks, holes, or gaps in the cover section seams or between the
interface of the cover edge and its foundation mountings; broken,
cracked, or otherwise damaged seals or gaskets on closure devices; and
broken or missing hatches, access covers, caps, or other closure
devices.
    (2) The owner or operator must perform an initial inspection
following installation of the floating membrane cover. Thereafter, the
owner or operator must perform the inspections at least once per
calendar year except as provided for in paragraph (d) of this section.
    (3) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of paragraph
(c) of this section.
    (4) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.947(a)(2) of
this subpart.
    (b) Owners and operators that use a surface impoundment equipped
with a cover and vented through a closed-vent system to a control device
in accordance with the provisions of Sec. 63.943 of this subpart shall
inspect the air emission control equipment as follows:
    (1) The owner or operator shall visually inspect the cover in
accordance with the following requirements:
    (i) The cover and its closure devices shall be visually inspected by
the owner or operator to check for defects that could result in air
emissions. Defects include, but are not limited to, visible cracks,
holes, or gaps in the roof sections or between the interface of the roof
edge and its foundation mountings; broken, cracked, or otherwise damaged
seals or gaskets on closure devices; and broken or missing hatches,
access covers, caps, or other closure devices.
    (ii) The owner or operator must perform an initial inspection
following installation of the cover. Thereafter, the owner or operator
must perform the inspections at least once per calendar year except as
provide for in paragraph (d) of this section.
    (iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of paragraph
(c) of this section.
    (iv) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.947(a)(2) of
this subpart.
    (2) The owner or operator shall inspect and monitor the closed-vent
system and the control device in accordance with the requirements
specified in Sec. 63.693 in 40 CFR part 63 subpart DD--National Emission
Standards for Hazardous Air Pollutant Standards from Off-Site Waste and
Recovery Operations.
    (c) The owner or operator shall repair all detected defects as
follows:
    (1) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after detection and repair shall be
completed as soon as possible but no later than 45 calendar days after
detection except as provided in paragraph (c)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if the
owner or operator determines that repair of the defect requires emptying
or temporary removal from service of the surface impoundment and no
alternative surface impoundment or tank capacity is

[[Page 422]]

available at the site to accept the regulated-material normally managed
in the surface impoundment. In this case, the owner or operator shall
repair the defect at the next time the process or unit that is
generating the regulated-material managed in the surface impoundment
stops operation. Repair of the defect shall be completed before the
process or unit resumes operation.
    (3) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in Sec. 63.947 of
this subpart.
    (d) Alternative inspection and monitoring interval. Following the
initial inspection and monitoring of a piece of air pollution control
equipment in accordance with the applicable provisions of this section,
subsequent inspection and monitoring of the equipment may be performed
at intervals longer than 1 year when an owner or operator determines
that performing the required inspection or monitoring procedures would
expose a worker to dangerous, hazardous, or otherwise unsafe conditions
and the owner or operator complies with the requirements specified in
paragraphs (d)(1) and (d)(2) of this section.
    (1) The owner or operator must prepare and maintain at the plant
site written documentation identifying the specific air pollution
control equipment designated as ``unsafe to inspect and monitor.'' The
documentation must include for each piece of air pollution control
equipment designated as such a written explanation of the reasons why
the equipment is unsafe to inspect or monitor using the applicable
procedures under this section.
    (2) The owner or operator must develop and implement a written plan
and schedule to inspect and monitor the air pollution control equipment
using the applicable procedures specified in this section during times
when a worker can safely access the air pollution control equipment. The
required inspections and monitoring must be performed as frequently as
practicable but do not need to be performed more frequently than the
periodic schedule that would be otherwise applicable to the air
pollution control equipment under the provisions of this section. A copy
of the written plan and schedule must be maintained at the plant site.

[61 FR 34186, July 1, 1996, as amended at 64 FR 38989, July 20, 1999]



Sec. 63.947  Recordkeeping requirements.

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



Sec. 63.948  Reporting requirements.

    Owners and operators that use a surface impoundment equipped with a
fixed-roof and vented through a closed-vent system to a control device
in accordance with the provisions of Sec. 63.943 of this subpart shall
prepare and submit to the Administrator the reports required for closed-
vent systems and control devices in accordance with the

[[Page 423]]

requirements of Sec. 63.693 in 40 CFR part 63, subpart DD--National
Emission Standards for Hazardous Air Pollutant Standards from Off-Site
Waste and Recovery Operations.



Sec. 63.949  Implementation and enforcement.

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

[68 FR 37355, June 23, 2003]



   Subpart RR_National Emission Standards for Individual Drain Systems

    Source: 61 FR 34193, July 1, 1996, unless otherwise noted.



Sec. 63.960  Applicability.

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



Sec. 63.961  Definitions.

    All terms used in this subpart shall have the meaning given to them
in the Act and in this section. If a term is defined in both this
section and in another subpart that references the use of this subpart,
then the definition in this subpart shall take precedence when
implementing this subpart.
    Closure device means a cap, cover, hatch, lid, plug, seal, valve, or
other type of fitting that, when the device is secured in the closed
position, prevents or reduces air emissions to the atmosphere by
blocking an opening to the individual drain system. Closure devices
include devices that are detachable (e.g., a plug or manhole cover),
manually operated (e.g., a hinged access lid or hatch), or automatically
operated (e.g., a spring-loaded pressure relief valve).
    Hard-piping means pipe or tubing that is manufactured and properly
installed in accordance with relevant standards (e.g., ANSI B31-3) and
good engineering practices.
    Individual drain system means a stationary system used to convey
regulated-material to a waste management unit or to discharge or
disposal. The

[[Page 424]]

term includes hard-piping, all drains and junction boxes, together with
their associated sewer lines and other junction boxes (e.g., manholes,
sumps, and lift stations) conveying regulated-material. For the purpose
of this subpart, an individual drain system is not a drain and
collection system that is designed and operated for the sole purpose of
collecting rainfall runoff (e.g., stormwater sewer system) and is
segregated from all other individual drain systems.
    Junction box means a sump, manhole, or access point to a sewer line
or a lift station.
    Regulated-material means the wastewater streams, residuals, and any
other materials specified by the referencing subpart to be managed in
accordance with the standards under this subpart.
    Sewer line means a lateral, trunk line, branch line, or other
conduit used to convey regulated-material to a downstream waste
management unit. Sewer lines include pipes, grates, and trenches.
    Waste management unit means the equipment, structure, or device used
to convey, store, treat, or dispose of regulated-material. Examples of
waste management units include: wastewater tanks, surface impoundments,
individual drain systems, and biological wastewater treatment units.
Examples of equipment that may be waste management units include
containers, air flotation units, oil-water separators or organic-water
separators, or organic removal devices such as decanters, strippers, or
thin-film evaporation units.
    Water seal means a seal pot, p-leg trap, or other type of trap
filled with water (e.g., flooded sewers that maintain liquid levels
adequate to prevent air flow through the system) that creates a liquid
barrier between the sewer line and the atmosphere. The liquid level of
the seal must be maintained in the vertical leg of a drain in order to
be considered a water seal.

[61 FR 34193, July 1, 1996, as amended at 64 FR 38989, July 20, 1999]



Sec. 63.962  Standards.

    (a) The owner or operator subject to this subpart shall control air
emissions from the individual drain system using one or a combination of
the following:
    (1) Covers, water seals, and other air emission control equipment as
specified in paragraph (b) of this section.
    (2) Hard-piping.
    (3) Venting of the individual drain system through a closed vent
system to a control device in accordance with the following
requirements:
    (i) The individual drain system is designed and operated such that
an internal pressure in the vapor headspace in the system is maintained
at a level less than atmospheric pressure when the control device is
operating, and
    (ii) The closed vent system and control device are designed and
operated in accordance with the requirements of Sec. 63.693 in 40 CFR
part 63, subpart DD--National Emission Standards for Hazardous Air
Pollutant Standards from Off-Site Waste and Recovery Operations.
    (b) Owners and operators controlling air emissions from an
individual drain system in accordance with paragraph (a)(1) of this
section shall meet the following requirements:
    (1) The individual drain system shall be designed to segregate the
organic vapors from regulated material managed in the controlled
individual drain system from entering any other individual drain system
that is not controlled for air emissions in accordance with the
standards specified in this subpart.
    (2) Drain control requirements. Each drain shall be equipped with
either a water seal or a closure device in accordance with the following
requirements:
    (i) When a water seal is used, the water seal shall be designed such
that either:
    (A) The outlet to the pipe discharging the regulated-material
extends below the liquid surface in the water seal of the drain; or
    (B) A flexible shield or other device is installed which restricts
wind motion across the open space between the outlet of the pipe
discharging the regulated material and the drain.
    (ii) When a closure device is used (e.g., securing a cap or plug on
a drain

[[Page 425]]

that is not receiving regulated-material), the closure device shall be
designed to operate such that when the closure device is secured in the
closed position there are no visible cracks, holes, gaps, or other open
spaces in the closure device or between the perimeter of the drain
opening and the closure device.
    (3) Junction box control requirements. Each junction box shall be
equipped with controls as follows:
    (i) The junction box shall be equipped with a closure device (e.g.,
manhole cover, access hatch) that is designed to operate such that when
the closure device is secured in the closed position there are no
visible cracks, holes, gaps, or other open spaces in the closure device
or between the perimeter of the junction box opening and the closure
device.
    (ii) If the junction box is vented, the junction box shall be vented
in accordance with the following requirements:
    (A) The junction box shall be vented through a closed vent system to
a control device except as provided for in paragraph (b)(3)(ii)(B) of
this section. The closed vent system and control device shall be
designed and operated in accordance with the standards specified in
Sec. 63.693.
    (B) As an alternative to paragraph (b)(3)(ii)(A) of this section,
the owner or operator may vent the junction box directly to the
atmosphere when all of the following conditions are met:
    (1) The junction box is filled and emptied by gravity flow (i.e.,
there is no pump) or is operated with no more than slight fluctuations
in the liquid level. Large changes in the size of the junction box vapor
headspace created by using a pump to repeatedly empty and then refill
the junction box do not meet this condition.
    (2) The vent pipe installed on the junction box shall be at least 90
centimeters in length and no greater than 10 centimeters in nominal
inside diameter.
    (3) Water seals are installed at the liquid entrance(s) to or exit
from the junction box to restrict ventilation in the individual drain
system and between components in the individual drain system. The owner
or operator shall demonstrate (e.g., by visual inspection or smoke test)
upon request by the Administrator that the junction box water seal is
properly designed and restricts ventilation.
    (4) Sewer line control requirements. Each sewer line shall not be
open to the atmosphere and shall be covered or closed in a manner such
that there are no visible cracks, holes, gaps, or other open spaces in
the sewer line joints, seals, or other emission interfaces.
    (5) Operating requirements. The owner or operator shall operate the
air emission controls required by paragraphs (b)(2) through (b)(4) of
this section in accordance with the following requirements:
    (i) Each closure device shall be maintained in a closed position
whenever regulated-material is in the individual drain system except
when it is necessary to remove or open the closure device for sampling
or removing material in the individual drain system, or for equipment
inspection, maintenance, or repair.
    (ii) Each drain equipped with a water seal and open to the
atmosphere shall be operated to ensure that the liquid in the water seal
is maintained at the appropriate level. Examples of acceptable means for
complying with this provision include but are not limited to using a
flow-monitoring device indicating positive flow from a main to a branch
water line supplying a trap; continuously dripping water into the trap
using a hose; or regular visual observations.
    (iii) Each closed-vent system and the control device used to comply
with paragraph (b)(3)(ii)(A) of this section shall be operated in
accordance with the standards specified in 40 CFR 63.693.

[61 FR 34193, July 1, 1996, as amended at 64 FR 38990, July 20, 1999; 66
FR 1267, Jan. 8, 2001]



Sec. 63.963  [Reserved]



Sec. 63.964  Inspection and monitoring requirements.

    (a) The owner or operator shall inspect the individual drain system
in accordance with the following requirements:
    (1) The individual drain system shall be visually inspected by the
owner or

[[Page 426]]

operator as follows to check for defects that could result in air
emissions to the atmosphere.
    (i) The owner or operator shall visually inspect each drain as
follows:
    (A) In the case when the drain is using a water seal to control air
emissions, the owner or operator shall verify appropriate liquid levels
are being maintained and identify any other defects that could reduce
water seal control effectiveness.
    (B) In the case when the drain is using a closure device to control
air emissions, the owner or operator shall visually inspect each drain
to verify that the closure device is in place and there are no defects.
Defects include, but are not limited to, visible cracks, holes, or gaps
in the closure devices; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing plugs, caps, or other
closure devices.
    (ii) The owner or operator shall visually inspect each junction box
to verify that closure devices are in place and there are no defects.
Defects include, but are not limited to, visible cracks, holes, or gaps
in the closure devices; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices.
    (iii) The owner or operator shall visually inspect the unburied
portion of each sewer line to verify that all closure devices are in
place and there are no defects. Defects include, but are not limited to,
visible cracks, holes, gaps, or other open spaces in the sewer line
joints, seals, or other emission interfaces.
    (iv) The owner or operator shall perform the inspections initially
at the time of installation of the water seals and closure devices for
the individual drain system and, thereafter, at least once every year.
    (v) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of paragraph
(b) of this section.
    (vi) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.965(a) of this
subpart.
    (2) The owner or operator shall inspect and monitor the closed-vent
system and the control device in accordance with the requirements
specified in Sec. 63.693 in 40 CFR 63 subpart DD--National Emission
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery
Operations.
    (b) The owner or operator shall repair all detected defects as
follows:
    (1) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after detection and repair shall be
completed as soon as possible but no later than 15 calendar days after
detection except as provided in paragraph (b)(2) of this section.
    (2) Repair of a defect may be delayed beyond 15 calendar days if the
owner or operator determines that repair of the defect requires emptying
or temporary removal from service of the individual drain system and no
alternative capacity is available at the facility site to accept the
regulated-material normally managed in the individual drain system. In
this case, the owner or operator shall repair the defect the next time
the process or unit that is generating the regulated-material managed in
the individual drain system stops operation. Repair of the defect shall
be completed before the process or unit resumes operation.
    (3) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in
Sec. 63.965(a)(3) of this subpart.

[61 FR 34193, July 1, 1996, as amended at 64 FR 38990, July 20, 1999]



Sec. 63.965  Recordkeeping requirements.

    (a) Each owner or operator complying with Sec. 63.962(a)(1) of this
subpart shall prepare and maintain the following records:
    (1) A written site-specific individual drain system inspection plan
that includes a drawing or schematic of the individual drain system and
identifies each drain, junction box, and sewer line location.
    (2) A record of the date that each inspection required by
Sec. 63.964(a) of this subpart is performed.
    (3) When applicable, a record for each defect detected during
inspections required by Sec. 63.964(a) of this subpart that

[[Page 427]]

includes the following information: the location of the defect, a
description of the defect, the date of detection, the corrective action
taken to repair the defect, and the date that the corrective action was
completed. In the event that repair of the defect is delayed in
accordance with the provisions of Sec. 63.964(b)(2) of this section, the
owner or operator shall also record the reason for the delay and the
date that completion of repair of the defect is expected.
    (b) Owners and operators that use a closed-vent system and a control
device in accordance with the provisions of Sec. 63.962 shall prepare
and maintain the records required for the closed-vent system and control
device in accordance with the requirements of Sec. 63.693.

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



Sec. 63.966  Reporting requirements.

    Owners and operators that use a closed-vent system and a control
device in accordance with the provisions of Sec. 63.962 shall prepare
and submit to the Administrator the reports required for closed-vent
systems and control devices in accordance with the requirements of
Sec. 63.693.

[66 FR 1267, Jan. 8, 2001]



Sec. 63.967  Implementation and enforcement.

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

[68 FR 37355, June 23, 2003]



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

    Source: 64 FR 34866, June 29, 1999, unless otherwise noted.



Sec. 63.980  Applicability.

    The provisions of this subpart include requirements for closed vent
systems, control devices and routing of air emissions to a fuel gas
system or process. These provisions apply when another subpart
references the use of this subpart for such air emission control. These
air emission standards are placed here for administrative convenience
and only apply to those owners and operators of facilities subject to a
referencing subpart. The provisions of 40 CFR part 63, subpart A
(General Provisions) do not apply to this subpart except as specified in
a referencing subpart.



Sec. 63.981  Definitions.

    Alternative test method means any method of sampling and analyzing
for an air pollutant that is not a reference test or equivalent method,
and that has been demonstrated to the Administrator's satisfaction,
using Method 301

[[Page 428]]

in appendix A of this part 63, or previously approved by the
Administrator prior to the promulgation date of standards for an
affected source or affected facility under a referencing subpart, to
produce results adequate for the Administrator's determination that it
may be used in place of a test method specified in this subpart.
    Boiler means any enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator or a process
heater.
    By compound means by individual stream components, not carbon
equivalents.
    Closed vent system means a system that is not open to the atmosphere
and is composed of piping, ductwork, connections, and, if necessary,
flow inducing devices that transport gas or vapor from an emission point
to a control device. Closed vent system does not include the vapor
collection system that is part of any tank truck or railcar.
    Closed vent system shutdown means a work practice or operational
procedure that stops production from a process unit or part of a process
unit during which it is technically feasible to clear process material
from a closed vent system or part of a closed vent system consistent
with safety constraints and during which repairs can be effected. An
unscheduled work practice or operational procedure that stops production
from a process unit or part of a process unit for less than 24 hours is
not a closed vent system shutdown. An unscheduled work practice or
operational procedure that would stop production from a process unit or
part of a process unit for a shorter period of time than would be
required to clear the closed vent system or part of the closed vent
system of materials and start up the unit, and would result in greater
emissions than delay of repair of leaking components until the next
scheduled closed vent system shutdown, is not a closed vent system
shutdown. The use of spare equipment and technically feasible bypassing
of equipment without stopping production are not closed vent system
shutdowns.
    Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or boiler, used for the combustion
of organic emissions.
    Continuous parameter monitoring system (CPMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of this part, used to sample, condition (if
applicable), analyze, and provide a record of process or control system
parameters.
    Continuous record means documentation, either in hard copy or
computer readable form, of data values measured at least once every 15
minutes and recorded at the frequency specified in Sec. 63.998(b).
    Control device means, with the exceptions noted below, a combustion
device, recovery device, recapture device, or any combination of these
devices used to comply with this subpart or a referencing subpart. For
process vents from continuous unit operations at affected sources in
subcategories where the applicability criteria includes a TRE index
value, recovery devices are not considered to be control devices.
Primary condensers on steam strippers or fuel gas systems are not
considered to be control devices.
    Control System means the combination of the closed vent system and
the control devices used to collect and control vapors or gases from a
regulated emission source.
    Day means a calendar day.
    Ductwork means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
    Final recovery device means the last recovery device on a process
vent stream from a continuous unit operation at an affected source in a
subcategory where the applicability criteria includes a TRE index value.
The final recovery device usually discharges to a combustion device,
recapture device, or directly to the atmosphere.
    First attempt at repair, for the purposes of this subpart, means to
take action for the purpose of stopping or reducing leakage of organic
material to the atmosphere, followed by monitoring as specified in
Sec. 63.983(c) to

[[Page 429]]

verify whether the leak is repaired, unless the owner or operator
determines by other means that the leak is not repaired.
    Flame zone means the portion of the combustion chamber in a boiler
or process heater occupied by the flame envelope.
    Flow indicator means a device which indicates whether gas flow is,
or whether the valve position would allow gas flow to be, present in a
line.
    Fuel gas means gases that are combusted to derive useful work or
heat.
    Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous streams generated by onsite
operations, may blend them with other sources of gas, and transports the
gaseous streams for use as fuel gas in combustion devices or in-process
combustion equipment such as furnaces and gas turbines, either singly or
in combination.
    Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgment and standards, such as ANSI
B31.3.
    High throughput transfer rack means those transfer racks that
transfer a total of 11.8 million liters per year or greater of liquid
containing regulated material.
    Incinerator means an enclosed combustion device that is used for
destroying organic compounds. Auxiliary fuel may be used to heat waste
gas to combustion temperatures. Any energy recovery section present is
not physically formed into one manufactured or assembled unit with the
combustion section; rather, the energy recovery section is a separate
section following the combustion section and the two are joined by ducts
or connections carrying flue gas. The above energy recovery section
limitation does not apply to an energy recovery section used solely to
preheat the incoming vent stream or combustion air.
    Low throughput transfer rack means those transfer racks that
transfer less than a total of 11.8 million liters per year of liquid
containing regulated material.
    Operating parameter value means a minimum or maximum value
established for a control device parameter which, if achieved by itself
or in combination with one or more other operating parameter values,
determines that an owner or operator has complied with an applicable
emission limit or operating limit.
    Organic monitoring device means a unit of equipment used to indicate
the concentration level of organic compounds based on a detection
principle such as infra-red, photo ionization, or thermal conductivity.
    Owner or operator means any person who owns, leases, operates,
controls, or supervises a regulated source or a stationary source of
which a regulated source is a part.
    Performance level means the level at which the regulated material in
the gases or vapors vented to a control or recovery device is removed,
recovered, or destroyed. Examples of control device performance levels
include: achieving a minimum organic reduction efficiency expressed as a
percentage of regulated material removed or destroyed in the control
device inlet stream on a weight-basis; achieving an organic
concentration in the control device exhaust stream that is less than a
maximum allowable limit expressed in parts per million by volume on a
dry basis corrected to 3 percent oxygen if a combustion device is the
control device and supplemental combustion air is used to combust the
emissions; or maintaining appropriate control device operating
parameters indicative of the device performance at specified values.
    Performance test means the collection of data resulting from the
execution of a test method (usually three emission test runs) used to
demonstrate compliance with a relevant emission limit as specified in
the performance test section of this subpart or in the referencing
subpart.
    Primary fuel means the fuel that provides the principal heat input
to a device. To be considered primary, the fuel must be able to sustain
operation without the addition of other fuels.
    Process heater means an enclosed combustion device that transfers
heat liberated by burning fuel directly to process streams or to heat
transfer liquids other than water. A process heater may, as a secondary
function, heat

[[Page 430]]

water in unfired heat recovery sections.
    Recapture device means an individual unit of equipment capable of
and used for the purpose of recovering chemicals, but not normally for
use, reuse, or sale. For example, a recapture device may recover
chemicals primarily for disposal. Recapture devices include, but are not
limited to, absorbers, carbon adsorbers, and condensers. For purposes of
the monitoring, recordkeeping and reporting requirements of this
subpart, recapture devices are considered recovery devices.
    Recovery device means an individual unit of equipment capable of and
normally used for the purpose of recovering chemicals for fuel value
(i.e., net positive heating value), use, reuse, or for sale for fuel
value, use, or reuse. Examples of equipment that may be recovery devices
include absorbers, carbon adsorbers, condensers, oil-water separators or
organic-water separators, or organic removal devices such as decanters,
strippers, or thin-film evaporation units. For purposes of the
monitoring, recordkeeping, and reporting requirements of this subpart,
recapture devices are considered recovery devices.
    Recovery operations equipment means the equipment used to separate
the components of process streams. Recovery operations equipment
includes distillation units, condensers, etc. Equipment used for
wastewater treatment shall not be considered recovery operations
equipment.
    Referencing subpart means the subpart which refers an owner or
operator to this subpart.
    Regulated material, for purposes of this subpart, refers to vapors
from volatile organic liquids (VOL), volatile organic compounds (VOC),
or hazardous air pollutants (HAP), or other chemicals or groups of
chemicals that are regulated by a referencing subpart.
    Regulated source for the purposes of this subpart, means the
stationary source, the group of stationary sources, or the portion of a
stationary source that is regulated by a relevant standard or other
requirement established pursuant to a referencing subpart.
    Repaired, for the purposes of this subpart, means that equipment; is
adjusted, or otherwise altered, to eliminate a leak as defined in the
applicable sections of this subpart; and unless otherwise specified in
applicable provisions of this subpart, is inspected as specified in
Sec. 63.983(c) to verify that emissions from the equipment are below the
applicable leak definition.
    Routed to a process or route to a process means the gas streams are
conveyed to any enclosed portion of a process unit where the emissions
are recycled and/or consumed in the same manner as a material that
fulfills the same function in the process; and/or transformed by
chemical reaction into materials that are not regulated materials; and/
or incorporated into a product; and/or recovered.
    Run means one of a series of emission or other measurements needed
to determine emissions for a representative operating period or cycle as
specified in this subpart. Unless otherwise specified, a run may be
either intermittent or continuous within the limits of good engineering
practice.
    Secondary fuel means a fuel fired through a burner other than the
primary fuel burner that provides supplementary heat in addition to the
heat provided by the primary fuel.
    Sensor means a device that measures a physical quantity or the
change in a physical quantity, such as temperature, pressure, flow rate,
pH, or liquid level.
    Specific gravity monitoring device means a unit of equipment used to
monitor specific gravity and having a minimum accuracy of 0.02 specific
gravity units.
    Supplemental combustion air means the air that is added to a vent
stream after the vent stream leaves the unit operation. Air that is part
of the vent stream as a result of the nature of the unit operation is
not considered supplemental combustion air. Air required to operate
combustion device burner(s) is not considered supplemental combustion
air. Air required to ensure the proper operation of catalytic oxidizers,
to include the intermittent addition of air upstream of the catalyst bed
to maintain a minimum threshold flow rate through the catalyst bed or to
avoid excessive temperatures in the

[[Page 431]]

catalyst bed, is not considered to be supplemental combustion air.
    Temperature monitoring device means a unit of equipment used to
monitor temperature and having a minimum accuracy of 1 percent of the
temperature being monitored expressed in degrees Celsius or 1.2 degrees
Celsius ( deg.C), whichever is greater.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999;
67 FR 46277, July 12, 2002]



Sec. 63.982  Requirements.

    (a) General compliance requirements for storage vessels, process
vents, transfer racks, and equipment leaks. An owner or operator who is
referred to this subpart for controlling regulated material emissions
from storage vessels, process vents, low and high throughput transfer
racks, or equipment leaks by venting emissions through a closed vent
system to a flare, nonflare control device or routing to a fuel gas
system or process shall comply with the applicable requirements of
paragraphs (a)(1) through (4) of this section.
    (1) Storage vessels. The owner or operator shall comply with the
applicable provisions of paragraphs (b), (c)(1), and (d) of this
section.
    (2) Process vents. The owner or operator shall comply with the
applicable provisions of paragraphs (b), (c)(2), and (e) of this
section.
    (3) Transfer racks. (i) For low throughput transfer racks, the owner
or operator shall comply with the applicable provisions of paragraphs
(b), (c)(1), and (d) of this section.
    (ii) For high throughput transfer racks, the owner or operator shall
comply with the applicable provisions of paragraphs (b), (c)(2), and (d)
of this section.
    (4) Equipment leaks. The owner or operator shall comply with the
applicable provisions of paragraphs (b), (c)(3), and (d) of this
section.
    (b) Closed vent system and flare. Owners or operators that vent
emissions through a closed vent system to a flare shall meet the
requirements in Sec. 63.983 for closed vent systems; Sec. 63.987 for
flares; Sec. 63.997 (a), (b) and (c) for provisions regarding flare
compliance assessments; the monitoring, recordkeeping, and reporting
requirements referenced therein; and the applicable recordkeeping and
reporting requirements of Secs. 63.998 and 63.999. No other provisions
of this subpart apply to emissions vented through a closed vent system
to a flare.
    (c) Closed vent system and nonflare control device. Owners or
operators who control emissions through a closed vent system to a
nonflare control device shall meet the requirements in Sec. 63.983 for
closed vent systems, the applicable recordkeeping and reporting
requirements of Secs. 63.998 and 63.999, and the applicable requirements
listed in paragraphs (c)(1) through (3) of this section.
    (1) For storage vessels and low throughput transfer racks, the owner
or operator shall meet the requirements in Sec. 63.985 for nonflare
control devices and the monitoring, recordkeeping, and reporting
requirements referenced therein. No other provisions of this subpart
apply to low throughput transfer rack emissions or storage vessel
emissions vented through a closed vent system to a nonflare control
device unless specifically required in the monitoring plan submitted
under Sec. 63.985(c).
    (2) For process vents and high throughput transfer racks, the owner
or operator shall meet the requirements applicable to the control
devices being used in Sec. 63.988, Sec. 63.990 or Sec. 63.995; the
applicable general monitoring requirements of Sec. 63.996 and the
applicable performance test requirements and procedures of Sec. 63.997;
and the monitoring, recordkeeping and reporting requirements referenced
therein. Owners or operators subject to halogen reduction device
requirements under a referencing subpart must also comply with
Sec. 63.994 and the monitoring, recordkeeping, and reporting
requirements referenced therein. The requirements of Secs. 63.984
through 63.986 do not apply to process vents or high throughput transfer
racks.
    (3) For equipment leaks, owners or operators shall meet the
requirements in Sec. 63.986 for nonflare control devices used for
equipment leak emissions and the monitoring, recordkeeping, and
reporting requirements referenced therein. No other provisions of this
subpart apply to equipment leak emissions

[[Page 432]]

vented through a closed vent system to a nonflare control device.
    (d) Route to a fuel gas system or process. Owners or operators that
route emissions to a fuel gas system or to a process shall meet the
requirements in Sec. 63.984, the monitoring, recordkeeping, and
reporting requirements referenced therein, and the applicable
recordkeeping and reporting requirements of Secs. 63.998 and 63.999. No
other provisions of this subpart apply to emissions being routed to a
fuel gas system or process.
    (e) Final recovery devices. Owners or operators who use a final
recovery device to maintain a TRE above a level specified in a
referencing subpart shall meet the requirements in Sec. 63.993 and the
monitoring, recordkeeping, and reporting requirements referenced therein
that are applicable to the recovery device being used; the applicable
monitoring requirements in Sec. 63.996 and the recordkeeping and
reporting requirements referenced therein; and the applicable
recordkeeping and reporting requirements of Secs. 63.998 and 63.999. No
other provisions of this subpart apply to process vent emissions routed
to a final recovery device.
    (f) Combined emissions. When emissions from different emission types
(e.g., emissions from process vents, transfer racks, and/or storage
vessels) are combined, an owner or operator shall comply with the
requirements of either paragraph (f)(1) or (2) of this section.
    (1) Comply with the applicable requirements of this subpart for each
kind of emissions in the stream (e.g., the requirements of paragraph
(a)(2) of this section for process vents, and the requirements of
paragraph (a)(3) of this section for transfer racks); or
    (2) Comply with the first set of requirements identified in
paragraphs (f)(2)(i) through (iii) of this section which applies to any
individual emission stream that is included in the combined stream.
Compliance with paragraphs (f)(2)(i) through (iii) of this section
constitutes compliance with all other emissions requirements for other
emission streams.
    (i) The requirements of Sec. 63.982(a)(2) for process vents,
including applicable monitoring, recordkeeping, and reporting;
    (ii) The requirements of Sec. 63.982(a)(3)(ii) for high throughput
transfer racks, including applicable monitoring, recordkeeping, and
reporting;
    (iii) The requirements of Sec. 63.982(a)(1) or (a)(3)(i) for control
of emissions from storage vessels or low throughput transfer racks,
including applicable monitoring, recordkeeping, and reporting.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec. 63.983  Closed vent systems.

    (a) Closed vent system equipment and operating requirements. Except
for closed vent systems operated and maintained under negative pressure,
the provisions of this paragraph apply to closed vent systems collecting
regulated material from a regulated source.
    (1) Collection of emissions. Each closed vent system shall be
designed and operated to collect the regulated material vapors from the
emission point, and to route the collected vapors to a control device.
    (2) Period of operation. Closed vent systems used to comply with the
provisions of this subpart shall be operated at all times when emissions
are vented to, or collected by, them.
    (3) Bypass monitoring. Except for equipment needed for safety
purposes such as pressure relief devices, low leg drains, high point
bleeds, analyzer vents, and open-ended valves or lines, the owner or
operator shall comply with the provisions of either paragraphs (a)(3)(i)
or (ii) of this section for each closed vent system that contains bypass
lines that could divert a vent stream to the atmosphere.
    (i) Properly install, maintain, and operate a flow indicator that is
capable of taking periodic readings. Records shall be generated as
specified in Sec. 63.998(d)(1)(ii)(A). The flow indicator shall be
installed at the entrance to any bypass line.
    (ii) Secure the bypass line valve in the non-diverting position with
a car-seal or a lock-and-key type configuration. Records shall be
generated as specified in Sec. 63.998(d)(1)(ii)(B).

[[Page 433]]

    (4) Loading arms at transfer racks. Each closed vent system
collecting regulated material from a transfer rack shall be designed and
operated so that regulated material vapors collected at one loading arm
will not pass through another loading arm in the rack to the atmosphere.
    (5) Pressure relief devices in a transfer rack's closed vent system.
The owner or operator of a transfer rack subject to the provisions of
this subpart shall ensure that no pressure relief device in the transfer
rack's closed vent system shall open to the atmosphere during loading.
Pressure relief devices needed for safety purposes are not subject to
this paragraph.
    (b) Closed vent system inspection and monitoring requirements. The
provisions of this subpart apply to closed vent systems collecting
regulated material from a regulated source. Inspection records shall be
generated as specified in Sec. 63.998(d)(1)(iii) and (iv) of this
section.
    (1) Except for any closed vent systems that are designated as unsafe
or difficult to inspect as provided in paragraphs (b)(2) and (3) of this
section, each closed vent system shall be inspected as specified in
paragraph (b)(1)(i) or (ii) of this section.
    (i) If the closed vent system is constructed of hard-piping, the
owner or operator shall comply with the requirements specified in
paragraphs (b)(1)(i)(A) and (B) of this section.
    (A) Conduct an initial inspection according to the procedures in
paragraph (c) of this section; and
    (B) Conduct annual inspections for visible, audible, or olfactory
indications of leaks.
    (ii) If the closed vent system is constructed of ductwork, the owner
or operator shall conduct an initial and annual inspection according to
the procedures in paragraph (c) of this section.
    (2) Any parts of the closed vent system that are designated, as
described in Sec. 63.998(d)(1)(i), as unsafe to inspect are exempt from
the inspection requirements of paragraph (b)(1) of this section if the
conditions of paragraphs (b)(2)(i) and (ii) of this section are met.
    (i) The owner or operator determines that the equipment is unsafe-
to-inspect because inspecting personnel would be exposed to an imminent
or potential danger as a consequence of complying with paragraph (b)(1)
of this section; and
    (ii) The owner or operator has a written plan that requires
inspection of the equipment as frequently as practical during safe-to-
inspect times. Inspection is not required more than once annually.
    (3) Any parts of the closed vent system that are designated, as
described in Sec. 63.998(d)(1)(i), as difficult-to-inspect are exempt
from the inspection requirements of paragraph (b)(1) of this section if
the provisions of paragraphs (b)(3)(i) and (ii) of this section apply.
    (i) The owner or operator determines that the equipment cannot be
inspected without elevating the inspecting personnel more than 2 meters
(7 feet) above a support surface; and
    (ii) The owner or operator has a written plan that requires
inspection of the equipment at least once every 5 years.
    (4) For each bypass line, the owner or operator shall comply with
paragraph (b)(4)(i) or (ii) of this section.
    (i) If a flow indicator is used, take a reading at least once every
15 minutes.
    (ii) If the bypass line valve is secured in the non-diverting
position, visually inspect the seal or closure mechanism at least once
every month to verify that the valve is maintained in the non-diverting
position, and the vent stream is not diverted through the bypass line.
    (c) Closed vent system inspection procedures. The provisions of this
paragraph apply to closed vent systems collecting regulated material
from a regulated source.
    (1) Each closed vent system subject to this paragraph shall be
inspected according to the procedures specified in paragraphs (c)(1)(i)
through (vii) of this section.
    (i) Inspections shall be conducted in accordance with Method 21 of
40 CFR part 60, appendix A, except as specified in this section.
    (ii) Except as provided in (c)(1)(iii) of this section, the
detection instrument shall meet the performance criteria of Method 21 of
40 CFR part 60, appendix A, except the instrument response factor
criteria in section 3.1.2(a) of Method 21 must be for the representative

[[Page 434]]

composition of the process fluid and not of each individual VOC in the
stream. For process streams that contain nitrogen, air, water, or other
inerts that are not organic HAP or VOC, the representative stream
response factor must be determined on an inert-free basis. The response
factor may be determined at any concentration for which the monitoring
for leaks will be conducted.
    (iii) If no instrument is available at the plant site that will meet
the performance criteria of Method 21 specified in paragraph (c)(1)(ii)
of this section, the instrument readings may be adjusted by multiplying
by the representative response factor of the process fluid, calculated
on an inert-free basis as described in paragraph (c)(1)(ii) of this
section.
    (iv) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
    (v) Calibration gases shall be as specified in paragraphs
(c)(1)(v)(A) through (C) of this section.
    (A) Zero air (less than 10 parts per million hydrocarbon in air);
and
    (B) Mixtures of methane in air at a concentration less than 10,000
parts per million. A calibration gas other than methane in air may be
used if the instrument does not respond to methane or if the instrument
does not meet the performance criteria specified in paragraph (c)(1)(ii)
of this section. In such cases, the calibration gas may be a mixture of
one or more of the compounds to be measured in air.
    (C) If the detection instrument's design allows for multiple
calibration scales, then the lower scale shall be calibrated with a
calibration gas that is no higher than 2,500 parts per million.
    (vi) An owner or operator may elect to adjust or not adjust
instrument readings for background. If an owner or operator elects not
to adjust readings for background, all such instrument readings shall be
compared directly to 500 parts per million to determine whether there is
a leak. If an owner or operator elects to adjust instrument readings for
background, the owner or operator shall measure background concentration
using the procedures in this section. The owner or operator shall
subtract the background reading from the maximum concentration indicated
by the instrument.
    (vii) If the owner or operator elects to adjust for background, the
arithmetic difference between the maximum concentration indicated by the
instrument and the background level shall be compared with 500 parts per
million for determining whether there is a leak.
    (2) The instrument probe shall be traversed around all potential
leak interfaces as described in Method 21 of 40 CFR part 60, appendix A.
    (3) Except as provided in paragraph (c)(4) of this section,
inspections shall be performed when the equipment is in regulated
material service, or in use with any other detectable gas or vapor.
    (4) Inspections of the closed vent system collecting regulated
material from a transfer rack shall be performed only while a tank truck
or railcar is being loaded or is otherwise pressurized to normal
operating conditions with regulated material or any other detectable gas
or vapor.
    (d) Closed vent system leak repair provisions. The provisions of
this paragraph apply to closed vent systems collecting regulated
material from a regulated source.
    (1) If there are visible, audible, or olfactory indications of leaks
at the time of the annual visual inspections required by paragraph
(b)(1)(i)(B) of this section, the owner or operator shall follow the
procedure specified in either paragraph (d)(1)(i) or (ii) of this
section.
    (i) The owner or operator shall eliminate the leak.
    (ii) The owner or operator shall monitor the equipment according to
the procedures in paragraph (c) of this section.
    (2) Leaks, as indicated by an instrument reading greater than 500
parts per million by volume above background or by visual inspections,
shall be repaired as soon as practical, except as provided in paragraph
(d)(3) of this section. Records shall be generated as specified in
Sec. 63.998(d)(1)(iii) when a leak is detected.

[[Page 435]]

    (i) A first attempt at repair shall be made no later than 5 days
after the leak is detected.
    (ii) Except as provided in paragraph (d)(3) of this section, repairs
shall be completed no later than 15 days after the leak is detected or
at the beginning of the next introduction of vapors to the system,
whichever is later.
    (3) Delay of repair of a closed vent system for which leaks have
been detected is allowed if repair within 15 days after a leak is
detected is technically infeasible or unsafe without a closed vent
system shutdown, as defined in Sec. 63.981, or if the owner or operator
determines that emissions resulting from immediate repair would be
greater than the emissions likely to result from delay of repair. Repair
of such equipment shall be completed as soon as practical, but not later
than the end of the next closed vent system shutdown.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999;
67 FR 46277, July 12, 2002]



Sec. 63.984  Fuel gas systems and processes to which storage vessel,
transfer rack, or equipment leak regulated material emissions are

routed.

    (a) Equipment and operating requirements for fuel gas systems and
processes. (1) Except during periods of start-up, shutdown and
malfunction as specified in the referencing subpart, the fuel gas system
or process shall be operating at all times when regulated material
emissions are routed to it.
    (2) The owner or operator of a transfer rack subject to the
provisions of this subpart shall ensure that no pressure relief device
in the transfer rack's system returning vapors to a fuel gas system or
process shall open to the atmosphere during loading. Pressure relief
devices needed for safety purposes are not subject to this paragraph.
    (b) Fuel gas system and process compliance assessment. (1) If
emissions are routed to a fuel gas system, there is no requirement to
conduct a performance test or design evaluation.
    (2) If emissions are routed to a process, the regulated material in
the emissions shall meet one or more of the conditions specified in
paragraphs (b)(2)(i) through (iv) of this section. The owner or operator
of storage vessels subject to this paragraph shall comply with the
compliance demonstration requirements in paragraph (b)(3) of this
section.
    (i) Recycled and/or consumed in the same manner as a material that
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not
regulated materials;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (3) To demonstrate compliance with paragraph (b)(2) of this section
for a storage vessel, the owner or operator shall prepare a design
evaluation (or engineering assessment) that demonstrates the extent to
which one or more of the conditions specified in paragraphs (b)(2)(i)
through (iv) of this section are being met.
    (c) Statement of connection. For storage vessels and transfer racks,
the owner or operator shall submit the statement of connection reports
for fuel gas systems specified in Sec. 63.999(b)(1)(ii), as appropriate.



Sec. 63.985  Nonflare control devices used to control emissions from
storage vessels and low throughput transfer racks.

    (a) Nonflare control device equipment and operating requirements.
The owner or operator shall operate and maintain the nonflare control
device so that the monitored parameters defined as required in paragraph
(c) of this section remain within the ranges specified in the
Notification of Compliance Status whenever emissions of regulated
material are routed to the control device except during periods of
start-up, shutdown, and malfunction as specified in the referencing
subpart.
    (b) Nonflare control device design evaluation or performance test
requirements. When using a control device other than a flare, the owner
or operator shall comply with the requirements in paragraphs (b)(1)(i)
or (ii) of this section, except as provided in paragraphs (b)(2) and (3)
of this section.
    (1) Design evaluation or performance test results. The owner or
operator shall prepare and submit with the Notification of Compliance
Status, as specified

[[Page 436]]

in Sec. 63.999(b)(2), either a design evaluation that includes the
information specified in paragraph (b)(1)(i) of this section, or the
results of the performance test as described in paragraph (b)(1)(ii) of
this section.
    (i) Design evaluation. The design evaluation shall include
documentation demonstrating that the control device being used achieves
the required control efficiency during the reasonably expected maximum
storage vessel filling or transfer loading rate. This documentation is
to include a description of the gas stream that enters the control
device, including flow and regulated material content, and the
information specified in paragraphs (b)(1)(i)(A) through (E) of this
section, as applicable. For storage vessels, the description of the gas
stream that enters the control device shall be provided for varying
liquid level conditions. This documentation shall be submitted with the
Notification of Compliance Status as specified in Sec. 63.999(b)(2).
    (A) The efficiency determination is to include consideration of all
vapors, gases, and liquids, other than fuels, received by the control
device.
    (B) If an enclosed combustion device with a minimum residence time
of 0.5 seconds and a minimum temperature of 760  deg.C is used to meet
an emission reduction requirement specified in a referencing subpart for
storage vessels and transfer racks, documentation that those conditions
exist is sufficient to meet the requirements of paragraph (b)(1)(i) of
this section.
    (C) Except as provided in paragraph (b)(1)(i)(B) of this section for
enclosed combustion devices, the design evaluation shall include the
estimated autoignition temperature of the stream being combusted, the
flow rate of the stream, the combustion temperature, and the residence
time at the combustion temperature.
    (D) For carbon adsorbers, the design evaluation shall include the
estimated affinity of the regulated material vapors for carbon, the
amount of carbon in each bed, the number of beds, the humidity, the
temperature, the flow rate of the inlet stream and, if applicable, the
desorption schedule, the regeneration stream pressure or temperature,
and the flow rate of the regeneration stream. For vacuum desorption,
pressure drop shall be included.
    (E) For condensers, the design evaluation shall include the final
temperature of the stream vapors, the type of condenser, and the design
flow rate of the emission stream.
    (ii) Performance test. A performance test, whether conducted to meet
the requirements of this section, or to demonstrate compliance for a
process vent or high throughput transfer rack as required by
Sec. 63.988(b), Sec. 63.990(b), or Sec. 63.995(b), is acceptable to
demonstrate compliance with emission reduction requirements for storage
vessels and transfer racks. The owner or operator is not required to
prepare a design evaluation for the control device as described in
paragraph (b)(1)(i) of this section if a performance test will be
performed that meets the criteria specified in paragraphs (b)(1)(ii)(A)
and (B) of this section.
    (A) The performance test will demonstrate that the control device
achieves greater than or equal to the required control device
performance level specified in a referencing subpart for storage vessels
or transfer racks; and
    (B) The performance test meets the applicable performance test
requirements and the results are submitted as part of the Notification
of Compliance Status as specified in Sec. 63.999(b)(2).
    (2) Exceptions. A design evaluation or performance test is not
required if the owner or operator uses a combustion device meeting the
criteria in paragraph (b)(2)(i), (ii), (iii), or (iv) of this section.
    (i) A boiler or process heater with a design heat input capacity of
44 megawatts (150 million British thermal units per hour) or greater.
    (ii) A boiler or process heater burning hazardous waste for which
the owner or operator meets the requirements specified in paragraph
(b)(2)(ii)(A) or (B) of this section.
    (A) The boiler or process heater has been issued a final permit
under 40 CFR part 270 and complies with the requirements of 40 CFR part
266, subpart H, or
    (B) The boiler or process heater has certified compliance with the
interim status requirements of 40 CFR part 266, subpart H.

[[Page 437]]

    (iii) A hazardous waste incinerator for which the owner or operator
meets the requirements specified in paragraph (b)(2)(iii)(A) or (B) of
this section.
    (A) The incinerator has been issued a final permit under 40 CFR part
270 and complies with the requirements of 40 CFR part 264, subpart O; or
    (B) The incinerator has certified compliance with the interim status
requirements of 40 CFR part 265, subpart O; or
    (iv) A boiler or process heater into which the vent stream is
introduced with the primary fuel.
    (3) Prior design evaluations or performance tests. If a design
evaluation or performance test is required in the referencing subpart or
was previously conducted and submitted for a storage vessel or low
throughput transfer rack, then a performance test or design evaluation
is not required.
    (c) Nonflare control device monitoring requirements. (1) The owner
or operator shall submit with the Notification of Compliance Status, a
monitoring plan containing the information specified in
Sec. 63.999(b)(2)(i) and (ii) to identify the parameters that will be
monitored to assure proper operation of the control device.
    (2) The owner or operator shall monitor the parameters specified in
the Notification of Compliance Status or in the operating permit
application or amendment. Records shall be generated as specified in
Sec. 63.998(d)(2)(i).



Sec. 63.986  Nonflare control devices used for equipment leaks only.

    (a) Equipment and operating requirements. (1) Owners or operators
using a nonflare control device to meet the applicable requirements of a
referencing subpart for equipment leaks shall meet the requirements of
this section.
    (2) Control devices used to comply with the provisions of this
subpart shall be operated at all times when emissions are vented to
them.
    (b) Performance test requirements. A performance test is not
required for any nonflare control device used only to control emissions
from equipment leaks.
    (c) Monitoring requirements. Owners or operators of control devices
that are used to comply only with the provisions of a referencing
subpart for control of equipment leak emissions shall monitor these
control devices to ensure that they are operated and maintained in
conformance with their design. The owner or operator shall maintain the
records as specified in Sec. 63.998(d)(4).



Sec. 63.987  Flare requirements.

    (a) Flare equipment and operating requirements. Flares subject to
this subpart shall meet the performance requirements in 40 CFR 63.11(b)
(General Provisions).
    (b) Flare compliance assessment. (1) The owner or operator shall
conduct an initial flare compliance assessment of any flare used to
comply with the provisions of this subpart. Flare compliance assessment
records shall be kept as specified in Sec. 63.998(a)(1) and a flare
compliance assessment report shall be submitted as specified in
Sec. 63.999(a)(2). An owner or operator is not required to conduct a
performance test to determine percent emission reduction or outlet
regulated material or total organic compound concentration when a flare
is used.
    (2) [Reserved]
    (3) Flare compliance assessments shall meet the requirements
specified in paragraphs (b)(3)(i) through (iv) of this section.
    (i) Method 22 of appendix A of part 60 shall be used to determine
the compliance of flares with the visible emission provisions of this
subpart. The observation period is 2 hours, except for transfer racks as
provided in (b)(3)(i)(A) or (B) of this section.
    (A) For transfer racks, if the loading cycle is less than 2 hours,
then the observation period for that run shall be for the entire loading
cycle.
    (B) For transfer racks, if additional loading cycles are initiated
within the 2-hour period, then visible emissions observations shall be
conducted for the additional cycles.
    (ii) The net heating value of the gas being combusted in a flare
shall be calculated using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR29JN99.000

Where:


[[Page 438]]


HT = Net heating value of the sample, megajoules per standard
          cubic meter; where the net enthalpy per mole of offgas is
          based on combustion at 25  deg.C and 760 millimeters of
          mercury (30 inches of mercury), but the standard temperature
          for determining the volume corresponding to one mole is 20
          deg.C;
K1 = 1.740 x 10-7 (parts per million by
          volume)-1 (gram-mole per standard cubic meter)
          (megajoules per kilocalories), where the standard temperature
          for gram mole per standard cubic meter is 20  deg.C;
n = number of sample components;
Dj = Concentration of sample component j, in parts per
          million by volume on a wet basis, as measured for organics by
          Method 18 of 40 CFR part 60, appendix A, or by American
          Society for Testing and Materials (ASTM) D6420-99 (available
          for purchase from at least one of the following addresses: 100
          Barr Harbor Drive, West Conshohocken, PA 19428-2959; or
          University Microfilms International, 300 North Zeeb Road, Ann
          Arbor, MI 48106) under the conditions specified in
          Sec. 63.997(e)(2)(iii)(D)(1) through (3). Hydrogen and carbon
          monoxide are measured by ASTM D1946-90; and
Hj = Net heat of combustion of sample component j,
          kilocalories per gram mole at 25  deg.C and 760 millimeters of
          mercury (30 inches of mercury).

    (iii) The actual exit velocity of a flare shall be determined by
dividing the volumetric flow rate (in unit of standard temperature and
pressure), as determined by Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR
part 60, appendix A, as appropriate, by the unobstructed (free) cross
sectional area of the flare tip.
    (iv) Flare flame or pilot monitors, as applicable, shall be operated
during any flare compliance assessment.
    (c) Flare monitoring requirements. Where a flare is used, the
following monitoring equipment is required: a device (including but not
limited to a thermocouple, ultra-violet beam sensor, or infrared sensor)
capable of continuously detecting that at least one pilot flame or the
flare flame is present. Flare flame monitoring and compliance records
shall be kept as specified in Sec. 63.998(a)(1) and reported as
specified in Sec. 63.999(a).

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999;
67 FR 46277, July 12, 2002]



Sec. 63.988  Incinerators, boilers, and process heaters.

    (a) Equipment and operating requirements. (1) Owners or operators
using incinerators, boilers, or process heaters to meet a weight-percent
emission reduction or parts per million by volume outlet concentration
requirement specified in a referencing subpart shall meet the
requirements of this section.
    (2) Incinerators, boilers, or process heaters used to comply with
the provisions of a referencing subpart and this subpart shall be
operated at all times when emissions are vented to them.
    (3) For boilers and process heaters, the vent stream shall be
introduced into the flame zone of the boiler or process heater.
    (b) Performance test requirements. (1) Except as specified in
Sec. 63.997(b), and paragraph (b)(2) of this section, the owner or
operator shall conduct an initial performance test of any incinerator,
boiler, or process heater used to comply with the provisions of a
referencing subpart and this subpart according to the procedures in
Sec. 63.997. Performance test records shall be kept as specified in
Sec. 63.998(a)(2) and a performance test report shall be submitted as
specified in Sec. 63.999(a)(2). As provided in Sec. 63.985(b)(1), a
design evaluation may be used as an alternative to the performance test
for storage vessels and low throughput transfer rack controls. As
provided in Sec. 63.986(b), no performance test is required for
equipment leaks.
    (2) An owner or operator is not required to conduct a performance
test when any of the control devices specified in paragraphs (b)(2)(i)
through (iv) of this section are used.
    (i) A hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O;
    (ii) A boiler or process heater with a design heat input capacity of
44 megawatts (150 million British thermal units per hour) or greater;
    (iii) A boiler or process heater into which the vent stream is
introduced

[[Page 439]]

with the primary fuel or is used as the primary fuel; or
    (iv) A boiler or process heater burning hazardous waste for which
the owner or operator meets the requirements specified in paragraph
(b)(2)(iv)(A) or (B) of this section.
    (A) The boiler or process heater has been issued a final permit
under 40 CFR part 270 and complies with the requirements of 40 CFR part
266, subpart H; or
    (B) The boiler or process heater has certified compliance with the
interim status requirements of 40 CFR part 266, subpart H.
    (c) Incinerator, boiler, and process heater monitoring requirements.
Where an incinerator, boiler, or process heater is used, a temperature
monitoring device capable of providing a continuous record that meets
the provisions specified in paragraph (c)(1), (2), or (3) of this
section is required. Any boiler or process heater in which all vent
streams are introduced with primary fuel or are used as the primary fuel
is exempt from monitoring. Monitoring results shall be recorded as
specified in Sec. 63.998(b) and (c), as applicable. General requirements
for monitoring and continuous parameter monitoring systems are contained
in the referencing subpart and Sec. 3.996.
    (1) Where an incinerator other than a catalytic incinerator is used,
a temperature monitoring device shall be installed in the fire box or in
the ductwork immediately downstream of the fire box in a position before
any substantial heat exchange occurs.
    (2) Where a catalytic incinerator is used, temperature monitoring
devices shall be installed in the gas stream immediately before and
after the catalyst bed.
    (3) Where a boiler or process heater of less than 44 megawatts (150
million British thermal units per hour) design heat input capacity is
used and the regulated vent stream is not introduced as or with the
primary fuel, a temperature monitoring device shall be installed in the
fire box.



Sec. 63.989  [Reserved]



Sec. 63.990  Absorbers, condensers, and carbon adsorbers used as control
devices.

    (a) Equipment and operating requirements. (1) Owners or operators
using absorbers, condensers, or carbon adsorbers to meet a weight-
percent emission reduction or parts per million by volume outlet
concentration requirement specified in a referencing subpart shall meet
the requirements of this section.
    (2) Absorbers, condensers, and carbon adsorbers used to comply with
the provisions of a referencing subpart and this subpart shall be
operated at all times when emissions are vented to them.
    (b) Performance test requirements. Except as specified in
Sec. 63.997(b), the owner or operator shall conduct an initial
performance test of any absorber, condenser, or carbon adsorber used as
a control device to comply with the provisions of the referencing
subpart and this subpart according to the procedures in Sec. 63.997.
Performance test records shall be kept as specified in Sec. 63.998(a)(2)
and a performance test report shall be submitted as specified in
Sec. 63.999(a)(2). As provided in Sec. 63.985(b)(1), a design evaluation
may be used as an alternative to the performance test for storage
vessels and low throughput transfer rack controls. As provided in
Sec. 63.986(b), no performance test is required to demonstrate
compliance for equipment leaks.
    (c) Monitoring requirements. Where an absorber, condenser, or carbon
adsorber is used as a control device, either an organic monitoring
device capable of providing a continuous record, or the monitoring
devices specified in paragraphs (c)(1) through (3), as applicable, shall
be used. Monitoring results shall be recorded as specified in
Sec. 63.998(b) and (c), as applicable. General requirements for
monitoring and continuous parameter monitoring systems are contained in
a referencing subpart and Sec. 63.996.
    (1) Where an absorber is used, a scrubbing liquid temperature
monitoring device and a specific gravity monitoring device, each capable
of providing a continuous record, shall be

[[Page 440]]

used. If the difference between the specific gravity of the saturated
scrubbing fluid and specific gravity of the fresh scrubbing fluid is
less than 0.02 specific gravity units, an organic monitoring device
capable of providing a continuous record shall be used.
    (2) Where a condenser is used, a condenser exit (product side)
temperature monitoring device capable of providing a continuous record
shall be used.
    (3) Where a carbon adsorber is used, an integrating regeneration
stream flow monitoring device having an accuracy of 10 percent or
better, capable of recording the total regeneration stream mass or
volumetric flow for each regeneration cycle; and a carbon bed
temperature monitoring device, capable of recording the carbon bed
temperature after each regeneration and within 15 minutes of completing
any cooling cycle, shall be used.



Sec. 63.991  [Reserved]



Sec. 63.992  Implementation and enforcement.

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

[67 FR 46277, July 12, 2002]



Sec. 63.993  Absorbers, condensers, carbon adsorbers and other recovery
devices used as final recovery devices.

    (a) Final recovery device equipment and operating requirements. (1)
Owners or operators using a final recovery device to maintain a TRE
above a level specified in a referencing subpart shall meet the
requirements of this section.
    (2) Recovery devices used to comply with the provisions of a
referencing subpart and this subpart shall be operated at all times when
emissions are vented to them.
    (b) Recovery device performance test requirements. There are no
performance test requirements for recovery devices. TRE index value
determination information shall be recorded as specified in
Sec. 63.998(a)(3).
    (c) Recovery device monitoring requirements. (1) Where an absorber
is the final recovery device in the recovery system and the TRE index
value is between the level specified in a referencing subpart and 4.0,
either an organic monitoring device capable of providing a continuous
record or a scrubbing liquid temperature monitoring device and a
specific gravity monitoring device, each capable of providing a
continuous record, shall be used. If the difference between the specific
gravity of the saturated scrubbing fluid and specific gravity of the
fresh scrubbing fluid is less than 0.02 specific gravity units, an
organic monitoring device capable of providing a continuous record shall
be used. Monitoring results shall be recorded as specified in
Sec. 63.998(b) and (c), as applicable. General requirements for
monitoring and continuous parameter monitoring systems are contained in
Sec. 63.996.

[[Page 441]]

    (2) Where a condenser is the final recovery device in the recovery
system and the TRE index value is between the level specified in a
referencing subpart and 4.0, an organic monitoring device capable of
providing a continuous record or a condenser exit (product side)
temperature monitoring device capable of providing a continuous record
shall be used. Monitoring results shall be recorded as specified in
Sec. 63.998(b) and (c), as applicable. General requirements for
monitoring and continuous parameter monitoring systems are contained in
a referencing subpart and Sec. 63.996.
    (3) Where a carbon adsorber is the final recovery device in the
recovery system and the TRE index value is between the level specified
in a referencing subpart and 4.0, an organic monitoring device capable
of providing a continuous record or an integrating regeneration stream
flow monitoring device having an accuracy of 10 percent or better,
capable of recording the total regeneration stream mass or volumetric
flow for each regeneration cycle; and a carbon-bed temperature
monitoring device, capable of recording the carbon-bed temperature after
each regeneration and within 15 minutes of completing any cooling cycle
shall be used. Monitoring results shall be recorded as specified in
Sec. 63.998(b) and (c), as applicable. General requirements for
monitoring and continuous parameter monitoring systems are contained in
a referencing subpart and Sec. 63.996.
    (4) If an owner or operator uses a recovery device other than those
listed in this subpart, the owner or operator shall submit a description
of planned monitoring, reporting and recordkeeping procedures as
specified in a referencing subpart. The Administrator will approve,
deny, or modify based on the reasonableness of the proposed monitoring,
reporting and recordkeeping requirements as part of the review of the
submission or permit application or by other appropriate means.



Sec. 63.994  Halogen scrubbers and other halogen reduction devices.

    (a) Halogen scrubber and other halogen reduction device equipment
and operating requirements. (1) An owner or operator of a halogen
scrubber or other halogen reduction device subject to this subpart shall
reduce the overall emissions of hydrogen halides and halogens by the
control device performance level specified in a referencing subpart.
    (2) Halogen scrubbers and other halogen reduction devices used to
comply with the provisions of a referencing subpart and this subpart
shall be operated at all times when emissions are vented to them.
    (b) Halogen scrubber and other halogen reduction device performance
test requirements. (1) An owner or operator of a combustion device
followed by a halogen scrubber or other halogen reduction device to
control halogenated vent streams in accordance with a referencing
subpart and this subpart shall conduct an initial performance test to
determine compliance with the control efficiency or emission limits for
hydrogen halides and halogens according to the procedures in
Sec. 63.997. Performance test records shall be kept as specified in
Sec. 63.998(a)(2) and a performance test report shall be submitted as
specified in Sec. 63.999(a)(2).
    (2) An owner or operator of a halogen scrubber or other halogen
reduction technique used to reduce the vent stream halogen atom mass
emission rate prior to a combustion device to comply with a performance
level specified in a referencing subpart shall determine the halogen
atom mass emission rate prior to the combustion device according to the
procedures specified in the referencing subpart. Records of the halogen
concentration in the vent stream shall be generated as specified in
Sec. 63.998(a)(4).
    (c) Halogen scrubber and other halogen reduction device monitoring
requirements. (1) Where a halogen scrubber is used, the monitoring
equipment specified in paragraphs (c)(1)(i) and (ii) of this section is
required for the scrubber. Monitoring results shall be recorded as
specified in Sec. 63.998(b) and (c), as applicable. General requirements
for monitoring and continuous parameter monitoring systems are contained
in a referencing subpart and Sec. 63.996.
    (i) A pH monitoring device capable of providing a continuous record
shall be installed to monitor the pH of the scrubber effluent.

[[Page 442]]

    (ii) A flow meter capable of providing a continuous record shall be
located at the scrubber influent for liquid flow. Gas stream flow shall
be determined using one of the procedures specified in paragraphs
(c)(1)(ii)(A) through (D) of this section.
    (A) The owner or operator may determine gas stream flow using the
design blower capacity, with appropriate adjustments for pressure drop.
    (B) The owner or operator may measure the gas stream flow at the
scrubber inlet.
    (C) If the scrubber is subject to regulations in 40 CFR parts 264
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for the process unit of
which it is part as specified in a referencing subpart, the owner or
operator may determine gas stream flow by the method that had been
utilized to comply with those regulations. A determination that was
conducted prior to that compliance date may be utilized to comply with
this subpart if it is still representative.
    (D) The owner or operator may prepare and implement a gas stream
flow determination plan that documents an appropriate method that will
be used to determine the gas stream flow. The plan shall require
determination of gas stream flow by a method that will at least provide
a value for either a representative or the highest gas stream flow
anticipated in the scrubber during representative operating conditions
other than start-ups, shutdowns, or malfunctions. The plan shall include
a description of the methodology to be followed and an explanation of
how the selected methodology will reliably determine the gas stream
flow, and a description of the records that will be maintained to
document the determination of gas stream flow. The owner or operator
shall maintain the plan as specified in a referencing subpart.
    (2) Where a halogen reduction device other than a scrubber is used,
the owner or operator shall follow the procedures specified in a
referencing subpart in order to establish monitoring parameters.



Sec. 63.995  Other control devices.

    (a) Other control device equipment and operating requirements. (1)
Owners or operators using a control device other than one listed in
Secs. 63.985 through 63.990 to meet a weight-percent emission reduction
or parts per million by volume outlet concentration requirement
specified in a referencing subpart shall meet the requirements of this
section.
    (2) Other control devices used to comply with the provisions of a
referencing subpart and this subpart shall be operated at all times when
emissions are vented to them.
    (b) Other control device performance test requirements. An owner or
operator using a control device other than those specified in
Secs. 63.987 through 63.990 to comply with a performance level specified
in a referencing subpart, shall perform an initial performance test
according to the procedures in Sec. 63.997. Performance test records
shall be kept as specified in Sec. 63.998(a)(2) and a performance test
report shall be submitted as specified in Sec. 63.999(a)(2).
    (c) Other control device monitoring requirements. If an owner or
operator uses a control device other than those listed in this subpart,
the owner or operator shall submit a description of planned monitoring,
recordkeeping and reporting procedures as specified in a referencing
subpart. The Administrator will approve, deny, or modify based on the
reasonableness of the proposed monitoring, reporting and recordkeeping
requirements as part of the review of the submission or permit
application or by other appropriate means.



Sec. 63.996  General monitoring requirements for control and recovery
devices.

    (a) General monitoring requirements applicability. (1) This section
applies to the owner or operator of a regulated source required to
monitor under this subpart.
    (2) Flares subject to Sec. 63.987(c) are not subject to the
requirements of this section.
    (3) Flow indicators are not subject to the requirements of this
section.
    (b) Conduct of monitoring. (1) Monitoring shall be conducted as set
forth

[[Page 443]]

in this section and in the relevant sections of this subpart unless the
provision in either paragraph (b)(1)(i) or (ii) of this section applies.
    (i) The Administrator specifies or approves the use of minor changes
in methodology for the specified monitoring requirements and procedures;
or
    (ii) The Administrator approves the use of alternatives to any
monitoring requirements or procedures as provided in the referencing
subpart or paragraph (d) of this section.
    (2) When one CPMS is used as a backup to another CPMS, the owner or
operator shall report the results from the CPMS used to meet the
monitoring requirements of this subpart. If both such CPMS's are used
during a particular reporting period to meet the monitoring requirements
of this subpart, then the owner or operator shall report the results
from each CPMS for the time during the six month period that the
instrument was relied upon to demonstrate compliance.
    (c) Operation and maintenance of continuous parameter monitoring
systems. (1) All monitoring equipment shall be installed, calibrated,
maintained, and operated according to manufacturer's specifications or
other written procedures that provide adequate assurance that the
equipment would reasonably be expected to monitor accurately.
    (2) The owner or operator of a regulated source shall maintain and
operate each CPMS as specified in this section, or in a relevant
subpart, and in a manner consistent with good air pollution control
practices.
    (i) The owner or operator of a regulated source shall ensure the
immediate repair or replacement of CPMS parts to correct ``routine'' or
otherwise predictable CPMS malfunctions. The necessary parts for routine
repairs of the affected equipment shall be readily available.
    (ii) If under the referencing subpart, an owner or operator has
developed a start-up, shutdown, and malfunction plan, the plan is
followed, and the CPMS is repaired immediately, this action shall be
recorded as specified in Sec. 63.998(c)(1)(ii)(E).
    (iii) The Administrator's determination of whether acceptable
operation and maintenance procedures are being used for the CPMS will be
based on information that may include, but is not limited to, review of
operation and maintenance procedures, operation and maintenance records
as specified in Sec. 63.998(c)(1)(i) and (ii), manufacturer's
recommendations and specifications, and inspection of the CPMS.
    (3) All CPMS's shall be installed and operational, and the data
verified as specified in this subpart either prior to or in conjunction
with conducting performance tests. Verification of operational status
shall, at a minimum, include completion of the manufacturer's written
specifications or recommendations for installation, operation, and
calibration of the system or other written procedures that provide
adequate assurance that the equipment would reasonably be expected to
monitor accurately.
    (4) All CPMS's shall be installed such that representative
measurements of parameters from the regulated source are obtained.
    (5) In accordance with the referencing subpart, except for system
breakdowns, repairs, maintenance periods, instrument adjustments, or
checks to maintain precision and accuracy, calibration checks, and zero
and span adjustments, all continuous parameter monitoring systems shall
be in continuous operation when emissions are being routed to the
monitored device.
    (6) The owner or operator shall establish a range for monitored
parameters that indicates proper operation of the control or recovery
device. In order to establish the range, the information required in
Sec. 63.999(b)(3) shall be submitted in the Notification of Compliance
Status or the operating permit application or amendment. The range may
be based upon a prior performance test meeting the specifications of
Sec. 63.997(b)(1) or a prior TRE index value determination, as
applicable, or upon existing ranges or limits established under a
referencing subpart. Where the regeneration stream flow and carbon bed
temperature are monitored, the range shall be in terms of the total
regeneration stream flow per regeneration cycle and the temperature of
the carbon bed determined within 15 minutes of the completion of the
regeneration cooling cycle.

[[Page 444]]

    (d) Alternatives to monitoring requirements--(1) Alternatives to the
continuous operating parameter monitoring and recordkeeping provisions.
An owner or operator may request approval to use alternatives to the
continuous operating parameter monitoring and recordkeeping provisions
listed in Secs. 63.988(c), 63.990(c), 63.993(c), 63.994(c), 63.998(a)(2)
through (4), 63.998(c)(2) and (3), as specified in Sec. 63.999(d)(1).
    (2) Monitoring a different parameter than those listed. An owner or
operator may request approval to monitor a different parameter than
those established in paragraph (c)(6) of this section or to set unique
monitoring parameters if directed by Sec. 63.994(c)(2) or
Sec. 63.995(c), as specified in Sec. 63.999(d)(2).



Sec. 63.997  Performance test and compliance assessment requirements for
control devices.

    (a) Performance tests and flare compliance assessments. Where
Secs. 63.985 through 63.995 require, or the owner or operator elects to
conduct, a performance test of a control device or a halogen reduction
device, or a compliance assessment for a flare, the requirements of
paragraphs (b) through (d) of this section apply.
    (b) Prior test results and waivers. Initial performance tests and
initial flare compliance assessments are required only as specified in
this subpart or a referencing subpart.
    (1) Unless requested by the Administrator, an owner or operator is
not required to conduct a performance test or flare compliance
assessment under this subpart if a prior performance test or compliance
assessment was conducted using the same methods specified in
Sec. 63.997(e) or Sec. 63.987(b)(3), as applicable, and either no
process changes have been made since the test, or the owner or operator
can demonstrate that the results of the performance test or compliance
demonstration, with or without adjustments, reliably demonstrate
compliance despite process changes. An owner or operator may request
permission to substitute a prior performance test or compliance
assessment by written application to the Administrator as specified in
Sec. 63.999(a)(1)(iv).
    (2) Individual performance tests and flare compliance assessments
may be waived upon written application to the Administrator, per
Sec. 63.999(a)(1)(iii), if, in the Administrator's judgment, the source
is meeting the relevant standard(s) on a continuous basis, the source is
being operated under an extension or waiver of compliance, or the owner
or operator has requested an extension or waiver of compliance and the
Administrator is still considering that request.
    (3) Approval of any waiver granted under this section shall not
abrogate the Administrator's authority under the Act or in any way
prohibit the Administrator from later canceling the waiver. The
cancellation will be made only after notification is given to the owner
or operator of the source.
    (c) Performance tests and flare compliance assessments schedule. (1)
Unless a waiver of performance testing or flare compliance assessment is
obtained under this section or the conditions of a referencing subpart,
the owner or operator shall perform such tests as specified in
paragraphs (c)(1)(i) through (vii) of this section.
    (i) Within 180 days after the effective date of a relevant standard
for a new source that has an initial start-up date before the effective
date of that standard; or
    (ii) Within 180 days after initial start-up for a new source that
has an initial start-up date after the effective date of a relevant
standard; or
    (iii) Within 180 days after the compliance date specified in a
referencing subpart for an existing source, or within 180 days after
start-up of an existing source if the source begins operation after the
effective date of the relevant emission standard; or
    (iv) Within 180 days after the compliance date for an existing
source subject to an emission standard established pursuant to section
112(f) of the Act; or
    (v) Within 180 days after the termination date of the source's
extension of compliance or a waiver of compliance for an existing source
that obtains an extension of compliance under Sec. 63.1112(a), or waiver
of compliance under 40 CFR 61.11; or
    (vi) Within 180 days after the compliance date for a new source,
subject to

[[Page 445]]

an emission standard established pursuant to section 112(f) of the Act,
for which construction or reconstruction is commenced after the proposal
date of a relevant standard established pursuant to section 112(d) of
the Act but before the proposal date of the relevant standard
established pursuant to section 112(f); or
    (vii) When the promulgated emission standard in a referencing
subpart is more stringent than the standard that was proposed, the owner
or operator of a new or reconstructed source subject to that standard
for which construction or reconstruction is commenced between the
proposal and promulgation dates of the standard shall comply with
performance testing requirements within 180 days after the standard's
effective date, or within 180 days after start-up of the source,
whichever is later. If a promulgated standard in a referencing subpart
is more stringent than the proposed standard, the owner or operator may
choose to demonstrate compliance initially with either the proposed or
the promulgated standard. If the owner or operator chooses to comply
with the proposed standard initially, the owner or operator shall
conduct a second performance test within 3 years and 180 days after the
effective date of the standard, or after start-up of the source,
whichever is later, to demonstrate compliance with the promulgated
standard.
    (2) The Administrator may require an owner or operator to conduct
performance tests and compliance assessments at the regulated source at
any time when the action is authorized by section 114 of the Act.
    (3) Unless already permitted by the applicable title V permit, if an
owner or operator elects to use a recovery device to replace an existing
control device at a later date, or elects to use a different flare,
nonflare control device or recovery device to replace an existing flare,
nonflare control device or final recovery device at a later date, the
owner or operator shall notify the Administrator, either by amendment of
the regulated source's title V permit or, if title V is not applicable,
by submission of the notice specified in Sec. 63.999(c)(7) before
implementing the change. Upon implementing the change, a compliance
demonstration or performance test shall be performed according to the
provisions of paragraphs (c)(3)(i) through (v) of this section, as
applicable, within 180 days. The compliance assessment report shall be
submitted to the Administrator within 60 days of completing the
determination, as provided in Sec. 63.999(a)(1)(ii).
    (i) For flares used to replace an existing control device, a flare
compliance demonstration shall be performed using the methods specified
in Sec. 63.987(b);
    (ii) For flares used to replace an existing final recovery device
that is used on an applicable process vent, the owner or operator shall
comply with the applicable provisions in a referencing subpart and in
this subpart;
    (iii) For incinerators, boilers, or process heaters used to replace
an existing control device, a performance test shall be performed, using
the methods specified in Sec. 63.997;
    (iv) For absorbers, condensers, or carbon adsorbers used to replace
an existing control device on a process vent or a transfer rack, a
performance test shall be performed, using the methods specified in
Sec. 63.997;
    (v) For absorbers, condensers, or carbon adsorbers used to replace
an existing final recovery device on a process vent, the owner or
operator shall comply with the applicable provisions of a referencing
subpart and this subpart;
    (d) Performance testing facilities. If required to do performance
testing, the owner or operator of each new regulated source and, at the
request of the Administrator, the owner or operator of each existing
regulated source, shall provide performance testing facilities as
specified in paragraphs (d)(1) through (5) of this section.
    (1) Sampling ports adequate for test methods applicable to such
source. This includes, as applicable, the requirements specified in
(d)(1)(i) and (ii) of this section.
    (i) Constructing the air pollution control system such that
volumetric flow rates and pollutant emission rates can be accurately
determined by applicable test methods and procedures; and
    (ii) Providing a stack or duct free of cyclonic flow during
performance tests,

[[Page 446]]

as demonstrated by applicable test methods and procedures;
    (2) Safe sampling platform(s);
    (3) Safe access to sampling platform(s);
    (4) Utilities for sampling and testing equipment; and
    (5) Any other facilities that the Administrator deems necessary for
safe and adequate testing of a source.
    (e) Performance test procedures. Where Secs. 63.985 through 63.995
require the owner or operator to conduct a performance test of a control
device or a halogen reduction device, the owner or operator shall follow
the requirements of paragraphs (e)(1)(i) through (v) of this section, as
applicable.
    (1) General procedures. (i) Continuous unit operations. For
continuous unit operations, performance tests shall be conducted at
maximum representative operating conditions for the process, unless the
Administrator specifies or approves alternate operating conditions.
During the performance test, an owner or operator may operate the
control or halogen reduction device at maximum or minimum representative
operating conditions for monitored control or halogen reduction device
parameters, whichever results in lower emission reduction. Operations
during periods of start-up, shutdown, and malfunction shall not
constitute representative conditions for the purpose of a performance
test.
    (ii) [Reserved]
    (iii) Combination of both continuous and batch unit operations. For
a combination of both continuous and batch unit operations, performance
tests shall be conducted at maximum representative operating conditions.
For the purpose of conducting a performance test on a combined vent
stream, maximum representative operating conditions shall be when batch
emission episodes are occurring that result in the highest organic HAP
emission rate (for the combined vent stream) that is achievable during
the 6-month period that begins 3 months before and ends 3 months after
the compliance assessment (e.g. TRE calculation, performance test)
without causing any of the situations described in paragraphs
(e)(1)(iii)(A) through (C) of this section.
    (A) Causing damage to equipment;
    (B) Necessitating that the owner or operator make product that does
not meet an existing specification for sale to a customer; or
    (C) Necessitating that the owner or operator make product in excess
of demand.
    (iv) Alternatives to performance test requirements. Performance
tests shall be conducted and data shall be reduced in accordance with
the test methods and procedures set forth in this subpart, in each
relevant standard, and, if required, in applicable appendices of 40 CFR
parts 51, 60, 61, and 63 unless the Administrator specifies one of the
provisions in paragraphs (e)(1)(iv)(A) through (E) of this section.
    (A) Specifies or approves, in specific cases, the use of a test
method with minor changes in methodology; or
    (B) Approves the use of an alternative test method, the results of
which the Administrator has determined to be adequate for indicating
whether a specific regulated source is in compliance. The alternate
method or data shall be validated using the applicable procedures of
Method 301 of appendix A of 40 CFR part 63; or
    (C) Approves shorter sampling times and smaller sample volumes when
necessitated by process variables or other factors; or
    (D) Waives the requirement for the performance test as specified in
paragraph (b)(2) of this section because the owner or operator of a
regulated source has demonstrated by other means to the Administrator's
satisfaction that the regulated source is in compliance with the
relevant standard; or
    (E) Approves the use of an equivalent method.
    (v) Performance test runs. Except as provided in paragraphs
(e)(1)(v)(A) and (B) of this section, each performance test shall
consist of three separate runs using the applicable test method. Each
run shall be conducted for at least 1 hour and under the conditions
specified in this section. For the purpose of determining compliance
with an applicable standard, the arithmetic means of results of the
three runs shall apply. In the event that a sample is accidentally lost
or conditions occur in which one of the three runs must be discontinued
because of forced shutdown, failure of

[[Page 447]]

an irreplaceable portion of the sample train, extreme meteorological
conditions, or other circumstances, beyond the owner or operator's
control, compliance may, upon the Administrator's approval, be
determined using the arithmetic mean of the results of the two other
runs.
    (A) For control devices used to control emissions from transfer
racks (except low throughput transfer racks that are capable of
continuous vapor processing but do not handle continuous emissions or
multiple loading arms of a transfer rack that load simultaneously), each
run shall represent at least one complete tank truck or tank car loading
period, during which regulated materials are loaded, and samples shall
be collected using integrated sampling or grab samples taken at least
four times per hour at approximately equal intervals of time, such as
15-minute intervals.
    (B) For intermittent vapor processing systems used for controlling
transfer rack emissions (except low throughput transfer racks that do
not handle continuous emissions or multiple loading arms of a transfer
rack that load simultaneously), each run shall represent at least one
complete control device cycle, and samples shall be collected using
integrated sampling or grab samples taken at least four times per hour
at approximately equal intervals of time, such as 15-minute intervals.
    (2) Specific procedures. Where Secs. 63.985 through 63.995 require
the owner or operator to conduct a performance test of a control device,
or a halogen reduction device, an owner or operator shall conduct that
performance test using the procedures in paragraphs (e)(2)(i) through
(iv) of this section, as applicable. The regulated material
concentration and percent reduction may be measured as either total
organic regulated material or as TOC minus methane and ethane according
to the procedures specified.
    (i) Selection of sampling sites. Method 1 or 1A of 40 CFR part 60,
appendix A, as appropriate, shall be used for selection of the sampling
sites.
    (A) For determination of compliance with a percent reduction
requirement of total organic regulated material or TOC, sampling sites
shall be located as specified in paragraphs (e)(2)(i)(A)(1) and
(e)(2)(i)(A)(2) of this section, and at the outlet of the control
device.
    (1) With the exceptions noted below in paragraphs (e)(2)(i)(A)(2)
and (3), the control device inlet sampling site shall be located at the
exit from the unit operation before any control device.
    (2) For process vents from continuous unit operations at affected
sources in subcategories where the applicability criteria includes a TRE
index value, the control device inlet sampling site shall be located
after the final recovery device.
    (3) If a vent stream is introduced with the combustion air or as a
secondary fuel into a boiler or process heater with a design capacity
less than 44 megawatts, selection of the location of the inlet sampling
sites shall ensure the measurement of total organic regulated material
or TOC (minus methane and ethane) concentrations, as applicable, in all
vent streams and primary and secondary fuels introduced into the boiler
or process heater.
    (B) For determination of compliance with a parts per million by
volume total regulated material or TOC limit in a referencing subpart,
the sampling site shall be located at the outlet of the control device.
    (ii) Gas volumetric flow rate. The gas volumetric flow rate shall be
determined using Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60,
appendix A, as appropriate.
    (iii) Total organic regulated material or TOC concentration. To
determine compliance with a parts per million by volume total organic
regulated material or TOC limit, the owner or operator shall use Method
18 or 25A of 40 CFR part 60, appendix A, as applicable. The ASTM D6420-
99 may be used in lieu of Method 18 of 40 CFR part 60, appendix A, under
the conditions specified in paragraphs (e)(2)(iii)(D)(1) through (3) of
this section. Alternatively, any other method or data that have been
validated according to the applicable procedures in Method 301 of
appendix A of 40 CFR part 63 may be used. The procedures specified in
paragraphs (e)(2)(iii)(A), (B), (D), and (E) of this section shall be
used to calculate parts per million by volume concentration.

[[Page 448]]

The calculated concentration shall be corrected to 3 percent oxygen
using the procedures specified in paragraph (e)(2)(iii)(C) of this
section if a combustion device is the control device and supplemental
combustion air is used to combust the emissions.
    (A) Sampling time. For continuous unit operations and for a
combination of both continuous and batch unit operations, the minimum
sampling time for each run shall be 1 hour in which either an integrated
sample or a minimum of four grab samples shall be taken. If grab
sampling is used, then the samples shall be taken at approximately equal
intervals in time, such as 15 minute intervals during the run.
    (B) Concentration calculation. The concentration of either TOC
(minus methane or ethane) or total organic regulated material shall be
calculated according to paragraph (e)(2)(iii)(B) (1) or (2) of this
section.
    (1) The TOC concentration (CTOC) is the sum of the
concentrations of the individual components and shall be computed for
each run using Equation 2.
[GRAPHIC] [TIFF OMITTED] TR29JN99.001

Where:

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

    (2) The total organic regulated material (CREG) shall be
computed according to Equation 2 in paragraph (e)(2)(iii)(B)(1) of this
section except that only the regulated species shall be summed.
    (C) Concentration correction calculation. The concentration of TOC
or total organic regulated material, as applicable, shall be corrected
to 3 percent oxygen if a combustion device is the control device and
supplemental combustion air is used to combust the emissions.
    (1) The emission rate correction factor (or excess air), integrated
sampling and analysis procedures of Method 3B of 40 CFR part 60,
appendix A, or American Society of Mechanical Engineers (ASME) PTC 19-
10-1981-Part 10 (available for purchase from: ASME International, Three
Park Avenue, New York, NY 10016-5990, 800-843-2763 or 212-591-7722),
shall be used to determine the oxygen concentration. The sampling site
shall be the same as that of the organic regulated material or organic
compound samples, and the samples shall be taken during the same time
that the organic regulated material or organic compound samples are
taken.
    (2) The concentration corrected to 3 percent oxygen (Cc)
shall be computed using Equation 3.
[GRAPHIC] [TIFF OMITTED] TR29JN99.002

Where:

Cc = Concentration of TOC or organic regulated material
          corrected to 3 percent oxygen, dry basis, parts per million by
          volume.
Cm = Concentration of TOC (minus methane and ethane) or
          organic regulated material, dry basis, parts per million by
          volume.
%O2d = Concentration of oxygen, dry basis, percentage by
          volume.

    (D) To measure the total organic regulated material concentration at
the outlet of a control device, use Method 18 of 40 CFR part 60,
appendix A, or ASTM D6420-99. If you have a combustion control device,
you must first determine which regulated material compounds are present
in the inlet gas stream using process knowledge or the screening
procedure described in Method 18. In conducting the performance test,
analyze samples collected at the outlet of the combustion control device
as specified in Method 18 or ASTM D6420-99 for the regulated material
compounds present at the inlet of the control device. The method ASTM
D6420-99 may be used only under the conditions specified in paragraphs
(e)(2)(iii)(D)(1) through (3) of this section.
    (1) If the target compound(s) is listed in Section 1.1 of ASTM
D6420-99 and

[[Page 449]]

the target concentration is between 150 parts per billion by volume and
100 parts per million by volume.
    (2) If the target compound(s) is not listed in Section 1.1 of ASTM
D6420-99 but is potentially detected by mass spectrometry, an additional
system continuing calibration check after each run, as detailed in
Section 10.5.3 of ASTM D6420-99, must be followed, met, documented, and
submitted with the performance test report even if you do not use a
moisture condenser or the compound is not considered soluble.
    (3) If a minimum of one sample/analysis cycle is completed at least
every 15 minutes.
    (E) To measure the TOC concentration, use Method 18 of 40 CFR part
60, appendix A, or use Method 25A of 40 CFR part 60, appendix A,
according to the procedures in paragraphs (e)(2)(iii)(E)(1) through (4)
of this section.
    (1) Calibrate the instrument on the predominant regulated material
compound.
    (2) The test results are acceptable if the response from the high
level calibration gas is at least 20 times the standard deviation for
the response from the zero calibration gas when the instrument is zeroed
on its most sensitive scale.
    (3) The span value of the analyzer must be less than 100 parts per
million by volume.
    (4) Report the results as carbon, calculated according to Equation
25A-1 of Method 25A of 40 CFR part 60, appendix A.
    (iv) Percent reduction calculation. To determine compliance with a
percent reduction requirement, the owner or operator shall use Method
18, 25, or 25A of 40 CFR part 60, appendix A, as applicable. The method
ASTM D6420-99 may be used in lieu of Method 18 of 40 CFR part 60,
appendix A, under the conditions specified in paragraphs
(e)(2)(iii)(D)(1) through (3) of this section. Alternatively, any other
method or data that have been validated according to the applicable
procedures in Method 301 of appendix A of 40 CFR part 63 may be used.
The procedures specified in paragraphs (e)(2)(iv)(A) through (I) of this
section shall be used to calculate percent reduction efficiency.
    (A) Sampling time. The minimum sampling time for each run shall be 1
hour in which either an integrated sample or a minimum of four grab
samples shall be taken. If grab sampling is used, then the samples shall
be taken at approximately equal intervals in time, such as 15-minute
intervals during the run.
    (B) Mass rate of TOC or total organic regulated material. The mass
rate of either TOC (minus methane and ethane) or total organic regulated
material (EI, Eo) shall be computed as applicable.
    (1) Equations 4 and 5 shall be used.
    [GRAPHIC] [TIFF OMITTED] TR29JN99.003

    [GRAPHIC] [TIFF OMITTED] TR29JN99.004

Where:

    EI, Eo = Emission rate of TOC (minus methane
and ethane) (ETOC) or emission rate of total organic
regulated material (ERM) in the sample at the inlet and
outlet of the control device, respectively, dry basis, kilogram per
hour.
K2 = Constant, 2.494 x 10-6 (parts per
          million)-1 (gram-mole per standard cubic meter)
          (kilogram per gram) (minute per hour), where standard
          temperature (gram-mole per standard cubic meter) is 20  deg.C.
n = Number of components in the sample.
Cij, Coj = Concentration on a dry basis of organic
          compound j in parts per million by volume of the gas stream at
          the inlet and outlet of the control device, respectively. If
          the TOC emission rate is being calculated, Cij and
          Coj include all organic compounds measured minus
          methane and ethane; if the total organic regulated material
          emissions rate is being calculated, only organic regulated
          material are included.
Mij, Moj = Molecular weight of organic compound j,
          gram per gram-mole, of the gas stream at the inlet and outlet
          of the control device, respectively.
QI, Qo = Process vent flow rate, dry standard
          cubic meter per minute, at a temperature of 20  deg.C, at the
          inlet and outlet of the control device, respectively.

    (2)-(3) [Reserved]
    (C) Percent reduction in TOC or total organic regulated material for
continuous unit operations and a combination of both

[[Page 450]]

continuous and batch unit operations. For continuous unit operations and
for a combination of both continuous and batch unit operations, the
percent reduction in TOC (minus methane and ethane) or total organic
regulated material shall be calculated using Equation 6.
[GRAPHIC] [TIFF OMITTED] TR29JN99.005

Where:

R = Control efficiency of control device, percent.
EI = Mass rate of TOC (minus methane and ethane) or total
          organic regulated material at the inlet to the control device
          as calculated under paragraph (e)(2)(iv)(B) of this section,
          kilograms TOC per hour or kilograms organic regulated material
          per hour.
Eo = Mass rate of TOC (minus methane and ethane) or total
          organic regulated material at the outlet of the control
          device, as calculated under paragraph (e)(2)(iv)(B) of this
          section, kilograms TOC per hour or kilograms total organic
          regulated material per hour.

    (D) Vent stream introduced with combustion air or as secondary fuel.
If the vent stream entering a boiler or process heater with a design
capacity less than 44 megawatts is introduced with the combustion air or
as a secondary fuel, the weight-percent reduction of total organic
regulated material or TOC (minus methane and ethane) across the device
shall be determined by comparing the TOC (minus methane and ethane) or
total organic regulated material in all combusted vent streams and
primary and secondary fuels with the TOC (minus methane and ethane) or
total organic regulated material exiting the combustion device,
respectively.
    (E) Transfer racks. Method 25A of 40 CFR part 60, appendix A, may
also be used for the purpose of determining compliance with the percent
reduction requirement for transfer racks.
    (1) If Method 25A of 40 CFR part 60, appendix A, is used to measure
the concentration of organic compounds (CTOC), the principal
organic regulated material in the vent stream shall be used as the
calibration gas.
    (2) An emission testing interval shall consist of each 15-minute
period during the performance test. For each interval, a reading from
each measurement shall be recorded.
    (3) The average organic compound concentration and the volume
measurement shall correspond to the same emissions testing interval.
    (4) The mass at the inlet and outlet of the control device during
each testing interval shall be calculated using Equation 7.
[GRAPHIC] [TIFF OMITTED] TR29JN99.006

Where:

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

    (5) The organic compound mass emission rates at the inlet and outlet
of the control device shall be calculated using Equations 8 and 9 as
follows:
[GRAPHIC] [TIFF OMITTED] TR29JN99.007

[GRAPHIC] [TIFF OMITTED] TR29JN99.008

Where:

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

    (F) To measure inlet and outlet concentrations of total organic
regulated

[[Page 451]]

material, use Method 18 of 40 CFR part 60, appendix A, or ASTM D6420-99,
under the conditions specified in paragraphs (e)(2)(iii)(D)(1) through
(3) of this section. In conducting the performance test, collect and
analyze samples as specified in Method 18 or ASTM D6420-99. You must
collect samples simultaneously at the inlet and outlet of the control
device. If the performance test is for a combustion control device, you
must first determine which regulated material compounds are present in
the inlet gas stream (i.e., uncontrolled emissions) using process
knowledge or the screening procedure described in Method 18. Quantify
the emissions for the regulated material compounds present in the inlet
gas stream for both the inlet and outlet gas streams for the combustion
device.
    (G) To determine inlet and outlet concentrations of TOC, use Method
25 of 40 CFR part 60, appendix A. Measure the total gaseous non-methane
organic (TGNMO) concentration of the inlet and outlet vent streams using
the procedures of Method 25. Use the TGNMO concentration in Equations 4
and 5 of paragraph (e)(2)(iv)(B) of this section.
    (H) Method 25A of 40 CFR part 60, appendix A, may be used instead of
Method 25 to measure inlet and outlet concentrations of TOC if the
condition in either paragraph (e)(2)(iv)(H)(1) or (2) of this section is
met.
    (1) The concentration at the inlet to the control system and the
required level of control would result in exhaust TGNMO concentrations
of 50 parts per million by volume or less.
    (2) Because of the high efficiency of the control device, the
anticipated TGNMO concentration of the control device exhaust is 50
parts per million by volume or less, regardless of the inlet
concentration.
    (I) If the uncontrolled or inlet gas stream to the control device
contains formaldehyde, you must conduct emissions testing according to
paragraph (e)(2)(iv)(I)(1) or (2) of this section.
    (1) If you elect to comply with a percent reduction requirement and
formaldehyde is the principal regulated material compound (i.e., greater
than 50 percent of the regulated material compounds in the stream by
volume), you must use Method 316 or 320 of 40 CFR part 63, appendix A,
to measure formaldehyde at the inlet and outlet of the control device.
Use the percent reduction in formaldehyde as a surrogate for the percent
reduction in total regulated material emissions.
    (2) If you elect to comply with an outlet total organic regulated
material concentration or TOC concentration limit, and the uncontrolled
or inlet gas stream to the control device contains greater than 10
percent (by volume) formaldehyde, you must use Method 316 or 320 of 40
CFR part 63, appendix A, to separately determine the formaldehyde
concentration. Calculate the total organic regulated material
concentration or TOC concentration by totaling the formaldehyde
emissions measured using Method 316 or 320 and the other regulated
material compound emissions measured using Method 18 or 25/25A.
    (3) An owner or operator using a halogen scrubber or other halogen
reduction device to control process vent and transfer rack halogenated
vent streams in compliance with a referencing subpart, who is required
to conduct a performance test to determine compliance with a control
efficiency or emission limit for hydrogen halides and halogens, shall
follow the procedures specified in paragraphs (e)(3) (i) through (iv) of
this section.
    (i) For an owner or operator determining compliance with the percent
reduction of total hydrogen halides and halogens, sampling sites shall
be located at the inlet and outlet of the scrubber or other halogen
reduction device used to reduce halogen emissions. For an owner or
operator determining compliance with a kilogram per hour outlet emission
limit for total hydrogen halides and halogens, the sampling site shall
be located at the outlet of the scrubber or other halogen reduction
device and prior to any releases to the atmosphere.
    (ii) Except as provided in paragraph (e)(1)(iv) of this section,
Method 26 or Method 26A of 40 CFR part 60, appendix A, shall be used to
determine the concentration, in milligrams per dry standard cubic meter,
of total hydrogen halides and halogens that may be present in the vent
stream. The mass emissions of each hydrogen halide and

[[Page 452]]

halogen compound shall be calculated from the measured concentrations
and the gas stream flow rate.
    (iii) To determine compliance with the percent removal efficiency,
the mass emissions for any hydrogen halides and halogens present at the
inlet of the halogen reduction device shall be summed together. The mass
emissions of the compounds present at the outlet of the scrubber or
other halogen reduction device shall be summed together. Percent
reduction shall be determined by comparison of the summed inlet and
outlet measurements.
    (iv) To demonstrate compliance with a kilogram per hour outlet
emission limit, the test results must show that the mass emission rate
of total hydrogen halides and halogens measured at the outlet of the
scrubber or other halogen reduction device is below the kilogram per
hour outlet emission limit specified in a referencing subpart.

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



Sec. 63.998  Recordkeeping requirements.

    (a) Compliance assessment, monitoring, and compliance records--(1)
Conditions of flare compliance assessment, monitoring, and compliance
records. Upon request, the owner or operator shall make available to the
Administrator such records as may be necessary to determine the
conditions of flare compliance assessments performed pursuant to
Sec. 63.987(b).
    (i) Flare compliance assessment records. When using a flare to
comply with this subpart, record the information specified in paragraphs
(a)(1)(i)(A) through (C) of this section for each flare compliance
assessment performed pursuant to Sec. 63.987(b). As specified in
Sec. 63.999(a)(2)(iii)(A), the owner or operator shall include this
information in the flare compliance assessment report.
    (A) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (B) All visible emission readings, heat content determinations, flow
rate measurements, and exit velocity determinations made during the
flare compliance assessment; and
    (C) All periods during the flare compliance assessment when all
pilot flames are absent or, if only the flare flame is monitored, all
periods when the flare flame is absent.
    (ii) Monitoring records. Each owner or operator shall keep up to
date and readily accessible hourly records of whether the monitor is
continuously operating and whether the flare flame or at least one pilot
flame is continuously present. For transfer racks, hourly records are
required only while the transfer rack vent stream is being vented.
    (iii) Compliance records. (A) Each owner or operator shall keep
records of the times and duration of all periods during which the flare
flame or all the pilot flames are absent. This record shall be submitted
in the periodic reports as specified in Sec. 63.999(c)(3).
    (B) Each owner or operator shall keep records of the times and
durations of all periods during which the monitor is not operating.
    (2) Nonflare control device performance test records. (i)
Availability of performance test records. Upon request, the owner or
operator shall make available to the Administrator such records as may
be necessary to determine the conditions of performance tests performed
pursuant to Sec. 63.988(b), Sec. 63.990(b), Sec. 63.994(b), or
Sec. 63.995(b).
    (ii) Nonflare control device and halogen reduction device
performance test records.
    (A) General requirements. Each owner or operator subject to the
provisions of this subpart shall keep up-to-date, readily accessible
continuous records of the data specified in paragraphs (a)(2)(ii)(B)
through (C) of this section, as applicable, measured during each
performance test performed pursuant to Sec. 63.988(b), Sec. 63.990(b),
Sec. 63.994(b), or Sec. 63.995(b), and also include that data in the
Notification of Compliance Status required under Sec. 63.999(b). The
same data specified in this section shall be submitted in the reports of
all subsequently required performance tests where either the emission
control efficiency of a combustion device, or the outlet concentration
of TOC or regulated material is determined.
    (B) Nonflare combustion device. Where an owner or operator subject
to the provisions of this paragraph seeks to demonstrate compliance with
a percent reduction requirement or a parts per

[[Page 453]]

million by volume requirement using a nonflare combustion device the
information specified in (a)(2)(ii)(B)(1) through (6) of this section
shall be recorded.
    (1) For thermal incinerators, record the fire box temperature
averaged over the full period of the performance test.
    (2) For catalytic incinerators, record the upstream and downstream
temperatures and the temperature difference across the catalyst bed
averaged over the full period of the performance test.
    (3) For a boiler or process heater with a design heat input capacity
less than 44 megawatts and a vent stream that is not introduced with or
as the primary fuel, record the fire box temperature averaged over the
full period of the performance test.
    (4) For an incinerator, record the percent reduction of organic
regulated material, if applicable, or TOC achieved by the incinerator
determined as specified in Sec. 63.997(e)(2)(iv), as applicable, or the
concentration of organic regulated material (parts per million by
volume, by compound) determined as specified in Sec. 63.997(e)(2)(iii)
at the outlet of the incinerator.
    (5) For a boiler or process heater, record a description of the
location at which the vent stream is introduced into the boiler or
process heater.
    (6) For a boiler or process heater with a design heat input capacity
of less than 44 megawatts and where the process vent stream is
introduced with combustion air or used as a secondary fuel and is not
mixed with the primary fuel, record the percent reduction of organic
regulated material or TOC, or the concentration of regulated material or
TOC (parts per million by volume, by compound) determined as specified
in Sec. 63.997(e)(2)(iii) at the outlet of the combustion device.
    (C) Other nonflare control devices. Where an owner or operator seeks
to use an absorber, condenser, or carbon adsorber as a control device,
the information specified in paragraphs (a)(2)(ii)(C)(1) through (5) of
this section shall be recorded, as applicable.
    (1) Where an absorber is used as the control device, the exit
specific gravity and average exit temperature of the absorbing liquid
averaged over the same time period as the performance test (both
measured while the vent stream is normally routed and constituted); or
    (2) Where a condenser is used as the control device, the average
exit (product side) temperature averaged over the same time period as
the performance test while the vent stream is routed and constituted
normally; or
    (3) Where a carbon adsorber is used as the control device, the total
regeneration stream mass flow during each carbon-bed regeneration cycle
during the period of the performance test, and temperature of the
carbon-bed after each regeneration during the period of the performance
test (and within 15 minutes of completion of any cooling cycle or
cycles; or
    (4) As an alternative to paragraph (a)(2)(ii)(C)(1), (2), or (3) of
this section, the concentration level or reading indicated by an
organics monitoring device at the outlet of the absorber, condenser, or
carbon adsorber averaged over the same time period as the performance
test while the vent stream is normally routed and constituted.
    (5) For an absorber, condenser, or carbon adsorber used as a control
device, the percent reduction of regulated material achieved by the
control device or concentration of regulated material (parts per million
by volume, by compound) at the outlet of the control device.
    (D) Halogen reduction devices. When using a scrubber following a
combustion device to control a halogenated vent stream, record the
information specified in paragraphs (a)(2)(ii)(D)(1) through (3) of this
section.
    (1) The percent reduction or scrubber outlet mass emission rate of
total hydrogen halides and halogens as specified in Sec. 63.997(e)(3).
    (2) The pH of the scrubber effluent averaged over the time period of
the performance test; and
    (3) The scrubber liquid-to-gas ratio averaged over the time period
of the performance test.
    (3) Recovery device monitoring records during TRE index value
determination. For process vents that require control of emissions under
a referencing subpart, owners or operators using a recovery device to
maintain a TRE above

[[Page 454]]

a level specified in the referencing subpart shall maintain the
continuous records specified in paragraph (a)(3)(i) through (v) of this
section, as applicable, and submit reports as specified in
Sec. 63.999(a)(2)(iii)(C).
    (i) Where an absorber is the final recovery device in the recovery
system and the saturated scrubbing fluid and specific gravity of the
scrubbing fluid is greater than or equal to 0.02 specific gravity units,
the exit specific gravity (or alternative parameter that is a measure of
the degree of absorbing liquid saturation if approved by the
Administrator) and average exit temperature of the absorbing liquid
averaged over the same time period as the TRE index value determination
(both measured while the vent stream is normally routed and
constituted); or
    (ii) Where a condenser is the final recovery device in the recovery
system, the average exit (product side) temperature averaged over the
same time period as the TRE index value determination while the vent
stream is routed and constituted normally; or
    (iii) Where a carbon adsorber is the final recovery device in the
recovery system, the total regeneration stream mass flow during each
carbon-bed regeneration cycle during the period of the TRE index value
determination, and temperature of the carbon-bed after each regeneration
during the period of the TRE index value determination (and within 15
minutes of completion of any cooling cycle or cycles); or
    (iv) As an alternative to paragraph (a)(3)(i), (ii), or (iii) of
this section, the concentration level or reading indicated by an
organics monitoring device at the outlet of the absorber, condenser, or
carbon adsorber averaged over the same time period as the TRE index
value determination while the vent stream is normally routed and
constituted.
    (v) All measurements and calculations performed to determine the TRE
index value of the vent stream as specified in a referencing subpart.
    (4) Halogen concentration records. Record the halogen concentration
in the vent stream determined according to the procedures specified in a
referencing subpart. Submit this record in the Notification of
Compliance Status, as specified in Sec. 63.999(b)(4). If the owner or
operator designates the vent stream as halogenated, then this shall be
recorded and reported in the Notification of Compliance Status report.
    (b) Continuous records and monitoring system data handling--(1)
Continuous records. Where this subpart requires a continuous record, the
owner or operator shall maintain a record as specified in paragraphs
(b)(1)(i) through (iv) of this section, as applicable:
    (i) A record of values measured at least once every 15 minutes or
each measured value for systems which measure more frequently than once
every 15 minutes; or
    (ii) A record of block average values for 15-minute or shorter
periods calculated from all measured data values during each period or
from at least one measured data value per minute if measured more
frequently than once per minute.
    (iii) Where data is collected from an automated continuous parameter
monitoring system, the owner or operator may calculate and retain block
hourly average values from each 15-minute block average period or from
at least one measured value per minute if measured more frequently than
once per minute, and discard all but the most recent three valid hours
of continuous (15-minute or shorter) records, if the hourly averages do
not exclude periods of CPMS breakdown or malfunction. An automated CPMS
records the measured data and calculates the hourly averages through the
use of a computerized data acquisition system.
    (iv) A record as required by an alternative approved under a
referencing subpart.
    (2) Excluded data. Monitoring data recorded during periods
identified in paragraphs (b)(2)(i) through (iii) of this section shall
not be included in any average computed to determine compliance with an
emission limit in a referencing subpart.
    (i) Monitoring system breakdowns, repairs, preventive maintenance,
calibration checks, and zero (low-level) and high-level adjustments;
    (ii) Periods of non-operation of the process unit (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies; and

[[Page 455]]

    (iii) Startups, shutdowns, and malfunctions, if the owner or
operator operates the source during such periods in accordance with
Sec. 63.1111(a) and maintains the records specified in paragraph (d)(3)
of this section.
    (3) Records of daily averages. In addition to the records specified
in paragraph (a), owners or operators shall keep records as specified in
paragraphs (b)(3)(i) and (ii) of this section and submit reports as
specified in Sec. 63.999(c), unless an alternative recordkeeping system
has been requested and approved under a referencing subpart.
    (i) Except as specified in paragraph (b)(3)(ii) of this section,
daily average values of each continuously monitored parameter shall be
calculated from data meeting the specifications of paragraph (b)(2) of
this section for each operating day and retained for 5 years.
    (A) The daily average shall be calculated as the average of all
values for a monitored parameter recorded during the operating day. The
average shall cover a 24-hour period if operation is continuous, or the
period of operation per operating day if operation is not continuous
(e.g., for transfer racks the average shall cover periods of loading).
If values are measured more frequently than once per minute, a single
value for each minute may be used to calculate the daily average instead
of all measured values.
    (B) The operating day shall be the period defined in the operating
permit or in the Notification of Compliance Status. It may be from
midnight to midnight or another daily period.
    (ii) If all recorded values for a monitored parameter during an
operating day are within the range established in the Notification of
Compliance Status or in the operating permit, the owner or operator may
record that all values were within the range and retain this record for
5 years rather than calculating and recording a daily average for that
operating day. In such cases, the owner or operator may not discard the
recorded values as allowed in paragraph (b)(1)(iii) of this section.
    (4) [Reserved]
    (5) Alternative recordkeeping. For any parameter with respect to any
item of equipment associated with a process vent or transfer rack
(except low throughput transfer loading racks), the owner or operator
may implement the recordkeeping requirements in paragraphs (b)(5)(i) or
(ii) of this section as alternatives to the recordkeeping provisions
listed in paragraphs (b)(1) through (3) of this section. The owner or
operator shall retain each record required by paragraphs (b)(5)(i) or
(ii) of this section as provided in a referencing subpart.
    (i) The owner or operator may retain only the daily average value,
and is not required to retain more frequently monitored operating
parameter values, for a monitored parameter with respect to an item of
equipment, if the requirements of paragraphs (b)(5)(i)(A) through (F) of
this section are met. The owner or operator shall notify the
Administrator in the Notification of Compliance Status as specified in
Sec. 63.999(b)(5) or, if the Notification of Compliance Status has
already been submitted, in the Periodic Report immediately preceding
implementation of the requirements of this paragraph, as specified in
Sec. 63.999(c)(6)(iv).
    (A) The monitoring system is capable of detecting unrealistic or
impossible data during periods of operation other than start-ups,
shutdowns or malfunctions (e.g., a temperature reading of -200  deg.C on
a boiler), and will alert the operator by alarm or other means. The
owner or operator shall record the occurrence. All instances of the
alarm or other alert in an operating day constitute a single occurrence.
    (B) The monitoring system generates a running average of the
monitoring values, updated at least hourly throughout each operating
day, that have been obtained during that operating day, and the
capability to observe this average is readily available to the
Administrator on-site during the operating day. The owner or operator
shall record the occurrence of any period meeting the criteria in
paragraphs (b)(5)(i)(B)(1) through (3) of this section. All instances in
an operating day constitute a single occurrence.
    (1) The running average is above the maximum or below the minimum
established limits;
    (2) The running average is based on at least six one-hour average
values; and

[[Page 456]]

    (3) The running average reflects a period of operation other than a
start-up, shutdown, or malfunction.
    (C) The monitoring system is capable of detecting unchanging data
during periods of operation other than start-ups, shutdowns or
malfunctions, except in circumstances where the presence of unchanging
data is the expected operating condition based on past experience (e.g.,
pH in some scrubbers), and will alert the operator by alarm or other
means. The owner or operator shall record the occurrence. All instances
of the alarm or other alert in an operating day constitute a single
occurrence.
    (D) The monitoring system will alert the owner or operator by an
alarm, if the running average parameter value calculated under paragraph
(b)(5)(i)(B) of this section reaches a set point that is appropriately
related to the established limit for the parameter that is being
monitored.
    (E) The owner or operator shall verify the proper functioning of the
monitoring system, including its ability to comply with the requirements
of paragraph (b)(5)(i) of this section, at the times specified in
paragraphs (b)(5)(i)(E)(1) through (3) of this section. The owner or
operator shall document that the required verifications occurred.
    (1) Upon initial installation.
    (2) Annually after initial installation.
    (3) After any change to the programming or equipment constituting
the monitoring system that might reasonably be expected to alter the
monitoring system's ability to comply with the requirements of this
section.
    (F) The owner or operator shall retain the records identified in
paragraphs (b)(5)(i)(F)(1) through (4) of this section.
    (1) Identification of each parameter, for each item of equipment,
for which the owner or operator has elected to comply with the
requirements of paragraph (b)(5)(i) of this section.
    (2) A description of the applicable monitoring system(s), and of how
compliance will be achieved with each requirement of paragraph
(b)(5)(i)(A) through (E) of this section. The description shall identify
the location and format (e.g., on-line storage; log entries) for each
required record. If the description changes, the owner or operator shall
retain both the current and the most recent superseded description. The
description, and the most recent superseded description, shall be
retained as provided in the subpart that references this subpart, except
as provided in paragraph (b)(5)(i)(F)(1) of this section.
    (3) A description, and the date, of any change to the monitoring
system that would reasonably be expected to affect its ability to comply
with the requirements of paragraph (b)(5)(i) of this section.
    (4) Owners and operators subject to paragraph (b)(5)(i)(F)(2) of
this section shall retain the current description of the monitoring
system as long as the description is current, but not less than 5 years
from the date of its creation. The current description shall be retained
on-site at all times or be accessible from a central location by
computer or other means that provides access within 2 hours after a
request. The owner or operator shall retain the most recent superseded
description at least until 5 years from the date of its creation. The
superseded description shall be retained on-site (or accessible from a
central location by computer that provides access within 2 hours after a
request) at least 6 months after being superseded. Thereafter, the
superseded description may be stored off-site.
    (ii) If an owner or operator has elected to implement the
requirements of paragraph (b)(5)(i) of this section, and a period of 6
consecutive months has passed without an excursion as defined in
paragraph (b)(6)(i) of this section, the owner or operator is no longer
required to record the daily average value for that parameter for that
unit of equipment, for any operating day when the daily average value is
less than the maximum, or greater than the minimum established limit.
With approval by the Administrator, monitoring data generated prior to
the compliance date of this subpart shall be credited toward the period
of 6 consecutive months, if the parameter limit and the monitoring were
required and/or approved by the Administrator.

[[Page 457]]

    (A) If the owner or operator elects not to retain the daily average
values, the owner or operator shall notify the Administrator in the next
Periodic Report, as specified in Sec. 63.999(c)(6)(i). The notification
shall identify the parameter and unit of equipment.
    (B) If there is an excursion as defined in paragraph (b)(6)(i) of
this section on any operating day after the owner or operator has ceased
recording daily averages as provided in paragraph (b)(5)(ii) of this
section, the owner or operator shall immediately resume retaining the
daily average value for each operating day, and shall notify the
Administrator in the next Periodic Report, as specified in
Sec. 63.999(c). The owner or operator shall continue to retain each
daily average value until another period of 6 consecutive months has
passed without an excursion as defined in paragraph (b)(6)(i) of this
section.
    (C) The owner or operator shall retain the records specified in
paragraphs (b)(5)(i)(A) through (F) of this section for the duration
specified in a referencing subpart. For any week, if compliance with
paragraphs (b)(5)(i)(A) through (D) of this section does not result in
retention of a record of at least one occurrence or measured parameter
value, the owner or operator shall record and retain at least one
parameter value during a period of operation other than a start-up,
shutdown, or malfunction.
    (6)(i) For the purposes of this section, an excursion means that the
daily average value of monitoring data for a parameter is greater than
the maximum, or less than the minimum established value, except as
provided in paragraphs (b)(6)(i)(A) and (B) of this section.
    (A) The daily average value during any startup, shutdown, or
malfunction shall not be considered an excursion if the owner or
operator operates the source during such periods in accordance with
Sec. 63.1111(a) and maintains the records specified in paragraph (d)(3)
of this section.
    (B) An excused excursion, as described in paragraph (b)(6)(ii), does
not count toward the number of excursions for the purposes of this
subpart.
    (ii) One excused excursion for each control device or recovery
device for each semiannual period is allowed. If a source has developed
a startup, shutdown and malfunction plan, and a monitored parameter is
outside its established range or monitoring data are not collected
during periods of start-up, shutdown, or malfunction (and the source is
operated during such periods in accordance with Sec. 63.1111(a)) or
during periods of nonoperation of the process unit or portion thereof
(resulting in cessation of the emissions to which monitoring applies),
then the excursion is not a violation and, in cases where continuous
monitoring is required, the excursion does not count as the excused
excursion for determining compliance.
    (c) Nonflare control and recovery device regulated source monitoring
records--(1) Monitoring system records. For process vents and high
throughput transfer racks, the owner or operator subject to this subpart
shall keep the records specified in this paragraph, as well as records
specified elsewhere in this subpart.
    (i) For a CPMS used to comply with this part, a record of the
procedure used for calibrating the CPMS.
    (ii) For a CPMS used to comply with this subpart, records of the
information specified in paragraphs (c)(ii)(A) through (H) of this
section, as indicated in a referencing subpart.
    (A) The date and time of completion of calibration and preventive
maintenance of the CPMS.
    (B) The ``as found'' and ``as left'' CPMS readings, whenever an
adjustment is made that affects the CPMS reading and a ``no adjustment''
statement otherwise.
    (C) The start time and duration or start and stop times of any
periods when the CPMS is inoperative.
    (D) Records of the occurrence and duration of each start-up,
shutdown, and malfunction of CPMS used to comply with this subpart
during which excess emissions (as defined in a referencing subpart)
occur.
    (E) For each start-up, shutdown, and malfunction during which excess
emissions as defined in a referencing subpart occur, records whether the
procedures specified in the source's start-up,

[[Page 458]]

shutdown, and malfunction plan were followed, and documentation of
actions taken that are not consistent with the plan. These records may
take the form of a ``checklist,'' or other form of recordkeeping that
confirms conformance with the start-up, shutdown, and malfunction plan
for the event.
    (F) Records documenting each start-up, shutdown, and malfunction
event.
    (G) Records of CPMS start-up, shutdown, and malfunction event that
specify that there were no excess emissions during the event, as
applicable.
    (H) Records of the total duration of operating time.
    (2) Combustion control and halogen reduction device monitoring
records. (i) Each owner or operator using a combustion control or
halogen reduction device to comply with this subpart shall keep the
following records up-to-date and readily accessible, as applicable.
Continuous records of the equipment operating parameters specified to be
monitored under Secs. 63.988(c) (incinerator, boiler, and process heater
monitoring), 63.994(c) (halogen reduction device monitoring), and
63.995(c) (other combustion systems used as control device monitoring)
or approved by the Administrator in accordance with a referencing
subpart.
    (ii) Each owner or operator shall keep records of the daily average
value of each continuously monitored parameter for each operating day
determined according to the procedures specified in paragraph (b)(3)(i)
of this section. For catalytic incinerators, record the daily average of
the temperature upstream of the catalyst bed and the daily average of
the temperature differential across the bed. For halogen scrubbers
record the daily average pH and the liquid-to-gas ratio.
    (iii) Each owner or operator subject to the provisions of this
subpart shall keep up-to-date, readily accessible records of periods of
operation during which the parameter boundaries are exceeded. The
parameter boundaries are established pursuant to Sec. 63.996(c)(6).
    (3) Monitoring records for recovery devices, absorbers, condensers,
carbon adsorbers or other noncombustion systems used as control devices.
(i) Each owner or operator using a recovery device to achieve and
maintain a TRE index value greater than the control applicability level
specified in the referencing subpart but less than 4.0 or using an
absorber, condenser, carbon adsorber or other non-combustion system as a
control device shall keep readily accessible, continuous records of the
equipment operating parameters specified to be monitored under
Secs. 63.990(c) (absorber, condenser, and carbon adsorber monitoring),
63.993(c) (recovery device monitoring), or 63.995(c) (other
noncombustion systems used as a control device monitoring) or as
approved by the Administrator in accordance with a referencing subpart.
For transfer racks, continuous records are required while the transfer
vent stream is being vented.
    (ii) Each owner or operator shall keep records of the daily average
value of each continuously monitored parameter for each operating day
determined according to the procedures specified in paragraph (b)(3)(i)
of this section. If carbon adsorber regeneration stream flow and carbon
bed regeneration temperature are monitored, the records specified in
paragraphs (c)(3)(ii)(A) and (B) of this section shall be kept instead
of the daily averages.
    (A) Records of total regeneration stream mass or volumetric flow for
each carbon-bed regeneration cycle.
    (B) Records of the temperature of the carbon bed after each
regeneration and within 15 minutes of completing any cooling cycle.
    (iii) Each owner or operator subject to the provisions of this
subpart shall keep up-to-date, readily accessible records of periods of
operation during which the parameter boundaries are exceeded. The
parameter boundaries are established pursuant to Sec. 63.996(c)(6).
    (d) Other records--(1) Closed vent system records. For closed vent
systems the owner or operator shall record the information specified in
paragraphs (d)(1)(i) through (iv) of this section, as applicable.
    (i) For closed vent systems collecting regulated material from a
regulated source, the owner or operator shall record the identification
of all parts of the closed vent system, that are designated as unsafe or
difficult to inspect, an explanation of why the equipment is unsafe or
difficult to inspect,

[[Page 459]]

and the plan for inspecting the equipment required by
Sec. 63.983(b)(2)(ii) or (iii) of this section.
    (ii) For each closed vent system that contains bypass lines that
could divert a vent stream away from the control device and to the
atmosphere, the owner or operator shall keep a record of the information
specified in either paragraph (d)(1)(ii)(A) or (B) of this section, as
applicable.
    (A) Hourly records of whether the flow indicator specified under
Sec. 63.983(a)(3)(i) was operating and whether a diversion was detected
at any time during the hour, as well as records of the times of all
periods when the vent stream is diverted from the control device or the
flow indicator is not operating.
    (B) Where a seal mechanism is used to comply with
Sec. 63.983(a)(3)(ii), hourly records of flow are not required. In such
cases, the owner or operator shall record that the monthly visual
inspection of the seals or closure mechanisms has been done, and shall
record the occurrence of all periods when the seal mechanism is broken,
the bypass line valve position has changed, or the key for a lock-and-
key type lock has been checked out, and records of any car-seal that has
been broken.
    (iii) For a closed vent system collecting regulated material from a
regulated source, when a leak is detected as specified in
Sec. 63.983(d)(2), the information specified in paragraphs
(d)(1)(iii)(A) through (F) of this section shall be recorded and kept
for 5 years.
    (A) The instrument and the equipment identification number and the
operator name, initials, or identification number.
    (B) The date the leak was detected and the date of the first attempt
to repair the leak.
    (C) The date of successful repair of the leak.
    (D) The maximum instrument reading measured by the procedures in
Sec. 63.983(c) after the leak is successfully repaired or determined to
be nonrepairable.
    (E) ``Repair delayed'' and the reason for the delay if a leak is not
repaired within 15 days after discovery of the leak. The owner or
operator may develop a written procedure that identifies the conditions
that justify a delay of repair. In such cases, reasons for delay of
repair may be documented by citing the relevant sections of the written
procedure.
    (F) Copies of the Periodic Reports as specified in Sec. 63.999(c),
if records are not maintained on a computerized database capable of
generating summary reports from the records.
    (iv) For each instrumental or visual inspection conducted in
accordance with Sec. 63.983(b)(1) for closed vent systems collecting
regulated material from a regulated source during which no leaks are
detected, the owner or operator shall record that the inspection was
performed, the date of the inspection, and a statement that no leaks
were detected.
    (2) Storage vessel and transfer rack records. An owner or operator
shall keep readily accessible records of the information specified in
paragraphs (d)(2)(i) and (ii) of this section, as applicable.
    (i) A record of the measured values of the parameters monitored in
accordance with Sec. 63.985(c) or Sec. 63.987(c).
    (ii) A record of the planned routine maintenance performed on the
control system during which the control system does not meet the
applicable specifications of Sec. 63.983(a), Sec. 63.985(a), or
Sec. 63.987(a), as applicable, due to the planned routine maintenance.
Such a record shall include the information specified in paragraphs
(d)(2)(ii)(A) through (C) of this section. This information shall be
submitted in the Periodic Reports as specified in Sec. 63.999(c)(4).
    (A) The first time of day and date the requirements of
Sec. 63.983(a), Sec. 63.985(a), or Sec. 63.987(a), as applicable, were
not met at the beginning of the planned routine maintenance, and
    (B) The first time of day and date the requirements of
Sec. 63.983(a), Sec. 63.985(a), or Sec. 63.987(a), as applicable, were
met at the conclusion of the planned routine maintenance.
    (C) A description of the type of maintenance performed.
    (3) Regulated source and control equipment start-up, shutdown and
malfunction records. (i) Records of the occurrence and duration of each
start-up, shutdown, and malfunction of operation of

[[Page 460]]

process equipment or of air pollution control equipment used to comply
with this part during which excess emissions (as defined in a
referencing subpart) occur.
    (ii) For each start-up, shutdown, and malfunction during which
excess emissions occur, records that the procedures specified in the
source's start-up, shutdown, and malfunction plan were followed, and
documentation of actions taken that are not consistent with the plan.
For example, if a start-up, shutdown, and malfunction plan includes
procedures for routing control device emissions to a backup control
device (e.g., the incinerator for a halogenated stream could be routed
to a flare during periods when the primary control device is out of
service), records must be kept of whether the plan was followed. These
records may take the form of a ``checklist,'' or other form of
recordkeeping that confirms conformance with the start-up, shutdown, and
malfunction plan for the event.
    (4) Equipment leak records. The owner or operator shall maintain
records of the information specified in paragraphs (d)(4)(i) and (ii) of
this section for closed vent systems and control devices if specified by
the equipment leak provisions in a referencing subpart. The records
specified in paragraph (d)(4)(i) of this section shall be retained for
the life of the equipment. The records specified in paragraph (d)(4)(ii)
of this section shall be retained for 5 years.
    (i) The design specifications and performance demonstrations
specified in paragraphs (d)(4)(i)(A) through (C) of this section.
    (A) Detailed schematics, design specifications of the control
device, and piping and instrumentation diagrams.
    (B) The dates and descriptions of any changes in the design
specifications.
    (C) A description of the parameter or parameters monitored, as
required in a referencing subpart, to ensure that control devices are
operated and maintained in conformance with their design and an
explanation of why that parameter (or parameters) was selected for the
monitoring.
    (ii) Records of operation of closed vent systems and control
devices, as specified in paragraphs (d)(4)(ii)(A) through (C) of this
section.
    (A) Dates and durations when the closed vent systems and control
devices required are not operated as designed as indicated by the
monitored parameters.
    (B) Dates and durations during which the monitoring system or
monitoring device is inoperative.
    (C) Dates and durations of start-ups and shutdowns of control
devices required in this subpart.
    (5) Records of monitored parameters outside of range. The owner or
operator shall record the occurrences and the cause of periods when the
monitored parameters are outside of the parameter ranges documented in
the Notification of Compliance Status report. This information shall
also be reported in the Periodic Report.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999;
71 FR 20458, Apr. 20, 2006]



Sec. 63.999  Notifications and other reports.

    (a) Performance test and flare compliance assessment notifications
and reports--(1) General requirements. General requirements for
performance test and flare compliance assessment notifications and
reports are specified in paragraphs (a)(1)(i) through (iii) of this
section.
    (i) The owner or operator shall notify the Administrator of the
intention to conduct a performance test or flare compliance assessment
at least 30 days before such a compliance demonstration is scheduled to
allow the Administrator the opportunity to have an observer present. If
after 30 days notice for such an initially scheduled compliance
demonstration, there is a delay (due to operational problems, etc.) in
conducting the scheduled compliance demonstration, the owner or operator
of an affected facility shall notify the Administrator as soon as
possible of any delay in the original demonstration date. The owner or
operator shall provide at least 7 days prior notice of the rescheduled
date of the compliance demonstration, or arrange a rescheduled date with
the Administrator by mutual agreement.

[[Page 461]]

    (ii) Unless specified differently in this subpart or a referencing
subpart, performance test and flare compliance assessment reports, not
submitted as part of a Notification of Compliance Status report, shall
be submitted to the Administrator within 60 days of completing the test
or determination.
    (iii) Any application for a waiver of an initial performance test or
flare compliance assessment, as allowed by Sec. 63.997(b)(2), shall be
submitted no later than 90 days before the performance test or
compliance assessment is required. The application for a waiver shall
include information justifying the owner or operator's request for a
waiver, such as the technical or economic infeasibility, or the
impracticality, of the source performing the test.
    (iv) Any application to substitute a prior performance test or
compliance assessment for an initial performance test or compliance
assessment, as allowed by Sec. 63.997(b)(1), shall be submitted no later
than 90 days before the performance test or compliance test is required.
The application for substitution shall include information demonstrating
that the prior performance test or compliance assessment was conducted
using the same methods specified in Sec. 63.997(e) or Sec. 63.987(b)(3),
as applicable. The application shall also include information
demonstrating that no process changes have been made since the test, or
that the results of the performance test or compliance assessment
reliably demonstrate compliance despite process changes.
    (2) Performance test and flare compliance assessment report
submittal and content requirements. Performance test and flare
compliance assessment reports shall be submitted as specified in
paragraphs (a)(2)(i) through (iii) of this section.
    (i) For performance tests or flare compliance assessments, the
Notification of Compliance Status or performance test and flare
compliance assessment report shall include one complete test report as
specified in paragraph (a)(2)(ii) of this section for each test method
used for a particular kind of emission point and other applicable
information specified in (a)(2)(iii) of this section. For additional
tests performed for the same kind of emission point using the same
method, the results and any other information required in applicable
sections of this subpart shall be submitted, but a complete test report
is not required.
    (ii) A complete test report shall include a brief process
description, sampling site description, description of sampling and
analysis procedures and any modifications to standard procedures,
quality assurance procedures, record of operating conditions during the
test, record of preparation of standards, record of calibrations, raw
data sheets for field sampling, raw data sheets for field and laboratory
analyses, documentation of calculations, and any other information
required by the test method.
    (iii) The performance test or flare compliance assessment report
shall also include the information specified in (a)(2)(iii)(A) through
(C) of this section, as applicable.
    (A) For flare compliance assessments, the owner or operator shall
submit the records specified in Sec. 63.998(a)(1)(i).
    (B) For nonflare control device and halogen reduction device
performance tests as required under Sec. 63.988(b), Sec. 63.990(b),
Sec. 63.994(b), or Sec. 63.995(b), also submit the records specified in
Sec. 63.998(a)(2)(ii), as applicable.
    (C) For recovery devices also submit the records specified in
Sec. 63.998(a)(3), as applicable.
    (b) Notification of Compliance Status--(1) Routing storage vessel or
transfer rack emissions to a process or fuel gas system. An owner or
operator who elects to comply with Sec. 63.982 by routing emissions from
a storage vessel or transfer rack to a process or to a fuel gas system,
as specified in Sec. 63.984, shall submit as part of the Notification of
Compliance Status the information specified in paragraphs (b)(1)(i) and
(ii), or (iii) of this section, as applicable.
    (i) If storage vessels emissions are routed to a process, the owner
or operator shall submit the information specified in Sec. 63.984(b)(2)
and (3).
    (ii) As specified in Sec. 63.984(c), if storage vessels emissions
are routed to a fuel gas system, the owner or operator shall submit a
statement that the emission stream is connected to the

[[Page 462]]

fuel gas system and whether the conveyance system is subject to the
requirements of Sec. 63.983.
    (iii) As specified in Sec. 63.984(c), report that the transfer rack
emission stream is being routed to a fuel gas system or process, when
complying with a referencing subpart.
    (2) Routing storage vessel or low throughput transfer rack emissions
to a nonflare control device. An owner or operator who elects to comply
with Sec. 63.982 by routing emissions from a storage vessel or low
throughput transfer rack to a nonflare control device, as specified in
Sec. 63.985, shall submit, with the Notification of Compliance Status
required by a referencing subpart, the applicable information specified
in paragraphs (b)(2)(i) through (vi) of this section. Owners and
operators who elect to comply with Sec. 63.985(b)(1)(i) by submitting a
design evaluation shall submit the information specified in paragraphs
(b)(2)(i) through (iv) of this section. Owners and operators who elect
to comply with Sec. 63.985(b)(1)(ii) by submitting performance test
results from a control device for a storage vessel or low throughput
transfer rack shall submit the information specified in paragraphs
(b)(2)(i), (ii), (iv), and (v) of this section. Owners and operators who
elect to comply with Sec. 63.985(b)(1)(ii) by submitting performance
test results from a shared control device shall submit the information
specified in paragraph (b)(2)(vi) of this section.
    (i) A description of the parameter or parameters to be monitored to
ensure that the control device is being properly operated and
maintained, an explanation of the criteria used for selection of that
parameter (or parameters), and the frequency with which monitoring will
be performed (e.g., when the liquid level in the storage vessel is being
raised). If continuous records are specified, indicate whether the
provisions of Sec. 63.999(c)(6) apply.
    (ii) The operating range for each monitoring parameter identified in
the monitoring plan required by Sec. 63.985(c)(1). The specified
operating range shall represent the conditions for which the control
device is being properly operated and maintained.
    (iii) The documentation specified in Sec. 63.985(b)(1)(i), if the
owner or operator elects to prepare a design evaluation.
    (iv) The provisions of paragraph (c)(6) of this section do not apply
to any low throughput transfer rack for which the owner or operator has
elected to comply with Sec. 63.985 or to any storage vessel for which
the owner or operator is not required, by the applicable monitoring plan
established under Sec. 63.985(c)(1), to keep continuous records. If
continuous records are required, the owner or operator shall specify in
the monitoring plan whether the provisions of paragraph (c)(6) of this
section apply.
    (v) A summary of the results of the performance test described in
Sec. 63.985(b)(1)(ii). If such a performance test is conducted, submit
the results of the performance test, including the information specified
in Sec. 63.999(a)(2)(ii) and (iii).
    (vi) Identification of the storage vessel or transfer rack and
control device for which the performance test will be submitted, and
identification of the emission point(s), if any, that share the control
device with the storage vessel or transfer rack and for which the
performance test will be conducted.
    (3) Operating range for monitored parameters. The owner or operator
shall submit as part of the Notification of Compliance Status, the
operating range for each monitoring parameter identified for each
control, recovery, or halogen reduction device as determined pursuant to
Sec. 63.996(c)(6). The specified operating range shall represent the
conditions for which the control, recovery, or halogen reduction device
is being properly operated and maintained. This report shall include the
information in paragraphs (b)(3)(i) through (iii) of this section, as
applicable, unless the range and the operating day have been established
in the operating permit.
    (i) The specific range of the monitored parameter(s) for each
emission point;
    (ii) The rationale for the specific range for each parameter for
each emission point, including any data and calculations used to develop
the range and a description of why the range indicates proper operation
of the control,

[[Page 463]]

recovery, or halogen reduction device, as specified in paragraphs
(b)(3)(ii)(A), (B), or (C) of this section, as applicable.
    (A) If a performance test or TRE index value determination is
required by a referencing subpart for a control, recovery or halogen
reduction device, the range shall be based on the parameter values
measured during the TRE index value determination or performance test
and may be supplemented by engineering assessments and/or manufacturer's
recommendations. TRE index value determinations and performance testing
are not required to be conducted over the entire range of permitted
parameter values.
    (B) If a performance test or TRE index value determination is not
required by a referencing subpart for a control, recovery, or halogen
reduction device, the range may be based solely on engineering
assessments and/or manufacturer's recommendations.
    (C) The range may be based on ranges or limits previously
established under a referencing subpart.
    (iii) A definition of the source's operating day for purposes of
determining daily average values of monitored parameters. The definition
shall specify the times at which an operating day begins and ends.
    (4) Halogen reduction device. The owner or operator shall submit as
part of the Notification of Compliance Status the information recorded
pursuant to Sec. 63.998(a)(4).
    (5) Alternative recordkeeping. The owner or operator shall notify
the Administrator in the Notification of Compliance Status if the
alternative recordkeeping requirements of Sec. 63.998(b)(5) are being
implemented. If the Notification of Compliance Status has already been
submitted, the notification must be in the periodic report submitted
immediately preceding implementation of the alternative, as specified in
paragraph (c)(6)(iv) of this section.
    (c) Periodic reports. (1) Periodic reports shall include the
reporting period dates, the total source operating time for the
reporting period, and, as applicable, all information specified in this
section and in the referencing subpart, including reports of periods
when monitored parameters are outside their established ranges.
    (2) For closed vent systems subject to the requirements of
Sec. 63.983, the owner or operator shall submit as part of the periodic
report the information specified in paragraphs (c)(2)(i) through (iii)
of this section, as applicable.
    (i) The information recorded in Sec. 63.998(d)(1)(iii)(B) through
(E);
    (ii) Reports of the times of all periods recorded under
Sec. 63.998(d)(1)(ii)(A) when the vent stream is diverted from the
control device through a bypass line; and
    (iii) Reports of all times recorded under Sec. 63.998(d)(1)(ii)(B)
when maintenance is performed in car-sealed valves, when the seal is
broken, when the bypass line valve position is changed, or the key for a
lock-and-key type configuration has been checked out.
    (3) For flares subject to this subpart, report all periods when all
pilot flames were absent or the flare flame was absent as recorded in
Sec. 63.998(a)(1)(i)(C).
    (4) For storage vessels, the owner or operator shall include in each
periodic report required the information specified in paragraphs
(c)(4)(i) through (iii) of this section.
    (i) For the 6-month period covered by the periodic report, the
information recorded in Sec. 63.998(d)(2)(ii)(A) through (C).
    (ii) For the time period covered by the periodic report and the
previous periodic report, the total number of hours that the control
system did not meet the requirements of Sec. 63.983(a), Sec. 63.985(a),
or Sec. 63.987(a) due to planned routine maintenance.
    (iii) A description of the planned routine maintenance during the
next 6-month periodic reporting period that is anticipated to be
performed for the control system when it is not expected to meet the
required control efficiency. This description shall include the type of
maintenance necessary, planned frequency of maintenance, and expected
lengths of maintenance periods.
    (5) If a control device other than a flare is used to control
emissions from storage vessels or low throughput transfer racks, the
periodic report shall describe each occurrence when the monitored
parameters were outside of

[[Page 464]]

the parameter ranges documented in the Notification of Compliance Status
in accordance with paragraph (b)(3) of this section. The description
shall include the information specified in paragraphs (c)(5)(i) and (ii)
of this section.
    (i) Identification of the control device for which the measured
parameters were outside of the established ranges, and
    (ii) The cause for the measured parameters to be outside of the
established ranges.
    (6) For process vents and transfer racks (except low throughput
transfer racks), periodic reports shall include the information
specified in paragraphs (c)(6)(i) through (iv) of this section.
    (i) Periodic reports shall include the daily average values of
monitored parameters, calculated as specified in Sec. 63.998(b)(3)(i)
for any days when the daily average value is outside the bounds as
defined in Sec. 63.998(c)(2)(iii) or (c)(3)(iii), or the data
availability requirements defined in paragraphs (c)(6)(i)(A) through (D)
of this section are not met, whether these excursions are excused or
unexcused excursions. For excursions caused by lack of monitoring data,
the duration of periods when monitoring data were not collected shall be
specified. An excursion means any of the cases listed in paragraphs
(c)(6)(i)(A) through (C) of this section. If the owner or operator
elects not to retain the daily average values pursuant to
Sec. 63.998(b)(5)(ii)(A), the owner or operator shall report this in the
Periodic Report.
    (A) When the daily average value of one or more monitored parameters
is outside the permitted range.
    (B) When the period of control or recovery device operation is 4
hours or greater in an operating day and monitoring data are
insufficient to constitute a valid hour of data for at least 75 percent
of the operating hours.
    (C) When the period of control or recovery device operation is less
than 4 hours in an operating day and more than one of the hours during
the period of operation does not constitute a valid hour of data due to
insufficient monitoring data.
    (D) Monitoring data are insufficient to constitute a valid hour of
data as used in paragraphs (c)(6)(i)(B) and (C) of this section, if
measured values are unavailable for any of the 15-minute periods within
the hour.
    (ii) Report all carbon-bed regeneration cycles during which the
parameters recorded under Sec. 63.998(a)(2)(ii)(C) were outside the
ranges established in the Notification of Compliance Status or in the
operating permit.
    (iii) The provisions of paragraph (c)(6)(i) and (ii) of this section
do not apply to any low throughput transfer rack for which the owner or
operator has elected to comply with Sec. 63.985 or to any storage vessel
for which the owner or operator is not required, by the applicable
monitoring plan established under Sec. 63.985(c)(1), to keep continuous
records. If continuous records are required, the owner or operator shall
specify in the monitoring plan whether the provisions of paragraphs
(c)(6)(i) and (c)(6)(ii) of this section apply.
    (iv) If the owner or operator has chosen to use the alternative
recordkeeping requirements of Sec. 63.998(b)(5), and has not notified
the Administrator in the Notification of Compliance Status that the
alternative recordkeeping provisions are being implemented as specified
in paragraph (b)(5) of this section, the owner or operator shall notify
the Administrator in the Periodic Report submitted immediately preceding
implementation of the alternative. The notifications specified in
Sec. 63.998(b)(5)(ii) shall be included in the next Periodic Report
following the identified event.
    (7) As specified in Sec. 63.997(c)(3), if an owner or operator at a
facility not required to obtain a title V permit elects at a later date
to replace an existing control or recovery device with a different
control or recovery device, then the Administrator shall be notified by
the owner or operator before implementing the change. This notification
may be included in the facility's periodic reporting.
    (d) Requests for approval of monitoring alternatives--(1)
Alternatives to the continuous operating parameter monitoring and
recordkeeping provisions. Requests for approval to use alternatives to
continuous operating parameter monitoring and recordkeeping provisions,
as provided for in Sec. 63.996(d)(1), shall be submitted as specified in
a referencing

[[Page 465]]

subpart, and the referencing subpart will govern the review and approval
of such requests. The information specified in paragraphs (d)(1)(i) and
(ii) of this section shall be included.
    (i) A description of the proposed alternative system; and
    (ii) Information justifying the owner or operator's request for an
alternative method, such as the technical or economic infeasibility, or
the impracticality, of the regulated source using the required method.
    (2) Monitoring a different parameter than those listed. Requests for
approval to monitor a different parameter than those established in
Sec. 63.996(c)(6) of this section or to set unique monitoring
parameters, as provided for in Sec. 63.996(d)(2), shall be submitted as
specified as specified in a referencing subpart, and the referencing
subpart will govern the review and approval of such requests. The
information specified in paragraphs (d)(2)(i) through (iii) of this
section shall be included in the request.
    (i) A description of the parameter(s) to be monitored to ensure the
control technology or pollution prevention measure is operated in
conformance with its design and achieves the specified emission limit,
percent reduction, or nominal efficiency, and an explanation of the
criteria used to select the parameter(s);
    (ii) A description of the methods and procedures that will be used
to demonstrate that the parameter indicates proper operation of the
control device, the schedule for this demonstration, and a statement
that the owner or operator will establish a range for the monitored
parameter(s) as part of the Notification of Compliance Status if
required under a referencing subpart, unless this information has
already been submitted; and
    (iii) The frequency and content of monitoring, recording, and
reporting, if monitoring and recording is not continuous, or if reports
of daily average values when the monitored parameter value is outside
the established range will not be included in periodic reports under
paragraph (c) of this section. The rationale for the proposed
monitoring, recording, and reporting system shall be included.

[64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Subpart TT_National Emission Standards for Equipment Leaks_Control Level
                                    1

    Source: 64 FR 34886, June 29, 1999, unless otherwise noted.



Sec. 63.1000  Applicability.

    (a) The provisions of this subpart apply to the control of air
emissions from equipment leaks for which another subpart references the
use of this subpart for such air emission control. These air emission
standards for equipment leaks are placed here for administrative
convenience and only apply to those owners and operators of facilities
subject to the referencing subpart. The provisions of 40 CFR part 63
subpart A (General Provisions) do not apply to this subpart except as
noted in the referencing subpart.
    (b) Implementation and enforcement. This subpart can be implemented
and enforced by the U.S. Environmental Protection Agency (EPA), or a
delegated authority such as the applicable State, local, or tribal
agency. If the EPA Administrator has delegated authority to a State,
local, or tribal agency, then that agency has the authority to implement
and enforce this subpart. Contact the applicable EPA Regional Office to
find out if this subpart is delegated to a State, local, or tribal
agency.
    (1) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under section 40 CFR part
63, subpart E, the authorities contained in paragraphs (b)(1)(i) through
(v) of this section are retained by the EPA Administrator and are not
transferred to the State, local, or tribal agency.
    (i) Approval of alternatives to the nonopacity emissions standards
in Secs. 63.1003 through 63.1015, under Sec. 63.6(g). Where these
standards reference another subpart, the cited provisions will be
delegated according to the delegation provisions of the referenced
subpart.

[[Page 466]]

    (ii) [Reserved]
    (iii) Approval of major changes to test methods under
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (iv) Approval of major changes to monitoring under Sec. 63.8(f) and
as defined in Sec. 63.90.
    (v) Approval of major changes to recordkeeping and reporting under
Sec. 63.10(f) and as defined in Sec. 63.90.
    (c) Exemptions. Paragraphs (c)(1) through (c)(3) delineate equipment
that is excluded from the requirements of this subpart.
    (1) Equipment in vacuum service. Equipment that is in vacuum service
is excluded from the requirements of this subpart.
    (2) Equipment in service less than 300 hours per calendar year.
Equipment that is in regulated material service less than 300 hours per
calendar year is excluded from the requirements of Secs. 63.1006 through
63.1015 if it is identified as required in Sec. 63.1003(b)(5).
    (3) Lines and equipment not containing process fluids. Except as
provided in a referencing subpart, lines and equipment not containing
process fluids are not subject to the provisions of this subpart.
Utilities, and other nonprocess lines, such as heating and cooling
systems which do not combine their materials with those in the processes
they serve, are not considered to be part of a process unit or affected
facility.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999;
67 FR 46278, July 12, 2002]



Sec. 63.1001  Definitions.

    All terms used in this part shall have the meaning given them in the
Act and in this section.
    Closed-loop system means an enclosed system that returns process
fluid to the process and is not vented directly to the atmosphere.
    Closed-purge system means a system or combination of systems and
portable containers to capture purged liquids. Containers must be
covered or closed when not being filled or emptied.
    Closed-vent system means a system that is not open to the atmosphere
and is composed of piping, ductwork, connections, and, if necessary,
flow inducing devices that transport gas or vapor from an emission point
to a control device.
    Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or boiler, used for the combustion
of organic emissions.
    Connector means flanged, screwed, or other joined fittings used to
connect two pipelines or a pipeline and a piece of equipment. A common
connector is a flange. Joined fittings welded completely around the
circumference of the interface are not considered connectors for the
purpose of this regulation. For the purpose of reporting and
recordkeeping, connector means joined fittings that are not
inaccessible, ceramic, or ceramic-lined (e.g., porcelain, glass, or
glass-lined) as described in Sec. 63.1008(d)(2).
    Control device means any combustion device, recovery device,
recapture device, or any combination of these devices used to comply
with this part. Such equipment or devices include, but are not limited
to, absorbers, carbon adsorbers, condensers, incinerators, flares,
boilers, and process heaters. Primary condensers on steam strippers or
fuel gas systems are not considered control devices.
    Distance piece means an open or enclosed casing through which the
piston rod travels, separating the compressor cylinder from the
crankcase.
    Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the two
block valves.
    Equipment means each pump, compressor, agitator, pressure relief
device, sampling connection system, open-ended valve or line, valve,
connector, and instrumentation system in regulated material service; and
any control devices or systems used to comply with this subpart.
    First attempt at repair, for the purposes of this subpart, means to
take action for the purpose of stopping or reducing leakage of organic
material to the atmosphere, followed by monitoring as specified in
Sec. 63.1004(b) and, as applicable, in Sec. 63.1004(c), as appropriate,
to verify whether the leak is repaired, unless the owner or operator
determines by other means that the leak is not repaired.

[[Page 467]]

    Fuel gas means gases that are combusted to derive useful work or
heat.
    Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use as a fuel gas in combustion
equipment, such as furnaces and gas turbines, either singly or in
combination.
    In gas or vapor service means that a piece of equipment in regulated
material service contains a gas or vapor at operating conditions.
    In heavy liquid service means that a piece of equipment in regulated
material is not in gas or vapor service or in light liquid service.
    In light liquid service means that a piece of equipment in
regulated-material service contains a liquid that meets the following
conditions:
    (1) The vapor pressure of one or more of the organic compounds is
greater than 0.3 kilopascals at 20  deg.C,
    (2) The total concentration of the pure organic compounds
constituents having a vapor pressure greater than 0.3 kilopascals at 20
deg.C is equal to or greater than 20 percent by weight of the total
process stream, and
    (3) The fluid is a liquid at operating conditions.

    (Note to definition of ``In light liquid service'': Vapor pressures
may be determined by standard reference texts or ASTM D-2879.)

    In liquid service means that a piece of equipment in regulated
material service is not in gas or vapor service.
    In organic hazardous air pollutant or in organic HAP service means
that a piece of equipment either contains or contracts a fluid (liquid
or gas) that is at least 5 percent by weight of total organic HAP's as
determined according to the provisions of Sec. 63.180(d) of subpart H.
The provisions of Sec. 63.180(d) of subpart H also specify how to
determine that a piece of equipment is not in organic HAP service.
    In regulated material service means, for the purposes of this
subpart, equipment which meets the definition of ``in VOC service'',
``in VHAP service'', ``in organic hazardous air pollutant service,'' or
``in other chemicals or groups of chemicals service'' as defined in the
referencing subpart.
    In-situ sampling systems means nonextractive samplers or in-line
samplers.
    In vacuum service means that equipment is operating at an internal
pressure which is at least 5 kilopascals below ambient pressure.
    Initial startup means for new sources, the first time the source
begins production. For additions or changes not defined as a new source
by this subpart, initial startup means the first time additional or
changed equipment is put into operation. Initial startup does not
include operation solely for testing of equipment. Initial startup does
not include subsequent startup of process units following malfunction or
process unit shutdowns. Except for equipment leaks, initial startup also
does not include subsequent startups (of process units following changes
in product for flexible operation units or following recharging of
equipment in batch unit operations).
    Instrumentation system means a group of equipment components used to
condition and convey a sample of the process fluid to analyzers and
instruments for the purpose of determining process operating conditions
(e.g., composition, pressure, flow, etc.). Valves and connectors are the
predominant type of equipment used in instrumentation systems; however,
other types of equipment may also be included in these systems. Only
valves nominally 1.27 centimeters (0.5 inches) and smaller, and
connectors nominally 1.91 centimeters (0.75 inches) and smaller in
diameter are considered instrumentation systems for the purposes of this
subpart. Valves greater than nominally 1.27 centimeters (0.5 inches) and
connectors greater than nominally 1.91 centimeters (0.75 inches)
associated with instrumentation systems are not considered part of
instrumentation systems and must be monitored individually.
    Liquids dripping means any visible leakage from the seal including
dripping, spraying, misting, clouding, and ice formation. Indications of
liquids dripping include puddling or new stains that are indicative of
an existing evaporated drip.

[[Page 468]]

    Nonrepairable means that it is technically infeasible to repair a
piece of equipment from which a leak has been detected without a process
unit or affected facility shutdown.
    Open-ended valve or line means any valve, except relief valves,
having one side of the valve seat in contact with process fluid and one
side open to atmosphere, either directly or through open piping.
    Organic monitoring device means a unit of equipment used to indicate
the concentration level of organic compounds based on a detection
principle such as infra-red, photo ionization, or thermal conductivity.
    Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the relief
device. This release can be one release or a series of releases over a
short time period due to a malfunction in the process.
    Pressure relief device or valve means a safety device used to
prevent operating pressures from exceeding the maximum allowable working
pressure of the process equipment. A common pressure relief device is a
spring-loaded pressure relief valve. Devices that are actuated either by
a pressure of less than or equal to 2.5 pounds per square inch gauge or
by a vacuum are not pressure relief devices.
    Process unit means the equipment specified in the definitions of
process unit in the applicable referencing subpart. If the referencing
subpart does not define process unit, then for the purposes of this
part, process unit means the equipment assembled and connected by pipes
or ducts to process raw materials and to manufacture an intended
product.
    Process unit shutdown means a work practice or operational procedure
that stops production from a process unit, or part of a process unit
during which it is technically feasible to clear process material from a
process unit, or part of a process unit, consistent with safety
constraints and during which repairs can be affected. The following are
not considered process unit shutdowns:
    (1) An unscheduled work practice or operations procedure that stops
production from a process unit, or part of a process unit, for less than
24 hours.
    (2) An unscheduled work practice or operations procedure that would
stop production from a process unit, or part of a process unit, for a
shorter period of time than would be required to clear the process unit,
or part of the process unit, of materials and start up the unit, and
would result in greater emissions than delay of repair of leaking
components until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing of
equipment without stopping production.
    Referencing subpart means the subpart which refers an owner or
operator to this subpart.
    Regulated material, for purposes of this subpart, refers to gases
from volatile organic liquids (VOL), volatile organic compounds (VOC),
hazardous air pollutants (HAP), or other chemicals or groups of
chemicals that are regulated by the referencing subpart.
    Regulated source for the purposes of this subpart, means the
stationary source, the group of stationary sources, or the portion of a
stationary source that is regulated by a referencing subpart.
    Relief device or valve means a valve used only to release an
unplanned, nonroutine discharge. A relief valve discharge can result
from an operator error, a malfunction such as a power failure or
equipment failure, or other unexpected cause that requires immediate
venting of gas from process equipment in order to avoid safety hazards
or equipment damage.
    Repaired, for the purposes of this subpart means the following:
    (1) Equipment is adjusted, or otherwise altered, to eliminate a leak
as defined in the applicable sections of this subpart, and
    (2) Equipment, unless otherwise specified in applicable provisions
of this subpart, is monitored as specified in Sec. 63.1004(b) and, as
applicable in Secs. 63.1004(c) and 63.1015 of this part as appropriate,
to verify that emissions from the equipment are below the applicable
leak definition.
    Routed to a process or route to a process means the emissions are
conveyed to any enclosed portion of a process unit where the emissions
are predominantly recycled and/or consumed in the same

[[Page 469]]

manner as a material that fulfills the same function in the process and/
or transformed by chemical reaction into materials that are not
regulated materials and/or incorporated into a product; and /or
recovered.
    Sampling connection system means an assembly of equipment within a
process unit or affected facility used during periods of representative
operation to take samples of the process fluid. Equipment used to take
nonroutine grab samples is not considered a sampling connection system.
    Screwed (threaded) connector means a threaded pipe fitting where the
threads are cut on the pipe wall and the fitting requires only two
pieces to make the connection (i.e., the pipe and the fitting).
    Sensor means a device that measures a physical quantity or the
change in a physical quantity, such as temperature, pressure, flow rate,
pH, or liquid level.
    Set pressure means the pressure at which a properly operating
pressure relief device begins to open to relieve atypical process system
operating pressure.
    Start-up means the setting into operation of a piece of equipment or
a control device that is subject to this subpart.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec. 63.1002  Compliance assessment.

    (a) General procedures for compliance assessment. Compliance with
this subpart will be determined by review of the records required by
Sec. 63.1017 and the reports required by Sec. 63.1018, by review of
performance test results, and by inspections.
    (b) Alternative means of emission limitation. The provisions of
paragraph (b) of this section do not apply to the performance standards
of Sec. 63.1006(e)(4) for valves designated as having no detectable
emissions, Sec. 63.1011(b) for pressure relief devices, or
Sec. 63.1012(f) for compressors operating under the alternative
compressor standard.
    (1) An owner or operator may request a determination of alternative
means of emission limitation to the requirements of Secs. 63.1005
through 63.1015 as provided in paragraphs (b)(2) through (b)(6) of this
section. If the Administrator makes a determination that an alternative
means of emission limitation is a permissible alternative, the owner or
operator shall comply with the alternative.
    (2) Permission to use an alternative means of emission limitation
shall be governed by the following procedures in paragraphs (b)(3)
through (b)(6) of this section.
    (3) Where the standard is an equipment, design, or operational
requirement the criteria specified in paragraphs (b)(3)(i) and
(b)(3)(ii) shall be met.
    (i) Each owner or operator applying for permission to use an
alternative means of emission limitation shall be responsible for
collecting and verifying emission performance test data for an
alternative means of emission limitation.
    (ii) The Administrator will compare test data for the means of
emission limitation to test data for the equipment, design, and
operational requirements.
    (4) Where the standard is a work practice the criteria specified in
paragraphs (b)(4)(i) through (b)(4)(iv) shall be met.
    (i) Each owner or operator applying for permission shall be
responsible for collecting and verifying test data for an alternative
means of emission limitation.
    (ii) For each kind of equipment for which permission is requested,
the emission reduction achieved by the alternative means of emission
limitation shall be demonstrated.
    (iii) The Administrator will compare the demonstrated emission
reduction for the alternative means of emission limitation to the
demonstrated emission reduction for the required work practices.
    (iv) The Administrator may condition the permission on requirements
that may be necessary to ensure operation and maintenance to achieve the
same or greater emission reduction as the required work practices of
this subpart.
    (5) An owner or operator may offer a unique approach to demonstrate
the alternative means of emission limitation.

[[Page 470]]

    (6) If, in the judgement of the Administrator, an alternative means
of emission limitation will be approved, the Administrator will publish
a notice of the determination in the Federal Register.
    (7)(i) Manufacturers of equipment used to control equipment leaks of
a regulated material may apply to the Administrator for permission for
an alternative means of emission limitation that achieves a reduction in
emissions of the regulated material achieved by the equipment, design,
and operational requirements of this subpart.
    (ii) The Administrator will grant permission according to the
provisions of paragraphs (b)(3), (b)(4), (b)(5) and (b)(6) of this
section.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec. 63.1003  Equipment identification.

    (a) General equipment identification. Equipment subject to this
subpart shall be identified. Identification of the equipment does not
require physical tagging of the equipment. For example, the equipment
may be identified on a plant site plan, in log entries, by designation
of process unit or affected facility boundaries by some form of
weatherproof identification, or by other appropriate methods.
    (b) Additional equipment identification. In addition to the general
identification required by paragraph (a) of this section, equipment
subject to any of the provisions in Secs. 63.1006 to 63.1015 shall be
specifically identified as required in paragraphs (b)(1) through (b)(5)
of this section, as applicable.
    (1) Connectors. Except for inaccessible, ceramic, or ceramic-lined
connectors meeting the provisions of Sec. 63.1008(d)(2) and
instrumentation systems identified pursuant to paragraph (b)(4) of this
section, identify the connectors subject to the requirements of this
subpart. Connectors need not be individually identified if all
connectors in a designated area or length of pipe subject to the
provisions of this subpart are identified as a group, and the number of
connectors subject is indicated.
    (2) Routed to a process or fuel gas system or equipped with a closed
vent system and control device. Identify the equipment that the owner or
operator elects to route to a process or fuel gas system or equip with a
closed vent system and control device, under the provisions of
Sec. 63.1007(e)(3) (pumps in light liquid service), Sec. 63.1009(e)(3)
(agitators in gas and vapor service and in light liquid service),
Sec. 63.1011(d) (pressure relief devices in gas and vapor service),
Sec. 63.1012(e) (compressors), or Sec. 63.1016 (alternative means of
emission limitation for enclosed vented process units) of this subpart.
    (3) Pressure relief devices. Identify the pressure relief devices
equipped with rupture disks, under the provisions of Sec. 63.1011(e) of
this subpart.
    (4) Instrumentation systems. Identify instrumentation systems
subject to the provisions of Sec. 63.1010 of this subpart. Individual
components in an instrumentation system need not be identified.
    (5) Equipment in service less than 300 hours per calendar year. The
identity, either by list, location (area or group), or other method, of
equipment in regulated material service less than 300 hours per calendar
year within a process unit or affected facilities subject to the
provisions of this subpart shall be recorded.
    (c) Special equipment designations: Equipment that is unsafe or
difficult-to-monitor--(1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec. 63.1006(e)(1), pumps
meeting the provisions of Sec. 63.1007(e)(5), connectors meeting the
provisions of Sec. 63.1008(d)(1), and agitators meeting the provisions
of Sec. 63.1009(e)(7) may be designated unsafe-to-monitor if the owner
or operator determines that monitoring personnel would be exposed to an
immediate danger as a consequence of complying with the monitoring
requirements of this subpart. Examples of an unsafe-to-monitor equipment
include, but is not limited to, equipment under extreme pressure or
heat.
    (2) Designation and criteria for difficult-to-monitor. Valves
meeting the

[[Page 471]]

provisions of Sec. 63.1006(e)(2) may be designated difficult-to-monitor
if the provisions of paragraph (c)(2)(i) of this section apply.
Agitators meeting the provisions of Sec. 63.1009(f)(5) may be designated
difficult-to-monitor if the provisions of paragraph (c)(2)(ii) apply.
    (i) Valves. (A) The owner or operator of the valve determines that
the equipment cannot be monitored without elevating the monitoring
personnel more than 2 meters (7 feet) above a support surface or it is
not accessible in a safe manner when it is in regulated material
service.
    (B) The process unit or affected facility within which the valve is
located is an existing source, or the owner or operator designates less
than 3 percent of the total number of valves in a new source as
difficult-to-monitor.
    (ii) Agitators. The owner or operator determines that the agitator
cannot be monitored without elevating the monitoring personnel more than
2 meters (7 feet) above a support surface or it is not accessible in a
safe manner when it is in regulated material service.
    (3) [Reserved]
    (4) Identification of unsafe or difficult-to-monitor equipment. The
owner or operator shall record the identity of equipment designated as
unsafe-to-monitor according to the provisions of paragraph (c)(1) of
this section and the planned schedule for monitoring this equipment. The
owner or operator shall record the identity of equipment designated as
difficult-to-monitor according to the provisions of paragraph (c)(2) of
this section, the planned schedule for monitoring this equipment, and an
explanation why the equipment is difficult-to-monitor. This record must
be kept at the plant and be available for review by an inspector.
    (5) Written plan requirements. (i) The owner or operator of
equipment designated as unsafe-to-monitor except connectors meeting the
provisions of Sec. 63.1008(d)(1) according to the provisions of
paragraph (c)(1) of this section shall have a written plan that requires
monitoring of the equipment as frequently as practical during safe-to-
monitor times, but not more frequently than the periodic monitoring
schedule otherwise applicable, and repair of the equipment according to
the procedures in Sec. 63.1005 if a leak is detected.
    (ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section
shall have a written plan that requires monitoring of the equipment at
least once per calendar year, and repair of the equipment according to
the procedures in Sec. 63.1005 if a leak is detected.
    (d) Special equipment designations: Unsafe-to-repair--(1)
Designation and criteria. Connectors subject to the provisions of
Sec. 63.1005(e) may be considered unsafe-to-repair if the owner or
operator determines that repair personnel would be exposed to an
immediate danger as a consequence of complying with the repair
requirements of this subpart, and if the connector will be repaired
before the end of the next process unit or affected facility shutdown as
specified in Sec. 63.1005(e) of this subpart.
    (2) Identification of equipment. The identity of connectors
designated as unsafe-to-repair and an explanation why the connector is
unsafe-to-repair shall be recorded.
    (e) Special equipment designations: Equipment operating with no
detectable emissions--(1) Designation and criteria. Equipment may be
designated as having no detectable emissions if it has no external
actuating mechanism in contact with the process fluid and is operated
with emissions less than 500 parts per million above background as
determined by the method specified in Sec. 63.1004(b) and (c).
    (2) Identification of equipment. The identity of equipment
designated as no detectable emissions shall be recorded.
    (3) Identification of compressors operating under no detectable
emissions. Identify the compressors that the owner or operator elects to
designate as operating with an instrument reading of less than 500 parts
per million above background, under the provisions of Sec. 63.1012(f).

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]



Sec. 63.1004  Instrument and sensory monitoring for leaks.

    (a) Monitoring for leaks. The owner or operator of a regulated
source subject

[[Page 472]]

to this subpart shall monitor all regulated equipment as specified in
paragraph (a)(1) of this section for instrument monitoring and paragraph
(a)(2) of this section for sensory monitoring.
    (1) Instrument monitoring for leaks. (i) Valves in gas and vapor
service and in light liquid service shall be monitored pursuant to
Sec. 63.1006(b).
    (ii) Pumps in light liquid service shall be monitored pursuant to
Sec. 63.1007(b).
    (iii) Connectors in gas and vapor service and in light liquid
service shall be monitored pursuant to Sec. 63.1008(b).
    (iv) Agitators in gas and vapor service and in light liquid service
shall be monitored pursuant to Sec. 63.1009(b).
    (v) Pressure relief devices in gas and vapor service shall be
monitored pursuant to Sec. 63.1011(c).
    (vi) Compressors designated to operate with an instrument reading
less than 500 parts per million as described in Sec. 63.1003(e), shall
be monitored pursuant to Sec. 63.1012(f).
    (2) Sensory monitoring for leaks. (i) Pumps in light liquid service
shall be observed pursuant to Sec. 63.1007(b)(3) and (e)(1)(v).
    (ii) [Reserved]
    (iii) Agitators in gas and vapor service and in light liquid service
shall be observed pursuant to Sec. 63.1009(b)(3) or (e)(1)(iv).
    (iv) [Reserved]
    (b) Instrument monitoring methods. Instrument monitoring, as
required under this subpart, shall comply with the requirements
specified in paragraphs (b)(1) through (b)(6) of this section.
    (1) Monitoring method. Monitoring shall comply with Method 21 of 40
CFR part 60, appendix A.
    (2) Detection instrument performance criteria. (i) Except as
provided for in paragraph (b)(2)(ii) of this section, the detection
instrument shall meet the performance criteria of Method 21 of 40 CFR
part 60, appendix A, except the instrument response factor criteria in
section 3.1.2(a) of Method 21 shall be for the representative
composition of the process fluid, and not for each individual HAP, VOC
or other regulated material individual chemical compound in the stream.
For process streams that contain nitrogen, air, water, or other inerts
that are not regulated materials, the representative stream response
factor shall be calculated on an inert-free basis. The response factor
may be determined at any concentration for which monitoring for leaks
will be conducted.
    (ii) If there is no instrument commercially available that will meet
the performance criteria specified in paragraph (b)(2)(i) of this
section, the instrument readings may be adjusted by multiplying by the
representative response factor of the process fluid, calculated on an
inert-free basis as described in paragraph (b)(2)(i) of this section.
    (3) Detection instrument calibration procedure. The detection
instrument shall be calibrated before use on each day of its use by the
procedures specified in Method 21 of 40 CFR part 60, appendix A.
    (4) Detection instrument calibration gas. Calibration gases shall be
zero air (less than 10 parts per million of hydrocarbon in air); and a
mixture of methane in air at a concentration of approximately, but less
than, 10,000 parts per million; or a mixture of n-hexane in air at a
concentration of approximately, but less than, 10,000 parts per million.
A calibration gas other than methane in air or n-hexane in air may be
used if the instrument does not respond to methane or n-hexane or if the
instrument does not meet the performance criteria specified in paragraph
(b)(2)(i) of this section. In such cases, the calibration gas may be a
mixture of one or more compounds to be measured in air.
    (5) Monitoring performance. Monitoring shall be performed when the
equipment is in regulated material service or is in use with any other
detectable material.
    (6) Monitoring data. Monitoring data obtained prior to the regulated
source becoming subject to the referencing subpart that do not meet the
criteria specified in paragraphs (b)(1) through (b)(5) of this section
may still be used to initially qualify for less frequent monitoring
under the provisions in Sec. 63.1006(a)(2), (b)(3) or (b)(4) for valves
provided the departures from the criteria specified or from the
specified monitoring frequency of Sec. 63.1006(b)(3)

[[Page 473]]

are minor and do not significantly affect the quality of the data.
Examples of minor departures are monitoring at a slightly different
frequency (such as every six weeks instead of monthly or quarterly),
following the performance criteria of section 3.1.2(a) of Method 21 of
appendix A of 40 CFR part 60 instead of paragraph (b)(2) of this
section, or monitoring at a different leak definition if the data would
indicate the presence or absence of a leak at the concentration
specified in the referencing subpart. Failure to use a calibrated
instrument is not considered a minor departure.
    (c) Instrument monitoring using background adjustments. The owner or
operator may elect to adjust or not to adjust the instrument readings
for background. If an owner or operator elects not to adjust instrument
readings for background, the owner or operator shall monitor the
equipment according to the procedures specified in paragraphs (b)(1)
through (b)(5) of this section. In such case, all instrument readings
shall be compared directly to the applicable leak definition for the
monitored equipment to determine whether there is a leak or to determine
compliance with Sec. 63.1011(b) (pressure relief devices in gas and
vapor service) or Sec. 63.1012(f) (compressors). If an owner or operator
elects to adjust instrument readings for background, the owner or
operator shall monitor the equipment according to the procedures
specified in paragraphs (c)(1) through (c)(4) of this section.
    (1) The requirements of paragraphs (b)(1) through (b)(5) of this
section shall apply.
    (2) The background level shall be determined, using the procedures
in Method 21 of 40 CFR part 60, appendix A.
    (3) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible (as described in
Method 21 of 40 CFR part 60, appendix A).
    (4) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level shall be compared
to the applicable leak definitions for the monitored equipment to
determine whether there is a leak or to determine compliance with
Sec. 63.1011(b) (pressure relief devices in gas and vapor service) or
Sec. 63.1012(f) (compressors).
    (d) Sensory monitoring methods. Sensory monitoring, as required
under this subpart, shall consist of detection of a potential leak to
the atmosphere by visual, audible, olfactory, or any other detection
method.
    (e) Leaking equipment identification and records. (1) When each leak
is detected pursuant to the monitoring specified in paragraph (a) of
this section, a weatherproof and readily visible identification, marked
with the equipment identification, shall be attached to the leaking
equipment.
    (2) When each leak is detected, the information specified in
Sec. 63.1005(e) shall be recorded and kept pursuant to the referencing
subpart.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]



Sec. 63.1005  Leak repair.

    (a) Leak repair schedule. The owner or operator shall repair each
leak detected no later than 15 calendar days after it is detected,
except as provided in paragraphs (c) and (d) of this section. A first
attempt at repair shall be made no later than 5 calendar days after the
leak is detected. First attempt at repair for pumps includes, but is not
limited to, tightening the packing gland nuts and/or ensuring that the
seal flush is operating at design pressure and temperature. First
attempt at repair for valves includes, but is not limited to, tightening
the bonnet bolts, and/or replacing the bonnet bolts, and/or tightening
the packing gland nuts, and/or injecting lubricant into the lubricated
packing.
    (b) Leak identification removal--(1) Valves in gas/vapor and light
liquid service. The leak identification on a valve in gas/vapor or light
liquid service may be removed after it has been monitored as specified
in Sec. 63.1006(b), and no leak has been detected during that
monitoring. The leak identification on a connector in gas/vapor or light
liquid service may be removed after it has been monitored as specified
in Sec. 63.1008(b) and no leak has been detected during that monitoring.
    (2) Other equipment. The identification that has been placed,
pursuant to

[[Page 474]]

Sec. 63.1004(e), on equipment determined to have a leak, except for a
valve in gas/vapor or light liquid service, may be removed after it is
repaired.
    (c) Delay of repair. Delay of repair can be used as specified in any
of paragraphs (c)(1) through (c)(5) of this section. The owner or
operator shall maintain a record of the facts that explain any delay of
repairs and, where appropriate, why the repair was technically
infeasible without a process unit shutdown.
    (1) Delay of repair of equipment for which leaks have been detected
is allowed if the repair is technically infeasible without a process
unit or affected facility shutdown within 15 days after a leak is
detected. Repair of this equipment shall occur as soon as practical, but
not later than by the end of the next process unit or affected facility
shutdown, except as provided in paragraph (c)(5) of this section.
    (2) Delay of repair of equipment for which leaks have been detected
is allowed for equipment that is isolated from the process and that does
not remain in regulated material service.
    (3) Delay of repair for valves, connectors, and agitators is also
allowed if the criteria specified in paragraphs (c)(3)(i) and (c)(3)(ii)
are met.
    (i) The owner or operator determines that emissions of purged
material resulting from immediate repair would be greater than the
fugitive emissions likely to result from delay of repair, and
    (ii) When repair procedures are effected, the purged material is
collected and destroyed, or recovered in a control or recovery device,
or routed to a fuel gas system or process complying with Sec. 63.1015 or
Sec. 63.1002(b) of this part.
    (4) Delay of repair for pumps is allowed if the criteria specified
in paragraphs (c)(4)(i) and (c)(4)(ii) are met.
    (i) Repair requires replacing the existing seal design with a new
system that the owner or operator has determined will provide better
performance or one of the specifications of paragraphs (c)(4)(i)(A)
through (c)(4)(i)(C) of this section are met.
    (A) A dual mechanical seal system that meets the requirements of
Sec. 63.1007(e)(1) will be installed,
    (B) A pump that meets the requirements of Sec. 63.1007(e)(2) will be
installed; or
    (C) A system that routes emissions to a process or a fuel gas system
or a closed vent system and control device that meets the requirements
of Sec. 63.1007(e)(3) will be installed.
    (ii) Repair is to be completed as soon as practical, but not later
than 6 months after the leak was detected.
    (5) Delay of repair beyond a process unit or affected facility
shutdown will be allowed for a valve if valve assembly replacement is
necessary during the process unit or affected facility shutdown, and
valve assembly supplies have been depleted, and valve assembly supplies
had been sufficiently stocked before the supplies were depleted. Delay
of repair beyond the second process unit or affected facility shutdown
will not be allowed unless the third process unit or affected facility
shutdown occurs sooner than 6 months after the first process unit or
affected facility shutdown.
    (d) Unsafe-to-repair connectors. Any connector that is designated,
as described in Sec. 63.1003(d), as an unsafe-to-repair connector is
exempt from the requirements of Sec. 63.1008(c), and paragraph (a) of
this section.
    (e) Leak repair records. For each leak detected, the information
specified in paragraphs (e)(1) through (e)(5) of this section shall be
recorded and maintained pursuant to the referencing subpart.
    (1) The date of first attempt to repair the leak.
    (2) The date of successful repair of the leak.
    (3) Maximum instrument reading measured by Method 21 of 40 CFR part
60, appendix A at the time the leak is successfully repaired or
determined to be nonrepairable.
    (4) ``Repair delayed'' and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak as
specified in paragraphs (e)(4)(i) and (e)(4)(ii) of this section.
    (i) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. The written
procedures may be included as part of the startup,

[[Page 475]]

shutdown, and malfunction plan, as required by the referencing subpart
for the source, or may be part of a separate document that is maintained
at the plant site. In such cases, reasons for delay of repair may be
documented by citing the relevant sections of the written procedure.
    (ii) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked on site before depletion and the reason for depletion.
    (5) Dates of process unit or affected facility shutdowns that occur
while the equipment is unrepaired.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]



Sec. 63.1006  Valves in gas and vapor service and in light liquid
service standards.

    (a) Compliance schedule. (1) The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (2) The use of monitoring data generated before the regulated source
became subject to the referencing subpart to initially qualify for less
frequent monitoring is governed by the provisions of Sec. 63.1004(b)(6).
    (b) Leak detection. Unless otherwise specified in Sec. 63.1002(b),
or Sec. 63.1016, or in paragraph (e) of this section, or the referencing
subpart, the owner or operator shall monitor all valves at the intervals
specified in paragraphs (b)(3) through (b)(6) of this section and shall
comply with all other provisions of this section.
    (1) Monitoring method. The valves shall be monitored to detect leaks
by the method specified in Sec. 63.1004(b) and (c).
    (2) Instrument reading that defines a leak. The instrument reading
that defines a leak is 10,000 parts per million or greater.
    (3) Monitoring period. (i) Each valve shall be monitored monthly to
detect leaks, except as provided in paragraphs (b)(3)(ii), (e)(1),
(e)(2), and (e)(4) of this section. An owner or operator may otherwise
elect to comply with one of the alternative standards in paragraphs
(b)(5) or (b)(6) of this section as specified in paragraph (b)(4) of
this section.
    (ii)(A) Any valve for which a leak is not detected for 2 successive
months may be monitored the same month (first, second, or third month)
of every quarter, beginning with the next quarter, until a leak is
detected. The first quarterly monitoring shall occur less than 3 months
following the last monthly monitoring.
    (B) If a leak is detected, the valve shall be monitored monthly
until a leak is not detected for 2 successive months.
    (C) For purposes of paragraph (b) of this section, quarter means a
3-month period with the first quarter concluding on the last day of the
last full month during the 180 days following initial startup.
    (4) Allowance of alternative standards. An owner or operator may
elect to comply with one of the alternatives specified in either
paragraph (b)(5) or (b)(6) of this section if the percentage of valves
leaking is equal to or less than 2.0 percent as determined by the
procedure in paragraph (c) of this section. An owner or operator must
notify the Administrator before implementing one of the alternatives
specified in either paragraph (b)(5) or (b)(6) of this section.
    (5) Allowable percentage alternative. An owner or operator choosing
to comply with the allowable percentage alternative shall have an
allowable percentage of leakers no greater than 2.0 percent for each
affected facility or process unit and shall comply with paragraphs
(b)(5)(i) and (b)(5)(ii) of this section.
    (i) A compliance demonstration for each affected facility or process
unit or affected facility complying with this alternative shall be
conducted initially upon designation, annually, and at other times
requested by the Administrator. For each such demonstration, all valves
in gas and vapor and light liquid service within the affected facility
or process unit shall be monitored within 1 week by the methods
specified in Sec. 63.1004(b). If an instrument reading exceeds the
equipment leak level specified in the referencing subpart, a leak is
detected. The leak percentage shall be calculated as specified in
paragraph (c) of this section.

[[Page 476]]

    (ii) If an owner or operator decides no longer to comply with this
alternative, the owner or operator must notify the Administrator in
writing that the work practice standard described in paragraph (b)(3) of
this section will be followed.
    (6) Skip period alternatives. An owner or operator may elect to
comply with one of the alternative work practices specified in
paragraphs (b)(6)(i) or (b)(6)(ii) of this section. An owner or operator
electing to use one of these skip period alternatives shall comply with
paragraphs (b)(6)(iii) and (b)(6)(iv) of this section. Before using
either skip period alternative, the owner or operator shall initially
comply with the requirements of paragraph (b)(3) of this section.
Monitoring data generated before the regulated source became subject to
the referencing subpart that meets the criteria of either
Sec. 63.1004(b)(1) through (b)(5), or Sec. 63.1004(b)(6), may be used to
initially qualify for skip period alternatives.
    (i) After 2 consecutive quarterly leak detection periods with the
percent of valves leaking equal to or less than 2.0 as determined by the
procedure in paragraph (c) of this section, an owner or operator may
begin to monitor for leaks once every 6 months.
    (ii) After 5 consecutive quarterly leak detection periods with the
percent of valves leaking equal to or less than 2.0 as determined by the
procedure in paragraph (c) of this section, an owner or operator may
begin to monitor for leaks once every year.
    (iii) If the percent of valves leaking is greater than 2.0, the
owner or operator shall comply with paragraph (b)(3) of this section,
but can elect to comply with paragraph (b)(6) of this section if future
percent of valves leaking is again equal to or less than 2.0.
    (iv) The owner or operator shall keep a record of the monitoring
schedule and the percent of valves found leaking during each monitoring
period.
    (c) Percent leaking valves calculation--calculation basis and
procedures. (1) The owner or operator shall decide no later than the
compliance date of this subpart, or upon revision of an operating permit
whether to calculate percent leaking valves on a process unit or group
of process units basis. Once the owner or operator has decided, all
subsequent percentage calculations shall be made on the same basis and
this shall be the basis used for comparison with the subgrouping
criteria specified in paragraph (b)(5)(i) of this section.
    (2) The percent of valves leaking shall be determined by dividing
the sum of valves found leaking during current monitoring and valves for
which repair has been delayed by the total number of valves subject to
the requirements of this section.
    (d) Leak repair. (1) If a leak is determined pursuant to paragraph
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired
using the procedures in Sec. 63.1005, as applicable.
    (2) After a leak determined pursuant to paragraph (b) or (e)(2) of
this section has been repaired, the valve shall be monitored at least
once within the first 3 months after its repair. The monitoring required
by this paragraph is in addition to the monitoring required to satisfy
the definition of repair.
    (i) The monitoring shall be conducted as specified in
Sec. 63.1004(b) and (c), as appropriate, to determine whether the valve
has resumed leaking.
    (ii) Periodic monitoring required by paragraph (b) of this section
may be used to satisfy the requirements of this paragraph, if the timing
of the monitoring period coincides with the time specified in this
paragraph. Alternatively, other monitoring may be performed to satisfy
the requirements of this paragraph, regardless of whether the timing of
the monitoring period for periodic monitoring coincides with the time
specified in this paragraph.
    (iii) If a leak is detected by monitoring that is conducted pursuant
to paragraph (d)(2) of this section, the owner or operator shall follow
the provisions of paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B) of this
section, to determine whether that valve must be counted as a leaking
valve for purposes of paragraph (c) of this section.
    (A) If the owner or operator elected to use periodic monitoring
required by paragraph (b) of this section to satisfy the requirements of
paragraph (d)(2) of this section, then the valve shall be counted as a
leaking valve.

[[Page 477]]

    (B) If the owner or operator elected to use other monitoring, prior
to the periodic monitoring required by paragraph (b) of this section, to
satisfy the requirements of paragraph (d)(2) of this section, then the
valve shall be counted as a leaking valve unless it is repaired and
shown by periodic monitoring not to be leaking.
    (e) Special provisions for valves--(1) Unsafe-to-monitor valves. Any
valve that is designated, as described in Sec. 63.1003(c)(1), as an
unsafe-to-monitor valve, is exempt from the monitoring requirements of
paragraph (b) of this section, and the owner or operator shall monitor
the valve according to the written plan specified in Sec. 63.1003(c)(5).
    (2) Difficult-to-monitor. Any valve that is designated, as described
in Sec. 63.1003(c)(2), as a difficult-to-monitor valve, is exempt from
the requirements of paragraph (b) of this section, and the owner or
operator shall monitor the valve according to the written plan specified
in Sec. 63.1003(c)(5).
    (3) Less than 250 valves. Any equipment located at a plant site with
fewer than 250 valves in regulated material service is exempt from the
monthly monitoring specified in paragraph (b)(3)(i) of this section.
Instead, the owner or operator shall monitor each valve in regulated
material service for leaks once each quarter, or comply with paragraphs
(b)(3)(ii)(A), (b)(3)(ii)(B), or (b)(3)(ii)(C) of this section except as
provided in paragraphs (e)(1) and (e)(2) of this section.
    (4) No detectable emissions. (i) Any valve that is designated, as
described in Sec. 63.1003(e), as having no detectable emissions is
exempt from the requirements of paragraphs (b) through (c) of this
section if the owner or operator meets the criteria specified in
paragraphs (e)(4)(i)(A) and (e)(4)(i)(B) of this section.
    (A) Tests the valve for operation with emissions less than 500 parts
per million above background as determined by the method specified in
Sec. 63.1004(c) initially upon designation, annually, and at other times
requested by the Administrator, and
    (B) Records the dates of each compliance demonstration, the
background level measured during each compliance test, and the maximum
instrument reading measured at the equipment during each compliance
test.
    (ii) A valve may not be designated or operated for no detectable
emissions, as described in Sec. 63.1003(e), if the valve has an
instrument reading greater than 500 parts per million above background.



Sec. 63.1007  Pumps in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance date specified in the
referencing subpart.
    (b) Leak detection. Unless otherwise specified in Sec. 63.1002(b),
or Sec. 63.1016 of this subpart or paragraph (e) of this section, the
owner or operator shall monitor each pump monthly to detect leaks and
shall comply with all other provisions of this section.
    (1) Monitoring method. The pumps shall be monitored to detect leaks
by the method specified in Sec. 63.1004(b) of this subpart.
    (2) Instrument reading that defines a leak. The instrument reading
that defines a leak is 10,000 parts per million.
    (3) Visual inspection. Each pump shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the pump seal. The owner or operator shall document that the inspection
was conducted and the date of the inspection. If there are indications
of liquids dripping from the pump seal, a leak is detected. Unless the
owner or operator demonstrates (e.g., through instrument monitoring)
that the indications of liquids dripping are due to a condition other
than process fluid drips, the leak shall be repaired according to the
procedures of paragraph (b)(4) of this section.
    (4) Visual inspection: Leak repair. Where a leak is identified by
visual indications of liquids dripping, repair shall mean that the
visual indications of liquids dripping have been eliminated.
    (c) Percent leaking pumps calculation. (1) The owner or operator
shall decide no later than the compliance date of this part or upon
revision of an operating permit whether to calculate percent leaking
pumps on a process unit basis or group of process units basis.

[[Page 478]]

Once the owner or operator has decided, all subsequent percentage
calculations shall be made on the same basis.
    (2) The number of pumps at a process unit shall be the sum of all
the pumps in regulated material service, except that pumps found leaking
in a continuous process unit or within 1 month after startup of the pump
shall not count in the percent leaking pumps calculation for that one
monitoring period only.
    (3) Percent leaking pumps shall be determined by the following
equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.009

Where:

%PL = Percent leaking pumps
PL = Number of pumps found leaking as determined through
          monthly monitoring as required in paragraph (b) of this
          section. Do not include results from inspection of unsafe-to-
          monitor pumps pursuant to paragraph (e)(6) of this section.
PT = Total pumps in regulated material service, including
          those meeting the criteria in paragraphs (e)(1), (e)(2),
          (e)(3), and (e)(6) of this section.
PS = Number of pumps leaking within 1 month of start-up
          during the current monitoring period.

    (d) Leak repair. If a leak is detected pursuant to paragraph (b) of
this section, then the leak shall be repaired using the procedures in
Sec. 63.1005, as applicable, unless otherwise specified in paragraph
(b)(4) of this section for leaks identified by visual indications of
liquids dripping.
    (e) Special provisions for pumps--(1) Dual mechanical seal pumps.
Each pump equipped with a dual mechanical seal system that includes a
barrier fluid system is exempt from the requirements of paragraph (b) of
this section, provided the requirements specified in paragraphs
(e)(1)(i) through (e)(1)(viii) of this section are met.
    (i) The owner or operator determines, based on design considerations
and operating experience, criteria applicable to the presence and
frequency of drips and to the sensor that indicates failure of the seal
system, the barrier fluid system, or both. The owner or operator shall
keep records at the plant of the design criteria and an explanation of
the design criteria, and any changes to these criteria and the reasons
for the changes. This record must be available for review by an
inspector.
    (ii) Each dual mechanical seal system shall meet the requirements
specified in paragraphs (e)(1)(ii)(A) through (e)(1)(ii)(C) of this
section.
    (A) Each dual mechanical seal system is operated with the barrier
fluid at a pressure that is at all times (except periods of startup,
shutdown, or malfunction) greater than the pump stuffing box pressure;
or
    (B) Equipped with a barrier fluid degassing reservoir that is routed
to a process or fuel gas system or connected by a closed vent system to
a control device that complies with the requirements of subpart SS of
this part; or
    (C) Equipped with a closed-loop system that purges the barrier fluid
into a process stream.
    (iii) The barrier fluid is not in light liquid service.
    (iv) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
    (v) Each pump is checked by visual inspection each calendar week for
indications of liquids dripping from the pump seal. The owner or
operator shall document that the inspection was conducted and the date
of the inspection. If there are indications of liquids dripping from the
pump seal at the time of the weekly inspection, the owner or operator
shall follow the procedure specified in either paragraph (e)(1)(v)(A) or
(e)(1)(v)(B) of this section prior to the next required inspection.
    (A) The owner or operator shall monitor the pump as specified in
Sec. 63.1004(b) to determine if there is a leak of regulated material in
the barrier fluid; if an instrument reading of 10,000 parts per million
or greater is measured, a leak

[[Page 479]]

is detected and shall be repaired using the procedures in Sec. 63.1005;
or
    (B) The owner or operator shall eliminate the visual indications of
liquids dripping.
    (vi) If indications of liquids dripping from the pump seal exceed
the criteria established in paragraph (e)(1)(i) of this section, or if
based on the criteria established in paragraph (e)(1)(i) of this section
the sensor indicates failure of the seal system, the barrier fluid
system, or both, a leak is detected.
    (vii) Each sensor as described in paragraph (e)(1)(iv) of this
section is observed daily or is equipped with an alarm unless the pump
is located within the boundary of an unmanned plant site.
    (viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of
this section, it shall be repaired as specified in Sec. 63.1005.
    (2) No external shaft. Any pump that is designed with no externally
actuated shaft penetrating the pump housing is exempt from the
requirements of paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a closed
vent system. Any pump that is routed to a process or a fuel gas system
or equipped with a closed vent system that captures and transports
leakage from the pump to a control device meeting the requirements of
Sec. 63.1015 is exempt from requirements of paragraph (b) of this
section.
    (4) Unmanned plant site. Any pump that is located within the
boundary of an unmanned plant site is exempt from the weekly visual
inspection requirement of paragraphs (b)(3), and (e)(1)(v) of this
section, and the daily requirements of paragraph (e)(1)(vii) of this
section, provided that each pump is visually inspected as often as
practical and at least monthly.
    (5) Unsafe-to-monitor pumps. Any pump that is designated, as
described in Sec. 63.1003(c)(1), as an unsafe-to-monitor pump is exempt
from the requirements of paragraph (b) of this section and the
requirements of Sec. 63.1005 and the owner or operator shall monitor the
pump according to the written plan specified in Sec. 63.1003(c)(5).



Sec. 63.1008  Connectors in gas and vapor service and in light liquid
service standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (b) Leak detection. Unless otherwise specified in Sec. 63.1002(b),
or Sec. 63.1016 of this subpart, or the referencing subpart, the owner
or operator shall monitor all connectors within 5 days by the method
specified in Sec. 63.1004(b) if evidence of a potential leak is found by
visual, audible, olfactory, or any other detection method. No monitoring
is required if the evidence of a potential leak is eliminated within 5
days. If an instrument reading of 10,000 parts per million or greater is
measured, a leak is detected.
    (c) Leak repair. If a leak is detected pursuant to paragraph (b) of
this section, then the leak shall be repaired using the procedures in
Sec. 63.1005, as applicable.
    (d) Special provisions for connectors--(1) Unsafe-to-monitor
connectors. Any connector that is designated, as described in
Sec. 63.1003(c)(1), as an unsafe-to-monitor connector is exempt from the
requirements of paragraph (b) of this section and the owner or operator
shall monitor according to the written plan specified in
Sec. 63.1003(c)(5).
    (2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any
connector that is inaccessible or that is ceramic or ceramic-lined
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring
requirements of paragraph (b) of this section, the leak repair
requirements of paragraph (c) of this section, and the recordkeeping and
reporting requirements of Secs. 63.1017 and 63.1018. An inaccessible
connector is a connector that meets any of the provisions specified in
paragraphs (d)(2)(i)(A) through (d)(2)(i)(F) of this section, as
applicable.
    (A) Buried;
    (B) Insulated in a manner that prevents access to the connector by a
monitor probe;
    (C) Obstructed by equipment or piping that prevents access to the
connector by a monitor probe; or
    (D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type

[[Page 480]]

scaffold that would allow access to connectors up to 7.6 meters (25
feet) above the ground.
    (E) Inaccessible because it would require elevating the monitoring
personnel more than 2 meters (7 feet) above a permanent support surface
or would require the erection of scaffold;
    (F) Not able to be accessed at any time in a safe manner to perform
monitoring. Unsafe access includes, but is not limited to, the use of a
wheeled scissor-lift on unstable or uneven terrain, the use of a
motorized man-lift basket in areas where an ignition potential exists,
or access would require near proximity to hazards such as electrical
lines, or would risk damage to equipment.
    (ii) If any inaccessible ceramic or ceramic-lined connector is noted
to have a leak by visual, audible, olfactory, or other means, the leak
to the atmosphere shall be eliminated as soon as practical.



Sec. 63.1009  Agitators in gas and vapor service and in light liquid
service standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (b) Leak detection--(1) Monitoring method. Each agitator seal shall
be monitored monthly to detect leaks by the methods specified in
Sec. 63.1004(b), or Sec. 63.1016, except as provided in Sec. 63.1002(b)
or in paragraph (e) of this section.
    (2) Instrument reading that defines a leak. If an instrument reading
equivalent of 10,000 parts per million or greater is measured, a leak is
detected.
    (3) Visual inspection. Each agitator seal shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the agitator seal. The owner or operator shall document that the
inspection was conducted and the date of the inspection. If there are
indications of liquids dripping from the agitator seal, the owner or
operator shall follow the procedures specified in paragraphs (b)(3)(i)
and (b)(3)(ii) of this section prior to the next required inspection.
    (i) The owner or operator shall monitor the agitator seal as
specified in Sec. 63.1004(b) to determine if there is a leak of
regulated material. If an instrument reading of 10,000 parts per million
or greater is measured, a leak is detected, and it shall be repaired
using the procedures in paragraph (d) of this section;
    (ii) The owner or operator shall eliminate the indications of
liquids dripping from the agitator seal.
    (c) [Reserved]
    (d) Leak repair. If a leak is detected, then the leak shall be
repaired using the procedures in Sec. 63.1005, as applicable.
    (e) Special provisions for agitators--(1) Dual mechanical seal. Each
agitator equipped with a dual mechanical seal system that includes a
barrier fluid system is exempt from the requirements of paragraph (b) of
this section, provided the requirements specified in paragraphs
(e)(1)(i) through (e)(1)(vi) of this section are met.
    (i) Each dual mechanical seal system shall meet the applicable
requirement specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or
(e)(1)(i)(C) of this section.
    (A) Operated with the barrier fluid at a pressure that is at all
times (except during periods of startup, shutdown, or malfunction)
greater than the agitator stuffing box pressure; or
    (B) Equipped with a barrier fluid degassing reservoir that is routed
to a process or fuel gas system or connected by a closed vent system to
a control device that meets the requirements of Sec. 63.1015; or
    (C) Equipped with a closed-loop system that purges the barrier fluid
into a process stream.
    (ii) The barrier fluid is not in light liquid service.
    (iii) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
    (iv) Each agitator seal is checked by visual inspection each
calendar week for indications of liquids dripping from the agitator
seal. If there are indications of liquids dripping from the agitator
seal at the time of the weekly inspection, the owner or operator shall
follow the procedure specified in either paragraph (e)(1)(iv)(A) or
(e)(1)(iv)(B) of

[[Page 481]]

this section prior to the next required inspection.
    (A) The owner or operator shall monitor the agitator seal shall as
specified in Sec. 63.1004(b) to determine the presence of regulated
material in the barrier fluid. If an instrument reading of 10,000 parts
per million or greater is measured, a leak is detected and it shall be
repaired using the procedures in Sec. 63.1005; or
    (B) The owner or operator shall eliminate the visual indications of
liquids dripping.
    (v) Each sensor as described in paragraph (e)(1)(iii) of this
section is observed daily or is equipped with an alarm unless the
agitator seal is located within the boundary of an unmanned plant site.
    (vi) The owner or operator of each dual mechanical seal system shall
meet the requirements specified in paragraphs (e)(1)(vi)(A) through
(e)(1)(vi)(D).
    (A) The owner or operator shall determine, based on design
considerations and operating experience, criteria applicable to the
presence and frequency of drips and to the sensor that indicates failure
of the seal system, the barrier fluid system, or both.
    (B) The owner or operator shall keep records of the design criteria
and an explanation of the design criteria; and any changes to these
criteria and the reasons for the changes.
    (C) If indications of liquids dripping from the agitator seal exceed
the criteria established in paragraphs (e)(1)(vi)(A) and (e)(1)(vi)(B)
of this section, or if, based on the criteria established in paragraphs
(e)(1)(vi)(A) and (e)(1)(vi)(B) of this section, the sensor indicates
failure of the seal system, the barrier fluid system, or both, a leak is
detected.
    (D) When a leak is detected, it shall be repaired using the
procedures in Sec. 63.1005.
    (2) No external shaft. Any agitator that is designed with no
externally actuated shaft penetrating the agitator housing is exempt
from the requirements of paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a closed
vent system. Any agitator that is routed to a process or fuel gas system
or equipped with a closed vent system that captures and transports
leakage from the agitator to a control device meeting the requirements
of Sec. 63.1015 is exempt from the monitoring requirements of paragraph
(b) of this section.
    (4) Unmanned plant site. Any agitator that is located within the
boundary of an unmanned plant site is exempt from the weekly visual
inspection requirement of paragraphs (b)(3) and (e)(1)(iv) of this
section, and the daily requirements of paragraph (e)(1)(v) of this
section, provided that each agitator is visually inspected as often as
practical and at least monthly.
    (5) Difficult-to-monitor agitator seals. Any agitator seal that is
designated, as described in Sec. 63.1003(c)(2), as a difficult-to-
monitor agitator seal is exempt from the requirements of paragraph (b)
of this section and the owner or operator shall monitor the agitator
seal according to the written plan specified in Sec. 63.1003(c)(5).
    (6) Equipment obstructions. Any agitator seal that is obstructed by
equipment or piping that prevents access to the agitator by a monitor
probe is exempt from the monitoring requirements of paragraph (b) of
this section.
    (7) Unsafe-to-monitor agitator seals. Any agitator seal that is
designated, as described in Sec. 63.1003(c)(1), as an unsafe-to-monitor
agitator seal is exempt from the requirements of paragraph (b) of this
section and the owner or operator of the agitator seal monitors the
agitator seal according to the written plan specified in
Sec. 63.1003(c)(5).



Sec. 63.1010  Pumps, valves, connectors, and agitators in heavy liquid
service; pressure relief devices in liquid service; and instrumentation

systems standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (b) Leak detection--(1) Monitoring method. Unless otherwise
specified in Sec. 63.1002(b), or Sec. 63.1016, the owner or operator
shall comply with paragraphs (b)(1) and (b)(2) of this section. Pumps,
valves, connectors, and agitators in heavy liquid service; pressure
relief devices in light liquid or heavy liquid service; and
instrumentation systems shall be monitored within 5 calendar

[[Page 482]]

days by the method specified in Sec. 63.1004(b) if evidence of a
potential leak to the atmosphere is found by visual, audible, olfactory,
or any other detection method. If such a potential leak is repaired as
required in paragraph (c) of this section, it is not necessary to
monitor the system for leaks by the method specified in Sec. 63.1004(b).
    (2) Instrument reading that defines a leak. For systems monitored by
the method specified in Sec. 63.1004(b), if an instrument reading of
10,000 parts per million or greater is measured, a leak is detected. If
a leak is detected, it shall be identified pursuant to Sec. 63.1004(e)
and repaired pursuant to Sec. 63.1005.
    (c) Leak repair. If a leak is determined pursuant to this section,
then the leak shall be repaired using the procedures in Sec. 63.1005, as
applicable. For equipment identified in paragraph (b) of this section
that is not monitored by the method specified in Sec. 63.1004(b),
repaired shall mean that the visual, audible, olfactory, or other
indications of a leak to the atmosphere have been eliminated; that no
bubbles are observed at potential leak sites during a leak check using
soap solution; or that the system will hold a test pressure.



Sec. 63.1011  Pressure relief devices in gas and vapor service standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (b) Compliance standard. Except during pressure releases as provided
for in paragraph (c) of this section, each pressure relief device in gas
or vapor service shall be operated with an instrument reading of less
than 500 parts per million as measured by the method specified in
Sec. 63.1004(c).
    (c) Pressure relief requirements. (1) After each pressure release,
the pressure relief device shall be returned to a condition indicated by
an instrument reading of less than 500 parts per million, as soon as
practical, but no later than 5 calendar days after each pressure
release, except as provided in paragraph (d) of this section.
    (2) The pressure relief device shall be monitored no later than five
calendar days after the pressure release and being returned to regulated
material service to confirm the condition indicated by an instrument
reading of less than 500 parts per million, as measured by the method
specified in Sec. 63.1004(c).
    (3) The owner or operator shall record the dates and results of the
monitoring required by paragraph (c)(2) of this section following a
pressure release including maximum instrument reading measured during
the monitoring and the background level measured if the instrument
reading is adjusted for background.
    (d) Pressure relief devices routed to a process or fuel gas system
or equipped with a closed vent system and control device. Any pressure
relief device that is routed to a process or fuel gas system or equipped
with a closed vent system that captures and transports leakage from the
pressure relief device to a control device meeting the requirements of
Sec. 63.1015 is exempt from the requirements of paragraphs (b) and (c)
of this section.
    (e) Rupture disk exemption. Any pressure relief device that is
equipped with a rupture disk upstream of the pressure relief device is
exempt from the requirements of paragraphs (b) and (c) of this section
provided the owner or operator installs a replacement rupture disk
upstream of the pressure relief device as soon as practical after each
pressure release, but no later than 5 calendar days after each pressure
release, except as provided in Sec. 63.1005(d).



Sec. 63.1012  Compressor standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (b) Seal system standard. Each compressor shall be equipped with a
seal system that includes a barrier fluid system and that prevents
leakage of process fluid to the atmosphere, except as provided in
Sec. 63.1002(b) and paragraphs (e) and (f) of this section. Each
compressor seal system shall meet the requirements specified in
paragraphs (b)(1), (b)(2), or (b)(3) of this section.
    (1) Operated with the barrier fluid at a pressure that is greater
than the compressor stuffing box pressure at all

[[Page 483]]

times (except during periods of startup, shutdown, or malfunction); or
    (2) Equipped with a barrier fluid system degassing reservoir that is
routed to a process or fuel gas system or connected by a closed-vent
system to a control device that meets the requirements of Sec. 63.1015;
or
    (3) Equipped with a closed-loop system that purges the barrier fluid
directly into a process stream.
    (c) Barrier fluid system. The barrier fluid shall not be in light
liquid service. Each barrier fluid system shall be equipped with a
sensor that will detect failure of the seal system, barrier fluid
system, or both. Each sensor shall be observed daily or shall be
equipped with an alarm unless the compressor is located within the
boundary of an unmanned plant site.
    (d) Failure criterion and leak detection. (1) The owner or operator
shall determine, based on design considerations and operating
experience, a criterion that indicates failure of the seal system, the
barrier fluid system, or both. If the sensor indicates failure of the
seal system, the barrier fluid system, or both based on the criterion, a
leak is detected and shall be repaired pursuant to Sec. 63.1005, as
applicable.
    (2) The owner or operator shall keep records of the design criteria
and an explanation of the design criteria; and any changes to these
criteria and the reasons for the changes.
    (e) Routed to a process or fuel gas system or equipped with a closed
vent system and control device. A compressor is exempt from the
requirements of paragraphs (b) through (d) of this section if it is
equipped with a system to capture and transport leakage from the
compressor drive shaft seal to a process or a fuel gas system or to a
closed vent system that captures and transports leakage from the
compressor to a control device meeting the requirements of Sec. 63.1015.
    (f) Alternative compressor standard. (1) Any compressor that is
designated as described in Sec. 63.1003(e) as operating with no
detectable emissions shall operate at all times with an instrument
reading of less than 500 parts per million. A compressor so designated
is exempt from the requirements of paragraphs (b) through (d) of this
section if the compressor is demonstrated initially upon designation,
annually, and at other times requested by the Administrator to be
operating with an instrument reading of less than 500 parts per million
as measured by the method specified in Sec. 63.1004(c). A compressor may
not be designated or operated having an instrument reading of less than
500 parts per million as described in Sec. 63.1003(e) if the compressor
has a maximum instrument reading greater than 500 parts per million.
    (2) The owner or operator shall record the dates and results of each
compliance test including the background level measured and the maximum
instrument reading measured during each compliance test.
    (g) Reciprocating compressor exemption. Any existing reciprocating
compressor in a process unit or affected facility that becomes an
affected facility under provisions of 40 CFR 60.14 or 60.15 is exempt
from paragraphs (b), (c), and (d) of this section provided the owner or
operator demonstrates that recasting the distance piece or replacing the
compressor are the only options available to bring the compressor into
compliance with the provisions of the above exempted paragraphs of this
section.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]



Sec. 63.1013  Sampling connection systems standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (b) Equipment requirement. Each sampling connection system shall be
equipped with a closed purge, closed loop, or closed vent system, except
as provided in paragraph (d) of this section. Gases displaced during
filling of the sample container are not required to be collected or
captured.
    (c) Equipment design and operation. Each closed-purge, closed-loop,
or closed vent system except as provided in paragraph (d) of this
section shall meet the applicable requirements specified in paragraphs
(c)(1) through (c)(5) of this section.

[[Page 484]]

    (1) The system shall return the purged process fluid directly to a
process line or fuel gas system meeting the compliance determinations in
Sec. 63.1015 or Sec. 63.1002(b) as appropriate; or
    (2) Collect and recycle the purged process fluid to a process; or
    (3) Be designed and operated to capture and transport all the purged
process fluid to a control device that meets the requirements of
Sec. 63.1015; or
    (4) Collect, store, and transport the purged process fluid to a
system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or
(c)(4)(iii) of this section.
    (i) A waste management unit as defined in 40 CFR 63.111 or 40 CFR
part 63, subpart G, if the waste management unit is complying with the
provisions of 40 CFR part 63, subpart G, applicable to group 1
wastewater streams. If the purged process fluid does not contain any
organic HAP listed in table 9 of 40 CFR part 63, subpart G, the waste
management unit need not be subject to, and operated in compliance with
the requirements of 40 CFR part 63, subpart G, applicable to subject
wastewater steams provided the facility has a National Pollution
Discharge Elimination System (NPDES) permit or sends the wastewater to
an NPDES-permitted facility.
    (ii) A treatment, storage, or disposal facility subject to
regulation under 40 CFR part 262, 264, 265, or 266; or
    (iii) A facility permitted, licensed, or registered by a State to
manage municipal or industrial solid waste, if the process fluids are
not hazardous waste as defined in 40 CFR part 261.
    (5) Containers that are part of a closed-purge system must be
covered or closed when not being filled or emptied.
    (d) In-situ sampling systems. In-situ sampling systems and sampling
systems without purges are exempt from the requirements of paragraphs
(b) and (c) of this section.



Sec. 63.1014  Open-ended valves or lines standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (b) Equipment and operational requirements. (1) Each open-ended
valve or line shall be equipped with a cap, blind flange, plug, or a
second valve, except as provided in Sec. 63.1002(b) and paragraphs (c)
and (d) of this section. The cap, blind flange, plug, or second valve
shall seal the open end at all times except during operations requiring
process fluid flow through the open-ended valve or line, or during
maintenance. The operational provisions of paragraphs (b)(2) and (b)(3)
of this section also apply.
    (2) Each open-ended valve or line equipped with a second valve shall
be operated in a manner such that the valve on the process fluid end is
closed before the second valve is closed.
    (3) When a double block and bleed system is being used, the bleed
valve or line may remain open during operations that require venting the
line between the block valves but shall comply with paragraph (b)(1) of
this section at all other times.
    (c) Emergency shutdown exemption. Open-ended valves or lines in an
emergency shutdown system that are designed to open automatically in the
event of a process upset are exempt from the requirements of paragraph
(b) of this section.
    (d) Polymerizing materials exemption. Open-ended valves or lines
containing materials that would autocatalytically polymerize or, would
present an explosion, serious over pressure, or other safety hazard if
capped or equipped with a double block and bleed system as specified in
paragraph (b) of this section are exempt from the requirements of
paragraph (b) of this section.



Sec. 63.1015  Closed vent systems and control devices; or emissions
routed to a fuel gas system or process.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (b) Compliance standard. (1) Owners or operators of closed vent
systems and nonflare control devices used to comply with provisions of
this subpart shall design and operate the closed vent system and
nonflare control devices to reduce emissions of regulated material with
an efficiency of 95 percent or greater or to reduce emissions

[[Page 485]]

of regulated material to a concentration of 20 parts per million by
volume or, for an enclosed combustion device, to provide a minimum of
760  deg.C (1400  deg.F). Owners and operators of closed vent systems
and nonflare control devices used to comply with this subpart shall
comply with the provisions of subpart SS of this part, except as
provided in Sec. 63.1002(b).
    (2) Owners or operators of closed vent systems and flares used to
comply with the provisions of this subpart shall design and operate the
flare as specified in subpart SS of this part, except as provided in
Sec. 63.1002(b).
    (3) Owners or operators routing emissions from equipment leaks to a
fuel gas system or process shall comply with the provisions of subpart
SS of this part, except as provided in Sec. 63.1002(b).



Sec. 63.1016  Alternative means of emission limitation: Enclosed-vented
process units.

    (a) Use of closed vent system and control device. Process units of
affected facilities or portions of process units of affected facilities
enclosed in such a manner that all emissions from equipment leaks are
routed to a process or fuel gas system or collected and vented through a
closed vent system to a control device meeting the requirements of
either Sec. 63.1015 or Sec. 63.1002(b) are exempt from the requirements
of Secs. 63.1006 through 63.1014. The enclosure shall be maintained
under a negative pressure at all times while the process unit or
affected facility is in operation to ensure that all emissions are
routed to a control device.
    (b) Recordkeeping. Owners and operators choosing to comply with the
requirements of this section shall maintain the records specified in
paragraphs (b)(1) through (b)(3) of this section.
    (1) Identification of the process unit(s) or affected facilities and
the regulated materials they handle.
    (2) A schematic of the process unit or affected facility, enclosure,
and closed vent system.
    (3) A description of the system used to create a negative pressure
in the enclosure to ensure that all emissions are routed to the control
device.



Sec. 63.1017  Recordkeeping requirements.

    (a) Recordkeeping system. An owner or operator of more than one
regulated source subject to the provisions of this subpart may comply
with the recordkeeping requirements for these regulated sources in one
recordkeeping system. The recordkeeping system shall identify each
record by regulated source and the type of program being implemented
(e.g., quarterly monitoring) for each type of equipment. The records
required by this subpart are summarized in paragraphs (b) and (c) of
this section.
    (b) General equipment leak records. (1) As specified in
Sec. 63.1003(a) through (d), the owner or operator shall keep general
and specific equipment identification if the equipment is not physically
tagged and the owner or operator is electing to identify the equipment
subject to this subpart through written documentation such as a log or
other designation.
    (2) The owner or operator shall keep a written plan as specified in
Sec. 63.1003(c)(5) for any equipment that is designated as unsafe or
difficult-to-monitor.
    (3) The owner or operator shall maintain the identity and an
explanation as specified in Sec. 63.1003(d)(1) for any equipment that is
designated as unsafe-to-repair.
    (4) As specified in Sec. 63.1003(e), the owner or operator shall
maintain the identity of compressors operating with an instrument
reading of less than 500 parts per million.
    (5) The owner or operator shall keep records for leaking equipment
as specified in Sec. 63.1004(e).
    (6) The owner or operator shall keep records for delay of repair as
specified in Sec. 63.1005(c) and records for leak repair as specified in
Sec. 63.1005(e).
    (c) Specific equipment leak records. (1) For valves, the owner or
operator shall maintain the monitoring schedule for each process unit as
specified in Sec. 63.1006(b), and the records specified in
Sec. 63.1006(e)(4)(i)(B).
    (2) For pumps, the owner or operator shall maintain the records
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
    (i) Documentation of pump visual inspections as specified in
Sec. 63.1007(b)(4).

[[Page 486]]

    (ii) Documentation of dual mechanical seal pump visual inspections
as specified in Sec. 63.1007(e)(1)(v).
    (iii) For the criteria as to the presence and frequency of drips for
dual mechanical seal pumps, records of the design criteria and
explanations and any changes and the reason for the changes, as
specified in Sec. 63.1007(e)(1)(i).
    (3) [Reserved]
    (4) For agitators, the owner or operator shall maintain records
specified in paragraphs (c)(4)(i) and (c)(4)(ii) of this section.
    (i) Documentation of the agitator seal visual inspections as
specified in Sec. 63.1009(b)(3).
    (ii) Documentation of the design criteria and explanations and any
changes and the reason for the changes, as specified in
Sec. 63.1009(e)(1)(vi)(A).
    (5) For pressure relief devices in gas and vapor or light liquid
service, the owner or operator shall keep records of the dates and
results of monitoring following a pressure release, as specified in
Sec. 63.1011(c)(3).
    (6) For compressors, the owner or operator shall maintain the
records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this
section.
    (i) For criteria as to failure of the seal system and/or the barrier
fluid system, record the design criteria and explanations and any
changes and the reason for the changes, as specified in
Sec. 63.1012(d)(2).
    (ii) For compressors operating under the alternative compressor
standard, record the dates and results of each compliance test as
specified in Sec. 63.1012(f)(2).
    (7) For process units complying with the enclosed-vented process
unit alternative, the owner or operator shall maintain the records for
enclosed-vented process units as specified in Sec. 63.1016(b).



Sec. 63.1018  Reporting requirements.

    (a) Periodic reports. The owner or operator shall report the
information specified in paragraphs (a)(1) through (a)(2) of this
section, as applicable, in the periodic report specified in the
referencing subpart.
    (1) The initial Periodic Report shall include the information
specified in paragraphs (a)(1)(i) through (a)(1)(iv) and (a)(2) of this
section.
    (i) Process unit or affected facility identification.
    (ii) Number of valves subject to the requirements of Sec. 63.1006,
excluding those valves designated for no detectable emissions under the
provisions of Sec. 63.1006(e)(4).
    (iii) Number of pumps subject to the requirements of Sec. 63.1007,
excluding those pumps designated for no detectable emissions under the
provisions of Sec. 63.1007(e)(2) and those pumps complying with the
closed vent system provisions of Sec. 63.1007(e)(3).
    (iv) Number of compressors subject to the requirements of
Sec. 63.1012, excluding those compressors designated for no detectable
emissions under the provisions of Sec. 63.1012(f) and those compressors
complying with the closed vent system provisions of Sec. 63.1012(e).
    (2) Each periodic report shall contain the information listed in
paragraphs (a)(2)(i) through (a)(2)(iv) of this section, as applicable.
    (i) Process unit identification.
    (ii) For each month during the semiannual reporting period,
    (A) Number of valves for which leaks were detected as described in
Sec. 63.1006(b),
    (B) Number of valves for which leaks were not repaired as required
in Sec. 63.1006(d),
    (C) Number of pumps for which leaks were detected as described in
Sec. 63.1007(b) and Sec. 63.1007(e)(1)(vi),
    (D) Number of pumps for which leaks were not repaired as required in
Secs. 63.1007(d) and (e)(5),
    (E) Number of compressors for which leaks were detected as described
in Sec. 63.1012(d)(1),
    (F) Number of compressors for which leaks were not repaired as
required in Sec. 63.1012(d)(1), and
    (G) The facts that explain each delay of repair and, where
appropriate, why the repair was technically infeasible without a process
unit or affected facility shutdown.
    (iii) Dates of process unit or affected facility shutdowns which
occurred within the periodic report reporting period.

[[Page 487]]

    (iv) Revisions to items reported according to paragraph (a)(1) of
this section if changes have occurred since the initial report or
subsequent revisions to the initial report.
    (b) Special notifications. An owner or operator electing to comply
with either of the alternatives in Sec. 63.1006(b)(5) or (6) shall
notify the Administrator of the alternative standard selected before
implementing either of the provisions.



Subpart UU_National Emission Standards for Equipment Leaks_Control Level
                               2 Standards

    Source: 64 FR 34899, June 29, 1999, unless otherwise noted.



Sec. 63.1019  Applicability.

    (a) The provisions of this subpart apply to the control of air
emissions from equipment leaks for which another subpart references the
use of this subpart for such air emission control. These air emission
standards for equipment leaks are placed here for administrative
convenience and only apply to those owners and operators of facilities
subject to a referencing subpart. The provisions of 40 CFR part 63,
subpart A (General Provisions) do not apply to this subpart except as
noted in the referencing subpart.
    (b) Equipment subject to this subpart. The provisions of this
subpart and the referencing subpart apply to equipment that contains or
contacts regulated material. This subpart applies to pumps, compressors,
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, instrumentation systems, and
closed vent systems and control devices used to meet the requirements of
this subpart.
    (c) Equipment in vacuum service. Equipment in vacuum service is
excluded from the requirements of this subpart.
    (d) Equipment in service less than 300 hours per calendar year.
Equipment intended to be in regulated material service less than 300
hours per calendar year is excluded from the requirements of
Secs. 63.1025 through 63.1034 and Sec. 63.1036 if it is identified as
required in Sec. 63.1022(b)(5).
    (e) Lines and equipment not containing process fluids. Lines and
equipment not containing process fluids are not subject to the
provisions of this subpart. Utilities, and other non-process lines, such
as heating and cooling systems that do not combine their materials with
those in the processes they serve, are not considered to be part of a
process unit or affected facility.
    (f) Implementation and enforcement. This subpart can be implemented
and enforced by the U.S. Environmental Protection Agency (EPA), or a
delegated authority such as the applicable State, local, or tribal
agency. If the EPA Administrator has delegated authority to a State,
local, or tribal agency, then that agency has the authority to implement
and enforce this subpart. Contact the applicable EPA Regional Office to
find out if this subpart is delegated to a State, local, or tribal
agency.
    (1) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under section 40 CFR part
63, subpart E, the authorities contained in paragraphs (f)(i) through
(v) of this section are retained by the EPA Administrator and are not
transferred to the State, local, or tribal agency.
    (i) Approval of alternatives to the nonopacity emissions standards
in Secs. 63.1022 through 62.1034, under Sec. 63.6(g), and the standards
for quality improvement programs in Sec. 63.1035. Where these standards
reference another subpart, the cited provisions will be delegated
according to the delegation provisions of the referenced subpart.
    (ii) [Reserved]
    (iii) Approval of major changes to test methods under
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (iv) Approval of major changes to monitoring under Sec. 63.8(f) and
as defined in Sec. 63.90.
    (v) Approval of major changes to recordkeeping and reporting under
Sec. 63.10(f) and as defined in Sec. 63.90.

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

[[Page 488]]



Sec. 63.1020  Definitions.

    All terms used in this part shall have the meaning given them in the
Act and in this section.
    Batch process means a process in which the equipment is fed
intermittently or discontinuously. Processing then occurs in this
equipment after which the equipment is generally emptied. Examples of
industries that use batch processes include pharmaceutical production
and pesticide production.
    Batch product-process equipment train means the collection of
equipment (e.g., connectors, reactors, valves, pumps, etc.) configured
to produce a specific product or intermediate by a batch process.
    Car-seal means a seal that is placed on a device that is used to
change the position of a valve (e.g., from opened to closed) in such a
way that the position of the valve cannot be changed without breaking
the seal.
    Closed-loop system means an enclosed system that returns process
fluid to the process and is not vented directly to the atmosphere.
    Closed-purge system means a system or combination of systems and
portable containers to capture purged liquids. Containers must be
covered or closed when not being filled or emptied.
    Closed-vent system means a system that is not open to the atmosphere
and is composed of piping, ductwork, connections, and, if necessary,
flow inducing devices that transport gas or vapor from an emission point
to a control device.
    Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or boiler, used for the combustion
of organic emissions.
    Connector means flanged, screwed, or other joined fittings used to
connect two pipelines or a pipeline and a piece of equipment. A common
connector is a flange. Joined fittings welded completely around the
circumference of the interface are not considered connectors for the
purpose of this regulation. For the purpose of reporting and
recordkeeping, connector means joined fittings that are not
inaccessible, ceramic, or ceramic-lined (e.g., porcelain, glass, or
glass-lined) as described in Sec. 63.1027(e)(2).
    Continuous parameter monitoring system (CPMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of this part, used to sample, condition (if
applicable), analyze, and provide a record of process or control system
parameters.
    Control device means any combustion device, recovery device,
recapture device, or any combination of these devices used to comply
with this part. Such equipment or devices include, but are not limited
to, absorbers, carbon adsorbers, condensers, incinerators, flares,
boilers, and process heaters. Primary condensers on steam strippers or
fuel gas systems are not considered control devices.
    Distance piece means an open or enclosed casing through which the
piston rod travels, separating the compressor cylinder from the
crankcase.
    Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the two
block valves.
    Equipment means each pump, compressor, agitator, pressure relief
device, sampling connection system, open-ended valve or line, valve,
connector, and instrumentation system in regulated material service; and
any control devices or systems used to comply with this subpart.
    First attempt at repair, for the purposes of this subpart, means to
take action for the purpose of stopping or reducing leakage of organic
material to the atmosphere, followed by monitoring as specified in
Secs. 63.1023(b) and (c) of this subpart in to verify whether the leak
is repaired, unless the owner or operator determines by other means that
the leak is not repaired.
    Fuel gas means gases that are combusted to derive useful work or
heat.
    Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use a fuel gas in combustion
equipment, such as furnaces and gas turbines, either singly or in
combination.

[[Page 489]]

    In food and medical service means that a piece of equipment in
regulated material service contacts a process stream used to manufacture
a Food and Drug Administration regulated product where leakage of a
barrier fluid into the process stream would cause any of the following:
    (1) A dilution of product quality so that the product would not meet
written specifications,
    (2) An exothermic reaction which is a safety hazard,
    (3) The intended reaction to be slowed down or stopped, or
    (4) An undesired side reaction to occur.
    In gas and vapor service means that a piece of equipment in
regulated material service contains a gas or vapor at operating
conditions.
    In heavy liquid service means that a piece of equipment in regulated
material service is not in gas and vapor service or in light liquid
service.
    In light liquid service means that a piece of equipment in regulated
material service contains a liquid that meets the following conditions:
    (1) The vapor pressure of one or more of the organic compounds is
greater than 0.3 kilopascals at 20  deg.C,
    (2) The total concentration of the pure organic compounds
constituents having a vapor pressure greater than 0.3 kilopascals at 20
deg.C is equal to or greater than 20 percent by weight of the total
process stream, and
    (3) The fluid is a liquid at operating conditions.

    (Note to definition of ``in light liquid service'': Vapor pressures
may be determined by standard reference texts or ASTM D-2879.)

    In liquid service means that a piece of equipment in regulated
material service is not in gas and vapor service.
    In organic hazardous air pollutant or in organic HAP service means
that piece of equipment either contains or contracts a fluid (liquid or
gas) that is at least 5 percent by weight of total organic HAP's as
determined according to the provisions of Sec. 63.180(d) of subpart H.
The provisions of Sec. 63.180(d) of subpart H also specify how to
determine that a piece of equipment is not in organic HAP service.
    In regulated material service means, for the purposes of this
subpart, equipment which meets the definition of ``in VOC service,''
``in VHAP service,'' ``in organic hazardous air pollutant service,'' or
``in'' other chemicals or groups of chemicals ``service'' as defined in
the referencing subpart.
    In-situ sampling systems means nonextractive samplers or in-line
samplers.
    In vacuum service means that equipment is operating at an internal
pressure which is at least 5 kilopascals below ambient pressure.
    Initial startup means for new sources, the first time the source
begins production. For additions or changes not defined as a new source
by this subpart, initial startup means the first time additional or
changed equipment is put into operation. Initial startup does not
include operation solely for testing of equipment. Initial startup does
not include subsequent startup of process units following malfunction or
process unit shutdowns. Except for equipment leaks, initial startup also
does not include subsequent startups (of process units following changes
in product for flexible operation units or following recharging of
equipment in batch unit operations).
    Instrumentation system means a group of equipment components used to
condition and convey a sample of the process fluid to analyzers and
instruments for the purpose of determining process operating conditions
(e.g., composition, pressure, flow, etc.). Valves and connectors are the
predominant type of equipment used in instrumentation systems; however,
other types of equipment may also be included in these systems. Only
valves nominally 1.27 centimeters (0.5 inches) and smaller, and
connectors nominally 1.91 centimeters (0.75 inches) and smaller in
diameter are considered instrumentation systems for the purposes of this
subpart. Valves greater than nominally 1.27 centimeters (0.5 inches) and
connectors greater than nominally 1.91 centimeters (0.75 inches)
associated with instrumentation systems are not considered part of
instrumentation systems and must be monitored individually.

[[Page 490]]

    Liquids dripping means any visible leakage from the seal including
dripping, spraying, misting, clouding, and ice formation. Indications of
liquids dripping include puddling or new stains that are indicative of
an existing evaporated drip.
    Nonrepairable means that it is technically infeasible to repair a
piece of equipment from which a leak has been detected without a process
unit or affected facility shutdown.
    Open-ended valve or line means any valve, except relief valves,
having one side of the valve seat in contact with process fluid and one
side open to atmosphere, either directly or through open piping.
    Organic monitoring device means a unit of equipment used to indicate
the concentration level of organic compounds based on a detection
principle such as infra-red, photoionization, or thermal conductivity.
    Polymerizing monomer means a compound which may form polymer buildup
in pump mechanical seals resulting in rapid mechanical seal failure.
    Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the relief
device. This release can be one release or a series of releases over a
short time period due to a malfunction in the process.
    Pressure relief device or valve means a safety device used to
prevent operating pressures from exceeding the maximum allowable working
pressure of the process equipment. A common pressure relief device is a
spring-loaded pressure relief valve. Devices that are actuated either by
a pressure of less than or equal to 2.5 pounds per square inch gauge or
by a vacuum are not pressure relief devices.
    Process unit means the equipment specified in the definitions of
process unit in the applicable referencing subpart. If the referencing
subpart does not define process unit, then for the purposes of this
part, process unit means the equipment assembled and connected by pipes
or ducts to process raw materials and to manufacture an intended
product.
    Process unit shutdown means a work practice or operational procedure
that stops production from a process unit, or part of a process unit
during which it is technically feasible to clear process material from a
process unit, or part of a process unit, consistent with safety
constraints and during which repairs can be affected. The following are
not considered process unit shutdowns:
    (1) An unscheduled work practice or operations procedure that stops
production from a process unit, or part of a process unit, for less than
24 hours.
    (2) An unscheduled work practice or operations procedure that would
stop production from a process unit, or part of a process unit, for a
shorter period of time than would be required to clear the process unit,
or part of the process unit, of materials and start up the unit, and
would result in greater emissions than delay of repair of leaking
components until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing of
equipment without stopping production.
    Referencing subpart means the subpart that refers an owner or
operator to this subpart.
    Regulated material, for purposes of this part, refers to gas from
volatile organic liquids (VOL), volatile organic compounds (VOC),
hazardous air pollutants (HAP), or other chemicals or groups of
chemicals that are regulated by the referencing subpart.
    Regulated source for the purposes of this part, means the stationary
source, the group of stationary sources, or the portion of a stationary
source that is regulated by a referencing subpart.
    Relief device or valve means a valve used only to release an
unplanned, nonroutine discharge. A relief valve discharge can result
from an operator error, a malfunction such as a power failure or
equipment failure, or other unexpected cause that requires immediate
venting of gas from process equipment in order to avoid safety hazards
or equipment damage.
    Repaired, for the purposes of this subpart, means that equipment is
adjusted, or otherwise altered, to eliminate a leak as defined in the
applicable sections of this subpart and unless otherwise specified in
applicable provisions of this subpart, is monitored as specified in
Secs. 63.1023(b) and (c) to verify

[[Page 491]]

that emissions from the equipment are below the applicable leak
definition.
    Routed to a process or route to a process means the emissions are
conveyed to any enclosed portion of a process unit where the emissions
are predominantly recycled and/or consumed in the same manner as a
material that fulfills the same function in the process and/or
transformed by chemical reaction into materials that are not regulated
materials and/or incorporated into a product; and/or recovered.
    Sampling connection system means an assembly of equipment within a
process unit or affected facility used during periods of representative
operation to take samples of the process fluid. Equipment used to take
nonroutine grab samples is not considered a sampling connection system.
    Screwed (threaded) connector means a threaded pipe fitting where the
threads are cut on the pipe wall and the fitting requires only two
pieces to make the connection (i.e., the pipe and the fitting).
    Sensor means a device that measures a physical quantity or the
change in a physical quantity, such as temperature, pressure, flow rate,
pH, or liquid level.
    Set pressure means for the purposes of this subpart, the pressure at
which a properly operating pressure relief device begins to open to
relieve atypical process system operating pressure.
    Start-up means the setting into operation of a piece of equipment or
a control device that is subject to this subpart.



Sec. 63.1021  Alternative means of emission limitation.

    (a) Performance standard exemption. The provisions of paragraph (b)
of this section do not apply to the performance standards of
Sec. 63.1030(b) for pressure relief devices or Sec. 63.1031(f) for
compressors operating under the alternative compressor standard.
    (b) Requests by owners or operators. An owner or operator may
request a determination of alternative means of emission limitation to
the requirements of Secs. 63.1025 through 63.1034 as provided in
paragraph (d) of this section. If the Administrator makes a
determination that a means of emission limitation is a permissible
alternative, the owner or operator shall either comply with the
alternative or comply with the requirements of Secs. 63.1025 through
63.1034.
    (c) Requests by manufacturers of equipment. (1) Manufacturers of
equipment used to control equipment leaks of the regulated material may
apply to the Administrator for permission for an alternative means of
emission limitation that achieves a reduction in emissions of the
regulated material achieved by the equipment, design, and operational
requirements of this subpart.
    (2) The Administrator will grant permission according to the
provisions of paragraph (d) of this section.
    (d) Permission to use an alternative means of emission limitation.
Permission to use an alternative means of emission limitation shall be
governed by the procedures in paragraphs (d)(1) through (d)(4) of this
section.
    (1) Where the standard is an equipment, design, or operational
requirement, the requirements of paragraphs (d)(1)(i) through
(d)(1)(iii) of this section apply.
    (i) Each owner or operator applying for permission to use an
alternative means of emission limitation shall be responsible for
collecting and verifying emission performance test data for an
alternative means of emission limitation.
    (ii) The Administrator will compare test data for the means of
emission limitation to test data for the equipment, design, and
operational requirements.
    (iii) The Administrator may condition the permission on requirements
that may be necessary to ensure operation and maintenance to achieve at
least the same emission reduction as the equipment, design, and
operational requirements of this subpart.
    (2) Where the standard is a work practice, the requirements of
paragraphs (d)(2)(i) through (d)(2)(vi) of this section apply.
    (i) Each owner or operator applying for permission to use an
alternative means of emission limitation shall be responsible for
collecting and verifying test data for the alternative.
    (ii) For each kind of equipment for which permission is requested,
the

[[Page 492]]

emission reduction achieved by the required work practices shall be
demonstrated for a minimum period of 12 months.
    (iii) For each kind of equipment for which permission is requested,
the emission reduction achieved by the alternative means of emission
limitation shall be demonstrated.
    (iv) Each owner or operator applying for such permission shall
commit, in writing, for each kind of equipment to work practices that
provide for emission reductions equal to or greater than the emission
reductions achieved by the required work practices.
    (v) The Administrator will compare the demonstrated emission
reduction for the alternative means of emission limitation to the
demonstrated emission reduction for the required work practices and will
consider the commitment in paragraph (d)(2)(iv) of this section.
    (vi) The Administrator may condition the permission on requirements
that may be necessary to ensure operation and maintenance to achieve the
same or greater emission reduction as the required work practices of
this subpart.
    (3) An owner or operator may offer a unique approach to demonstrate
the alternative means of emission limitation.
    (4) If, in the judgement of the Administrator, an alternative means
of emission limitation will be approved, the Administrator will publish
a notice of the determination in the Federal Register using the
procedures specified in the referencing subpart.



Sec. 63.1022  Equipment identification.

    (a) General equipment identification. Equipment subject to this
subpart shall be identified. Identification of the equipment does not
require physical tagging of the equipment. For example, the equipment
may be identified on a plant site plan, in log entries, by designation
of process unit or affected facility boundaries by some form of
weatherproof identification, or by other appropriate methods.
    (b) Additional equipment identification. In addition to the general
identification required by paragraph (a) of this section, equipment
subject to any of the provisions in Secs. 63.1023 through 63.1034 shall
be specifically identified as required in paragraphs (b)(1) through
(b)(5) of this section, as applicable. This paragraph does not apply to
an owner or operator of a batch product process who elects to pressure
test the batch product process equipment train pursuant to Sec. 63.1036.
    (1) Connectors. Except for inaccessible, ceramic, or ceramic-lined
connectors meeting the provision of Sec. 63.1027(e)(2) and
instrumentation systems identified pursuant to paragraph (b)(4) of this
section, identify the connectors subject to the requirements of this
subpart. Connectors need not be individually identified if all
connectors in a designated area or length of pipe subject to the
provisions of this subpart are identified as a group, and the number of
connectors subject is indicated. With respect to connectors, the
identification shall be complete no later than the completion of the
initial survey required by paragraph (a) of this section.
    (2) Routed to a process or fuel gas system or equipped with a closed
vent system and control device. Identify the equipment that the owner or
operator elects to route to a process or fuel gas system or equip with a
closed vent system and control device, under the provisions of
Sec. 63.1026(e)(3) (pumps in light liquid service), Sec. 63.1028(e)(3)
(agitators), Sec. 63.1030(d) (pressure relief devices in gas and vapor
service), Sec. 63.1031(e) (compressors), or Sec. 63.1037(a) (alternative
means of emission limitation for enclosed-vented process units).
    (3) Pressure relief devices. Identify the pressure relief devices
equipped with rupture disks, under the provisions of Sec. 63.1030(e).
    (4) Instrumentation systems. Identify instrumentation systems
subject to the provisions of Sec. 63.1029 of this subpart. Individual
components in an instrumentation system need not be identified.
    (5) Equipment in service less than 300 hours per calendar year. The
identity, either by list, location (area or group), or other method, of
equipment in regulated material service less than 300 hours per calendar
year within a process unit or affected facilities subject to

[[Page 493]]

the provisions of this subpart shall be recorded.
    (c) Special equipment designations: Equipment that is unsafe or
difficult-to-monitor--(1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec. 63.1025(e)(1), pumps
meeting the provisions of Sec. 63.1026(e)(6), connectors meeting the
provisions of Sec. 63.1027(e)(1), and agitators meeting the provisions
of Sec. 63.1028(e)(7) may be designated unsafe-to-monitor if the owner
or operator determines that monitoring personnel would be exposed to an
immediate danger as a consequence of complying with the monitoring
requirements of this subpart. Examples of unsafe-to-monitor equipment
include, but is not limited to, equipment under extreme pressure or
heat.
    (2) Designation and criteria for difficult-to-monitor. Valves
meeting the provisions of Sec. 63.1025(e)(2) may be designated
difficult-to-monitor if the provisions of paragraph (c)(2)(i) apply.
Agitators meeting the provisions of Sec. 63.1028(e)(5) may be designated
difficult-to-monitor if the provisions of paragraph (c)(2)(ii) apply.
    (i) Valves. (A) The owner or operator of the valve determines that
the valve cannot be monitored without elevating the monitoring personnel
more than 2 meters (7 feet) above a support surface or it is not
accessible in a safe manner when it is in regulated material service;
and
    (B) The process unit or affected facility within which the valve is
located is an existing source, or the owner or operator designates less
than 3 percent of the total number of valves in a new source as
difficult-to-monitor.
    (ii) Agitators. The owner or operator determines that the agitator
cannot be monitored without elevating the monitoring personnel more than
2 meters (7 feet) above a support surface or it is not accessible in a
safe manner when it is in regulated material service.
    (3) Identification of unsafe or difficult-to-monitor equipment. The
owner or operator shall record the identity of equipment designated as
unsafe-to-monitor according to the provisions of paragraph (c)(1) of
this section and the planned schedule for monitoring this equipment. The
owner or operator shall record the identity of equipment designated as
difficult-to-monitor according to the provisions of paragraph (c)(2) of
this section, the planned schedule for monitoring this equipment, and an
explanation why the equipment is unsafe or difficult-to-monitor. This
record must be kept at the plant and be available for review by an
inspector.
    (4) Written plan requirements. (i) The owner or operator of
equipment designated as unsafe-to-monitor according to the provisions of
paragraph (c)(1) of this section shall have a written plan that requires
monitoring of the equipment as frequently as practical during safe-to-
monitor times, but not more frequently than the periodic monitoring
schedule otherwise applicable, and repair of the equipment according to
the procedures in Sec. 63.1024 if a leak is detected.
    (ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section
shall have a written plan that requires monitoring of the equipment at
least once per calendar year and repair of the equipment according to
the procedures in Sec. 63.1024 if a leak is detected.
    (d) Special equipment designations: Equipment that is unsafe-to-
repair--(1) Designation and criteria. Connectors subject to the
provisions of Sec. 63.1024(e) may be designated unsafe-to-repair if the
owner or operator determines that repair personnel would be exposed to
an immediate danger as a consequence of complying with the repair
requirements of this subpart, and if the connector will be repaired
before the end of the next process unit or affected facility shutdown as
specified in Sec. 63.1024(e)(2).
    (2) Identification of equipment. The identity of connectors
designated as unsafe-to-repair and an explanation why the connector is
unsafe-to-repair shall be recorded.
    (e) Special equipment designations: Compressors operating with an
instrument reading of less than 500 parts per million above background.
Identify the compressors that the owner or operator elects to designate
as operating with an instrument reading of less than 500 parts per
million above background, under the provisions of Sec. 63.1031(f).

[[Page 494]]

    (f) Special equipment designations: Equipment in heavy liquid
service. The owner or operator of equipment in heavy liquid service
shall comply with the requirements of either paragraph (f)(1) or (f)(2)
of this section, as provided in paragraph (f)(3) of this section.
    (1) Retain information, data, and analyses used to determine that a
piece of equipment is in heavy liquid service.
    (2) When requested by the Administrator, demonstrate that the piece
of equipment or process is in heavy liquid service.
    (3) A determination or demonstration that a piece of equipment or
process is in heavy liquid service shall include an analysis or
demonstration that the process fluids do not meet the definition of ``in
light liquid service.'' Examples of information that could document this
include, but are not limited to, records of chemicals purchased for the
process, analyses of process stream composition, engineering
calculations, or process knowledge.



Sec. 63.1023  Instrument and sensory monitoring for leaks.

    (a) Monitoring for leaks. The owner or operator of a regulated
source subject to this subpart shall monitor regulated equipment as
specified in paragraph (a)(1) of this section for instrument monitoring
and paragraph (a)(2) of this section for sensory monitoring.
    (1) Instrument monitoring for leaks. (i) Valves in gas and vapor
service and in light liquid service shall be monitored pursuant to
Sec. 63.1025(b).
    (ii) Pumps in light liquid service shall be monitored pursuant to
Sec. 63.1026(b).
    (iii) Connectors in gas and vapor service and in light liquid
service shall be monitored pursuant to Sec. 63.1027(b).
    (iv) Agitators in gas and vapor service and in light liquid service
shall be monitored pursuant to Sec. 63.1028(c).
    (v) Pressure relief devices in gas and vapor service shall be
monitored pursuant to Sec. 63.1030(c).
    (vi) Compressors designated to operate with an instrument reading
less than 500 parts per million above background, as described in
Sec. 63.1022(e), shall be monitored pursuant to Sec. 63.1031(f).
    (2) Sensory monitoring for leaks. (i) Pumps in light liquid service
shall be observed pursuant to Secs. 63.1026(b)(4) and (e)(1)(v).
    (ii) [Reserved]
    (iii) Agitators in gas and vapor service and in light liquid service
shall be observed pursuant to Sec. 63.1028(c)(3) or (e)(1)(iv).
    (iv) [Reserved]
    (b) Instrument monitoring methods. Instrument monitoring, as
required under this subpart, shall comply with the requirements
specified in paragraphs (b)(1) through (b)(6) of this section.
    (1) Monitoring method. Monitoring shall comply with Method 21 of 40
CFR part 60, appendix A, except as otherwise provided in this section.
    (2) Detection instrument performance criteria. (i) Except as
provided for in paragraph (b)(2)(ii) of this section, the detection
instrument shall meet the performance criteria of Method 21 of 40 CFR
part 60, appendix A, except the instrument response factor criteria in
section 3.1.2, paragraph (a) of Method 21 shall be for the
representative composition of the process fluid not each individual VOC
in the stream. For process streams that contain nitrogen, air, water or
other inerts that are not HAP or VOC, the representative stream response
factor shall be determined on an inert-free basis. The response factor
may be determined at any concentration for which monitoring for leaks
will be conducted.
    (ii) If there is no instrument commercially available that will meet
the performance criteria specified in paragraph (b)(2)(i) of this
section, the instrument readings may be adjusted by multiplying by the
representative response factor of the process fluid, calculated on an
inert-free basis as described in paragraph (b)(2)(i) of this section.
    (3) Detection instrument calibration procedure. The detection
instrument shall be calibrated before use on each day of its use by the
procedures specified in Method 21 of 40 CFR part 60, appendix A.
    (4) Detection instrument calibration gas. Calibration gases shall be
zero air (less than 10 parts per million of hydrocarbon in air); and the
gases specified

[[Page 495]]

in paragraph (b)(4)(i) of this section except as provided in paragraph
(b)(4)(ii) of this section.
    (i) Mixtures of methane in air at a concentration no more than 2,000
parts per million greater than the leak definition concentration of the
equipment monitored. If the monitoring instrument's design allows for
multiple calibration scales, then the lower scale shall be calibrated
with a calibration gas that is no higher than 2,000 parts per million
above the concentration specified as a leak, and the highest scale shall
be calibrated with a calibration gas that is approximately equal to
10,000 parts per million. If only one scale on an instrument will be
used during monitoring, the owner or operator need not calibrate the
scales that will not be used during that day's monitoring.
    (ii) A calibration gas other than methane in air may be used if the
instrument does not respond to methane or if the instrument does not
meet the performance criteria specified in paragraph (b)(2)(i) of this
section. In such cases, the calibration gas may be a mixture of one or
more of the compounds to be measured in air.
    (5) Monitoring performance. Monitoring shall be performed when the
equipment is in regulated material service or is in use with any other
detectable material.
    (6) Monitoring data. Monitoring data obtained prior to the regulated
source becoming subject to the referencing subpart that do not meet the
criteria specified in paragraphs (b)(1) through (b)(5) of this section
may still be used to qualify initially for less frequent monitoring
under the provisions in Sec. 63.1025(a)(2), (b)(3) or (b)(4) for valves
or Sec. 63.1027(b)(3) for connectors provided the departures from the
criteria or from the specified monitoring frequency of
Sec. 63.1025(b)(3) or (b)(4) or Sec. 63.1027(b)(3) are minor and do not
significantly affect the quality of the data. Examples of minor
departures are monitoring at a slightly different frequency (such as
every 6 weeks instead of monthly or quarterly), following the
performance criteria of section 3.1.2, paragraph (a) of Method 21 of
appendix A of 40 CFR part 60 instead of paragraph (b)(2) of this
section, or monitoring using a different leak definition if the data
would indicate the presence or absence of a leak at the concentration
specified in this subpart. Failure to use a calibrated instrument is not
considered a minor departure.
    (c) Instrument monitoring using background adjustments. The owner or
operator may elect to adjust or not to adjust the instrument readings
for background. If an owner or operator elects not to adjust instrument
readings for background, the owner or operator shall monitor the
equipment according to the procedures specified in paragraphs (b)(1)
through (b)(5) of this section. In such cases, all instrument readings
shall be compared directly to the applicable leak definition for the
monitored equipment to determine whether there is a leak or to determine
compliance with Sec. 63.1030(b) (pressure relief devices) or
Sec. 63.1031(f) (alternative compressor standard). If an owner or
operator elects to adjust instrument readings for background, the owner
or operator shall monitor the equipment according to the procedures
specified in paragraphs (c)(1) through (c)(4) of this section.
    (1) The requirements of paragraphs (b)(1) through (b)(5) of this
section shall apply.
    (2) The background level shall be determined, using the procedures
in Method 21 of 40 CFR part 60, appendix A.
    (3) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Method 21 of 40 CFR part 60, appendix A.
    (4) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level shall be compared
to the applicable leak definition for the monitored equipment to
determine whether there is a leak or to determine compliance with
Sec. 63.1030(b) (pressure relief devices) or Sec. 63.1031(f)
(alternative compressor standard).
    (d) Sensory monitoring methods. Sensory monitoring consists of
visual, audible, olfactory, or any other detection method used to
determine a potential leak to the atmosphere.

[[Page 496]]

    (e) Leaking equipment identification and records. (1) When each leak
is detected pursuant to the monitoring specified in paragraph (a) of
this section, a weatherproof and readily visible identification, shall
be attached to the leaking equipment.
    (2) When each leak is detected, the information specified in
Sec. 63.1024(f) shall be recorded and kept pursuant to the referencing
subpart, except for the information for connectors complying with the 8
year monitoring period allowed under Sec. 63.1027(b)(3)(iii) shall be
kept 5 years beyond the date of its last use.



Sec. 63.1024  Leak repair.

    (a) Leak repair schedule. The owner or operator shall repair each
leak detected as soon as practical, but not later than 15 calendar days
after it is detected, except as provided in paragraphs (d) and (e) of
this section. A first attempt at repair as defined in this subpart shall
be made no later than 5 calendar days after the leak is detected. First
attempt at repair for pumps includes, but is not limited to, tightening
the packing gland nuts and/or ensuring that the seal flush is operating
at design pressure and temperature. First attempt at repair for valves
includes, but is not limited to, tightening the bonnet bolts, and/or
replacing the bonnet bolts, and/or tightening the packing gland nuts,
and/or injecting lubricant into the lubricated packing.
    (b) [Reserved]
    (c) Leak identification removal--(1) Valves and connectors in gas/
vapor and light liquid service. The leak identification on a valve in
gas/vapor or light liquid service may be removed after it has been
monitored as specified in Sec. 63.1025(d)(2), and no leak has been
detected during that monitoring. The leak identification on a connector
in gas/vapor or light liquid service may be removed after it has been
monitored as specified in Sec. 63.1027(b)(3)(iv) and no leak has been
detected during that monitoring.
    (2) Other equipment. The identification that has been placed,
pursuant to Sec. 63.1023(e)(1), on equipment determined to have a leak,
except for a valve or for a connector in gas/vapor or light liquid
service that is subject to the provisions of Sec. 63.1027(b)(3)(iv), may
be removed after it is repaired.
    (d) Delay of repair. Delay of repair is allowed for any of the
conditions specified in paragraphs (d)(1) through (d)(5) of this
section. The owner or operator shall maintain a record of the facts that
explain any delay of repairs and, where appropriate, why the repair was
technically infeasible without a process unit shutdown.
    (1) Delay of repair of equipment for which leaks have been detected
is allowed if repair within 15 days after a leak is detected is
technically infeasible without a process unit or affected facility
shutdown. Repair of this equipment shall occur as soon as practical, but
no later than the end of the next process unit or affected facility
shutdown, except as provided in paragraph (d)(5) of this section.
    (2) Delay of repair of equipment for which leaks have been detected
is allowed for equipment that is isolated from the process and that does
not remain in regulated material service.
    (3) Delay of repair for valves, connectors, and agitators is also
allowed if the provisions of paragraphs (d)(3)(i) and (d)(3)(ii) of this
section are met.
    (i) The owner or operator determines that emissions of purged
material resulting from immediate repair would be greater than the
fugitive emissions likely to result from delay of repair, and
    (ii) When repair procedures are effected, the purged material is
collected and destroyed, collected and routed to a fuel gas system or
process, or recovered in a control device complying with either
Sec. 63.1034 or Sec. 63.1021(b) of this part.
    (4) Delay of repair for pumps is also allowed if the provisions of
paragraphs (d)(4)(i) and (d)(4)(ii) of this section are met.
    (i) Repair requires replacing the existing seal design with a new
system that the owner or operator has determined under the provisions of
Sec. 63.1035(d) will provide better performance or one of the
specifications of paragraphs (d)(4)(i)(A) through (d)(4)(i)(C) of this
section are met.

[[Page 497]]

    (A) A dual mechanical seal system that meets the requirements of
Sec. 63.1026(e)(1) will be installed;
    (B) A pump that meets the requirements of Sec. 63.1026(e)(2) will be
installed; or
    (C) A system that routes emissions to a process or a fuel gas system
or a closed vent system and control device that meets the requirements
of Sec. 63.1026(e)(3) will be installed; and
    (ii) Repair is completed as soon as practical, but not later than 6
months after the leak was detected.
    (5) Delay of repair beyond a process unit or affected facility
shutdown will be allowed for a valve if valve assembly replacement is
necessary during the process unit or affected facility shutdown, and
valve assembly supplies have been depleted, and valve assembly supplies
had been sufficiently stocked before the supplies were depleted. Delay
of repair beyond the second process unit or affected facility shutdown
will not be allowed unless the third process unit or affected facility
shutdown occurs sooner than 6 months after the first process unit or
affected facility shutdown.
    (e) Unsafe-to-repair--connectors. Any connector that is designated,
as described in Sec. 63.1022(d), as an unsafe-to-repair connector is
exempt from the requirements of Sec. 63.1027(d), and paragraph (a) of
this section.
    (f) Leak repair records. For each leak detected, the information
specified in paragraphs (f)(1) through (f)(5) of this section shall be
recorded and maintained pursuant to the referencing subpart.
    (1) The date of first attempt to repair the leak.
    (2) The date of successful repair of the leak.
    (3) Maximum instrument reading measured by Method 21 of 40 CFR part
60, appendix A at the time the leak is successfully repaired or
determined to be nonrepairable.
    (4) ``Repair delayed'' and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak as
specified in paragraphs (f)(4)(i) and (f)(4)(ii) of this section.
    (i) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. The written
procedures may be included as part of the startup, shutdown, and
malfunction plan, as required by the referencing subpart for the source,
or may be part of a separate document that is maintained at the plant
site. In such cases, reasons for delay of repair may be documented by
citing the relevant sections of the written procedure.
    (ii) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked on-site before depletion and the reason for depletion.
    (5) Dates of process unit or affected facility shutdowns that occur
while the equipment is unrepaired.



Sec. 63.1025  Valves in gas and vapor service and in light liquid
service standards.

    (a) Compliance schedule. (1) The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (2) The use of monitoring data generated before the regulated source
became subject to the referencing subpart to qualify initially for less
frequent monitoring is governed by the provisions of Sec. 63.1023(b)(6).
    (b) Leak detection. Unless otherwise specified in Sec. 63.1021(b) or
paragraph (e) of this section, or the referencing subpart, the owner or
operator shall monitor all valves at the intervals specified in
paragraphs (b)(3) and/or (b)(4) of this section and shall comply with
all other provisions of this section.
    (1) Monitoring method. The valves shall be monitored to detect leaks
by the method specified in Sec. 63.1023(b) and, as applicable,
Sec. 63.1023(c).
    (2) Instrument reading that defines a leak. The instrument reading
that defines a leak is 500 parts per million or greater.
    (3) Monitoring frequency. The owner or operator shall monitor valves
for leaks at the intervals specified in paragraphs (b)(3)(i) through
(b)(3)(v) of this section and shall keep the record specified in
paragraph (b)(3)(vi) of this section.
    (i) If at least the greater of 2 valves or 2 percent of the valves
in a process unit leak, as calculated according to paragraph (c) of this
section, the owner

[[Page 498]]

or operator shall monitor each valve once per month.
    (ii) At process units with less than the greater of 2 leaking valves
or 2 percent leaking valves, the owner or operator shall monitor each
valve once each quarter, except as provided in paragraphs (b)(3)(iii)
through (b)(3)(v) of this section. Monitoring data generated before the
regulated source became subject to the referencing subpart and meeting
the criteria of either Sec. 63.1023(b)(1) through (b)(5), or
Sec. 63.1023(b)(6), may be used to qualify initially for less frequent
monitoring under paragraphs (b)(3)(iii) through (b)(3)(v) of this
section.
    (iii) At process units with less than 1 percent leaking valves, the
owner or operator may elect to monitor each valve once every two
quarters
    (iv) At process units with less than 0.5 percent leaking valves, the
owner or operator may elect to monitor each valve once every four
quarters.
    (v) At process units with less than 0.25 percent leaking valves, the
owner or operator may elect to monitor each valve once every 2 years.
    (vi) The owner or operator shall keep a record of the monitoring
schedule for each process unit.
    (4) Valve subgrouping. For a process unit or a group of process
units to which this subpart applies, an owner or operator may choose to
subdivide the valves in the applicable process unit or group of process
units and apply the provisions of paragraph (b)(3) of this section to
each subgroup. If the owner or operator elects to subdivide the valves
in the applicable process unit or group of process units, then the
provisions of paragraphs (b)(4)(i) through (b)(4)(viii) of this section
apply.
    (i) The overall performance of total valves in the applicable
process unit or group of process units to be subdivided shall be less
than 2 percent leaking valves, as detected according to paragraphs
(b)(1) and (b)(2) of this section and as calculated according to
paragraphs (c)(1)(ii) and (c)(2) of this section.
    (ii) The initial assignment or subsequent reassignment of valves to
subgroups shall be governed by the provisions of paragraphs
(b)(4)(ii)(A) through (b)(4)(ii)(C) of this section.
    (A) The owner or operator shall determine which valves are assigned
to each subgroup. Valves with less than one year of monitoring data or
valves not monitored within the last twelve months must be placed
initially into the most frequently monitored subgroup until at least one
year of monitoring data have been obtained.
    (B) Any valve or group of valves can be reassigned from a less
frequently monitored subgroup to a more frequently monitored subgroup
provided that the valves to be reassigned were monitored during the most
recent monitoring period for the less frequently monitored subgroup. The
monitoring results must be included with that less frequently monitored
subgroup's associated percent leaking valves calculation for that
monitoring event.
    (C) Any valve or group of valves can be reassigned from a more
frequently monitored subgroup to a less frequently monitored subgroup
provided that the valves to be reassigned have not leaked for the period
of the less frequently monitored subgroup (e.g., for the last 12 months,
if the valve or group of valves is to be reassigned to a subgroup being
monitored annually). Nonrepairable valves may not be reassigned to a
less frequently monitored subgroup.
    (iii) The owner or operator shall determine every 6 months if the
overall performance of total valves in the applicable process unit or
group of process units is less than 2 percent leaking valves and so
indicate the performance in the next Periodic Report. If the overall
performance of total valves in the applicable process unit or group of
process units is 2 percent leaking valves or greater, the owner or
operator shall no longer subgroup and shall revert to the program
required in paragraphs (b)(1) through (b)(3) of this section for that
applicable process unit or group of process units. An owner or operator
can again elect to comply with the valve subgrouping procedures of
paragraph (b)(4) of this section if future overall performance of total
valves in the process unit or group of process units is again less than
2 percent. The overall performance of total valves in the applicable
process unit or group of process units shall be calculated as a

[[Page 499]]

weighted average of the percent leaking valves of each subgroup
according to Equation number 1:
[GRAPHIC] [TIFF OMITTED] TR29JN99.010

where:

%VLO = Overall performance of total valves in the applicable
          process unit or group of process units
%VLi = Percent leaking valves in subgroup i, most recent
          value calculated according to the procedures in paragraphs
          (c)(1)(ii) and (c)(2) of this section.
Vi = Number of valves in subgroup i.
n = Number of subgroups.

    (iv) The owner or operator shall maintain records specified in
paragraphs (b)(4)(iv)(A) through (b)(4)(iv)(D) of this section.
    (A) Which valves are assigned to each subgroup,
    (B) Monitoring results and calculations made for each subgroup for
each monitoring period,
    (C) Which valves are reassigned, the last monitoring result prior to
reassignment, and when they were reassigned, and
    (D) The results of the semiannual overall performance calculation
required in paragraph (b)(4)(iii) of this section.
    (v) The owner or operator shall notify the Administrator no later
than 30 days prior to the beginning of the next monitoring period of the
decision to subgroup valves. The notification shall identify the
participating process units and the number of valves assigned to each
subgroup, if applicable, and may be included in the next Periodic
Report.
    (vi) The owner or operator shall submit in the periodic reports the
information specified in paragraphs (b)(4)(vi)(A) and (b)(4)(vi)(B).
    (A) Total number of valves in each subgroup, and
    (B) Results of the semiannual overall performance calculation
required by paragraph (b)(4)(iii) of this section.
    (vii) To determine the monitoring frequency for each subgroup, the
calculation procedures of paragraph (c)(2) of this section shall be
used.
    (viii) Except for the overall performance calculations required by
paragraphs (b)(4)(i) and (iii) of this section, each subgroup shall be
treated as if it were a process unit for the purposes of applying the
provisions of this section.
    (c) Percent leaking valves calculation--(1) Calculation basis and
procedures. (i) The owner or operator shall decide no later than the
compliance date of this part or upon revision of an operating permit
whether to calculate percent leaking valves on a process unit or group
of process units basis. Once the owner or operator has decided, all
subsequent percentage calculations shall be made on the same basis and
this shall be the basis used for comparison with the subgrouping
criteria specified in paragraph (b)(4)(i) of this section.
    (ii) The percent leaking valves for each monitoring period for each
process unit or valve subgroup, as provided in paragraph (b)(4) of this
section, shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.011

where:

%VL = Percent leaking valves.
VL = Number of valves found leaking, excluding nonrepairable
          valves, as provided in paragraph (c)(3) of this section, and
          including those valves found leaking pursuant to paragraphs
          (d)(2)(iii)(A) and (d)(2)(iii)(B) of this section.
VT = The sum of the total number of valves monitored.

    (2) Calculation for monitoring frequency. When determining
monitoring frequency for each process unit or valve subgroup subject to
monthly, quarterly, or semiannual monitoring frequencies, the percent
leaking valves shall be the arithmetic average of the percent leaking
valves from the last two monitoring periods. When determining monitoring
frequency for each process unit or valve subgroup subject to annual or
biennial (once every 2 years) monitoring frequencies, the percent
leaking valves shall be the arithmetic average of the percent leaking
valves from the last three monitoring periods.

[[Page 500]]

    (3) Nonrepairable valves. (i) Nonrepairable valves shall be included
in the calculation of percent leaking valves the first time the valve is
identified as leaking and nonrepairable and as required to comply with
paragraph (c)(3)(ii) of this section. Otherwise, a number of
nonrepairable valves (identified and included in the percent leaking
valves calculation in a previous period) up to a maximum of 1 percent of
the total number of valves in regulated material service at a process
unit or affected facility may be excluded from calculation of percent
leaking valves for subsequent monitoring periods.
    (ii) If the number of nonrepairable valves exceeds 1 percent of the
total number of valves in regulated material service at a process unit
or affected facility, the number of nonrepairable valves exceeding 1
percent of the total number of valves in regulated material service
shall be included in the calculation of percent leaking valves.
    (d) Leak repair. (1) If a leak is determined pursuant to paragraph
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired
using the procedures in Sec. 63.1024, as applicable.
    (2) After a leak has been repaired, the valve shall be monitored at
least once within the first 3 months after its repair. The monitoring
required by this paragraph is in addition to the monitoring required to
satisfy the definition of repaired and first attempt at repair.
    (i) The monitoring shall be conducted as specified in
Sec. 63.1023(b) and (c) of this section, as appropriate, to determine
whether the valve has resumed leaking.
    (ii) Periodic monitoring required by paragraph (b) of this section
may be used to satisfy the requirements of this paragraph, if the timing
of the monitoring period coincides with the time specified in this
paragraph. Alternatively, other monitoring may be performed to satisfy
the requirements of this paragraph, regardless of whether the timing of
the monitoring period for periodic monitoring coincides with the time
specified in this paragraph.
    (iii) If a leak is detected by monitoring that is conducted pursuant
to paragraph (d)(2) of this section, the owner or operator shall follow
the provisions of paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B) of this
section, to determine whether that valve must be counted as a leaking
valve for purposes of paragraph (c)(1)(ii) of this section.
    (A) If the owner or operator elected to use periodic monitoring
required by paragraph (b) of this section to satisfy the requirements of
paragraph (d)(2) of this section, then the valve shall be counted as a
leaking valve.
    (B) If the owner or operator elected to use other monitoring, prior
to the periodic monitoring required by paragraph (b) of this section, to
satisfy the requirements of paragraph (d)(2) of this section, then the
valve shall be counted as a leaking valve unless it is repaired and
shown by periodic monitoring not to be leaking.
    (e) Special provisions for valves--(1) Unsafe-to-monitor valves. Any
valve that is designated, as described in Sec. 63.1022(c)(1), as an
unsafe-to-monitor valve is exempt from the requirements of paragraphs
(b) and (d)(2) of this section and the owner or operator shall monitor
the valve according to the written plan specified in Sec. 63.1022(c)(4).
    (2) Difficult-to-monitor valves. Any valve that is designated, as
described in Sec. 63.1022(c)(2), as a difficult-to-monitor valve is
exempt from the requirements of paragraph (b) of this section and the
owner or operator shall monitor the valve according to the written plan
specified in Sec. 63.1022(c)(4).
    (3) Fewer than 250 valves. Any equipment located at a plant site
with fewer than 250 valves in regulated material service is exempt from
the requirements for monthly monitoring specified in paragraph (b)(3)(i)
of this section. Instead, the owner or operator shall monitor each valve
in regulated material service for leaks once each quarter, as provided
in paragraphs (e)(1) and (e)(2) of this section.



Sec. 63.1026  Pumps in light liquid service standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (b) Leak detection. Unless otherwise specified in Sec. 63.1021(b),
Sec. 63.1036, Sec. 63.1037, or paragraph (e) of this section, the owner
or operator shall monitor each pump to detect leaks and

[[Page 501]]

shall comply with all other provisions of this section.
    (1) Monitoring method and frequency. The pumps shall be monitored
monthly to detect leaks by the method specified in Sec. 63.1023(b) and,
as applicable, Sec. 63.1023(c).
    (2) Instrument reading that defines a leak. The instrument reading
that defines a leak is specified in paragraphs (b)(2)(i) through
(b)(2)(iii) of this section.
    (i) 5,000 parts per million or greater for pumps handling
polymerizing monomers;
    (ii) 2,000 parts per million or greater for pumps in food/medical
service; and
    (iii) 1,000 parts per million or greater for all other pumps.
    (3) Leak repair exception. For pumps to which a 1,000 parts per
million leak definition applies, repair is not required unless an
instrument reading of 2,000 parts per million or greater is detected.
    (4) Visual inspection. Each pump shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the pump seal. The owner or operator shall document that the inspection
was conducted and the date of the inspection. If there are indications
of liquids dripping from the pump seal at the time of the weekly
inspection, the owner or operator shall follow the procedure specified
in either paragraph (b)(4)(i) or (b)(4)(ii) of this section.
    (i) The owner or operator shall monitor the pump as specified in
Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c). If the instrument
reading indicates a leak as specified in paragraph (b)(2) of this
section, a leak is detected and it shall be repaired using the
procedures in Sec. 63.1024, except as specified in paragraph (b)(3) of
this section; or
    (ii) The owner or operator shall eliminate the visual indications of
liquids dripping.
    (c) Percent leaking pumps calculation. (1) The owner or operator
shall decide no later than the compliance date of this part or upon
revision of an operating permit whether to calculate percent leaking
pumps on a process unit basis or group of process units basis. Once the
owner or operator has decided, all subsequent percentage calculations
shall be made on the same basis.
    (2) If, when calculated on a 6-month rolling average, at least the
greater of either 10 percent of the pumps in a process unit or three
pumps in a process unit leak, the owner or operator shall implement a
quality improvement program for pumps that complies with the
requirements of Sec. 63.1035.
    (3) The number of pumps at a process unit or affected facility shall
be the sum of all the pumps in regulated material service, except that
pumps found leaking in a continuous process unit or affected facility
within 1 month after start-up of the pump shall not count in the percent
leaking pumps calculation for that one monitoring period only.
    (4) Percent leaking pumps shall be determined by the following
equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.012

Where:

%PL = Percent leaking pumps
PL = Number of pumps found leaking as determined through
          monthly monitoring as required in paragraph (b)(1) of this
          section. Do not include results from inspection of unsafe-to-
          monitor pumps pursuant to paragraph (e)(6) of this section.
PS = Number of pumps leaking within 1 month of start-up
          during the current monitoring period.
PT = Total pumps in regulated material service, including
          those meeting the criteria in paragraphs (e)(1), (e)(2),
          (e)(3), and (e)(6) of this section.

    (d) Leak repair. If a leak is detected pursuant to paragraph (b) of
this section, then the leak shall be repaired using the procedures in
Sec. 63.1024, as applicable, unless otherwise specified in paragraph
(b)(5) of this section for leaks identified by visual indications of
liquids dripping.
    (e) Special provisions for pumps--(1) Dual mechanical seal pumps.
Each pump equipped with a dual mechanical seal system that includes a
barrier fluid system is exempt from the requirements of paragraph (b) of
this section, provided the requirements specified in paragraphs
(e)(1)(i) through (e)(1)(viii) of this section are met.
    (i) The owner or operator determines, based on design considerations
and operating experience, criteria applicable to the presence and
frequency of drips and to the sensor that indicates failure

[[Page 502]]

of the seal system, the barrier fluid system, or both. The owner or
operator shall keep records at the plant of the design criteria and an
explanation of the design criteria; and any changes to these criteria
and the reasons for the changes. This record must be available for
review by an inspector.
    (ii) Each dual mechanical seal system shall meet the requirements
specified in paragraph (e)(1)(ii)(A), (e)(1)(ii)(B), or (e)(1)(ii)(C) of
this section.
    (A) Each dual mechanical seal system is operated with the barrier
fluid at a pressure that is at all times (except periods of startup,
shutdown, or malfunction) greater than the pump stuffing box pressure;
or
    (B) Equipped with a barrier fluid degassing reservoir that is routed
to a process or fuel gas system or connected by a closed-vent system to
a control device that complies with the requirements of either
Sec. 63.1034 or Sec. 63.1021(b) of this part; or
    (C) Equipped with a closed-loop system that purges the barrier fluid
into a process stream.
    (iii) The barrier fluid is not in light liquid service.
    (iv) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
    (v) Each pump is checked by visual inspection each calendar week for
indications of liquids dripping from the pump seal. The owner or
operator shall document that the inspection was conducted and the date
of the inspection. If there are indications of liquids dripping from the
pump seal at the time of the weekly inspection, the owner or operator
shall follow the procedure specified in paragraphs (e)(1)(v)(A) or
(e)(1)(v)(B) of this section prior to the next required inspection.
    (A) The owner or operator shall monitor the pump as specified in
Sec. 63.1023(b) and, as applicable, Sec. 63.1023 (c), to determine if
there is a leak of regulated material in the barrier fluid. If an
instrument reading of 1,000 parts per million or greater is measured, a
leak is detected and it shall be repaired using the procedures in
Sec. 63.1024; or
    (B) The owner or operator shall eliminate the visual indications of
liquids dripping.
    (vi) If indications of liquids dripping from the pump seal exceed
the criteria established in paragraph (e)(1)(i) of this section, or if
based on the criteria established in paragraph (e)(1)(i) of this section
the sensor indicates failure of the seal system, the barrier fluid
system, or both, a leak is detected.
    (vii) Each sensor as described in paragraph (e)(1)(iv) of this
section is observed daily or is equipped with an alarm unless the pump
is located within the boundary of an unmanned plant site.
    (viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of
this section, it shall be repaired as specified in Sec. 63.1024.
    (2) No external shaft. Any pump that is designed with no externally
actuated shaft penetrating the pump housing is exempt from the
requirements of paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a closed
vent system. Any pump that is routed to a process or fuel gas system or
equipped with a closed vent system capable of capturing and transporting
leakage from the pump to a control device meeting the requirements of
Sec. 63.1034 of this part or Sec. 63.1021(b) is exempt from the
requirements of paragraph (b) of this section.
    (4) Unmanned plant site. Any pump that is located within the
boundary of an unmanned plant site is exempt from the weekly visual
inspection requirement of paragraphs (b)(4) and (e)(1)(v) of this
section, and the daily requirements of paragraph (e)(1)(vii) of this
section, provided that each pump is visually inspected as often as
practical and at least monthly.
    (5) 90 percent exemption. If more than 90 percent of the pumps at a
process unit or affected facility meet the criteria in either paragraph
(e)(1) or (e)(2) of this section, the process unit or affected facility
is exempt from the percent leaking calculation in paragraph (c) of this
section.
    (6) Unsafe-to-monitor pumps. Any pump that is designated, as
described

[[Page 503]]

in Sec. 63.1022(c)(1), as an unsafe-to-monitor pump is exempt from the
requirements of paragraph (b) of this section, the monitoring and
inspection requirements of paragraphs (e)(1)(v) through (viii) of this
section, and the owner or operator shall monitor and inspect the pump
according to the written plan specified in Sec. 63.1022(c)(4).

[64 FR 34899, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]



Sec. 63.1027  Connectors in gas and vapor service and in light liquid
service standards.

    (a) Compliance schedule. The owner or operator shall monitor all
connectors in each process unit initially for leaks by the later of
either 12 months after the compliance date as specified in a referencing
subpart or 12 months after initial startup. If all connectors in each
process unit have been monitored for leaks prior to the compliance date
specified in the referencing subpart, no initial monitoring is required
provided either no process changes have been made since the monitoring
or the owner or operator can determine that the results of the
monitoring, with or without adjustments, reliably demonstrate compliance
despite process changes. If required to monitor because of a process
change, the owner or operator is required to monitor only those
connectors involved in the process change.
    (b) Leak detection. Except as allowed in Sec. 63.1021(b),
Sec. 63.1036, Sec. 63.1037, or as specified in paragraph (e) of this
section, the owner or operator shall monitor all connectors in gas and
vapor and light liquid service as specified in paragraphs (a) and (b)(3)
of this section.
    (1) Monitoring method. The connectors shall be monitored to detect
leaks by the method specified in Sec. 63.1023(b) and, as applicable,
Sec. 63.1023(c).
    (2) Instrument reading that defines a leak. If an instrument reading
greater than or equal to 500 parts per million is measured, a leak is
detected.
    (3) Monitoring periods. The owner or operator shall perform
monitoring, subsequent to the initial monitoring required in paragraph
(a) of this section, as specified in paragraphs (b)(3)(i) through
(b)(3)(iii) of this section, and shall comply with the requirements of
paragraphs (b)(3)(iv) and (b)(3)(v) of this section. The required period
in which monitoring must be conducted shall be determined from
paragraphs (b)(3)(i) through (b)(3)(iii) of this section using the
monitoring results from the preceding monitoring period. The percent
leaking connectors shall be calculated as specified in paragraph (c) of
this section.
    (i) If the percent leaking connectors in the process unit was
greater than or equal to 0.5 percent, then monitor within 12 months (1
year).
    (ii) If the percent leaking connectors in the process unit was
greater than or equal to 0.25 percent but less than 0.5 percent, then
monitor within 4 years. An owner or operator may comply with the
requirements of this paragraph by monitoring at least 40 percent of the
connectors within 2 years of the start of the monitoring period,
provided all connectors have been monitored by the end of the 4 year
monitoring period.
    (iii) If the percent leaking connectors in the process unit was less
than 0.25 percent, then monitor as provided in paragraph (b)(3)(iii)(A)
of this section and either paragraph (b)(3)(iii)(B) or (b)(3)(iii)(C) of
this section, as appropriate.
    (A) An owner or operator shall monitor at least 50 percent of the
connectors within 4 years of the start of the monitoring period.
    (B) If the percent leaking connectors calculated from the monitoring
results in paragraph (b)(3)(iii)(A) of this section is greater than or
equal to 0.35 percent of the monitored connectors, the owner or operator
shall monitor as soon as practical, but within the next 6 months, all
connectors that have not yet been monitored during the monitoring
period. At the conclusion of monitoring, a new monitoring period shall
be started pursuant to paragraph (b)(3) of this section, based on the
percent leaking connectors of the total monitored connectors.
    (C) If the percent leaking connectors calculated from the monitoring
results in paragraph (b)(3)(iii)(A) of this section is less than 0.35
percent of the monitored connectors, the owner or operator shall monitor
all connectors

[[Page 504]]

that have not yet been monitored within 8 years of the start of the
monitoring period.
    (iv) If, during the monitoring conducted pursuant to paragraph
(b)(3)(i) through (b)(3)(iii) of this section, a connector is found to
be leaking, it shall be re-monitored once within 90 days after repair to
confirm that it is not leaking.
    (v) The owner or operator shall keep a record of the start date and
end date of each monitoring period under this section for each process
unit.
    (c) Percent leaking connectors calculation. For use in determining
the monitoring frequency, as specified in paragraphs (a) and (b)(3) of
this section, the percent leaking connectors as used in paragraphs (a)
and (b)(3) of this section shall be calculated by using equation number
4.
[GRAPHIC] [TIFF OMITTED] TR29JN99.013

Where:

%CL = Percent leaking connectors as determined through
          periodic monitoring required in paragraphs (a) and (b)(3)(i)
          through (b)(3)(iii) of this section.
CL = Number of connectors measured at 500 parts per million
          or greater, by the method specified in Sec. 63.1023(b).
Ct = Total number of monitored connectors in the process unit
          or affected facility.

    (d) Leak repair. If a leak is detected pursuant to paragraphs (a)
and (b) of this section, then the leak shall be repaired using the
procedures in Sec. 63.1024, as applicable.
    (e) Special provisions for connectors--(1) Unsafe-to-monitor
connectors. Any connector that is designated, as described in
Sec. 63.1022(c)(1), as an unsafe-to-monitor connector is exempt from the
requirements of paragraphs (a) and (b) of this section and the owner or
operator shall monitor according to the written plan specified in
Sec. 63.1022(c)(4).
    (2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any
connector that is inaccessible or that is ceramic or ceramic-lined
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring
requirements of paragraphs (a) and (b) of this section, from the leak
repair requirements of paragraph (d) of this section, and from the
recordkeeping and reporting requirements of Secs. 63.1038 and 63.1039.
An inaccessible connector is one that meets any of the provisions
specified in paragraphs (e)(2)(i)(A) through (e)(2)(i)(F) of this
section, as applicable.
    (A) Buried;
    (B) Insulated in a manner that prevents access to the connector by a
monitor probe;
    (C) Obstructed by equipment or piping that prevents access to the
connector by a monitor probe;
    (D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters (25
feet) above the ground.
    (E) Inaccessible because it would require elevating the monitoring
personnel more than 2 meters (7 feet) above a permanent support surface
or would require the erection of scaffold;
    (F) Not able to be accessed at any time in a safe manner to perform
monitoring. Unsafe access includes, but is not limited to, the use of a
wheeled scissor-lift on unstable or uneven terrain, the use of a
motorized man-lift basket in areas where an ignition potential exists,
or access would require near proximity to hazards such as electrical
lines, or would risk damage to equipment.
    (ii) If any inaccessible, ceramic or ceramic-lined connector is
observed by visual, audible, olfactory, or other means to be leaking,
the visual, audible, olfactory, or other indications of a leak to the
atmosphere shall be eliminated as soon as practical.



Sec. 63.1028  Agitators in gas and vapor service and in light liquid
service standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (b) [Reserved]
    (c) Leak detection--(1) Monitoring method. Each agitator seal shall
be monitored monthly to detect leaks by the methods specified in
Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), except as provided
in Sec. 63.1021(b), Sec. 63.1036, Sec. 63.1037, or paragraph (e) of this
section.

[[Page 505]]

    (2) Instrument reading that defines a leak. If an instrument reading
equivalent of 10,000 parts per million or greater is measured, a leak is
detected.
    (3) Visual inspection. (i) Each agitator seal shall be checked by
visual inspection each calendar week for indications of liquids dripping
from the agitator seal. The owner or operator shall document that the
inspection was conducted and the date of the inspection.
    (ii) If there are indications of liquids dripping from the agitator
seal, the owner or operator shall follow the procedures specified in
paragraphs (c)(3)(ii)(A) or (c)(3)(ii)(B) of this section prior to the
next required inspection.
    (A) The owner or operator shall monitor the agitator seal as
specified in Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), to
determine if there is a leak of regulated material. If an instrument
reading of 10,000 parts per million or greater is measured, a leak is
detected, and it shall be repaired according to paragraph (d) of this
section; or
    (B) The owner or operator shall eliminate the indications of liquids
dripping from the agitator seal.
    (d) Leak repair. If a leak is detected, then the leak shall be
repaired using the procedures in Sec. 63.1024.
    (e) Special provisions for agitators--(1) Dual mechanical seal. Each
agitator equipped with a dual mechanical seal system that includes a
barrier fluid system is exempt from the requirements of paragraph (c) of
this section, provided the requirements specified in paragraphs
(e)(1)(i) through (e)(1)(vi) of this section are met.
    (i) Each dual mechanical seal system shall meet the applicable
requirements specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or
(e)(1)(i)(C) of this section.
    (A) Operated with the barrier fluid at a pressure that is at all
times (except during periods of startup, shutdown, or malfunction)
greater than the agitator stuffing box pressure; or
    (B) Equipped with a barrier fluid degassing reservoir that is routed
to a process or fuel gas system or connected by a closed-vent system to
a control device that meets the requirements of either Sec. 63.1034 or
Sec. 63.1021(b); or
    (C) Equipped with a closed-loop system that purges the barrier fluid
into a process stream.
    (ii) The barrier fluid is not in light liquid service.
    (iii) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
    (iv) Each agitator seal is checked by visual inspection each
calendar week for indications of liquids dripping from the agitator
seal. If there are indications of liquids dripping from the agitator
seal at the time of the weekly inspection, the owner or operator shall
follow the procedure specified in paragraphs (e)(1)(iv)(A) or
(e)(1)(iv)(B) of this section prior to the next required inspection.
    (A) The owner or operator shall monitor the agitator seal as
specified in Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), to
determine the presence of regulated material in the barrier fluid. If an
instrument reading equivalent to or greater than 10,000 ppm is measured,
a leak is detected and it shall be repaired using the procedures in
Sec. 63.1024, or
    (B) The owner or operator shall eliminate the visual indications of
liquids dripping.
    (v) Each sensor as described in paragraph (e)(1)(iii) of this
section is observed daily or is equipped with an alarm unless the
agitator seal is located within the boundary of an unmanned plant site.
    (vi) The owner or operator of each dual mechanical seal system shall
meet the requirements specified in paragraphs (e)(1)(vi)(A) and
(e)(1)(vi)(B).
    (A) The owner or operator shall determine, based on design
considerations and operating experience, criteria that indicates failure
of the seal system, the barrier fluid system, or both and applicable to
the presence and frequency of drips. If indications of liquids dripping
from the agitator seal exceed the criteria, or if, based on the criteria
the sensor indicates failure of the seal system, the barrier fluid
system, or both, a leak is detected and shall be repaired pursuant to
Sec. 63.1024, as applicable.

[[Page 506]]

    (B) The owner or operator shall keep records of the design criteria
and an explanation of the design criteria; and any changes to these
criteria and the reasons for the changes.
    (2) No external shaft. Any agitator that is designed with no
externally actuated shaft penetrating the agitator housing is exempt
from paragraph (c) of this section.
    (3) Routed to a process or fuel gas system or equipped with a closed
vent system. Any agitator that is routed to a process or fuel gas system
that captures and transports leakage from the agitator to a control
device meeting the requirements of either Sec. 63.1034 or
Sec. 63.1021(b) is exempt from the requirements of paragraph (c) of this
section.
    (4) Unmanned plant site. Any agitator that is located within the
boundary of an unmanned plant site is exempt from the weekly visual
inspection requirement of paragraphs (c)(3) and (e)(1)(iv) of this
section, and the daily requirements of paragraph (e)(1)(v) of this
section, provided that each agitator is visually inspected as often as
practical and at least monthly.
    (5) Difficult-to-monitor agitator seals. Any agitator seal that is
designated, as described in Sec. 63.1022(c)(2), as a difficult-to-
monitor agitator seal is exempt from the requirements of paragraph (c)
of this section and the owner or operator shall monitor the agitator
seal according to the written plan specified in Sec. 63.1022(c)(4).
    (6) Equipment obstructions. Any agitator seal that is obstructed by
equipment or piping that prevents access to the agitator by a monitor
probe is exempt from the monitoring requirements of paragraph (c) of
this section.
    (7) Unsafe-to-monitor agitator seals. Any agitator seal that is
designated, as described in Sec. 63.1022(c)(1), as an unsafe-to-monitor
agitator seal is exempt from the requirements of paragraph (c) of this
section and the owner or operator of the agitator seal monitors the
agitator seal according to the written plan specified in
Sec. 63.1022(c)(4).



Sec. 63.1029  Pumps, valves, connectors, and agitators in heavy liquid
service; pressure relief devices in liquid service; and instrumentation

systems standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (b) Leak detection--(1) Monitoring method. Unless otherwise
specified in Sec. 63.1021(b), Sec. 63.1036, or Sec. 63.1037, the owner
or operator shall comply with paragraphs (b)(1) and (b)(2) of this
section. Pumps, valves, connectors, and agitators in heavy liquid
service; pressure relief devices in light liquid or heavy liquid
service; and instrumentation systems shall be monitored within 5
calendar days by the method specified in Sec. 63.1023(b) and, as
applicable, Sec. 63.1023(c), if evidence of a potential leak to the
atmosphere is found by visual, audible, olfactory, or any other
detection method, unless the potential leak is repaired as required in
paragraph (c) of this section.
    (2) Instrument reading that defines a leak. If an instrument reading
of 10,000 parts per million or greater for agitators, 5,000 parts per
million or greater for pumps handling polymerizing monomers, 2,000 parts
per million or greater for pumps in food and medical service, or 2,000
parts per million or greater for all other pumps (including pumps in
food/medical service), or 500 parts per million or greater for valves,
connectors, instrumentation systems, and pressure relief devices is
measured pursuant to paragraph (b)(1) of this section, a leak is
detected and shall be repaired pursuant to Sec. 63.1024, as applicable.
    (c) Leak repair. For equipment identified in paragraph (b) of this
section that is not monitored by the method specified in Sec. 63.1023(b)
and, as applicable, Sec. 63.1023(c), repaired shall mean that the
visual, audible, olfactory, or other indications of a leak to the
atmosphere have been eliminated; that no bubbles are observed at
potential leak sites during a leak check using soap solution; or that
the system will hold a test pressure.

[64 FR 34899, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]

[[Page 507]]



Sec. 63.1030  Pressure relief devices in gas and vapor service standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (b) Compliance standard. Except during pressure releases as provided
for in paragraph (c) of this section, or as otherwise specified in
Secs. 63.1036, 63.1037, or paragraphs (d) and (e) of this section, each
pressure relief device in gas and vapor service shall be operated with
an instrument reading of less than 500 parts per million as measured by
the method specified in Sec. 63.1023(b) and, as applicable,
Sec. 63.1023(c).
    (c) Pressure relief requirements. (1) After each pressure release,
the pressure relief device shall be returned to a condition indicated by
an instrument reading of less than 500 parts per million, as soon as
practical, but no later than 5 calendar days after each pressure
release, except as provided in Sec. 63.1024(d).
    (2) The pressure relief device shall be monitored no later than five
calendar days after the pressure to confirm the condition indicated by
an instrument reading of less than 500 parts per million above
background, as measured by the method specified in Sec. 63.1023(b) and,
as applicable, Sec. 63.1023(c).
    (3) The owner or operator shall record the dates and results of the
monitoring required by paragraph (c)(2) of this section following a
pressure release including the background level measured and the maximum
instrument reading measured during the monitoring.
    (d) Pressure relief devices routed to a process or fuel gas system
or equipped with a closed vent system and control device. Any pressure
relief device that is routed to a process or fuel gas system or equipped
with a closed vent system capable of capturing and transporting leakage
from the pressure relief device to a control device meeting the
requirements of Sec. 63.1034 is exempt from the requirements of
paragraphs (b) and (c) of this section.
    (e) Rupture disk exemption. Any pressure relief device that is
equipped with a rupture disk upstream of the pressure relief device is
exempt from the requirements of paragraphs (b) and (c) of this section
provided the owner or operator installs a replacement rupture disk
upstream of the pressure relief device as soon as practical after each
pressure release but no later than 5 calendar days after each pressure
release, except as provided in Sec. 63.1024(d).



Sec. 63.1031  Compressors standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (b) Seal system standard. Each compressor shall be equipped with a
seal system that includes a barrier fluid system and that prevents
leakage of process fluid to the atmosphere, except as provided in
Secs. 63.1021(b), 63.1036, 63.1037, and paragraphs (e) and (f) of this
section. Each compressor seal system shall meet the applicable
requirements specified in paragraph (b)(1), (b)(2), or (b)(3) of this
section.
    (1) Operated with the barrier fluid at a pressure that is greater
than the compressor stuffing box pressure at all times (except during
periods of startup, shutdown, or malfunction); or
    (2) Equipped with a barrier fluid system degassing reservoir that is
routed to a process or fuel gas system or connected by a closed-vent
system to a control device that meets the requirements of either
Sec. 63.1034 or Sec. 63.1021(b); or
    (3) Equipped with a closed-loop system that purges the barrier fluid
directly into a process stream.
    (c) Barrier fluid system. The barrier fluid shall not be in light
liquid service. Each barrier fluid system shall be equipped with a
sensor that will detect failure of the seal system, barrier fluid
system, or both. Each sensor shall be observed daily or shall be
equipped with an alarm unless the compressor is located within the
boundary of an unmanned plant site.
    (d) Failure criterion and leak detection. (1) The owner or operator
shall determine, based on design considerations and operating
experience, a criterion that indicates failure of the seal system, the
barrier fluid system, or both. If the sensor indicates failure of the
seal system, the barrier fluid system, or both based on the criterion, a
leak is

[[Page 508]]

detected and shall be repaired pursuant to Sec. 63.1024, as applicable.
    (2) The owner or operator shall keep records of the design criteria
and an explanation of the design criteria; and any changes to these
criteria and the reasons for the changes.
    (e) Routed to a process or fuel gas system or equipped with a closed
vent system. A compressor is exempt from the requirements of paragraphs
(b) through (d) of this section if it is equipped with a system to
capture and transport leakage from the compressor drive shaft seal to a
process or a fuel gas system or to a closed vent system that captures
and transports leakage from the compressor to a control device meeting
the requirements of either Sec. 63.1034 or Sec. 63.1021(b).
    (f) Alternative compressor standard. (1) Any compressor that is
designated, as described in Sec. 63.1022(e), as operating with an
instrument reading of less than 500 parts per million above background
shall operate at all times with an instrument reading of less than 500
parts per million. A compressor so designated is exempt from the
requirements of paragraphs (b) through (d) of this section if the
compressor is demonstrated, initially upon designation, annually, and at
other times requested by the Administrator to be operating with an
instrument reading of less than 500 parts per million above background,
as measured by the method specified in Sec. 63.1023(b) and, as
applicable, Sec. 63.1023(c).
    (2) The owner or operator shall record the dates and results of each
compliance test including the background level measured and the maximum
instrument reading measured during each compliance test.



Sec. 63.1032  Sampling connection systems standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance dates specified in the
referencing subpart.
    (b) Equipment requirement. Each sampling connection system shall be
equipped with a closed-purge, closed-loop, or closed vent system, except
as provided in Secs. 63.1021(b), 63.1036, 63.1037, or paragraph (d) of
this section. Gases displaced during filling of the sample container are
not required to be collected or captured.
    (c) Equipment design and operation. Each closed-purge, closed-loop,
or closed vent system as required in paragraph (b) of this section shall
meet the applicable requirements specified in paragraphs (c)(1) through
(c)(5) of this section.
    (1) The system shall return the purged process fluid directly to a
process line or to a fuel gas system that meets the requirements of
either Sec. 63.1034 or Sec. 63.1021(b); or
    (2) [Reserved]
    (3) Be designed and operated to capture and transport all the purged
process fluid to a control device that meets the requirements of either
Sec. 63.1034 or Sec. 63.1021(b); or
    (4) Collect, store, and transport the purged process fluid to a
system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or
(c)(4)(iii) of this section.
    (i) A waste management unit as defined in 40 CFR 63.111 or subpart
G, if the waste management unit is subject to and operating in
compliance with the provisions of 40 CFR part 63, subpart G, applicable
to group 1 wastewater streams. If the purged process fluid does not
contain any regulated material listed in Table 9 of 40 CFR part 63,
subpart G, the waste management unit need not be subject to, and
operated in compliance with the requirements of 40 CFR part 63, subpart
G, applicable to group 1 wastewater steams provided the facility has a
National Pollution Discharge Elimination System (NPDES) permit or sends
the wastewater to an NPDES-permitted facility.
    (ii) A treatment, storage, or disposal facility subject to
regulation under 40 CFR parts 262, 264, 265, or 266; or
    (iii) A facility permitted, licensed, or registered by a State to
manage municipal or industrial solid waste, if the process fluids are
not hazardous waste as defined in 40 CFR part 261.
    (5) Containers that are part of a closed purge system must be
covered or closed when not being filled or emptied.
    (d) In-situ sampling systems. In-situ sampling systems and sampling
systems without purges are exempt from

[[Page 509]]

the requirements of paragraphs (b) and (c) of this section.



Sec. 63.1033  Open-ended valves or lines standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance date specified in the
referencing subpart.
    (b) Equipment and operational requirements. (1) Each open-ended
valve or line shall be equipped with a cap, blind flange, plug, or a
second valve, except as provided in Secs. 63.1021(b), 63.1036, 63.1037,
and paragraphs (c) and (d) of this section. The cap, blind flange, plug,
or second valve shall seal the open end at all times except during
operations requiring process fluid flow through the open-ended valve or
line, or during maintenance. The operational provisions of paragraphs
(b)(2) and (b)(3) of this section also apply.
    (2) Each open-ended valve or line equipped with a second valve shall
be operated in a manner such that the valve on the process fluid end is
closed before the second valve is closed.
    (3) When a double block and bleed system is being used, the bleed
valve or line may remain open during operations that require venting the
line between the block valves but shall comply with paragraph (b)(1) of
this section at all other times.
    (c) Emergency shutdown exemption. Open-ended valves or lines in an
emergency shutdown system that are designed to open automatically in the
event of a process upset are exempt from the requirements of paragraph
(b) of this section.
    (d) Polymerizing materials exemption. Open-ended valves or lines
containing materials that would autocatalytically polymerize or, would
present an explosion, serious overpressure, or other safety hazard if
capped or equipped with a double block and bleed system as specified in
paragraph (b) of this section are exempt from the requirements of
paragraph (b) of this section.



Sec. 63.1034  Closed vent systems and control devices; or emissions
routed to a fuel gas system or process standards.

    (a) Compliance schedule. The owner or operator shall comply with
this section no later than the compliance date specified in the
referencing subpart.
    (b) Compliance standard. (1) Owners or operators routing emissions
from equipment leaks to a fuel gas system or process shall comply with
the provisions of subpart SS of this part, except as provided in
Sec. 63.1002(b).
    (2) Owners or operators of closed vent systems and control devices
used to comply with the provisions of this subpart shall comply with the
provisions of subpart SS of this part and (b)(2)(i) through (b)(2)(iii)
of this section, except as provided in Sec. 63.1002(b).
    (i) Nonflare control devices shall be designed and operated to
reduce emissions of regulated material vented to them with an efficiency
of 95 percent or greater, or to an exit concentration of 20 parts per
million by volume, whichever is less stringent. The 20 parts per million
by volume standard is not applicable to the provisions of Sec. 63.1016.
    (ii) Enclosed combustion devices shall be designed and operated to
reduce emissions of regulated material vented to them with an efficiency
of 95 percent or greater, or to an exit concentration of 20 parts per
million by volume, on a dry basis, corrected to 3 percent oxygen,
whichever is less stringent, or to provide a minimum residence time of
0.50 seconds at a minimum temperature of 760  deg.C (1400  deg.F).
    (iii) Flares used to comply with the provisions of this subpart
shall comply with the requirements of subpart SS of this part.



Sec. 63.1035  Quality improvement program for pumps.

    (a) Criteria. If, on a 6-month rolling average, at least the greater
of either 10 percent of the pumps in a process unit or affected facility
(or plant site) or three pumps in a process unit or affected facility
(or plant site) leak, the owner or operator shall comply with the
requirements specified in paragraphs (a)(1) and (a)(2) of this section.
    (1) Pumps that are in food and medical service or in polymerizing
monomer service shall comply with all requirements except for those
specified in paragraph (d)(8) of this section.
    (2) Pumps that are not in food and medical or polymerizing monomer

[[Page 510]]

service shall comply with all of the requirements of this section.
    (b) Exiting the QIP. The owner or operator shall comply with the
requirements of this section until the number of leaking pumps is less
than the greater of either 10 percent of the pumps or three pumps,
calculated as a 6-month rolling average, in the process unit or affected
facility (or plant site). Once the performance level is achieved, the
owner or operator shall comply with the requirements in Sec. 63.1026.
    (c) Resumption of QIP. If, in a subsequent monitoring period, the
process unit or affected facility (or plant site) has greater than
either 10 percent of the pumps leaking or three pumps leaking
(calculated as a 6-month rolling average), the owner or operator shall
resume the quality improvement program starting at performance trials.
    (d) QIP requirements. The quality improvement program shall meet the
requirements specified in paragraphs (d)(1) through (d)(8) of this
section.
    (1) The owner or operator shall comply with the requirements in
Sec. 63.1026.
    (2) Data collection. The owner or operator shall collect the data
specified in paragraphs (d)(2)(i) through (d)(2)(v) of this section and
maintain records for each pump in each process unit or affected facility
(or plant site) subject to the quality improvement program. The data may
be collected and the records may be maintained on a process unit,
affected facility, or plant site basis.
    (i) Pump type (e.g., piston, horizontal or vertical centrifugal,
gear, bellows); pump manufacturer; seal type and manufacturer; pump
design (e.g., external shaft, flanged body); materials of construction;
if applicable, barrier fluid or packing material; and year installed.
    (ii) Service characteristics of the stream such as discharge
pressure, temperature, flow rate, corrosivity, and annual operating
hours.
    (iii) The maximum instrument readings observed in each monitoring
observation before repair, response factor for the stream if
appropriate, instrument model number, and date of the observation.
    (iv) If a leak is detected, the repair methods used and the
instrument readings after repair.
    (v) If the data will be analyzed as part of a larger analysis
program involving data from other plants or other types of process units
or affected facilities, a description of any maintenance or quality
assurance programs used in the process unit or affected facility that
are intended to improve emission performance.
    (3) The owner or operator shall continue to collect data on the
pumps as long as the process unit or affected facility (or plant site)
remains in the quality improvement program.
    (4) Pump or pump seal inspection. The owner or operator shall
inspect all pumps or pump seals that exhibited frequent seal failures
and were removed from the process unit or affected facility due to
leaks. The inspection shall determine the probable cause of the pump
seal failure or of the pump leak and shall include recommendations, as
appropriate, for design changes or changes in specifications to reduce
leak potential.
    (5)(i) Data analysis. The owner or operator shall analyze the data
collected to comply with the requirements of paragraph (d)(2) of this
section to determine the services, operating or maintenance practices,
and pump or pump seal designs or technologies that have poorer than
average emission performance and those that have better than average
emission performance. The analysis shall determine if specific trouble
areas can be identified on the basis of service, operating conditions or
maintenance practices, equipment design, or other process-specific
factors.
    (ii) The analysis shall also be used to determine if there are
superior performing pump or pump seal technologies that are applicable
to the service(s), operating conditions, or pump or pump seal designs
associated with poorer than average emission performance. A superior
performing pump or pump seal technology is one with a leak frequency of
less than 10 percent for specific applications in the process unit,
affected facility, or plant site. A candidate superior performing pump
or

[[Page 511]]

pump seal technology is one demonstrated or reported in the available
literature or through a group study as having low emission performance
and as being capable of achieving less than 10 percent leaking pumps in
the process unit or affected facility (or plant site).
    (iii) The analysis shall include consideration of the information
specified in paragraphs (d)(5)(iii)(A) through (d)(5)(iii)(C) of this
section.
    (A) The data obtained from the inspections of pumps and pump seals
removed from the process unit or affected facility due to leaks;
    (B) Information from the available literature and from the
experience of other plant sites that will identify pump designs or
technologies and operating conditions associated with low emission
performance for specific services; and
    (C) Information on limitations on the service conditions for the
pump seal technology operating conditions as well as information on
maintenance procedures to ensure continued low emission performance.
    (iv) The data analysis may be conducted through an inter- or intra-
company program (or through some combination of the two approaches) and
may be for a single process unit, a plant site, a company, or a group of
process units.
    (v) The first analysis of the data shall be completed no later than
18 months after the start of the quality improvement program. The first
analysis shall be performed using data collected for a minimum of 6
months. An analysis of the data shall be done each year the process unit
or affected facility is in the quality improvement program.
    (6) Trial evaluation program. A trial evaluation program shall be
conducted at each plant site for which the data analysis does not
identify use of superior performing pump seal technology or pumps that
can be applied to the areas identified as having poorer than average
performance, except as provided in paragraph (d)(6)(v) of this section.
The trial program shall be used to evaluate the feasibility of using in
the process unit or affected facility (or plant site) the pump designs
or seal technologies, and operating and maintenance practices that have
been identified by others as having low emission performance.
    (i) The trial evaluation program shall include on-line trials of
pump seal technologies or pump designs and operating and maintenance
practices that have been identified in the available literature or in
analysis by others as having the ability to perform with leak rates
below 10 percent in similar services, as having low probability of
failure, or as having no external actuating mechanism in contact with
the process fluid. If any of the candidate superior performing pump seal
technologies or pumps is not included in the performance trials, the
reasons for rejecting specific technologies from consideration shall be
documented as required in paragraph (e)(3)(ii) of this section.
    (ii) The number of pump seal technologies or pumps in the trial
evaluation program shall be the lesser of 1 percent or two pumps for
programs involving single process units or affected facilities and the
lesser of 1 percent or five pumps for programs involving a plant site or
groups of process units or affected facilities. The minimum number of
pumps or pump seal technologies in a trial program shall be one.
    (iii) The trial evaluation program shall specify and include
documentation of the information specified in paragraphs (d)(6)(iii)(A)
through (d)(6)(iii)(D) of this section.
    (A) The candidate superior performing pump seal designs or
technologies to be evaluated, the stages for evaluating the identified
candidate pump designs or pump seal technologies, including the time
period necessary to test the applicability;
    (B) The frequency of monitoring or inspection of the equipment;
    (C) The range of operating conditions over which the component will
be evaluated; and
    (D) Conclusions regarding the emission performance and the
appropriate operating conditions and services for the trial pump seal
technologies or pumps.
    (iv) The performance trials shall initially be conducted, at least,
for a 6-month period beginning not later than 18 months after the start
of the quality improvement program. No later than 24

[[Page 512]]

months after the start of the quality improvement program, the owner or
operator shall have identified pump seal technologies or pump designs
that, combined with appropriate process, operating, and maintenance
practices, operate with low emission performance for specific
applications in the process unit or affected facility. The owner or
operator shall continue to conduct performance trials as long as no
superior performing design or technology has been identified, except as
provided in paragraph (d)(6)(vi) of this section. The initial list of
superior emission performance pump designs or pump seal technologies
shall be amended in the future, as appropriate, as additional
information and experience are obtained.
    (v) Any plant site with fewer than 400 valves and owned by a
corporation with fewer than 100 employees shall be exempt from trial
evaluations of pump seals or pump designs. Plant sites exempt from the
trial evaluations of pumps shall begin the pump seal or pump replacement
program at the start of the fourth year of the quality improvement
program.
    (vi) An owner or operator who has conducted performance trials on
all alternative superior emission performance technologies suitable for
the required applications in the process unit or affected facility may
stop conducting performance trials provided that a superior performing
design or technology has been demonstrated or there are no technically
feasible alternative superior technologies remaining. The owner or
operator shall prepare an engineering evaluation documenting the
physical, chemical, or engineering basis for the judgment that the
superior emission performance technology is technically infeasible or
demonstrating that it would not reduce emissions.
    (7) Quality assurance program. Each owner or operator shall prepare
and implement a pump quality assurance program that details purchasing
specifications and maintenance procedures for all pumps and pump seals
in the process unit or affected facility. The quality assurance program
may establish any number of categories, or classes, of pumps as needed
to distinguish among operating conditions and services associated with
poorer than average emission performance as well as those associated
with better than average emission performance. The quality assurance
program shall be developed considering the findings of the data analysis
required under paragraph (d)(5) of this section; and, if applicable, the
findings of the trial evaluation required in paragraph (d)(6) of this
section; and the operating conditions in the process unit or affected
facility. The quality assurance program shall be updated each year as
long as the process unit or affected facility has the greater of either
10 percent or more leaking pumps or has three leaking pumps.
    (i) The quality assurance program shall meet the requirements
specified in paragraphs (d)(7)(i)(A) through (d)(7)(i)(D) of this
section.
    (A) Establish minimum design standards for each category of pumps or
pump seal technology. The design standards shall specify known critical
parameters such as tolerance, manufacturer, materials of construction,
previous usage, or other applicable identified critical parameters;
    (B) Require that all equipment orders specify the design standard
(or minimum tolerances) for the pump or the pump seal;
    (C) Provide for an audit procedure for quality control of purchased
equipment to ensure conformance with purchase specifications. The audit
program may be conducted by the owner or operator of the plant site or
process unit or affected facility, or by a designated representative;
and
    (D) Detail off-line pump maintenance and repair procedures. These
procedures shall include provisions to ensure that rebuilt or
refurbished pumps and pump seals will meet the design specifications for
the pump category and will operate so that emissions are minimized.
    (ii) The quality assurance program shall be established no later
than the start of the third year of the quality improvement program for
plant sites with 400 or more valves or 100 or more employees; and no
later than the start of the fourth year of the quality improvement
program for plant sites with

[[Page 513]]

less than 400 valves and less than 100 employees.
    (8) Pump or pump seal replacement. Three years after the start of
the quality improvement program for plant sites with 400 or more valves
or 100 or more employees and at the start of the fourth year of the
quality improvement program for plant sites with less than 400 valves
and less than 100 employees, the owner or operator shall replace, as
described in paragraphs (d)(8)(i) and (d)(8)(ii) of this section, the
pumps or pump seals that are not superior emission performance
technology with pumps or pump seals that have been identified as
superior emission performance technology and that comply with the
quality assurance standards for the pump category. Superior emission
performance technology is that category or design of pumps or pump seals
with emission performance that when combined with appropriate process,
operating, and maintenance practices, will result in less than 10
percent leaking pumps for specific applications in the process unit,
affected facility, or plant site. Superior emission performance
technology includes material or design changes to the existing pump,
pump seal, seal support system, installation of multiple mechanical
seals or equivalent, or pump replacement.
    (i) Pumps or pump seals shall be replaced at the rate of 20 percent
per year based on the total number of pumps in light liquid service. The
calculated value shall be rounded to the nearest nonzero integer value.
The minimum number of pumps or pump seals shall be one. Pump replacement
shall continue until all pumps subject to the requirements of
Sec. 63.1026 are pumps determined to be superior performance technology.
    (ii) The owner or operator may delay replacement of pump seals or
pumps with superior technology until the next planned process unit or
affected facility shutdown, provided the number of pump seals and pumps
replaced is equivalent to the 20 percent or greater annual replacement
rate.
    (iii) The pumps shall be maintained as specified in the quality
assurance program.
    (e) QIP recordkeeping. In addition to the records required by
paragraph (d)(2) of this section, the owner or operator shall maintain
records for the period of the quality improvement program for the
process unit or affected facility as specified in paragraphs (e)(1)
through (e)(6) of this section.
    (1) When using a pump quality improvement program as specified in
this section, record the information specified in paragraphs (e)(1)(i)
through (e)(1)(iii) of this section.
    (i) The rolling average percent leaking pumps.
    (ii) Documentation of all inspections conducted under the
requirements of paragraph (d)(4) of this section, and any
recommendations for design or specification changes to reduce leak
frequency.
    (iii) The beginning and ending dates while meeting the requirements
of paragraph (d) of this section.
    (2) If a leak is not repaired within 15 calendar days after
discovery of the leak, the reason for the delay and the expected date of
successful repair.
    (3) Records of all analyses required in paragraph (d) of this
section. The records will include the information specified in
paragraphs (e)(3)(i) through (e)(3)(iv) of this section.
    (i) A list identifying areas associated with poorer than average
performance and the associated service characteristics of the stream,
the operating conditions and maintenance practices.
    (ii) The reasons for rejecting specific candidate superior emission
performing pump technology from performance trials.
    (iii) The list of candidate superior emission performing valve or
pump technologies, and documentation of the performance trial program
items required under paragraph (d)(6)(iii) of this section.
    (iv) The beginning date and duration of performance trials of each
candidate superior emission performing technology.
    (4) All records documenting the quality assurance program for pumps
as specified in paragraph (d)(7) of this section, including records
indicating that all pumps replaced or modified during the period of the
quality improvement program are in compliance with the quality
assurance.

[[Page 514]]

    (5) Records documenting compliance with the 20 percent or greater
annual replacement rate for pumps as specified in paragraph (d)(8) of
this section.
    (6) Information and data to show the corporation has fewer than 100
employees, including employees providing professional and technical
contracted services.



Sec. 63.1036  Alternative means of emission limitation: Batch processes.

    (a) General requirement. As an alternative to complying with the
requirements of Secs. 63.1025 through 63.1033 and Sec. 63.1035, an owner
or operator of a batch process that operates in regulated material
service during the calendar year may comply with one of the standards
specified in paragraphs (b) and (c) of this section, or the owner or
operator may petition for approval of an alternative standard under the
provisions of Sec. 63.1021(b). The alternative standards of this section
provide the options of pressure testing or monitoring the equipment for
leaks. The owner or operator may switch among the alternatives provided
the change is documented as specified in paragraph (b)(7) of this
section.
    (b) Pressure testing of the batch equipment. The following
requirements shall be met if an owner or operator elects to use pressure
testing of batch product-process equipment to demonstrate compliance
with this subpart.
    (1) Reconfiguration. Each time equipment is reconfigured for
production of a different product or intermediate, the batch product-
process equipment train shall be pressure-tested for leaks before
regulated material is first fed to the equipment and the equipment is
placed in regulated material service.
    (i) When the batch product-process equipment train is reconfigured
to produce a different product, pressure testing is required only for
the new or disturbed equipment.
    (ii) Each batch product process that operates in regulated material
service during a calendar year shall be pressure-tested at least once
during that calendar year.
    (iii) Pressure testing is not required for routine seal breaks, such
as changing hoses or filters, that are not part of the reconfiguration
to produce a different product or intermediate.
    (2) Testing procedures. The batch product process equipment shall be
tested either using the procedures specified in paragraph (b)(5) of this
section for pressure vacuum loss or with a liquid using the procedures
specified in paragraph (b)(6) of this section.
    (3) Leak detection. (i) For pressure or vacuum tests using a gas, a
leak is detected if the rate of change in pressure is greater than 6.9
kilopascals (1 pound per square inch gauge) in 1 hour or if there is
visible, audible, or olfactory evidence of fluid loss.
    (ii) For pressure tests using a liquid, a leak is detected if there
are indications of liquids dripping or if there is other evidence of
fluid loss.
    (4) Leak repair. (i) If a leak is detected, it shall be repaired and
the batch product-process equipment shall be retested before start-up of
the process.
    (ii) If a batch product-process fails the retest (the second of two
consecutive pressure tests), it shall be repaired as soon as practical,
but not later than 30 calendar days after the second pressure test
except as specified in paragraph (e) of this section.
    (5) Gas pressure test procedure for pressure or vacuum loss. The
procedures specified in paragraphs (b)(5)(i) through (b)(5)(v) of this
section shall be used to pressure test batch product-process equipment
for pressure or vacuum loss to demonstrate compliance with the
requirements of paragraph (b)(3)(i) of this section.
    (i) The batch product-process equipment train shall be pressurized
with a gas to a pressure less than the set pressure of any safety relief
devices or valves or to a pressure slightly above the operating pressure
of the equipment, or alternatively the equipment shall be placed under a
vacuum.
    (ii) Once the test pressure is obtained, the gas source or vacuum
source shall be shut off.
    (iii) The test shall continue for not less than 15 minutes unless it
can be determined in a shorter period of time that the allowable rate of
pressure drop or of pressure rise was exceeded. The pressure in the
batch product-process equipment shall be measured after the

[[Page 515]]

gas or vacuum source is shut off and at the end of the test period. The
rate of change in pressure in the batch product-process equipment shall
be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN99.014

Where:

D (P/t) = Change in pressure, pounds per square inch gauge per hour.
Pf = Final pressure, pounds per square inch gauge.
Pi = Initial pressure, pounds per square inch gauge.
tf - ti = Elapsed time, hours.

    (iv) The pressure shall be measured using a pressure measurement
device (gauge, manometer, or equivalent) that has a precision of 2.5
millimeter mercury (0.10 inch of mercury) in the range of test pressure
and is capable of measuring pressures up to the relief set pressure of
the pressure relief device. If such a pressure measurement device is not
reasonably available, the owner or operator shall use a pressure
measurement device with a precision of at least 10 percent of the test
pressure of the equipment and shall extend the duration of the test for
the time necessary to detect a pressure loss or rise that equals a rate
of 1 pound per square inch gauge per hour (7 kilopascals per hour).
    (v) An alternative procedure may be used for leak testing the
equipment if the owner or operator demonstrates the alternative
procedure is capable of detecting a pressure loss or rise.
    (6) Pressure test procedure using test liquid. The procedures
specified in paragraphs (b)(6)(i) through (b)(6)(iv) of this section
shall be used to pressure-test batch product-process equipment using a
liquid to demonstrate compliance with the requirements of paragraph
(b)(3)(ii) of this section.
    (i) The batch product-process equipment train, or section of the
equipment train, shall be filled with the test liquid (e.g., water,
alcohol) until normal operating pressure is obtained. Once the equipment
is filled, the liquid source shall be shut off.
    (ii) The test shall be conducted for a period of at least 60
minutes, unless it can be determined in a shorter period of time that
the test is a failure.
    (iii) Each seal in the equipment being tested shall be inspected for
indications of liquid dripping or other indications of fluid loss. If
there are any indications of liquids dripping or of fluid loss, a leak
is detected.
    (iv) An alternative procedure may be used for leak testing the
equipment, if the owner or operator demonstrates the alternative
procedure is capable of detecting losses of fluid.
    (7) Pressure testing recordkeeping. The owner or operator of a batch
product process who elects to pressure test the batch product process
equipment train to demonstrate compliance with this subpart shall
maintain records of the information specified in paragraphs (b)(7)(i)
through (b)(7)(v) of this section.
    (i) The identification of each product, or product code, produced
during the calendar year. It is not necessary to identify individual
items of equipment in a batch product process equipment train.
    (ii) Physical tagging of the equipment to identify that it is in
regulated material service and subject to the provisions of this subpart
is not required. Equipment in a batch product process subject to the
provisions of this subpart may be identified on a plant site plan, in
log entries, or by other appropriate methods.
    (iii) The dates of each pressure test required in paragraph (b) of
this section, the test pressure, and the pressure drop observed during
the test.
    (iv) Records of any visible, audible, or olfactory evidence of fluid
loss.
    (v) When a batch product process equipment train does not pass two
consecutive pressure tests, the information specified in paragraphs
(b)(7)(v)(A) through (b)(7)(v)(E) of this section shall be recorded in a
log and kept for 2 years:
    (A) The date of each pressure test and the date of each leak repair
attempt.
    (B) Repair methods applied in each attempt to repair the leak.
    (C) The reason for the delay of repair.
    (D) The expected date for delivery of the replacement equipment and
the actual date of delivery of the replacement equipment; and
    (E) The date of successful repair.
    (c) Equipment monitoring. The following requirements shall be met if
an

[[Page 516]]

owner or operator elects to monitor the equipment in a batch process to
detect leaks by the method specified in Sec. 63.1023(b) and, as
applicable, Sec. 63.1023(c), to demonstrate compliance with this
subpart.
    (1) The owner or operator shall comply with the requirements of
Secs. 63.1025 through 63.1035 as modified by paragraphs (c)(2) through
(c)(4) of this section.
    (2) The equipment shall be monitored for leaks by the method
specified in Sec. 63.1023(b) and, as applicable, Sec. 63.1023(c), when
the equipment is in regulated material service or is in use with any
other detectable material.
    (3) The equipment shall be monitored for leaks as specified in
paragraphs (c)(3)(i) through (c)(3)(iv) of this section.
    (i) Each time the equipment is reconfigured for the production of a
new product, the reconfigured equipment shall be monitored for leaks
within 30 days of start-up of the process. This initial monitoring of
reconfigured equipment shall not be included in determining percent
leaking equipment in the process unit or affected facility.
    (ii) Connectors shall be monitored in accordance with the
requirements in Sec. 63.1027.
    (iii) Equipment other than connectors shall be monitored at the
frequencies specified in table 1 to this subpart. The operating time
shall be determined as the proportion of the year the batch product-
process that is subject to the provisions of this subpart is operating.
    (iv) The monitoring frequencies specified in paragraph (c)(3)(iii)
of this section are not requirements for monitoring at specific
intervals and can be adjusted to accommodate process operations. An
owner or operator may monitor anytime during the specified monitoring
period (e.g., month, quarter, year), provided the monitoring is
conducted at a reasonable interval after completion of the last
monitoring campaign. For example, if the equipment is not operating
during the scheduled monitoring period, the monitoring can be done
during the next period when the process is operating.
    (4) If a leak is detected, it shall be repaired as soon as practical
but not later than 15 calendar days after it is detected, except as
provided in paragraph (e) of this section.
    (d) Added equipment recordkeeping. (1) For batch product-process
units or affected facilities that the owner or operator elects to
monitor as provided under paragraph (c) of this section, the owner or
operator shall prepare a list of equipment added to batch product
process units or affected facilities since the last monitoring period
required in paragraphs (c)(3)(ii) and (c)(3)(iii) of this section.
    (2) Maintain records demonstrating the proportion of the time during
the calendar year the equipment is in use in a batch process that is
subject to the provisions of this subpart. Examples of suitable
documentation are records of time in use for individual pieces of
equipment or average time in use for the process unit or affected
facility. These records are not required if the owner or operator does
not adjust monitoring frequency by the time in use, as provided in
paragraph (c)(3)(iii) of this section.
    (3) Record and keep pursuant to the referencing subpart and this
subpart, the date and results of the monitoring required in paragraph
(c)(3)(i) of this section for equipment added to a batch product-process
unit or affected facility since the last monitoring period required in
paragraphs (c)(3)(ii) and (c)(3)(iii) of this section. If no leaking
equipment is found during this monitoring, the owner or operator shall
record that the inspection was performed. Records of the actual
monitoring results are not required.
    (e) Delay of repair. Delay of repair of equipment for which leaks
have been detected is allowed if the replacement equipment is not
available providing the conditions specified in paragraphs (e)(1) and
(e)(2) of this section are met.
    (1) Equipment supplies have been depleted and supplies had been
sufficiently stocked before the supplies were depleted.
    (2) The repair is made no later than 10 calendar days after delivery
of the replacement equipment.
    (f) Periodic report contents. For owners or operators electing to
meet the requirements of paragraph (b) of this section, the Periodic
Report to be filed

[[Page 517]]

pursuant to Sec. 63.1039(b) shall include the information listed in
paragraphs (f)(1) through (f)(4) of this section for each process unit.
    (1) Batch product process equipment train identification;
    (2) The number of pressure tests conducted;
    (3) The number of pressure tests where the equipment train failed
the pressure test; and
    (4) The facts that explain any delay of repairs.



Sec. 63.1037  Alternative means of emission limitation: Enclosed-vented
process units or affected facilities.

    (a) Use of closed vent system and control device. Process units or
affected facilities or portions of process units at affected facilities
enclosed in such a manner that all emissions from equipment leaks are
vented through a closed vent system to a control device or routed to a
fuel gas system or process meeting the requirements of Sec. 63.1034 are
exempt from the requirements of Secs. 63.1025 through 63.1033 and
63.1035. The enclosure shall be maintained under a negative pressure at
all times while the process unit or affected facility is in operation to
ensure that all emissions are routed to a control device.
    (b) Recordkeeping. Owners and operators choosing to comply with the
requirements of this section shall maintain the records specified in
paragraphs (b)(1) through (b)(3) of this section.
    (1) Identification of the process unit(s) or affected facilities and
the regulated materials they handle.
    (2) A schematic of the process unit or affected facility, enclosure,
and closed vent system.
    (3) A description of the system used to create a negative pressure
in the enclosure to ensure that all emissions are routed to the control
device.



Sec. 63.1038  Recordkeeping requirements.

    (a) Recordkeeping system. An owner or operator of more than one
regulated source subject to the provisions of this subpart may comply
with the recordkeeping requirements for these regulated sources in one
recordkeeping system. The recordkeeping system shall identify each
record by regulated source and the type of program being implemented
(e.g., quarterly monitoring, quality improvement) for each type of
equipment. The records required by this subpart are summarized in
paragraphs (b) and (c) of this section.
    (b) General equipment leak records. (1) As specified in
Sec. 63.1022(a) and (b), the owner or operator shall keep general and
specific equipment identification if the equipment is not physically
tagged and the owner or operator is electing to identify the equipment
subject to this subpart through written documentation such as a log or
other designation.
    (2) The owner or operator shall keep a written plan as specified in
Sec. 63.1022(c)(4) for any equipment that is designated as unsafe- or
difficult-to-monitor.
    (3) The owner or operator shall maintain a record of the identity
and an explanation as specified in Sec. 63.1022(d)(2) for any equipment
that is designated as unsafe-to-repair.
    (4) As specified in Sec. 63.1022(e), the owner or operator shall
maintain the identity of compressors operating with an instrument
reading of less than 500 parts per million.
    (5) The owner or operator shall keep records associated with the
determination that equipment is in heavy liquid service as specified in
Sec. 63.1022(f).
    (6) The owner or operator shall keep records for leaking equipment
as specified in Sec. 63.1023(e)(2).
    (7) The owner or operator shall keep records for leak repair as
specified in Sec. 63.1024(f) and records for delay of repair as
specified in Sec. 63.1024(d).
    (c) Specific equipment leak records. (1) For valves, the owner or
operator shall maintain the records specified in paragraphs (c)(1)(i)
and (c)(1)(ii) of this section.
    (i) The monitoring schedule for each process unit as specified in
Sec. 63.1025(b)(3)(vi).
    (ii) The valve subgrouping records specified in
Sec. 63.1025(b)(4)(iv), if applicable.
    (2) For pumps, the owner or operator shall maintain the records
specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.

[[Page 518]]

    (i) Documentation of pump visual inspections as specified in
Sec. 63.1026(b)(4).
    (ii) Documentation of dual mechanical seal pump visual inspections
as specified in Sec. 63.1026(e)(1)(v).
    (iii) For the criteria as to the presence and frequency of drips for
dual mechanical seal pumps, records of the design criteria and
explanations and any changes and the reason for the changes, as
specified in Sec. 63.1026(e)(1)(i).
    (3) For connectors, the owner or operator shall maintain the
monitoring schedule for each process unit as specified in
Sec. 63.1027(b)(3)(v).
    (4) For agitators, the owner or operator shall maintain the
following records:
    (i) Documentation of agitator seal visual inspections as specified
in Sec. 63.1028; and
    (ii) For the criteria as to the presence and frequency of drips for
agitators, the owner or operator shall keep records of the design
criteria and explanations and any changes and the reason for the
changes, as specified in Sec. 63.1028(e)(1)(vi).
    (5) For pressure relief devices in gas and vapor or light liquid
service, the owner or operator shall keep records of the dates and
results of monitoring following a pressure release, as specified in
Sec. 63.1030(c)(3).
    (6) For compressors, the owner or operator shall maintain the
records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this
section.
    (i) For criteria as to failure of the seal system and/or the barrier
fluid system, record the design criteria and explanations and any
changes and the reason for the changes, as specified in
Sec. 63.1031(d)(2).
    (ii) For compressors operating under the alternative compressor
standard, record the dates and results of each compliance test as
specified in Sec. 63.1031(f)(2).
    (7) For a pump QIP program, the owner or operator shall maintain the
records specified in paragraphs (c)(7)(i) through (c)(7)(v) of this
section.
    (i) Individual pump records as specified in Sec. 63.1035(d)(2).
    (ii) Trial evaluation program documentation as specified in
Sec. 63.1035(d)(6)(iii).
    (iii) Engineering evaluation documenting the basis for judgement
that superior emission performance technology is not applicable as
specified in Sec. 63.1035(d)(6)(vi).
    (iv) Quality assurance program documentation as specified in
Sec. 63.1035(d)(7).
    (v) QIP records as specified in Sec. 63.1035(e).
    (8) For process units complying with the batch process unit
alternative, the owner or operator shall maintain the records specified
in paragraphs (c)(8)(i) and (c)(8)(ii) of this section.
    (i) Pressure test records as specified in Sec. 63.1036(b)(7).
    (ii) Records for equipment added to the process unit as specified in
Sec. 63.1036(d).
    (9) For process units complying with the enclosed-vented process
unit alternative, the owner or operator shall maintain the records for
enclosed-vented process units as specified in Sec. 63.1037(b).



Sec. 63.1039  Reporting requirements.

    (a) Initial Compliance Status Report. Each owner or operator shall
submit an Initial Compliance Status Report according to the procedures
in the referencing subpart. The notification shall include the
information listed in paragraphs (a)(1) through (a)(3) of this section,
as applicable.
    (1) The notification shall provide the information listed in
paragraphs (a)(1)(i) through (a)(1)(iv) of this section for each process
unit or affected facility subject to the requirements of this subpart.
    (i) Process unit or affected facility identification.
    (ii) Number of each equipment type (e.g., valves, pumps) excluding
equipment in vacuum service.
    (iii) Method of compliance with the standard (e.g., ``monthly leak
detection and repair'' or ``equipped with dual mechanical seals'').
    (iv) Planned schedule for requirements in Secs. 63.1025 and 63.1026.
    (2) The notification shall provide the information listed in
paragraphs (a)(2)(i) and (a)(2)(ii) of this section for each process
unit or affected facility subject to the requirements of
Sec. 63.1036(b).

[[Page 519]]

    (i) Batch products or product codes subject to the provisions of
this subpart, and
    (ii) Planned schedule for pressure testing when equipment is
configured for production of products subject to the provisions of this
subpart.
    (3) The notification shall provide the information listed in
paragraphs (a)(3)(i) and (a)(3)(ii) of this section for each process
unit or affected facility subject to the requirements in Sec. 63.1037.
    (i) Process unit or affected facility identification.
    (ii) A description of the system used to create a negative pressure
in the enclosure and the control device used to comply with the
requirements of Sec. 63.1034 of this part.
    (b) Periodic Reports. The owner or operator shall report the
information specified in paragraphs (b)(1) through (b)(8) of this
section, as applicable, in the Periodic Report specified in the
referencing subpart.
    (1) For the equipment specified in paragraphs (b)(1)(i) through
(b)(1)(v) of this section, report in a summary format by equipment type,
the number of components for which leaks were detected and for valves,
pumps and connectors show the percent leakers, and the total number of
components monitored. Also include the number of leaking components that
were not repaired as required by Sec. 63.1024, and for valves and
connectors, identify the number of components that are determined by
Sec. 63.1025(c)(3) to be nonrepairable.
    (i) Valves in gas and vapor service and in light liquid service
pursuant to Sec. 63.1025(b) and (c).
    (ii) Pumps in light liquid service pursuant to Sec. 63.1026(b) and
(c).
    (iii) Connectors in gas and vapor service and in light liquid
service pursuant to Sec. 63.1027(b) and (c).
    (iv) Agitators in gas and vapor service and in light liquid service
pursuant to Sec. 63.1028(c).
    (v) Compressors pursuant to Sec. 63.1031(d).
    (2) Where any delay of repair is utilized pursuant to
Sec. 63.1024(d), report that delay of repair has occurred and report the
number of instances of delay of repair.
    (3) If applicable, report the valve subgrouping information
specified in Sec. 63.1025(b)(4)(iv).
    (4) For pressure relief devices in gas and vapor service pursuant to
Sec. 63.1030(b) and for compressors pursuant to Sec. 63.1031(f) that are
to be operated at a leak detection instrument reading of less than 500
parts per million, report the results of all monitoring to show
compliance conducted within the semiannual reporting period.
    (5) Report, if applicable, the initiation of a monthly monitoring
program for valves pursuant to Sec. 63.1025(b)(3)(i).
    (6) Report, if applicable, the initiation of a quality improvement
program for pumps pursuant to Sec. 63.1035.
    (7) Where the alternative means of emissions limitation for batch
processes is utilized, report the information listed in Sec. 63.1036(f).
    (8) Report the information listed in paragraph (a) of this section
for the Initial Compliance Status Report for process units or affected
facilities with later compliance dates. Report any revisions to items
reported in an earlier Initial Compliance Status Report if the method of
compliance has changed since the last report.



   Sec. Table 1 to Subpart UU of Part 63--Batch Processes Monitoring
              Frequency For Equipment Other Than Connectors

----------------------------------------------------------------------------------------------------------------
                                           Equivalent continuous process monitoring frequency time in use
    Operating time (% of year)    ------------------------------------------------------------------------------
                                            Monthly                   Quarterly               Semiannually
----------------------------------------------------------------------------------------------------------------
 0 to <25%.......................  Quarterly................  Annually................  Annually.
25 to <50%.......................  Quarterly................  Semiannually............  Annually.
50 to <75%.......................  Bimonthly................  Three times.............  Semiannually.
75 to 100%.......................  Monthly..................  Quarterly...............  Semiannually.
----------------------------------------------------------------------------------------------------------------


[[Page 520]]



  Subpart VV_National Emission Standards for Oil-Water Separators and
                        Organic-Water Separators

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



Sec. 63.1040  Applicability.

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



Sec. 63.1041  Definitions.

    All terms used in this subpart shall have the meaning given to them
in the Act and in this section. If a term is defined in both this
section and in another subpart that references the use of this subpart,
then the definition in this subpart shall take precedence when
implementing this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other
type of fitting that, when the device is secured in the closed position,
prevents or reduces air emissions to the atmosphere by blocking an
opening in a fixed roof or floating roof. Closure devices include
devices that are detachable from the cover (e.g., a sampling port cap),
manually operated (e.g., a hinged access lid or hatch), or automatically
operated (e.g., a spring-loaded pressure relief valve).
    Continuous seal means a seal that forms a continuous closure that
completely covers the space between the edge of the floating roof and
the wall of a separator. A continuous seal may be constructed of
fastened segments so as to form a continuous seal.
    Fixed roof means a cover that is mounted on a separator in a
stationary position and does not move with fluctuations in the level of
the liquid managed in the separator.
    Floating roof means a pontoon-type or double-deck type cover that
rests upon and is supported by the liquid managed in a separator.
    Liquid-mounted seal means a foam- or liquid-filled continuous seal
that is mounted between the wall of the separator and the floating roof,
and the seal is in contact with the liquid in a separator.
    Oil-water separator means a separator as defined for this subpart
that is used to separate oil from water.
    Organic-water separator means a separator as defined for this
subpart that is used to separate organics from water.
    Metallic shoe seal means a continuous seal that is constructed of
metal sheets which are held vertically against the wall of the separator
by springs, weighted levers, or other mechanisms and is connected to the
floating roof by braces or other means. A flexible coated fabric
(envelope) spans the annular space between the metal sheet and the
floating roof.
    No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in
Sec. 63.1046(a) of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in separators using air emission
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions to prevent physical damage or permanent deformation to
equipment by venting gases or vapors during unsafe conditions resulting
from an unplanned, accidental, or emergency event. For the purpose of
this subpart, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath a cover such as during
filling of the unit or to adjust the pressure in this vapor headspace in
response to

[[Page 521]]

normal daily diurnal ambient temperature fluctuations. A safety device
is designed to remain in a closed position during normal operations and
open only when the internal pressure, or another relevant parameter,
exceeds the device threshold setting applicable to the equipment as
determined by the owner or operator based on manufacturer
recommendations, applicable regulations, fire protection and prevention
codes, standard engineering codes and practices, or other requirements
for the safe handling of flammable, combustible, explosive, reactive, or
hazardous materials.
    Separator means a waste management unit, generally a tank, that is
used to separate oil or organics from water. A separator consists of not
only the separation unit but also the forebay and other separator
basins, skimmers, weirs, grit chambers, sludge hoppers, and bar screens
that are located directly after the individual drain system and prior to
any additional treatment units such as an air flotation unit clarifier
or biological treatment unit. Examples of a separator include an API
separator, parallel-plate interceptor, and corrugated-plate interceptor
with the associated ancillary equipment.

[61 FR 34195, July 1, 1996, as amended at 64 FR 38991, July 20, 1999]



Sec. 63.1042  Standards--Separator fixed roof.

    (a) This section applies to owners and operators subject to this
subpart and controlling air emissions from an oil-water separator or
organic-water separator using a fixed roof.
    (b) The separator shall be equipped with a fixed roof designed to
meet the following specifications:
    (1) The fixed roof and its closure devices shall be designed to form
a continuous barrier over the entire surface area of the liquid in the
separator.
    (2) The fixed roof shall be installed in a manner such that there
are no visible cracks, holes, gaps, or other open spaces between roof
section joints or between the interface of the roof edge and the
separator wall.
    (3) Each opening in the fixed roof shall be equipped with a closure
device designed to operate such that when the closure device is secured
in the closed position there are no visible cracks, holes, gaps, or
other open spaces in the closure device or between the perimeter of the
opening and the closure device.
    (4) The fixed roof and its closure devices shall be made of suitable
materials that will minimize exposure of the regulated-material to the
atmosphere, to the extent practical, and will maintain the integrity of
the equipment throughout its intended service life. Factors to be
considered when selecting the materials for and designing the fixed roof
and closure devices shall include: organic vapor permeability; the
effects of any contact with the liquid and its vapors managed in the
separator; the effects of outdoor exposure to wind, moisture, and
sunlight; and the operating practices used for the separator on which
the fixed roof is installed.
    (c) Whenever a regulated-material is in the separator, the fixed
roof shall be installed with each closure device secured in the closed
position except as follows:
    (1) Opening of closure devices or removal of the fixed roof is
allowed at the following times:
    (i) To provide access to the separator for performing routine
inspection, maintenance, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a port to sample the liquid in the separator, or
when a worker needs to open a hatch to maintain or repair equipment.
Following completion of the activity, the owner or operator shall
promptly secure the closure device in the closed position or reinstall
the cover, as applicable, to the separator.
    (ii) To remove accumulated sludge or other residues from the bottom
of separator.
    (2) Opening of a spring-loaded pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which vents
to the atmosphere is allowed during normal operations for the purpose of
maintaining the pressure in vapor headspace underneath the fixed roof in
accordance with the separator design specifications. The device

[[Page 522]]

shall be designed to operate with no detectable organic emissions, as
determined using the procedure specified in Sec. 63.1046(a) of this
subpart, when the device is secured in the closed position. The settings
at which the device opens shall be established such that the device
remains in the closed position whenever the pressure in the vapor
headspace underneath the fixed roof is within the pressure operating
range determined by the owner or operator based on the cover
manufacturer recommendations, applicable regulations, fire protection
and prevention codes, standard engineering codes and practices, or other
requirements for the safe handling of flammable, ignitable, explosive,
reactive, or hazardous materials.
    (3) Opening of a safety device, as defined in Sec. 63.1041 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
    (d) The owner or operator shall inspect the fixed roof and any
closure devices in accordance with the requirements specified in
Sec. 63.1047(a) of this subpart.



Sec. 63.1043  Standards--Separator floating roof.

    (a) This section applies to owners and operators subject to this
subpart and controlling air emissions from an oil-water separator or
organic-water separator using a floating roof.
    (b) The separator shall be equipped with a floating roof designed to
meet the following specifications:
    (1) The floating roof shall be designed to float on the liquid
surface during normal operations.
    (2) The floating roof shall be equipped with two continuous seals,
one above the other, between the wall of the separator and the roof
edge. The lower seal is referred to as the primary seal, and the upper
seal is referred to as the secondary seal.
    (i) The primary seal shall be a liquid-mounted seal or a metallic
shoe seal, as defined in Sec. 63.1041 of this subpart. The total area of
the gaps between the separator wall and the primary seal shall not
exceed 67 square centimeters (cm\2\) per meter of separator wall
perimeter, and the width of any portion of these gaps shall not exceed
3.8 centimeters (cm).
    (ii) The secondary seal shall be mounted above the primary seal and
cover the annular space between the floating roof and the wall of the
separator. The total area of the gaps between the separator wall and the
secondary seal shall not exceed 6.7 square centimeters (cm\2\) per meter
of separator wall perimeter, and the width of any portion of these gaps
shall not exceed 1.3 centimeters (cm).
    (3) Except as provided for in paragraph (b)(4) of this section, each
opening in the floating roof shall be equipped with a closure device
designed to operate such that when the closure device is secured in the
closed position there are no visible cracks, holes, gaps, or other open
spaces in the closure device or between the perimeter of the cover
opening and the closure device.
    (4) The floating roof may be equipped with one or more emergency
roof drains for removal of stormwater. Each emergency roof drain shall
be equipped with a slotted membrane fabric cover that covers at least 90
percent of the area of the opening or a flexible fabric sleeve seal.
    (c) Whenever a regulated-material is in the separator, the floating
roof shall float on the liquid (i.e., off the roof supports) and each
closure device shall be secured in the closed position except as
follows:
    (1) Opening of closure devices is allowed at the following times:
    (i) To provide access to the separator for performing routine
inspection, maintenance, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a port to sample the liquid in the separator, or
when a worker needs to open a hatch to maintain or repair equipment.
Following completion of the activity, the owner or operator shall
promptly secure the closure device in the closed position.
    (ii) To remove accumulated sludge or other residues from the bottom
of separator.
    (2) Opening of a safety device, as defined in Sec. 63.1041 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.

[[Page 523]]

    (d) The owner or operator shall inspect the floating roof in
accordance with the procedures specified in Sec. 63.1047(b) of this
subpart.



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

    (a) This section applies to owners and operators controlling air
emissions from an oil-water or organic-water separator using a fixed
roof and venting the vapor headspace underneath the fixed roof through a
closed-vent system to a control device.
    (b) The separator shall be covered by a fixed roof and vented
directly through a closed-vent system to a control device in accordance
with the following requirements:
    (1) The fixed roof and its closure devices shall be designed to form
a continuous barrier over the entire surface area of the liquid in the
separator.
    (2) Each opening in the fixed roof not vented to the control device
shall be equipped with a closure device. If the pressure in the vapor
headspace underneath the fixed roof is less than atmospheric pressure
when the control device is operating, the closure devices shall be
designed to operate such that when the closure device is secured in the
closed position there are no visible cracks, holes, gaps, or other open
spaces in the closure device or between the perimeter of the cover
opening and the closure device. If the pressure in the vapor headspace
underneath the fixed roof is equal to or greater than atmospheric
pressure when the control device is operating, the closure device shall
be designed to operate with no detectable organic emissions, as
determined using the procedure specified in Sec. 63.1046(a) of this
subpart.
    (3) The fixed roof and its closure devices shall be made of suitable
materials that will minimize exposure of the regulated-material to the
atmosphere, to the extent practical, and will maintain the integrity of
the equipment throughout its intended service life. Factors to be
considered when selecting the materials for and designing the fixed roof
and closure devices shall include: organic vapor permeability; the
effects of any contact with the liquid or its vapors managed in the
separator; the effects of outdoor exposure to wind, moisture, and
sunlight; and the operating practices used for the separator on which
the fixed roof is installed.
    (4) The closed-vent system and control device shall be designed and
operated in accordance with the requirements of Sec. 63.693 in 40 CFR
part 63, subpart DD--National Emission Standards for Hazardous Air
Pollutants from Off-Site Waste and Recovery Operations.
    (c) Whenever a regulated-material is in the separator, the fixed
roof shall be installed with each closure device secured in the closed
position and the vapor headspace underneath the fixed roof vented to the
control device except as follows:
    (1) Venting to the control device is not required, and opening of
closure devices or removal of the fixed roof is allowed at the following
times:
    (i) To provide access to the separator for performing routine
inspection, maintenance, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a port to sample liquid in the separator, or when a
worker needs to open a hatch to maintain or repair equipment. Following
completion of the activity, the owner or operator shall promptly secure
the closure device in the closed position or reinstall the cover, as
applicable, to the separator.
    (ii) To remove accumulated sludge or other residues from the bottom
of separator.
    (2) Opening of a safety device, as defined in Sec. 63.1041 of this
subpart, is allowed at any time conditions require it to do so to avoid
an unsafe condition.
    (d) The owner or operator shall inspect and monitor the air emission
control equipment in accordance with the procedures specified in
Sec. 63.1047(c) of this subpart.



Sec. 63.1045  Standards--Pressurized separator.

    (a) This section applies to owners and operators controlling air
emissions from an oil-water or organic-water separator that is
pressurized and is operated as a closed-system.
    (b) The pressurized separator must meet the following requirements.

[[Page 524]]

    (1) The separator must be designed not to vent to the atmosphere as
a result of compression of the vapor headspace in the separator during
operation of the separator at its design capacity.
    (2) All separator openings must be equipped with closure devices
designed to operate with no detectable organic emissions as determined
using the procedure specified in Sec. 63.1046(a) of this subpart.
    (3) Whenever a regulated-material is in the separator, the separator
must be operated as a closed system that does not vent to the atmosphere
except under either of the following conditions as specified in
paragraph (b)(3)(i) or (b)(3)(ii) of this section.
    (i) At those times when opening of a safety device, as defined in
Sec. 63.1041 of this subpart, is required to avoid an unsafe condition.
    (ii) At those times when purging of inerts from the separator is
required, and the purge stream is routed to a closed-vent system and
control device designed and operated in accordance with the applicable
requirements of Sec. 63.693.

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



Sec. 63.1046  Test methods and procedures.

    (a) Procedure for determining no detectable organic emissions for
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to: the interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the unit contains a material
having a total organic concentration representative of the range of
concentrations for the materials expected to be managed in the unit.
During the test, the cover and closure devices shall be secured in the
closed position.
    (3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the material placed
in the unit, not for each individual organic constituent.
    (4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane in air at a concentration of
approximately, but less than 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the
detection instrument readings to account for the background organic
concentration level. If an owner or operator chooses to adjust the
instrument readings for the background level, the background level value
must be determined according to the procedures in Method 21 of 40 CFR
part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing the
instrument probe around the potential leak interface as close to the
interface as possible, as described in Method 21. In the case when the
configuration of the cover or closure device prevents a complete
traverse of the interface, all accessible portions of the interface
shall be sampled. In the case when the configuration of the closure
device prevents any sampling at the interface and the device is equipped
with an enclosed extension or horn (e.g., some pressure relief devices),
the instrument probe inlet shall be placed at approximately the center
of the exhaust area to the atmosphere.
    (8) An owner or operator must determine if a potential leak
interface operates with no detectable emissions using the applicable
procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this
section.

[[Page 525]]

    (i) If an owner or operator chooses not to adjust the detection
instrument readings for the background organic concentration level, then
the maximum organic concentration value measured by the detection
instrument is compared directly to the applicable value for the
potential leak interface as specified in paragraph (a)(9) of this
section.
    (ii) If an owner or operator chooses to adjust the detection
instrument readings for the background organic concentration level, the
value of the arithmetic difference between the maximum organic
concentration value measured by the instrument and the background
organic concentration value as determined in paragraph (a)(6) of this
section is compared with the applicable value for the potential leak
interface as specified in paragraph (a)(9) of this section.
    (9) A potential leak interface is determined to operate with no
detectable emissions using the applicable criteria specified in
paragraphs (a)(9)(i) and (a)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft
that passes through a cover opening, the potential leak interface is
determined to operate with no detectable organic emissions if the
organic concentration value determined in paragraph (a)(8) is less than
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening,
the potential leak interface is determined to operate with no detectable
organic emissions if the organic concentration value determined in
paragraph (a)(8) is less than 10,000 ppmv.
    (b) Procedure for performing floating roof seal gap measurements for
the purpose of complying with this subpart.
    (1) The owner or operator shall determine the total surface area of
gaps in the primary seal and in the secondary seal individually.
    (2) The seal gap measurements shall be performed at one or more
floating roof levels when the roof is floating off the roof supports.
    (3) Seal gaps, if any, shall be measured around the entire perimeter
of the floating roof in each place where 0.32-centimeter (cm) (\1/8\
inch) diameter uniform probe passes freely (without forcing or binding
against the seal) between the seal and the wall of the separator and
measure the circumferential distance of each such location.
    (4) For a seal gap measured under paragraph (b)(2) of this section,
the gap surface area shall be determined by using probes of various
widths to measure accurately the actual distance from the separator wall
to the seal and multiplying each such width by its respective
circumferential distance.
    (5) The total gap area shall be calculated by adding the gap surface
areas determined for each identified gap location for the primary seal
and the secondary seal individually, and then dividing the sum for each
seal type by the nominal perimeter of the separator basin. These total
gap areas for the primary seal and secondary seal then are compared to
the respective standards for the seal type as specified in
Sec. 63.1043(b)(2) of this subpart.

[61 FR 34195, July 1, 1996, as amended at 64 FR 38991, July 20, 1999]



Sec. 63.1047  Inspection and monitoring requirements.

    (a) Owners and operators that use a separator equipped with a fixed
roof in accordance with the provisions of Sec. 63.1042 of this subpart
shall meet the following requirements:
    (1) The fixed roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions to the atmosphere. Defects include, but are not
limited to, visible cracks, holes, or gaps in the roof sections or
between the roof and the separator wall; broken, cracked, or otherwise
damaged seals or gaskets on closure devices; and broken or missing
hatches, access covers, caps, or other closure devices.
    (2) The owner or operator must perform an initial inspection
following installation of the fixed roof. Thereafter, the owner or
operator must perform the inspections at least once every calendar year
except as provided for in paragraph (e) of this section.
    (3) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the

[[Page 526]]

requirements of paragraph (d) of this section.
    (4) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.1048(a)(2) of
this subpart.
    (b) Owners and operators that use a separator equipped with a
floating roof in accordance with the provisions of Sec. 63.1043 of this
subpart shall meet the following requirements:
    (1) The owner or operator shall measure the floating roof seal gaps
using the procedure specified in Sec. 63.1046(b) of this subpart in
accordance with the following requirements:
    (i) The owner or operator shall perform measurements of gaps between
the separator wall and the primary seal within 60 days after initial
operation of the separator following installation of the floating roof
and, thereafter, at least once every 5 years.
    (ii) The owner or operator shall perform measurements of gaps
between the separator wall and the secondary seal within 60 days after
initial operation of the separator following installation of the
floating roof and, thereafter, at least once every year.
    (iii) If a separator ceases to hold regulated-material for a period
of 1 year or more, subsequent introduction of regulated-material into
the separator shall be considered an initial operation for the purpose
of complying with paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
    (iv) In the event that the seal gap measurements do not conform to
the specifications in Sec. 63.1043(b)(2) of this subpart, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (d) of this section.
    (v) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.1048 (a)(2) and
(b) of this subpart.
    (2) The owner or operator shall visually inspect the floating roof
in accordance with the following requirements:
    (i) The floating roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions to the atmosphere. Defects include, but are not
limited to: holes, tears, or other openings in the rim seal or seal
fabric of the floating roof; a rim seal detached from the floating roof;
all or a portion of the floating roof deck being submerged below the
surface of the liquid in the separator; broken, cracked, or otherwise
damaged seals or gaskets on closure devices; and broken or missing
hatches, access covers, caps, or other closure devices.
    (ii) The owner or operator shall perform the inspections following
installation of the floating roof and, thereafter, at least once every
year.
    (iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of paragraph
(d) of this section.
    (iv) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.1048(a)(2) of
this subpart.
    (c) Owners and operators that use a separator equipped with a fixed
roof and vented through a closed-vent system to a control device in
accordance with the provisions of Sec. 63.1044 of this subpart shall
inspect the air emission control equipment as follows:
    (1) The owner or operator shall visually inspect the fixed roof in
accordance with the following requirements:
    (i) The fixed roof and its closure devices shall be visually
inspected by the owner or operator to check for defects that could
result in air emissions. Defects include, but are not limited to,
visible cracks, holes, or gaps in the roof sections or between the roof
and the separator wall; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices.
    (ii) The owner or operator must perform an initial inspection
following installation of the fixed roof. Thereafter, the owner or
operator must perform the inspections at least once every calendar year
except as provided for in paragraph (e) of this section.
    (iii) In the event that a defect is detected, the owner or operator
shall repair the defect in accordance with the requirements of paragraph
(d) of this section.

[[Page 527]]

    (iv) The owner or operator shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 63.1048(a)(2) of
this subpart.
    (2) The owner or operator shall inspect and monitor the closed-vent
system and the control device in accordance with the requirements
specified in Sec. 63.693 in 40 CFR 63 subpart DD--National Emission
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery
Operations.
    (d) The owner or operator shall repair all detected defects as
follows:
    (1) The owner or operator shall make first efforts at repair of the
defect no later than 5 calendar days after detection and repair shall be
completed as soon as possible but no later than 45 calendar days after
detection except as provided in paragraph (d)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if the
owner or operator determines that repair of the defect requires emptying
or temporary removal from service of the separator and no alternative
treatment capacity is available at the facility site to accept the
regulated-material normally treated in the separator. In this case, the
owner or operator shall repair the defect at the next time the process
or unit that is generating the regulated-material managed in the
separator stops operation. Repair of the defect shall be completed
before the process or unit resumes operation.
    (3) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in
Sec. 63.1048(a)(3) of this subpart.
    (e) Alternative inspection interval. Following the initial
inspection of a fixed roof in accordance with the applicable provisions
of this section, subsequent inspection of the fixed roof may be
performed at intervals longer than 1 year when an owner or operator
determines that performing the required inspection would expose a worker
to dangerous, hazardous, or otherwise unsafe conditions and the owner or
operator complies with the requirements specified in paragraphs (e)(1)
and (e)(2) of this section.
    (1) The owner or operator must prepare and maintain at the plant
site written documentation identifying the specific fixed roof
designated as ``unsafe to inspect.'' The documentation must include for
each fixed roof designated as such a written explanation of the reasons
why the fixed roof is unsafe to inspect using the applicable procedures
under this section.
    (2) The owner or operator must develop and implement a written plan
and schedule to inspect and monitor the fixed roof using the applicable
procedures specified in this section during times when a worker can
safely access the fixed roof. The required inspections and monitoring
must be performed as frequently as practicable but do not need to be
performed more frequently than the periodic schedule that would be
otherwise applicable to the fixed roof under the provisions of this
section. A copy of the written plan and schedule must be maintained at
the plant site.

[61 FR 34195, July 1, 1996, as amended at 64 FR 38992, July 20, 1999]



Sec. 63.1048  Recordkeeping requirements.

    (a) Each owner or operator shall prepare and maintain the following
records:
    (1) Documentation describing the design of each floating roof and
fixed roof installed on a separator, as applicable to the separator.
When a floating roof is used, the documentation shall include the
dimensions of the separator bay or section in which the floating roof is
installed.
    (2) A record for each inspection required by Sec. 63.1047 of this
subpart that includes the following information: a separator
identification number (or other unique identification description as
selected by the owner or operator) and the date of inspection.
    (3) The owner or operator shall record for each defect detected
during inspections required by Sec. 63.1047 of this subpart the
following information: the location of the defect, a description of the
defect, the date of detection, and corrective action taken to repair the
defect. In the event that repair of the defect is delayed in accordance
with the provisions of Sec. 63.1047(d)(2) of this section, the owner or
operator shall also record the reason for the delay and the date that
completion of repair of the defect is expected.

[[Page 528]]

    (b) Owners and operators that use a separator equipped with a
floating roof in accordance with the provisions of Sec. 63.1043 of this
subpart shall prepare and maintain records for each inspection required
by Sec. 63.1047(b)(1) describing the results of the seal gap
measurements. The records shall include the date of the measurements
performed, the raw data obtained for the measurements, and the
calculations of the total gap surface area. In the event that the seal
gap measurements do not conform to the specifications in
Sec. 63.1043(b)(2) of this subpart, the records shall include a
description of the repairs that were made, the date the repairs were
made, and the date the separator was emptied, if necessary.
    (c) Owners and operators that use a separator equipped with a fixed-
roof and vented through a closed-vent system to a control device in
accordance with the provisions of Sec. 63.1044 of this subpart shall
prepare and maintain the records required for the closed-vent system and
control device in accordance with the requirements of Sec. 63.693 in 40
CFR 63 subpart DD--National Emission Standards for Hazardous Air
Pollutants from Off-Site Waste and Recovery Operations.



Sec. 63.1049  Reporting requirements.

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



Sec. 63.1050  Implementation and enforcement.

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

[68 FR 37355, June 23, 2003]



   Subpart WW_National Emission Standards for Storage Vessels (Tanks)_
                             Control Level 2

    Source: 64 FR 34918, June 29, 1999, unless otherwise noted.



Sec. 63.1060  Applicability.

    The provisions of this subpart apply to the control of air emissions
from

[[Page 529]]

storage vessels for which another subpart references the use of this
subpart for such air emission control. These air emission standards for
storage vessels are placed here for administrative convenience and only
apply to those owners and operators of facilities subject to a
referencing subpart. The provisions of subpart A (General Provisions) of
this part do not apply to this subpart except as noted in the
referencing subpart.



Sec. 63.1061  Definitions.

    All terms used in this subpart shall have the meaning given them in
the Act and in this section.
    Capacity means the volume of liquid that is capable of being stored
in a vessel, determined by multiplying the vessel's internal cross-
sectional area by the internal height of the shell.
    Deck cover means a device which covers an opening in a floating roof
deck. Some deck covers move horizontally relative to the deck (i.e., a
sliding cover).
    Empty or emptying means the partial or complete removal of stored
liquid from a storage vessel. Storage vessels that contain liquid only
as wall or bottom clingage, or in pools due to bottom irregularities,
are considered completely empty.
    External floating roof or EFR means a floating roof located in a
storage vessel without a fixed roof.
    Fill or filling means the introduction of liquid into a storage
vessel, but not necessarily to capacity.
    Fixed roof means a roof that is mounted (i.e., permanently affixed)
on a storage vessel and that does not move with fluctuations in stored
liquid level.
    Flexible fabric sleeve seal means a seal made of an elastomeric
fabric (or other material) which covers an opening in a floating roof
deck, and which allows the penetration of a fixed roof support column.
The seal is attached to the rim of the deck opening and extends to the
outer surface of the column. The seal is draped (but does not contact
the stored liquid) to allow the horizontal movement of the deck relative
to the column.
    Floating roof means a roof that floats on the surface of the liquid
in a storage vessel. A floating roof substantially covers the stored
liquid surface (but is not necessarily in contact with the entire
surface), and is comprised of a deck, a rim seal, and miscellaneous deck
fittings.
    Initial fill or initial filling means the first introduction of
liquid into a storage vessel that is either newly constructed or has not
been in liquid service for a year or longer.
    Internal floating roof or IFR means a floating roof located in a
storage vessel with a fixed roof. For the purposes of this subpart, an
external floating roof located in a storage vessel to which a fixed roof
has been added is considered to be an internal floating roof.
    Liquid-mounted seal means a resilient or liquid-filled rim seal
designed to contact the stored liquid.
    Mechanical shoe seal or metallic shoe seal means a rim seal
consisting of a band of metal (or other suitable material) as the
sliding contact with the wall of the storage vessel, and a fabric seal
to close the annular space between the band and the rim of the floating
roof deck. The band is typically formed as a series of sheets (shoes)
that are overlapped or joined together to form a ring. The lower end of
the band extends into the stored liquid.
    Pole float means a float located inside a guidepole that floats on
the surface of the stored liquid. The rim of the float has a wiper or
seal that extends to the inner surface of the pole.
    Pole sleeve means a device which extends from either the cover or
the rim of an opening in a floating roof deck to the outer surface of a
pole that passes through the opening. The sleeve extends into the stored
liquid.
    Pole wiper means a seal that extends from either the cover or the
rim of an opening in a floating roof deck to the outer surface of a pole
that passes through the opening.
    Referencing subpart means the subpart that refers an owner or
operator to this subpart.
    Rim seal means a device attached to the rim of a floating roof deck
that spans the annular space between the deck and the wall of the
storage vessel. When a floating roof has only one such device, it is a
primary seal; when there are two seals (one mounted above the

[[Page 530]]

other), the lower seal is the primary seal and the upper seal is the
secondary seal.
    Slotted guidepole means a guidepole or gaugepole that has slots or
holes through the wall of the pole. The slots or holes allow the stored
liquid to flow into the pole at liquid levels above the lowest operating
level.
    Storage vessel or Tank means a stationary unit that is constructed
primarily of nonearthen materials (such as wood, concrete, steel,
fiberglass, or plastic) which provide structural support and is designed
to hold an accumulation of liquids or other materials.
    Vapor-mounted seal means a rim seal designed not to be in contact
with the stored liquid. Vapor-mounted seals may include, but are not
limited to, resilient seals and flexible wiper seals.



Sec. 63.1062  Storage vessel control requirements.

    (a) For each storage vessel to which this subpart applies, the owner
or operator shall comply with one of the requirements listed in
paragraphs (a)(1) through (a)(3) of this section.
    (1) Operate and maintain an IFR.
    (2) Operate and maintain an EFR.
    (3) Equivalent requirements. Comply with an equivalent to the
requirements in paragraph (a)(1) or (a)(2) of this section, as provided
in Sec. 63.1064.
    (b) [Reserved]



Sec. 63.1063  Floating roof requirements.

    The owner or operator who elects to use a floating roof to comply
with the requirements of Sec. 63.1062 shall comply with the requirements
in paragraphs (a) through (e) of this section.
    (a) Design requirements--(1) Rim seals. (i) Internal floating roof.
An IFR shall be equipped with one of the seal configurations listed in
paragraphs (a)(1)(i)(A) through (a)(1)(i)(C) of this section.
    (A) A liquid-mounted seal.
    (B) A mechanical shoe seal.
    (C) Two seals mounted one above the other. The lower seal may be
vapor-mounted.
    (D) If the IFR is equipped with a vapor-mounted seal as of the
proposal date for a referencing subpart, paragraphs (a)(1)(i)(A) through
(a)(1)(i)(C) of this section do not apply until the next time the
storage vessel is completely emptied and degassed, or 10 years after
promulgation of the referencing subpart, whichever occurs first.
    (ii) External floating roof. An EFR shall be equipped with one of
the seal configurations listed in paragraphs (a)(1)(ii)(A) and
(a)(1)(ii)(B) of this section.
    (A) A liquid-mounted seal and a secondary seal.
    (B) A mechanical shoe seal and a secondary seal. The upper end of
the shoe(s) shall extend a minimum of 61 centimeters (24 inches) above
the stored liquid surface.
    (C) If the EFR is equipped with a liquid-mounted seal or mechanical
shoe seal, or a vapor-mounted seal and secondary seal, as of the
proposal date for a referencing subpart, the seal options specified in
paragraphs (a)(1)(ii)(A) and (a)(1)(ii)(B) of this section do not apply
until the next time the storage vessel is completely emptied and
degassed, or 10 years after the promulgation date of the referencing
subpart, whichever occurs first.
    (2) Deck fittings. Openings through the deck of the floating roof
shall be equipped as described in paragraphs (a)(2)(i) through
(a)(2)(viii) of this section.
    (i) Each opening except those for automatic bleeder vents (vacuum
breaker vents) and rim space vents shall have its lower edge below the
surface of the stored liquid.
    (ii) Each opening except those for automatic bleeder vents (vacuum
breaker vents), rim space vents, leg sleeves, and deck drains shall be
equipped with a deck cover. The deck cover shall be equipped with a
gasket between the cover and the deck.
    (iii) Each automatic bleeder vent (vacuum breaker vent) and rim
space vent shall be equipped with a gasketed lid, pallet, flapper, or
other closure device.
    (iv) Each opening for a fixed roof support column may be equipped
with a flexible fabric sleeve seal instead of a deck cover.
    (v) Each opening for a sample well or deck drain (that empties into
the stored liquid) may be equipped with a slit fabric seal or similar
device that

[[Page 531]]

covers at least 90 percent of the opening, instead of a deck cover.
    (vi) Each cover on access hatches and gauge float wells shall be
designed to be bolted or fastened when closed.
    (vii) Each opening for an unslotted guidepole shall be equipped with
a pole wiper, and each unslotted guidepole shall be equipped with a
gasketed cap on the top of the guidepole.
    (viii) Each opening for a slotted guidepole shall be equipped with
one of the control device configurations specified in paragraphs
(a)(2)(viii)(A) and (a)(2)(viii)(B) of this section.
    (A) A pole wiper and a pole float. The wiper or seal of the pole
float shall be at or above the height of the pole wiper.
    (B) A pole wiper and a pole sleeve.
    (ix) If the floating roof does not meet the requirements listed in
paragraphs (a)(2)(i) through (a)(2)(viii) of this section as of the
proposal date of the referencing subpart, these requirements do not
apply until the next time the vessel is completely emptied and degassed,
or 10 years after the promulgation date of the referencing subpart,
whichever occurs first.
    (b) Operational requirements. (1) The floating roof shall float on
the stored liquid surface at all times, except when the floating roof is
supported by its leg supports or other support devices (e.g., hangers
from the fixed roof).
    (2) When the storage vessel is storing liquid, but the liquid depth
is insufficient to float the floating roof, the process of filling to
the point of refloating the floating roof shall be continuous and shall
be performed as soon as practical.
    (3) Each cover over an opening in the floating roof, except for
automatic bleeder vents (vacuum breaker vents) and rim space vents,
shall be closed at all times, except when the cover must be open for
access.
    (4) Each automatic bleeder vent (vacuum breaker vent) and rim space
vent shall be closed at all times, except when required to be open to
relieve excess pressure or vacuum, in accordance with the manufacturer's
design.
    (5) Each unslotted guidepole cap shall be closed at all times except
when gauging the liquid level or taking liquid samples.
    (c) Inspection frequency requirements--(1) Internal floating roofs.
Internal floating roofs shall be inspected as specified in paragraph
(d)(1) of this section before the initial filling of the storage vessel.
Subsequent inspections shall be performed as specified in paragraph
(c)(1)(i) or (c)(1)(ii) of this section.
    (i) Internal floating roofs shall be inspected as specified in
paragraphs (c)(1)(i)(A) and (c)(1)(i)(B) of this section.
    (A) At least once per year the IFR shall be inspected as specified
in paragraph (d)(2) of this section.
    (B) Each time the storage vessel is completely emptied and degassed,
or every 10 years, whichever occurs first, the IFR shall be inspected as
specified in paragraph (d)(1) of this section.
    (ii) Instead of the inspection frequency specified in paragraph
(c)(1)(i) of this section, internal floating roofs with two rim seals
may be inspected as specified in paragraph (d)(1) of this section each
time the storage vessel is completely emptied and degassed, or every 5
years, whichever occurs first.
    (2) External floating roofs. External floating roofs shall be
inspected as specified in paragraphs (c)(2)(i) through (c)(2)(iv) of
this section.
    (i) Within 90 days after the initial filling of the storage vessel,
the primary and secondary rim seals shall be inspected as specified in
paragraph (d)(3) of this section.
    (ii) The secondary seal shall be inspected at least once every year,
and the primary seal shall be inspected at least every 5 years, as
specified in paragraph (d)(3) of this section.
    (iii) Each time the storage vessel is completely emptied and
degassed, or every 10 years, whichever occurs first, the EFR shall be
inspected as specified in paragraph (d)(1) of this section.
    (iv) If the owner or operator determines that it is unsafe to
perform the floating roof inspections specified in paragraphs (c)(2)(i)
and (c)(2)(ii) of this section, the owner or operator shall comply with
the requirements of paragraph (c)(2)(iv)(A) or (c)(2)(iv)(B) of this
section.
    (A) The inspections shall be performed no later than 30 days after
the determination that the floating roof is unsafe.

[[Page 532]]

    (B) The storage vessel shall be removed from liquid service no later
than 45 days after determining the floating roof is unsafe. If the
vessel cannot be emptied within 45 days, the owner or operator may
utilize up to two extensions of up to 30 additional days each. If the
vessel cannot be emptied within 45 days, the owner or operator may
utilize up to two extensions of up to 30 additional days each.
Documentation of a decision to use an extension shall include an
explanation of why it was unsafe to perform the inspection,
documentation that alternative storage capacity is unavailable, and a
schedule of actions that will ensure that the vessel will be emptied as
soon as practical.
    (d) Inspection procedure requirements. Floating roof inspections
shall be conducted as specified in paragraphs (d)(1) through (d)(3) of
this section, as applicable. If a floating roof fails an inspection, the
owner or operator shall comply with the repair requirements of paragraph
(e) of this section.
    (1) Floating roof (IFR and EFR) inspections shall be conducted by
visually inspecting the floating roof deck, deck fittings, and rim seals
from within the storage vessel. The inspection may be performed entirely
from the top side of the floating roof, as long as there is visual
access to all deck components specified in paragraph (a) of this
section. Any of the conditions described in paragraphs (d)(1)(i) through
(d)(1)(v) of this section constitutes inspection failure.
    (i) Stored liquid on the floating roof.
    (ii) Holes or tears in the primary or secondary seal (if one is
present).
    (iii) Floating roof deck, deck fittings, or rim seals that are not
functioning as designed (as specified in paragraph (a) of this section).
    (iv) Failure to comply with the operational requirements of
paragraph (b) of this section.
    (v) Gaps of more than 0.32 centimeters (\1/8\ inch) between any deck
fitting gasket, seal, or wiper (required by paragraph (a) of this
section) and any surface that it is intended to seal.
    (2) Tank-top inspections of IFR's shall be conducted by visually
inspecting the floating roof deck, deck fittings, and rim seal through
openings in the fixed roof. Any of the conditions described in
paragraphs (d)(1)(i) through (d)(1)(iv) of this section constitutes
inspection failure. Identification of holes or tears in the rim seal is
required only for the seal that is visible from the top of the storage
vessel.
    (3) Seal gap inspections for EFR's shall determine the presence and
size of gaps between the rim seals and the wall of the storage vessel by
the procedures specified in paragraph (d)(3)(i) of this section. Any
exceedance of the gap requirements specified in paragraphs (d)(3)(ii)
and (d)(3)(iii) of this section constitutes inspection failure.
    (i) Rim seals shall be measured for gaps at one or more levels while
the EFR is floating, as specified in paragraphs (d)(3)(i)(A) through
(d)(3)(i)(F) of this section.
    (A) The inspector shall hold a 0.32 centimeter (\1/8\ inch) diameter
probe vertically against the inside of the storage vessel wall, just
above the rim seal, and attempt to slide the probe down between the seal
and the vessel wall. Each location where the probe passes freely
(without forcing or binding against the seal) between the seal and the
vessel wall constitutes a gap.
    (B) The length of each gap shall be determined by inserting the
probe into the gap (vertically) and sliding the probe along the vessel
wall in each direction as far as it will travel freely without binding
between the seal and the vessel wall. The circumferential length along
which the probe can move freely is the gap length.
    (C) The maximum width of each gap shall be determined by inserting
probes of various diameters between the seal and the vessel wall. The
smallest probe diameter should be 0.32 centimeter, and larger probes
should have diameters in increments of 0.32 centimeter. The diameter of
the largest probe that can be inserted freely anywhere along the length
of the gap is the maximum gap width.
    (D) The average width of each gap shall be determined by averaging
the minimum gap width (0.32 centimeter) and the maximum gap width.
    (E) The area of a gap is the product of the gap length and average
gap width.

[[Page 533]]

    (F) The ratio of accumulated area of rim seal gaps to storage vessel
diameter shall be determined by adding the area of each gap, and
dividing the sum by the nominal diameter of the storage vessel. This
ratio shall be determined separately for primary and secondary rim
seals.
    (ii) The ratio of seal gap area to vessel diameter for the primary
seal shall not exceed 212 square centimeters per meter of vessel
diameter (10 square inches per foot of vessel diameter), and the maximum
gap width shall not exceed 3.81 centimeters (1.5 inches).
    (iii) The ratio of seal gap area to vessel diameter for the
secondary seal shall not exceed 21.2 square centimeters per meter (1
square inch per foot), and the maximum gap width shall not exceed 1.27
centimeters (0.5 inches), except when the secondary seal must be pulled
back or removed to inspect the primary seal.
    (e) Repair requirements. Conditions causing inspection failures
under paragraph (d) of this section shall be repaired as specified in
paragraph (e)(1) or (e)(2) of this section.
    (1) If the inspection is performed while the storage vessel is not
storing liquid, repairs shall be completed before the refilling of the
storage vessel with liquid.
    (2) If the inspection is performed while the storage vessel is
storing liquid, repairs shall be completed or the vessel removed from
service within 45 days. If a repair cannot be completed and the vessel
cannot be emptied within 45 days, the owner or operator may use up to 2
extensions of up to 30 additional days each. Documentation of a decision
to use an extension shall include a description of the failure, shall
document that alternate storage capacity is unavailable, and shall
specify a schedule of actions that will ensure that the control
equipment will be repaired or the vessel will be completely emptied as
soon as practical.



Sec. 63.1064  Alternative means of emission limitation.

    (a) An alternate control device may be substituted for a control
device specified in Sec. 63.1063 if the alternate device has an emission
factor less than or equal to the emission factor for the device
specified in Sec. 63.1063. Requests for the use of alternate devices
shall be made as specified in Sec. 63.1066(b)(3). Emission factors for
the devices specified in Sec. 63.1063 are published in EPA Report No.
AP-42, Compilation of Air Pollutant Emission Factors.
    (b) Tests to determine emission factors for an alternate device
shall accurately simulate conditions under which the device will
operate, such as wind, temperature, and barometric pressure. Test
methods that can be used to perform the testing required in this
paragraph include, but are not limited to, the methods listed in
paragraphs (b)(1) through (b)(3) of this section.
    (1) American Petroleum Institute (API) Manual of Petroleum
Measurement Standards, Chapter 19, Section 3, Part A, Wind Tunnel Test
Method for the Measurement of Deck-Fitting Loss Factors for External
Floating-Roof Tanks.
    (2) API Manual of Petroleum Measurement Standards, Chapter 19,
Section 3, Part B, Air Concentration Test Method for the Measurement of
Rim Seal Loss Factors for Floating-Roof Tanks.
    (3) API Manual of Petroleum Measurement Standards, Chapter 19,
Section 3, Part E, Weight Loss Test Method for the Measurement of Deck-
Fitting Loss Factors for Internal Floating-Roof Tanks.
    (c) An alternate combination of control devices may be substituted
for any combination of rim seal and deck fitting control devices
specified in Sec. 63.1063 if the alternate combination emits no more
than the combination specified in Sec. 63.1063. The emissions from an
alternate combination of control devices shall be determined using AP-42
or as specified in paragraph (b) of this section. The emissions from a
combination of control devices specified in Sec. 63.1063 shall be
determined using AP-42. Requests for the use of alternate devices shall
be made as specified in Sec. 63.1066(b)(3).



Sec. 63.1065  Recordkeeping requirements.

    The owner or operator shall keep the records required in paragraph
(a) of this section for as long as liquid is stored. Records required in
paragraphs (b), (c) and (d) of this section shall be

[[Page 534]]

kept for at least 5 years. Records shall be kept in such a manner that
they can be readily accessed within 24 hours. Records may be kept in
hard copy or computer-readable form including, but not limited to, on
paper, microfilm, computer, floppy disk, magnetic tape, or microfiche.
    (a) Vessel dimensions and capacity. A record shall be kept of the
dimensions of the storage vessel, an analysis of the capacity of the
storage vessel, and an identification of the liquid stored.
    (b) Inspection results. Records of floating roof inspection results
shall be kept as specified in paragraphs (b)(1) and (b)(2) of this
section.
    (1) If the floating roof passes inspection, a record shall be kept
that includes the information specified in paragraphs (b)(1)(i) and
(b)(1)(ii) of this section. If the floating roof fails inspection, a
record shall be kept that includes the information specified in
paragraphs (b)(1)(i) through (b)(1)(v) of this section.
    (i) Identification of the storage vessel that was inspected.
    (ii) The date of the inspection.
    (iii) A description of all inspection failures.
    (iv) A description of all repairs and the dates they were made.
    (v) The date the storage vessel was removed from service, if
applicable.
    (2) A record shall be kept of EFR seal gap measurements, including
the raw data obtained and any calculations performed.
    (c) Floating roof landings. The owner or operator shall keep a
record of the date when a floating roof is set on its legs or other
support devices. The owner or operator shall also keep a record of the
date when the roof was refloated, and the record shall indicate whether
the process of refloating was continuous.
    (d) An owner or operator who elects to use an extension in
accordance with Sec. 63.1063(e)(2) or Sec. 63.1063(c)(2)(iv)(B) shall
keep the documentation required by those paragraphs.



Sec. 63.1066  Reporting requirements.

    (a) Notification of initial startup. If the referencing subpart
requires that a notification of initial startup be filed, then the
content of the notification of initial startup shall include (at a
minimum) the information specified in the referencing subpart and the
information specified in paragraphs (a)(1) and (a)(2) of this section.
    (1) The identification of each storage vessel, its capacity and the
liquid stored in the storage vessel.
    (2) A statement of whether the owner or operator of the source can
achieve compliance by the compliance date specified in referencing
subpart.
    (b) Periodic reports. Report the information specified in paragraphs
(b)(1) through (b)(4) of this section, as applicable, in the periodic
report specified in the referencing subpart.
    (1) Notification of inspection. To provide the Administrator the
opportunity to have an observer present, the owner or operator shall
notify the Administrator at least 30 days before an inspection required
by Secs. 63.1063(d)(1) or (d)(3). If an inspection is unplanned and the
owner or operator could not have known about the inspection 30 days in
advance, then the owner or operator shall notify the Administrator at
least 7 days before the inspection. Notification shall be made by
telephone immediately followed by written documentation demonstrating
why the inspection was unplanned. Alternatively, the notification
including the written documentation may be made in writing and sent so
that it is received by the Administrator at least 7 days before the
inspection. If a delegated State or local agency is notified, the owner
or operator is not required to notify the Administrator. A delegated
State or local agency may waive the requirement for notification of
inspections.
    (2) Inspection results. The owner or operator shall submit a copy of
the inspection record (required in Sec. 63.1065) when inspection
failures occur.
    (3) Requests for alternate devices. The owner or operator requesting
the use of an alternate control device shall submit a written
application including emissions test results and an analysis
demonstrating that the alternate device has an emission factor that is
less than or equal to the device specified in Sec. 63.1063.
    (4) Requests for extensions. An owner or operator who elects to use
an extension in accordance with Sec. 63.1063(e)(2) or

[[Page 535]]

Sec. 63.1063(c)(2)(iv)(B) shall submit the documentation required by
those paragraphs.



Sec. 63.1067  Implementation and enforcement.

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

[67 FR 46279, July 12, 2002]



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

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

                              Introduction



Sec. 63.1080  What is the purpose of this subpart?

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



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

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

                               Definitions



Sec. 63.1082  What definitions do I need to know?

    (a) Unless defined in paragraph (b) of this section, definitions for
terms used in this subpart are provided in the Clean Air Act,
Sec. 63.1103(e), and 40 CFR 61.341.
    (b) The following definitions apply to terms used in this subpart:
    Continuous butadiene waste stream means the continuously flowing
process wastewater from the following equipment: The aqueous drain from
the debutanizer reflux drum, water separators on the C4 crude butadiene
transfer piping, and the C4 butadiene storage equipment; and spent wash
water from the C4 crude butadiene carbonyl wash system. The continuous
butadiene waste stream does not include butadiene streams generated from
sampling, maintenance activities, or shutdown purges. The continuous
butadiene waste stream does not include butadiene streams from equipment
that is currently an affected source subject to the control requirements
of another NESHAP. The continuous butadiene waste stream contains less
than 10 parts per million by weight (ppmw) of benzene.
    Dilution steam blowdown waste stream means any continuously flowing
process wastewater stream resulting from the quench and compression of
cracked gas (the cracking furnace effluent) at an ethylene production
unit and is discharged from the unit. This stream typically includes the
aqueous or oily-

[[Page 536]]

water stream that results from condensation of dilution steam (in the
cracking furnace quench system), blowdown from dilution steam generation
systems, and aqueous streams separated from the process between the
cracking furnace and the cracked gas dehydrators. The dilution steam
blowdown waste stream does not include dilution steam blowdown streams
generated from sampling, maintenance activities, or shutdown purges. The
dilution steam blowdown waste stream also does not include blowdown that
has not contacted HAP-containing process materials.
    Heat exchange system means any cooling tower system or once-through
cooling water system (e.g., river or pond water). A heat exchange system
can include more than one heat exchanger and can include an entire
recirculating or once-through cooling system.
    Process wastewater means water which comes in contact with benzene
or butadiene during manufacturing or processing operations conducted
within an ethylene production unit. Process wastewater is not organic
wastes, process fluids, product tank drawdown, cooling water blowdown,
steam trap condensate, or landfill leachate. Process wastewater includes
direct-contact cooling water.
    Spent caustic waste stream means the continuously flowing process
wastewater stream that results from the use of a caustic wash system in
an ethylene production unit. A caustic wash system is commonly used at
ethylene production units to remove acid gases and sulfur compounds from
process streams, typically cracked gas. The spent caustic waste stream
does not include spent caustic streams generated from sampling,
maintenance activities, or shutdown purges.

                 Applicability for Heat Exchange Systems



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

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



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

    Your heat exchange system is exempt from the requirements in
Secs. 63.1085 and 63.1086 if it meets any one of the criteria in
paragraphs (a) through (e) of this section.
    (a) Your heat exchange system operates with the minimum pressure on
the cooling water side at least 35 kilopascals greater than the maximum
pressure on the process side.
    (b) Your heat exchange system contains an intervening cooling fluid,
containing less than 5 percent by weight of total HAP listed in Table 1
to this subpart, between the process and the cooling water. This
intervening fluid must serve to isolate the cooling water from the
process fluid and must not be sent through a cooling tower or
discharged. For purposes of this section, discharge does not include
emptying for maintenance purposes.
    (c) The once-through heat exchange system is subject to a National
Pollution Discharge Elimination System (NPDES) permit with an allowable
discharge limit of 1 part per million by volume (ppmv) or less above
influent concentration, or 10 percent or less above influent
concentration, whichever is greater.
    (d) Your once-through heat exchange system is subject to a NPDES
permit that meets all of the conditions in paragraphs (d)(1) through (4)
of this section.
    (1) The permit requires monitoring of a parameter or condition to
detect a leak of process fluids to cooling water.
    (2) The permit specifies the normal range of the parameter or
condition.
    (3) The permit requires monthly or more frequent monitoring for the
parameters selected as leak indicators.
    (4) The permit requires you to report and correct leaks to the
cooling water when the parameter or condition exceeds the normal range.
    (e) Your recirculating or once-through heat exchange system cools
process fluids that contain less than 5

[[Page 537]]

percent by weight of total HAP listed in Table 1 to this subpart.

                    Heat Exchange System Requirements



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

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

            Monitoring Requirements for Heat Exchange Systems



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

    You must monitor for leaks to cooling water by monitoring each heat
exchange system according to the requirements of paragraph (a) of this
section, monitoring each heat exchanger according to the requirements of
paragraph (b) of this section, or monitoring a surrogate parameter
according to the requirements of paragraph (c) of this section. If you
elect to comply with the requirements of paragraph (a) or (b) of this
section, you may use alternatives in paragraph (d)(1) or (2) of this
section for determining the mean entrance concentration.
    (a) Heat exchange system. Monitor cooling water in each heat
exchange system for the HAP listed in Table 1 to this subpart (either
total or speciated) or other representative substances (e.g., total
organic carbon or volatile organic compounds (VOC)) that indicate the
presence of a leak according to the requirements in paragraphs (a)(1)
through (5) of this section.
    (1) You define the equipment that comprises each heat exchange
system. For the purposes of implementing paragraph (a) of this section,
a heat exchange system may consist of an entire heat exchange system or
any combinations of heat exchangers such that, based on the rate of
cooling water at the entrance and exit to each heat exchange system and
the sensitivity of the test method being used, a leak of 3.06 kg/hr or
greater of the HAP in Table 1 to this subpart would be detected. For
example, if the test you decide to use has a sensitivity of 1 ppmv for
total HAP, you must define the heat exchange system so that the cooling
water flow rate is 51,031 liters per minute or less so that a leak of
3.06 kg/hr can be detected.
    (2) Monitoring periods. For existing sources, monitor cooling water
as specified in paragraph (a)(2)(i) of this section. Monitor heat
exchange systems at new sources according to the specifications in
paragraph (a)(2)(ii) of this section.
    (i) Monitor monthly for 6 months, both initially and following
completion of a leak repair. Then monitor as provided in either
paragraph (a)(2)(i)(A) or (a)(2)(i)(B) of this section, as appropriate.
    (A) If no leaks are detected by monitoring monthly for a 6-month
period, monitor quarterly thereafter until a leak is detected.
    (B) If a leak is detected, monitor monthly until the leak has been
repaired. Upon completion of repair, monitor according to the
specifications in paragraph (a)(2)(i) of this section.
    (ii) Monitor weekly for 6 months, both initially and following
completion of a leak repair. Then monitor as provided in paragraph
(a)(2)(ii)(A) or (B) of this section, as appropriate.
    (A) If no leaks are detected by monitoring weekly for a 6-month
period, monitor monthly thereafter until a leak is detected.
    (B) If a leak is detected, monitor weekly until the leak has been
repaired. Upon completion of the repair, monitor according to the
specifications in paragraph (a)(2)(ii) of this section.
    (3) Determine the concentration of the monitored substance in the
heat exchange system cooling water using any method listed in 40 CFR
part 136. Use the same method for both entrance and exit samples. You
may validate 40 CFR part 136 methods for the HAP listed in Table 1 to
this subpart according to the procedures in appendix D to this part.
Alternative methods may be used upon approval by the Administrator.

[[Page 538]]

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

[[Page 539]]

    (ii) The parameter level(s) or condition(s) that shall constitute a
leak. This shall be documented by data or calculations showing that the
selected levels or conditions will reliably identify leaks. The
monitoring must be sufficiently sensitive to determine the range of
parameter levels or conditions when the system is not leaking. When the
selected parameter level or condition is outside that range, you have
detected a leak.
    (iii) Monitoring periods. For existing sources, monitor cooling
water as specified in paragraph (c)(1)(iii)(A) of this section. Monitor
heat exchange systems at new sources according to the specifications in
paragraph (c)(1)(iii)(B) of this section.
    (A) Monitor monthly for 6 months, both initially and following
completion of a leak repair. Then monitor as provided in paragraph
(c)(1)(iii)(A)(1) or (c)(1)(iii)(A)(2) of this section, as appropriate.
    (1) If no leaks are detected, monitor quarterly thereafter until a
leak is detected.
    (2) If a leak is detected, monitor monthly until the leak has been
repaired. Upon completion of repair, monitor according to the
specifications in paragraph (c)(1)(iii)(A) of this section.
    (B) Monitor the cooling water weekly for heat exchange systems at
new sources.
    (iv) The records that will be maintained to document compliance with
the requirements of this section.
    (2) If a leak is identified by audio, visual, or olfactory
inspection, a method listed in 40 CFR part 136, or any other means other
than those described in the monitoring plan, and the method(s) specified
in the plan could not detect the leak, you shall revise the plan and
document the basis for the changes. You shall complete the revisions to
the plan no later than 180 days after discovery of the leak.
    (3) You shall maintain, at all times, the monitoring plan that is
currently in use. The current plan shall be maintained on-site, or shall
be accessible from a central location by computer or other means that
provide access within 2 hours after a request. If the monitoring plan is
changed, you must retain the most recent superseded plan for at least 5
years from the date of its creation. The superseded plan shall be
retained on-site or accessible from a central location by computer or
other means that provide access within 2 hours after a request.
    (d) Simplifying assumptions for entrance mean concentration. If you
are complying with paragraph (a) or (b) of this section, you may elect
to determine the entrance mean concentration as specified in paragraph
(d)(1) or (2) of this section.
    (1) Assume that the entrance mean concentration of the monitored
substance is zero; or,
    (2) Determine the entrance mean concentration of a monitored
substance at a sampling location anywhere upstream of the heat exchanger
or heat exchange system, provided that there is not a reasonable
opportunity for the concentration to change at the entrance to each heat
exchanger or heat exchange system.

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

              Repair Requirements for Heat Exchange Systems



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

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



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

    You may delay the repair of heat exchange systems if the leaking
equipment is isolated from the process. You

[[Page 540]]

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

   Recordkeeping and Reporting Requirements for Heat Exchange Systems



Sec. 63.1089  What records must I keep?

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



Sec. 63.1090  What reports must I submit?

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

[[Page 541]]

                    Background for Waste Requirements



Sec. 63.1091  What do the waste requirements do?

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



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

production sources?

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

                  Applicability for Waste Requirements



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

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



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

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

                           Waste Requirements



Sec. 63.1095  What specific requirements must I comply with?

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

[[Page 542]]

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

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



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

    If you elect to transfer waste off-site, you must comply with the
requirements in paragraphs (a) through (d) of this section.
    (a) Include a notice with the shipment or transport of each waste
stream. The notice shall state that the waste stream contains organic
HAP that are to be treated in accordance with the provisions of this
subpart. When the transport is continuous or ongoing (for example,
discharge to a publicly-owned treatment works), the notice shall be
submitted to the treatment operator initially and whenever there is a
change in the required treatment.
    (b) You may not transfer the waste stream unless the transferee has
submitted to the Administrator a written certification that the
transferee will

[[Page 543]]

manage and treat any waste stream received from a source subject to the
requirements of this subpart in accordance with the requirements of this
subpart.
    (c) By providing this written certification to the Administrator,
the certifying entity accepts responsibility for compliance with the
regulatory provisions in this subpart with respect to any shipment of
waste covered by the written certification. Failure to abide by any of
those provisions with respect to such shipments may result in
enforcement action by EPA against the certifying entity in accordance
with the enforcement provisions applicable to violations of those
provisions by owners or operators of sources.
    (d) The certifying entity may revoke the written certification by
sending a written statement to the Administrator and you. The notice of
revocation must provide at least 90 days notice that the certifying
entity is rescinding acceptance of responsibility for compliance with
the regulatory provisions of this subpart. Upon expiration of the notice
period, you may not transfer the waste stream to that off-site treatment
operation. Written certifications and revocation statements to the
Administrator from the transferees of waste shall be signed by the
responsible official of the certifying entity, provide the name and
address of the certifying entity, and be sent to the appropriate EPA
Regional Office at the addresses listed in 40 CFR 63.13. Such written
certifications are not transferable by the treater to other off-site
waste treatment operators.

                     Implementation and Enforcement



Sec. 63.1097  Who implements and enforces this subpart?

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



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

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


[[Page 544]]



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

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



Subpart YY_National Emission Standards for Hazardous Air Pollutants for
    Source Categories: Generic Maximum Achievable Control Technology
                                Standards

    Source: 64 FR 34921, June 29, 1999, unless otherwise noted.



Sec. 63.1100  Applicability.

    (a) General. This subpart applies to source categories and affected
sources specified in Sec. 63.1103(a) through (h). The affected emission
points, by source category, are summarized in table 1 of this section.
This table also delineates the section and paragraph of the rule that
directs an owner or operator of an affected source to source category-
specific control, monitoring, recordkeeping, and reporting requirements.

[[Page 545]]



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

    (b) Subpart A requirements. The following provisions of subpart A of
this part (General Provisions), Secs. 63.1 through 63.5, and Secs. 63.12
through 63.15, apply to owners or operators of affected sources subject
to this subpart.
    (c) Research and development facilities. The provisions of this
subpart do not apply to research and development facilities, consistent
with section 112(b)(7) of the Act.
    (d) Primary product determination and applicability. The primary
product of a process unit shall be determined according to the
procedures specified in paragraphs (d)(1) and (2) of this section.
Paragraphs (d(3), (4), and (5) of this section discuss compliance for
those process units operated as flexible operation units.
    (1) If a process unit only manufactures one product, then that
product shall represent the primary product of the process unit.
    (2) If a process unit is designed and operated as a flexible
operation unit, the primary product shall be determined as specified in
paragraphs (d)(2)(i) or (ii) of this section based on the anticipated
operations for the 5 years following the promulgation date for existing
affected sources and for the first 5 years after initial startup for new
affected sources.
    (i) If the flexible operation unit will manufacture one product for
the greatest percentage of operating time over the five-year period,
then that product shall represent the primary product of the flexible
operation unit.
    (ii) If the flexible operation unit will manufacture multiple
products equally based on operating time, then the product with the
greatest production on a mass basis over the five-year period shall
represent the primary product of the flexible operation unit.
    (3) Once the primary product of a process unit has been determined
to be a product produced by a source category subject to this subpart,
the owner or operator of the affected source shall comply with the
standards for the primary product production process unit.
    (4) The determination of the primary product for a process unit,
including the assessment of applicability of this subpart to process
units that are designed and operated as flexible operation units, shall
be reported in the Notification of Compliance Status report required by
Sec. 63.1110(a)(4) when the primary product is determined to be a
product produced by a source category subject to requirements under this
subpart. The Notification of Compliance Status shall include the
information specified in either paragraph (d)(4)(i) or (ii) of this
section. If the primary product is determined to be something other than
a product produced by a source category subject to requirements under
this subpart, the owner or operator shall retain information, data, and
analyses used to document the basis for the determination that the
primary product is not produced by a source category subject to
requirements under this subpart.

[[Page 546]]

    (i) If the process unit manufactures only one product subject to
requirements under this subpart, the identity of that product.
    (ii) If the process unit is designed and operated as a flexible
operation unit, the information specified in paragraphs (d)(4)(ii)(A)
and (B) of this section, as appropriate.
    (A) The identity of the primary product.
    (B) Information concerning operating time and/or production mass for
each product that was used to make the determination of the primary
product under paragraph (d)(2)(i) or (ii) of this section.
    (5) When a flexible operation unit that is subject to this subpart
is producing a product other than a product subject to this subpart, or
is producing a product subject to this subpart that is not the primary
product, the owner or operator shall comply with either paragraph (d)(5)
(i) or (ii) of this section for each emission point.
    (i) The owner or operator shall control emissions during the
production of all products in accordance with the requirements for the
production of the primary product. As appropriate, the owner or operator
shall demonstrate that the parameter monitoring level established for
the primary product is also appropriate for those periods when products
other than the primary product are being produced. Documentation of this
demonstration shall be submitted in the Notification of Compliance
Status report required by Sec. 63.1110(a)(4).
    (ii) The owner or operator shall determine, for the production of
each product, whether control is required in accordance with the
applicable criteria for the primary product in Sec. 63.1103. If control
is required, the owner or operator shall establish separate parameter
monitoring levels, as appropriate, for the production of each product.
The parameter monitoring levels developed shall be submitted in the
Notification of Compliance Status report required by Sec. 63.1110(a)(4).
    (e) Storage vessel ownership determination. To determine the process
unit to which a storage vessel shall belong, the owner or operator shall
sequentially follow the procedures specified in paragraphs (e)(1)
through (8) of this section, stopping as soon as the determination is
made.
    (1) If a storage vessel is already subject to another subpart of
this part on the date of promulgation for an affected source under the
generic MACT, that storage vessel shall belong to the process unit
subject to the other subpart.
    (2) If a storage vessel is dedicated to a single process unit, the
storage vessel shall belong to that process unit.
    (3) If a storage vessel is shared among process units, then the
storage vessel shall belong to that process unit located on the same
plant site as the storage vessel that has the greatest input into or
output from the storage vessel (i.e., the process unit has the
predominant use of the storage vessel.)
    (4) If predominant use cannot be determined for a storage vessel
that is shared among process units and if only one of those process
units is subject to this subpart, the storage vessel shall belong to
that process unit.
    (5) If predominant use cannot be determined for a storage vessel
that is shared among process units and if more than one of the process
units are subject to standards under this subpart that have different
primary products, then the owner or operator shall assign the storage
vessel to any one of the process units sharing the storage vessel.
    (6) If the predominant use of a storage vessel varies from year to
year, then predominant use shall be determined based on the utilization
that occurred during the year preceding the date of promulgation of
standards for an affected source under this subpart or based on the
expected utilization for the 5 years following the promulgation date of
standards for an affected source under this subpart for existing
affected sources, whichever is more representative of the expected
operations for that storage vessel, and based on the expected
utilization for the 5 years after initial startup for new affected
sources. The determination of predominant use shall be reported in the
Notification of Compliance Status Report required by Sec. 63.1110(a)(4).
If the predominant use

[[Page 547]]

changes, the redetermination of predominant use shall be reported in the
next Periodic Report.
    (7) If the storage vessel begins receiving material from (or sending
material to) another process unit; ceases to receive material from (or
send material to) a process unit; or if the applicability of this
subpart to a storage vessel has been determined according to the
provisions of paragraphs (e)(1) through (6) of this section and there is
a significant change in the use of the storage vessel that could
reasonably change the predominant use, the owner or operator shall
reevaluate the applicability of this subpart to the storage vessel.
    (8) Where a storage vessel is located at a major source that
includes one or more process units that place material into, or receive
materials from, the storage vessel, but the storage vessel is located in
a tank farm, the applicability of this subpart shall be determined
according to the provisions in paragraphs (e)(8)(i) through (iii) of
this section.
    (i) The storage vessel may only be assigned to a process unit that
utilizes the storage vessel and does not have an intervening storage
vessel for that product (or raw material, as appropriate). With respect
to any process unit, an intervening storage vessel means a storage
vessel connected by hard-piping to the process unit and to the storage
vessel in the tank farm so that product or raw material entering or
leaving the process unit flows into (or from) the intervening storage
vessel and does not flow directly into (or from) the storage vessel in
the tank farm.
    (ii) If there is only one process unit at a major source that meets
the criteria of paragraph (e)(8)(i) of this section with respect to a
storage vessel, the storage vessel shall be assigned to that process
unit.
    (iii) If there are two or more process units at the major source
that meet the criteria of paragraph (e)(8)(i) of this section with
respect to a storage vessel, the storage vessel shall be assigned to one
of those process units according to the provisions of paragraph (e)(6)
of this section. The predominant use shall be determined among only
those process units that meet the criteria of paragraph (e)(8)(i) of
this section.
    (f) Recovery operation equipment ownership determination. To
determine the process unit to which recovery equipment shall belong, the
owner or operator shall sequentially follow the procedures specified in
paragraphs (f)(1) through (7) of this section, stopping as soon as the
determination is made.
    (1) If recovery operation equipment is already subject to another
subpart of this part on the date standards are promulgated for an
affected source, that recovery operation equipment shall belong to the
process unit subject to the other subpart.
    (2) If recovery operation equipment is used exclusively by a single
process unit, the recovery operation shall belong to that process unit.
    (3) If recovery operation equipment is shared among process units,
then the recovery operation equipment shall belong to that process unit
that has the greatest input into or output from the recovery operation
equipment (i.e., that process unit has the predominant use of the
recovery operation equipment).
    (4) If predominant use cannot be determined for recovery operation
equipment that is shared among process units and if one of those process
units is a process unit subject to this subpart, the recovery operation
equipment shall belong to the process unit subject to this subpart.
    (5) If predominant use cannot be determined for recovery operation
equipment that is shared among process units and if more than one of the
process units are process units that have different primary products and
that are subject to this subpart, then the owner or operator shall
assign the recovery operation equipment to any one of those process
units.
    (6) If the predominant use of recovery operation equipment varies
from year to year, then the predominant use shall be determined based on
the utilization that occurred during the year preceding the promulgation
date of standards for an affected source under this

[[Page 548]]

subpart or based on the expected utilization for the 5 years following
the promulgation date for standards for an affected source under this
subpart for existing affected sources, whichever is the more
representative of the expected operations for the recovery operations
equipment, and based on the expected utilization for the first 5 years
after initial startup for new affected sources. This determination shall
be reported in the Notification of Compliance Status Report required by
Sec. 63.1110(a)(4). If the predominant use changes, the redetermination
of predominant use shall be reported in the next Periodic Report.
    (7) If there is an unexpected change in the utilization of recovery
operation equipment that could reasonably change the predominant use,
the owner or operator shall redetermine to which process unit the
recovery operation belongs by reperforming the procedures specified in
paragraphs (f)(2) through (6) of this section.
    (g) Overlap with other regulations. Paragraphs (g)(1) through (6) of
this section specify the applicability of this subpart YY emission point
requirements when other rules may apply. Where subpart YY of this part
allows an owner or operator an option to comply with one or another
regulation to comply with subpart YY of this part, an owner or operator
must report which regulation they choose to comply with in the
Notification of Compliance Status report required by Sec. 63.1110(a)(4).
    (1) Overlap of subpart YY with other regulations for storage
vessels. (i) After the compliance dates specified in Sec. 63.1102, a
storage vessel subject to this subpart YY that is also subject to
subpart G or CC of this part is required to comply only with the
provisions of this subpart YY.
    (ii) After the compliance dates specified in Sec. 63.1102, a storage
vessel that must be controlled according to the requirements of this
subpart and subpart Ka or Kb of 40 CFR part 60 is required to comply
only with the storage vessel requirements of this subpart.
    (2) Overlap of subpart YY with other regulations for process vents.
(i) After the compliance dates specified in Sec. 63.1102, a process vent
that must be controlled according to the requirements of this subpart
and subpart G of this part is in compliance with this subpart if it
complies with either set of requirements. The owner or operator must
specify the rule with which they will comply in the Notification of
Compliance Status report required by Sec. 63.1110(a)(4).
    (ii) After the compliance dates specified in Sec. 63.1102, a process
vent that must be controlled according to the requirements of this
subpart and subpart III, RRR or NNN of 40 CFR part 60 is required to
comply only with the process vent requirements of this subpart.
    (3) Overlap of this subpart YY with other regulations for transfer
racks. After the compliance dates specified in Sec. 63.1102, a transfer
rack that must be controlled according to the requirements of this
subpart YY and either subpart G of this part or subpart BB of 40 CFR
part 61 is required to comply only with the transfer rack requirements
of this subpart YY.
    (4) Overlap of subpart YY with other regulations for equipment
leaks. (i) After the compliance dates specified in Sec. 63.1102,
equipment that must be controlled according to this subpart and 40 CFR
part 60, subpart VV, or 40 CFR part 61, subpart J or subpart V, is
required only to comply with the equipment leak requirements of this
subpart.
    (ii) After the compliance dates specified in Sec. 63.1102, equipment
that must be controlled according to this subpart and subpart H of this
part is in compliance with the equipment leak requirements of this
subpart if it complies with either set of requirements. The owner or
operator must specify the rule with which they will comply in the
Notification of Compliance Status report required by Sec. 63.1110(a)(4).
    (5) Overlap of subpart YY with other regulations for wastewater for
source categories other than ethylene production. (i) After the
compliance dates specified in Sec. 63.1102 for an affected source
subject to this subpart, a wastewater stream that is subject to the
wastewater requirements of this subpart and the wastewater requirements
of subparts F, G, and H of this part (collectively known as the ``HON'')
shall be deemed

[[Page 549]]

to be in compliance with the requirements of this subpart if it complies
with either set of requirements. In any instance where a source subject
to this subpart is colocated with a Synthetic Organic Chemical
Manufacturing Industry (SOCMI) source, and a single wastewater treatment
facility treats both Group 1 wastewaters and wastewater residuals from
the source subject to this subpart and wastewaters from the SOCMI
source, a certification by the treatment facility that they will manage
and treat the waste in conformity with the specific control requirements
set forth in 40 CFR 63.133 through 63.147 will also be deemed sufficient
to satisfy the certification requirements for wastewater treatment under
this subpart.
    (ii) After the compliance dates specified in Sec. 63.1102 for an
affected source subject to this subpart, a wastewater stream that is
subject to control requirements in the Benzene Waste NESHAP (subpart FF
of part 61 of this chapter) and this subpart is required to comply with
both rules.
    (6) Overlap of subpart YY with other regulations for waste for the
ethylene production source category. (i) After the compliance date
specified in Sec. 63.1102, a waste stream that is conveyed, stored, or
treated in a wastewater stream management unit, waste management unit,
or wastewater treatment system that receives streams subject to both the
control requirements of Sec. 63.1103(e)(3) for ethylene production
sources and the provisions of Secs. 63.133 through 63.147 shall comply
as specified in paragraphs (g)(6)(i)(A) through (C) of this section.
Compliance with the provisions of this paragraph (g)(6)(i) shall
constitute compliance with the requirements of this subpart for that
waste stream.
    (A) Comply with the provisions in Secs. 63.133 through 63.137 and
63.140 for all equipment used in the storage and conveyance of the waste
stream.
    (B) Comply with the provisions in Secs. 63.1103(e), 63.138, and
63.139 for the treatment and control of the waste stream.
    (C) Comply with the provisions in Secs. 63.143 through 63.148 for
monitoring and inspections of equipment and for recordkeeping and
reporting requirements. The owner or operator is not required to comply
with the monitoring, recordkeeping, and reporting requirements
associated with the treatment and control requirements in Secs. 61.355
through 61.357.
    (ii) After the compliance date specified in Sec. 63.1102, compliance
with Sec. 63.1103(e) shall constitute compliance with the Benzene Waste
Operations NESHAP (subpart FF of 40 CFR part 61) for waste streams that
are subject to both the control requirements of Sec. 63.1103(e)(3) for
ethylene production sources and the control requirements of 40 CFR part
61, subpart FF.

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



Sec. 63.1101  Definitions.

    All terms used in this subpart shall have the meaning given them in
the Act, in 40 CFR 63.2 (General Provisions), and in this section. The
definitions in this section do not apply to waste requirements for
ethylene production sources.
    Annual average concentration, as used in the wastewater provisions,
means the flow-weighted annual average concentration, as determined
according to the procedures specified in Sec. 63.144(b).
    Annual average flow rate, as used in the wastewater provisions,
means the annual average flow rate, as determined according to the
procedures specified in Sec. 63.144(c).
    Batch cycle refers to manufacturing a product from start to finish
in a batch unit operation.
    Batch emission episode means a discrete venting episode that may be
associated with a single unit operation. A unit operation may have more
than one batch emission episode per batch cycle. For example, a
displacement of vapor resulting from the charging of a vessel with
organic HAP will result in a discrete emission episode. If the vessel is
then heated, there may also be another discrete emission episode
resulting from the expulsion of expanded vapor. Both emission episodes
may occur during the same batch cycle in the same vessel or unit
operation. There are possibly other emission episodes that may occur
from the vessel

[[Page 550]]

or other process equipment, depending on process operations.
    Batch unit operation means a unit operation involving intermittent
or discontinuous feed into equipment and, in general, involves the
emptying of equipment after the batch cycle ceases and prior to
beginning a new batch cycle. Mass, temperature, concentration and other
properties of the process may vary with time. Addition of raw material
and withdrawal of product do not simultaneously occur in a batch unit
operation.
    Bottoms receiver means a tank that collects distillation bottoms
before the stream is sent for storage or for further downstream
processing.
    By compound means by individual stream components, not carbon
equivalents.
    Capacity means the volume of liquid that is capable of being stored
in a storage vessel, determined by multiplying the vessel's internal
cross-sectional area by the internal height of the shell.
    Closed vent system means a system that is not open to the atmosphere
and is composed of piping, ductwork, connections, and, if necessary,
flow inducing devices that transport gas or vapor from an emission point
to a control device. A closed vent system does not include the vapor
collection system that is part of any tank truck or railcar or the
loading arm or hose that is used for vapor return. For transfer racks,
the closed vent system begins at, and includes, the first block valve on
the downstream side of the loading arm or hose used to convey displaced
vapors.
    Combined vent stream means a process vent that is comprised of at
least one gas stream from a batch unit operation manifolded with at
least one gas stream from a continuous unit operation.
    Compliance equipment means monitoring equipment used by an owner or
operator of an affected source under this subpart to demonstrate
compliance with an operation or emission limit standard.
    Continuous parameter monitoring system or CPMS means the total
equipment that may be required to meet the data acquisition and
availability requirements of this subpart, and that is used to sample,
condition (if applicable), analyze, and provide a record of process or
control system parameters.
    Continuous unit operation means a unit operation where the inputs
and outputs flow continuously. Continuous unit operations typically
approach steady-state conditions. Continuous unit operations typically
involve the simultaneous addition of raw material and withdrawal of the
product.
    Control device means, with the exceptions noted below, a combustion
device, recovery device, recapture device, or any combination of these
devices used to comply with this subpart or a referencing subpart. For
process vents from continuous unit operations at affected sources in
source categories where the applicability criteria includes a TRE index
value, recovery devices are not considered to be control devices.
Primary condensers on steam strippers or fuel gas systems are not
considered to be control devices.
    Day means a calendar day.
    Distillate receiver means overhead receivers, overhead accumulators,
reflux drums, and condenser(s) including ejector condenser(s) associated
with a distillation unit.
    Distillation unit means a device or vessel in which one or more feed
streams are separated into two or more exit streams, each exit stream
having component concentrations different from those in the feed
stream(s). The separation is achieved by the redistribution of the
components between the liquid and the vapor phases by vaporization and
condensation as they approach equilibrium within the distillation unit.
Distillation unit includes the distillate receiver, reboiler, and any
associated vacuum pump or steam jet.
    Emission point means an individual process vent, storage vessel,
transfer rack, wastewater stream, kiln, fiber spinning line, equipment
leak, or other point where a gaseous stream is released.
    Equipment means each of the following that is subject to control
under this subpart: pump, compressor, agitator, pressure relief device,
sampling collection system, open-ended valve or line, valve, connector,
instrumentation

[[Page 551]]

system in organic hazardous air pollutant service as defined in
Sec. 63.1103 for the applicable process unit, whose primary product is a
product produced by a source category subject to this subpart.
    Equivalent method means any method of sampling and analysis for an
air pollutant that has been demonstrated to the Administrator's
satisfaction to have a consistent and quantitatively known relationship
to the reference method, under specified conditions.
    Excess emissions means emissions in excess of those that would have
occurred if there were no start-up, shutdown, or malfunction and the
owner or operator complied with the relevant provisions of this subpart.
    Final recovery device means the last recovery device on a process
vent stream from a continuous unit operation at an affected source in a
source category where the applicability criteria includes a TRE index
value. The final recovery device usually discharges to a combustion
device, recapture device, or directly to the atmosphere.
    Flexible operation unit means a process unit that manufactures
different chemical products periodically by alternating raw materials or
operating conditions.
    Fuel gas means gases that are combusted to derive useful work or
heat.
    Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use as a fuel gas in combustion
devices or in-process combustion equipment, such as furnaces and gas
turbines, either singly or in combination.
    Group 1 wastewater stream means a process wastewater stream at an
existing or new source that meets the criteria for Group 1 status in
Sec. 63.132(c).
    Group 2 wastewater stream means a process wastewater stream that
does not meet the definition of a Group 1 wastewater stream.
    Halogens and hydrogen halides means hydrogen chloride (HCl),
chlorine (Cl2), hydrogen bromide (HBr), bromine (Br2), and hydrogen
fluoride (HF).
    Impurity means a substance that is produced coincidentally with the
primary product, or is present in a raw material. An impurity does not
serve a useful purpose in the production or use of the primary product
and is not isolated.
    Initial startup means, for new sources, the first time the source
begins production. For additions or changes not defined as a new source
by this subpart, initial startup means the first time additional or
changed equipment is put into operation. Initial startup does not
include operation solely for testing equipment. Initial startup does not
include subsequent startup (as defined in this section) of process units
following malfunctions or process unit shutdowns. Except for equipment
leaks, initial startup also does not include subsequent startups (as
defined in this section) of process units following changes in product
for flexible operation units or following recharging of equipment in
batch unit operations.
    Low throughput transfer rack means a transfer rack that transfers
less than a total of 11.8 million liters per year of liquid containing
regulated HAP.
    Maintenance wastewater means wastewater generated by the draining of
process fluid from components in the process unit, whose primary product
is a product produced by a source category subject to this subpart, into
an individual drain system prior to or during maintenance activities.
Maintenance wastewater can be generated during planned and unplanned
shutdowns and during periods not associated with a shutdown. Examples of
activities that can generate maintenance wastewaters include descaling
of heat exchanger tubing bundles, cleaning of distillation column traps,
draining of low legs and high point bleeds, draining of pumps into an
individual drain system, and draining of portions of the process unit,
whose primary product is a product produced by a source category subject
to this subpart, for repair.
    Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner which
causes, or has the potential to

[[Page 552]]

cause, the emission limitations in an applicable standard to be
exceeded. Failures that are caused in part by poor maintenance or
careless operation are not malfunctions.
    Maximum true vapor pressure means the equilibrium partial pressure
exerted by the total organic HAP in the stored or transferred liquid at
the temperature equal to the highest calendar-month average of the
liquid storage or transfer temperature for liquids stored or transferred
above or below the ambient temperature or at the local maximum monthly
average temperature as reported by the National Weather Service for
liquids stored or transferred at the ambient temperature, as determined:
    (1) In accordance with methods described in American Petroleum
Institute Publication 2517, Evaporation Loss From External Floating-Roof
Tanks (incorporated by reference as specified in Sec. 63.14 of subpart A
of this part); or
    (2) As obtained from standard reference texts; or
    (3) As determined by the American Society for Testing and Materials
Method D2879-83 (incorporated by reference as specified in Sec. 63.14 of
subpart A of this part); or
    (4) Any other method approved by the Administrator.
    Oil-water separator or organic-water separator means a waste
management unit, generally a tank used to separate oil or organics from
water. An oil-water or organic-water separator consists of not only the
separation unit but also the forebay and other separator basins,
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that are
located directly after the individual drain system and prior to
additional waste management units such as an air flotation unit,
clarifier, or biological treatment unit. Examples of an oil-water or
organic-water separator include, but are not limited to, an American
Petroleum Institute separator, parallel-plate interceptor, and
corrugated-plate interceptor with the associated ancillary equipment.
    On-site means, with respect to records required to be maintained by
this subpart, a location within a plant site that encompasses the
affected source. On-site includes, but is not limited to, the affected
source to which the records pertain, or central files elsewhere at the
plant site.
    Organic hazardous air pollutant or organic HAP means any organic
chemicals that are also HAP.
    Permitting authority means one of the following:
    (1) The State air pollution control agency, local agency, other
State agency, or other agency authorized by the Administrator to carry
out a permit program under part 70 of this chapter; or
    (2) The Administrator, in the case of EPA-implemented permit
programs under title V of the Act (42 U.S.C. 7661) and part 71 of this
chapter.
    Plant site means all contiguous or adjoining property that is under
common control, including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof.
    Point of determination means each point where process wastewater
exits the process unit, whose primary product is a product produced by a
source category subject to this subpart.

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

    Process condenser means a condenser whose primary purpose is to
recover material as an integral part of a process. The condenser must
support a vapor-to-liquid phase change for periods of source equipment
operation that are above the boiling or bubble point of substance(s).
Examples of process condensers include distillation condensers, reflux
condensers, process condensers in line prior to the vacuum source, and

[[Page 553]]

process condensers used in stripping or flashing operations.
    Process unit means the equipment assembled and connected by pipes or
ducts to process raw and/or intermediate materials and to manufacture an
intended product. A process unit includes more than one unit operation.
    Process unit shutdown means a work practice or operational procedure
that stops production from a process unit, or part of a process unit
during which practice or procedure it is technically feasible to clear
process material from the process unit, or part of the process unit,
consistent with safety constraints and during which repairs can be
effected. The following are not considered process unit shutdowns:
    (1) An unscheduled work practice or operational procedure that stops
production from a process unit, or part of a process unit, for less than
24 hours.
    (2) An unscheduled work practice or operational procedure that would
stop production from a process unit, or part of a process unit, for a
shorter period of time than would be required to clear the process unit,
or part of the process unit, of materials and start up the unit and
result in greater emissions than delay of repair of leaking components
until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing of
equipment without stopping production.
    Process vent means the point of discharge to the atmosphere (or the
point of entry into a control device, if any) of a gas stream from a
unit operation within a source category subject to this subpart.
    Process vent excludes the following gas stream discharges:
    (1) Relief valve discharges;
    (2) Leaks from equipment subject to this subpart;
    (3) Gas streams exiting a control device complying with this
subpart;
    (4) Gas streams transferred to other processes (on-site or off-site)
for reaction or other use in another process (i.e., for chemical value
as a product, isolated intermediate, byproduct, or co-product for heat
value);
    (5) Gas streams transferred for fuel value (i.e., net positive
heating value), use, reuse, or sale for fuel value, use, or reuse;
    (6) Gas streams from storage vessels or transfer racks subject to
this subpart;
    (7) Gas streams from waste management units subject to this subpart;
    (8) Gas streams from wastewater streams subject to this subpart;
    (9) Gas streams exiting process analyzers; and
    (10) Gas stream discharges that contain less than or equal to 0.005
weight-percent total organic HAP.
    Process wastewater means wastewater which, during manufacturing or
processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished
product, by-product, or waste product. Examples are product tank
drawdown or feed tank drawdown, water formed during a chemical reaction
or used as a reactant, water used to wash impurities from organic
products or reactants, equipment washes between batches in a batch
process, water used to cool or quench organic vapor streams through
direct contact, and condensed steam from jet ejector systems pulling
vacuum on vessels containing organics.
    Process wastewater stream means a stream that contains process
wastewater.
    Product means a compound or chemical which is manufactured as the
intended product of the applicable production process unit as defined in
Sec. 63.1103. By-products, isolated intermediates, impurities, wastes,
and trace contaminants are not considered products.
    Recapture device means an individual unit of equipment capable of
and used for the purpose of recovering chemicals, but not normally for
use, reuse, or sale. For example, a recapture device may recover
chemicals primarily for disposal. Recapture devices include, but are not
limited to, absorbers, carbon adsorbers, and condensers. For purposes of
the monitoring, recordkeeping, and reporting requirements of this
subpart, recapture devices are considered recovery devices.

[[Page 554]]

    Recovery device means an individual unit of equipment capable of and
normally used for the purpose of recovering chemicals for fuel value
(i.e., net positive heating value), use, reuse, or for sale for fuel
value. Examples of equipment that may be recovery devices include
absorbers, carbon adsorbers, condensers, oil-water separators or
organic-water separators, or organic removal devices such as decanters,
strippers, or thin-film evaporation units. For purposes of the
monitoring, recordkeeping, and reporting requirements of this subpart,
recapture devices are considered recovery devices.
    Research and development facility means laboratory and pilot plant
operations whose primary purpose is to conduct research and development
into new processes and products, where the operations are under the
close supervision of technically trained personnel, and is not engaged
in the manufacture of products for commercial sale, except in a de
minimis manner.
    Shutdown means the cessation of operation of an affected source or
equipment that is used to comply with this subpart, or the emptying and
degassing of a storage vessel. For the purposes of this subpart,
shutdown includes, but is not limited to, periodic maintenance,
replacement of equipment, or repair. Shutdown does not include the
routine rinsing or washing of equipment in batch operation between
batches. Shutdown includes the decoking of ethylene production unit
furnaces.
    Startup means the setting into operation of a regulated source and/
or equipment required or used to comply with this subpart. Startup
includes initial startup, operation solely for testing equipment, the
recharging of equipment in batch operation, and transitional conditions
due to changes in product for flexible operation units.
    Storage vessel or tank, for the purposes of regulation under the
storage vessel provisions of this subpart, means a stationary unit that
is constructed primarily of nonearthen materials (such as wood,
concrete, steel, fiberglass, or plastic) that provides structural
support and is designed to hold an accumulation of liquids or other
materials. Storage vessel includes surge control vessels and bottoms
receiver vessels. For the purposes of regulation under the storage
vessel provisions of this subpart, storage vessel does not include
vessels permanently attached to motor vehicles such as trucks, railcars,
barges, or ships; pressure vessels designed to operate in excess of
204.9 kilopascals and without emissions to the atmosphere; or wastewater
storage vessels. Wastewater storage vessels are covered under the
wastewater provisions of Sec. 63.1106.
    Subsequent startup means any setting into operation of a regulated
source and/or equipment required or used to comply with this subpart
following the initial startup.
    Surge control vessel means a feed drum, recycle drum, or
intermediate vessel. Surge control vessels are used within a process
unit (as defined in this subpart) when in-process storage, mixing, or
management of flow rates or volumes is needed to assist in production of
a product.
    Table 9 compounds means compounds listed in Table 9 of subpart G of
this part.
    Total organic compounds or (TOC) means the total gaseous organic
compounds (minus methane and ethane) in a vent stream, with the
concentrations expressed on a carbon basis.
    Total resource effectiveness index value or TRE index value means a
measure of the supplemental total resource requirement per unit
reduction of organic HAP associated with a process vent stream, based on
vent stream flow rate, emission rate of organic HAP, net heating value,
and corrosion properties (whether or not the vent stream contains
halogenated compounds), as quantified by the equations given under
Sec. 63.1104(j).
    Transfer rack means a single system used to fill bulk cargo tanks
mounted on or in a truck or railcar. A transfer rack includes all
loading arms, pumps, meters, shutoff valves, relief valves, and other
piping and equipment necessary for the transfer operation. Transfer
equipment and operations that are physically separate (i.e., do not
share common piping, valves, and other equipment) are considered to be
separate transfer racks.

[[Page 555]]

    Unit operation means distinct equipment used in processing, among
other things, to prepare reactants, facilitate reactions, separate and
purify products, and recycle materials. Equipment used for these
purposes includes, but is not limited to, reactors, distillation
columns, extraction columns, absorbers, decanters, dryers, condensers,
and filtration equipment.
    Vapor balancing system means a piping system that is designed to
collect organic HAP vapors displaced from tank trucks or railcars during
loading; and to route the collected organic HAP vapors to the storage
vessel from which the liquid being loaded originated, or to compress
collected organic HAP vapors and commingle with the raw feed of a
production process unit.
    Wastewater is either a process wastewater or a maintenance
wastewater and means water that:
    (1) Contains either:
    (i) An annual average concentration of Table 9 compounds (as defined
under this subpart) of at least 5 parts per million by weight at the
point of determination and has an annual average flow rate of 0.02 liter
per minute or greater, or
    (ii) An annual average concentration of Table 9 compounds (as
defined under this subpart) of at least 10,000 parts per million by
weight at the point of determination at any flow rate, and that
    (2) Is discarded from a process unit, whose primary product is a
product produced by a source category subject to this subpart.
    Wastewater stream means a stream that contains wastewater.

[64 FR 34921, June 29, 1999, as amended at 64 FR 63699, 63706, Nov. 22,
1999; 66 FR 55847, Nov. 2, 2001; 67 FR 39305, June 7, 2002; 67 FR 46280,
July 12, 2002; 71 FR 20458, Apr. 20, 2006]



Sec. 63.1102  Compliance schedule.

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

[[Page 556]]

    (b) [Reserved]

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


[67 FR 46280, July 12, 2002]



Sec. 63.1103  Source category-specific applicability, definitions, and
requirements.

    (a) Acetal resins production applicability, definitions, and
requirements--(1) Applicability--(i) Affected source. For the acetal
resins production source category (as defined in paragraph (a)(2) of
this section), the affected source shall comprise all emission points,
in combination, listed in paragraphs (a)(1)(i)(A) through (D) of this
section, that are associated with an acetal resins production process
unit located at a major source, as defined in section 112(a) of the
Clean Air Act (Act).
    (A) All storage vessels that store liquids containing organic HAP.
For purposes of regulation, surge control vessels and bottoms receivers
that are located as part of the process train prior to the polymer
reactor are to be regulated under the front-end process vent provisions.
    (B) All process vents from continuous unit operations (front end
process vents and back end process vents).
    (C) All wastewater streams associated with the acetal resins
production process unit as defined in (a)(2) of this section.
    (D) Equipment (as defined in Sec. 63.1101 of this subpart) that
contains or contacts organic HAP.
    (ii) Compliance schedule. The compliance schedule for affected
sources as defined in paragraph (a)(1)(i) of this section is specified
in Sec. 63.1102(a).
    (2) Definitions.
    Acetal resins production means the production of homopolymers and/or
copolymers of alternating oxymethylene units. Acetal resins are also
known as polyoxymethylenes, polyacetals, and aldehyde resins. Acetal
resins are generally produced by polymerizing formaldehyde (HCHO) with
the methylene functional group (CH2) and are characterized by
repeating oxymethylene units (CH2O) in the polymer backbone.
    Back end process vent means any process vent from a continuous unit
operation that is not a front end process vent up to the final
separation of raw materials and by-products from the stabilized polymer.
    Front end process vent means any process vent from a continuous unit
operation involved in the purification of formaldehyde feedstock for use
in the acetal homopolymer process. All front end process vents are
restricted to those vents that occur prior to the polymer reactor.
    (3) Requirements. Table 1 of this section specifies the acetal
resins production standards applicability for existing and new sources.
Applicability assessment procedures and methods are specified in
Secs. 63.1104 through 63.1107. An owner or operator of an affected
source is not required to perform tests, TRE calculations or other
applicability assessment procedures if they opt to comply with the most
stringent requirements for an applicable emission point pursuant to this
subpart. General compliance, recordkeeping, and reporting requirements
are specified in Secs. 63.1108 through 63.1112. Procedures for approval
of alternative means of emission limitations are specified in
Sec. 63.1113. The owner or operator must control organic HAP emissions
from each affected source emission point by meeting the applicable
requirements specified in table 1 of this section.

[[Page 557]]



    Table 1 to Sec. 63.1103(a)--What Are My Requirements If I Own Or
  Operate An Acetal Resins Production Existing Or New Affected Source?
------------------------------------------------------------------------
 If you own or operate. . .        And if. . .       Then you must. . .
------------------------------------------------------------------------
1. A storage vessel with: 34  The maximum true      a. Reduce emissions
 cubic meters 17.1 kilopascals   percent by venting
                               (for existing         emissions through a
                               sources) or 11.7 kilopascals   to any combination
                               (for new sources).    of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part; or
                                                    b. Comply with the
                                                     requirements of
                                                     subpart WW
                                                     (national emission
                                                     standards for
                                                     storage vessels
                                                     (control level 2))
                                                     of this part.
2. A front end process vent   ....................  a. Reduce emissions
 from continuous unit                                of total organic
 operations.                                         HAP by using a
                                                     flare meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part; or
                                                    b. Reduce emissions
                                                     of total organic
                                                     HAP by 60 weight-
                                                     percent, or reduce
                                                     TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part.
3. A back end process vent    The vent stream has   a. Reduce emissions
 from continuous unit          a TRE \a\ <1.0.       of total organic
 operations.                                         HAP by using a
                                                     flare meeting the
                                                     requirements of
                                                     subpart SS of this
                                                     part; or
                                                    b. Reduce emissions
                                                     of total organic
                                                     HAP by 98 weight-
                                                     percent, or reduce
                                                     TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part; or
                                                    c. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 1.0.
4. A back end process vent    1.0 [le]TRE \a\       Monitor and keep
 from continuous unit          [le]4.0.              records of
 operations.                                         equipment operating
                                                     parameters
                                                     specified to be
                                                     monitored under
                                                     subpart SS, Secs.
                                                     63.990(c)(absorber,
                                                     condenser, and
                                                     carbon adsorber
                                                     monitoring) or
                                                     63.995(c) (other
                                                     noncombustion
                                                     systems used as a
                                                     control device
                                                     monitoring) of this
                                                     part.
5. Equipment as defined       The equipment         Comply with the
 under Sec. 63.1101.          contains or           requirements of
                               contacts [ge]10       subpart TT
                               weight-percent        (national emission
                               organic HAP \b\,      standards for
                               and operates          equipment leaks
                               [le]300 hours per     (control level 1))
                               year.                 or subpart UU
                                                     (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
6. An acetal resins           The process           Comply with the
 production process unit       wastewater stream     requirements of
 that generates process        is a Group 1 or       Sec. 63.1106(a).
 wastewater.                   Group 2 wastewater
                               stream.
7. An acetal resins           The maintenance       Comply with the
 production process unit       wastewater contains   requirements of
 that generates maintenance    organic HAP.          Sec. 63.1106(b).
 wastewater.
8. An item of equipment       The item of           Comply with the
 listed in Sec. equipment meets the   requirements in
 63.1106(c)(1).                criteria specified    Table 35 of subpart
                               in Sec. G of this part.
                               63.1106(c)(1)
                               through (3) and
                               either (c)(4)(i) or
                               (ii).
------------------------------------------------------------------------
\a\ The TRE is determined according to the procedures specified in Sec.
  63.1104(j).
\b\ The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec. 63.1107.


[[Page 558]]

    (b) Acrylic and modacrylic fiber production applicability,
definitions, and requirements--(1) Applicability--(i) Affected source.
For the acrylic fibers and modacrylic fibers production (as defined in
paragraph (b)(2) of this section) source category, the affected source
shall comprise all emission points, in combination, listed in paragraphs
(b)(1)(i)(A) through (E) of this section, that are associated with a
suspension or solution polymerization process unit that produces acrylic
and modacrylic fiber located at a major source as defined in section
112(a) of the Act.
    (A) All storage vessels that store liquid containing acrylonitrile
or organic HAP.
    (B) All process vents from continuous unit operations.
    (C) All wastewater streams associated with the acrylic and
modacrylic fibers production process unit as defined in (b)(2) of this
section.
    (D) Equipment (as defined in Sec. 63.1101 of this subpart) that
contains or contacts acrylonitrile or organic HAP.
    (E) All acrylic and modacrylic fiber spinning lines using a spinning
solution or suspension having organic acrylonitrile or organic HAP. For
the purposes of implementing this paragraph, a spinning line includes
the spinning solution filters, spin bath, and the equipment used
downstream of the spin bath to wash, dry, or draw the spun fiber.
    (ii) Compliance schedule. The compliance schedule, for affected
sources as defined in paragraph (b)(1)(i) of this section, is specified
in Sec. 63.1102(a).
    (2) Definitions.
    Acrylic fiber means a manufactured synthetic fiber in which the
fiber-forming substance is any long-chain synthetic polymer composed of
at least 85 percent by weight of acrylonitrile units.
    Acrylic and modacrylic fibers production means the production of
either of the following synthetic fibers composed of acrylonitrile
units:
    (i) Acrylic fiber.
    (ii) Modacrylic fiber.
    Acrylonitrile solution polymerization means a process where
acrylonitrile and comonomers are dissolved in a solvent to form a
polymer solution (typically polyacrylonitrile). The polyacrylonitrile is
soluble in the solvent. In contrast to suspension polymerization, the
resulting reactor polymer solution (spin dope) is filtered and pumped
directly to the fiber spinning process.
    Acrylonitrile suspension polymerization means a polymerization
process where small drops of acrylonitrile and comonomers are suspended
in water in the presence of a catalyst where they polymerize under
agitation. Solid beads of polymer are formed in this suspension reaction
which are subsequently filtered, washed, refiltered, and dried. The
beads must be subsequently redissolved in a solvent to create a spin
dope prior to introduction to the fiber spinning process.
    Fiber spinning line means the group of equipment and process vents
associated with acrylic or modacrylic fiber spinning operations. The
fiber spinning line includes (as applicable to the type of spinning
process used) the blending and dissolving tanks, spinning solution
filters, wet spinning units, spin bath tanks, and the equipment used
downstream of the spin bath to wash, dry, or draw the spun fiber.
    Modacrylic fiber means a manufactured synthetic fiber in which the
fiber-forming substance is any long-chain synthetic polymer composed of
at least 35 percent by weight of acrylonitrile units but less than 85
percent by weight of acrylonitrile units.
    Spin dope means the liquid mixture of polymer and solvent that is
fed to the spinneret to form the acrylic and modacrylic fibers.
    (3) Requirements. An owner or operator of an affected source must
comply with the requirements of paragraph (b)(3)(i) or (ii) of this
section.
    (i) Table 2 of this section specifies the acrylic and modacrylic
fiber production source category control requirement applicability for
both existing and new sources. Applicability assessment procedures and
methods are specified in Secs. 63.1104 through 63.1107. An owner or
operator of an affected source is not required to perform tests, or
other applicability assessment procedures if they opt to comply with the
most stringent requirements for an applicable emission point pursuant to

[[Page 559]]

this subpart. General compliance, recordkeeping, and reporting
requirements are specified in Secs. 63.1108 through 63.1112. Procedures
for approval of alternative means of emission limitations are specified
in Sec. 63.1113. The owner or operator must control organic HAP
emissions from each affected source emission point by meeting the
applicable requirements specified in table 2 of this section.

 Table 2 to Sec. 63.1103(b)(3)(i)--What Are My Requirements if I Own or
   Operate an Acrylic and Modacrylic Fiber Production Existing or New
    Affected Source and Am Complying With Paragraph (b)(3)(i) of This
                                Section?
------------------------------------------------------------------------
  If you own or operate...          And if...         Then you must...
------------------------------------------------------------------------
1. A storage vessel.........  The stored material   a. Reduce emissions
                               is acrylonitrile.     of acrylonitrile by
                                                     98 weight-percent
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control device
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part, or 95
                                                     weight-percent or
                                                     greater by venting
                                                     through a closed
                                                     vent system to a
                                                     recovery device
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), Sec.
                                                     63.993 (recovery
                                                     device
                                                     requirements) of
                                                     this part; or
                                                    b. Comply with the
                                                     requirements of
                                                     subpart WW
                                                     (national emission
                                                     standards for
                                                     storage vessels
                                                     (control level 2))
                                                     of this part.
2. A process vent from        The vent steam has a  a. Reduce emissions
 continuous unit operations    mass emission rate    of acrylonitrile or
 (halogenated).                of halogen atoms      TOC as specified
                               contained in          for nonhalogenated
                               organic compounds     process vents from
                               [ge]0.45 kilograms    continuous unit
                               per hour \a\ and an   operations (other
                               acrylonitrile         than by using a
                               concentration         flare) by venting
                               [ge]50 parts per      emissions through a
                               million by volume     closed vent system
                               \b\ and an average    to a halogen
                               flow rate [ge]0.005   reduction device
                               cubic meters per      meeting the
                               minute.               requirements of
                                                     subpart SS, Sec.
                                                     63.994 (halogen
                                                     reduction devices
                                                     requirements) of
                                                     this part that
                                                     reduces hydrogen
                                                     halides and
                                                     halogens by 99
                                                     weight-percent or
                                                     to less than 0.45
                                                     kilograms per year,
                                                     whichever is less
                                                     stringent; or
                                                    b. Reduce the
                                                     process vent
                                                     halogen atom mass
                                                     emission rate to
                                                     less than 0.45
                                                     kilograms per hour
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994 (halogen
                                                     reduction devices
                                                     requirements) of
                                                     this part and then
                                                     complying with the
                                                     requirements
                                                     specified for
                                                     process vents from
                                                     continuous unit
                                                     operations
                                                     (nonhalogenated).

[[Page 560]]


3. A process vent from        The vent steam has a  a. Reduce emissions
 continuous unit operations    mass emission rate    of acrylonitrile by
 (nonhalogenated).             of halogen atoms      using a flare
                               contained in          meeting the
                               organic compounds     requirements of
                               <0.45 kilograms per   subpart SS, Sec.
                               hour \a\, and an      63.987 (flare
                               acrylonitrile         requirements) of
                               concentration         this part or
                               [ge]50 parts per     b. Reduce emissions
                               million by volume     of acrylonitrile by
                               \b\ and an average    98 weight-percent,
                               flow rate [ge]0.005   or reduce TOC to a
                               cubic meters per      concentration of 20
                               minute.               parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part.
4. A fiber spinning line      The lines use a spin  a. Reduce
 that is a new or              dope produced from    acrylonitrile
 reconstructed source.         either a suspension   emissions by 85
                               polymerization        weight-percent or
                               process or solution   more. (For example,
                               polymerization        by enclosing the
                               process,.             spinning and
                                                     washing areas of
                                                     the spinning line
                                                     (as specified in
                                                     paragraph (b)(4) of
                                                     this section) and
                                                     venting through a
                                                     closed vent system
                                                     and using any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a), of this
                                                     part); or
                                                    b. Reduce
                                                     acrylonitrile
                                                     emissions from the
                                                     spinning line to
                                                     less than or equal
                                                     to 0.25 kilograms
                                                     of acrylonitrile
                                                     per megagram (0.5
                                                     pounds of
                                                     acrylonitrile per
                                                     ton) of acrylic and
                                                     modacrylic fiber
                                                     produced; or
                                                    c. Reduce the AN
                                                     concentration of
                                                     the spin dope to
                                                     less than 100 ppmw.
5. A fiber spinning line      The spinning line     Maintain records and
 that is an existing source.   uses a spin dope      report emissions as
                               produced from a       specified in Secs.
                               solution              63.1109 through
                               polymerization        63.1110. Control of
                               process.              spinning line AN
                                                     emissions is not
                                                     required
6. A fiber spinning line      The spinning line     a. Reduce the AN
 that is an existing source.   uses a spin dope      concentration of
                               produced from a       the spin dope to
                               suspension            less than 100 ppmw
                               polymerization        \b\, or
                               process.
                                                    b. Reduce
                                                     acrylonitrile
                                                     emissions from the
                                                     spinning line to
                                                     less than or equal
                                                     to 0.025 kilograms
                                                     of acrylonitrile
                                                     per megagram of
                                                     acrylic and
                                                     modacrylic fiber
                                                     produced.
7. Equipment as defined       It contains or        Comply with the
 under Sec. 63.1101.          contacts [ge]10       requirements of
                               weight-percent        subpart TT
                               acrylonitrile \c\,    (national emission
                               and operates          standards for
                               [ge]300 hours per     equipment leaks
                               year.                 (control level 1))
                                                     or subpart UU
                                                     (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
8. An acrylic and modacrylic  The process           Comply with the
 fiber production process      wastewater stream     requirements of
 unit that generates process   is a Group 1 or       Sec. 63.1106(a).
 wastewater.                   Group 2 wastewater
                               stream.
9. An acrylic and modacrylic  The maintenance       Comply with the
 fiber production process      wastewater contains   requirements of
 unit that generates           organic HAP.          Sec. 63.1106(b).
 maintenance wastewater.
10. An item of equipment      The item of           Comply with the
 listed in Sec. equipment meets the   requirements in
 63.1106(c)(1).                criteria specified    Table 35 of subpart
                               in Sec. G of this part.
                               63.1106(c)(1)
                               through (3) and
                               either (c)(4)(i) or
                               (ii).
------------------------------------------------------------------------
\a\ The mass emission rate of halogen atoms contained in organic
  compounds is determined according to the procedures specified in Sec.
  63.1104(i).
\b\ The percent by weight organic HAP is determined according to the
  procedures specified in Sec. 63.1107.
\c\ The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec. 63.1107.


[[Page 561]]

    (ii) The owner or operator must control organic HAP emissions from
the acrylic and modacrylic fibers production facility by meeting the
applicable requirements specified in table 3 of this section. The owner
or operator must determine the facility acrylonitrile emission rate
using the procedures specified in paragraph (b)(5) of this section.
Applicability assessment procedures and methods are specified in
Secs. 63.1104 through 63.1107. An owner or operator of an affected
source does not have to perform tests, TRE calculations or other
applicability assessment procedures if they opt to comply with the most
stringent requirements for an applicable emission point pursuant to this
subpart. General compliance, recordkeeping, and reporting requirements
are specified in Secs. 63.1108 through 63.1112. Procedures for approval
of alternative means of emission limitations are specified in
Sec. 63.1113.

Table 3 to Sec. 63.1103(b)(3)(ii)--What Are My Requirements If I Own Or
   Operate An Acrylic And Modacrylic Fiber Production Existing Or New
   Affected Source And Am Complying With Paragraph (b)(3)(ii) Of This
                                Section?
------------------------------------------------------------------------
                                Then you must control total organic HAP
   If you own or operate...     emissions from the affected source by...
------------------------------------------------------------------------
1. An acrylic and modacrylic   Meeting all of following requirements:
 fibers production affected    a. Reduce total acrylonitrile emissions
 source and your facility is    from all affected storage vessels,
 an existing source.            process vents, wastewater streams
                                associated with the acrylic and
                                modacrylic fibers production process
                                unit as defined in paragraph (b)(2) of
                                this section, and fiber spinning lines
                                operated in your acrylic and modacrylic
                                fibers production facility to less than
                                or equal to 0.5 kilograms (kg) of
                                acrylonitrile per megagram (Mg) of fiber
                                produced.
                               b. Determine the facility acrylonitrile
                                emission rate in accordance with the
                                requirements specified in paragraph
                                (b)(5) of this section.
2. An acrylic and modacrylic   Meeting all of following requirements:
 fibers production affected    a. Reduce total acrylonitrile emissions
 source and your facility is    from all affected storage vessels,
 a new source.                  process vents, wastewater streams
                                associated with the acrylic and
                                modacrylic fibers production process
                                unit as defined in paragraph (b)(2) of
                                this section, and fiber spinning lines
                                operated in your acrylic and modacrylic
                                fibers production facility to less than
                                or equal to 0.25 kilograms (kg) of
                                acrylonitrile per megagram (Mg) of fiber
                                produced.
                               b. Determine the facility acrylonitrile
                                emission rate in accordance with the
                                requirements specified in paragraph
                                (b)(5) of this section.
3. Equipment as defined under  Meeting either of the following standards
 Sec. 63.1101 and it           for equipment leaks:
 contains or contacts 10 weight-percent           or
 acrylonitrile, \a\ and        b. Comply with subpart UU of this part.
 operates 300
 hours per year.
------------------------------------------------------------------------
\a\ The weight-percent organic HAP is determined for equipment according
  to procedures specified in Sec. 63.1107.

    (4) Fiber spinning line enclosure requirements. For an owner or
operator of a new or modified source electing to comply with paragraph
(b)(3)(i) of this section, the fiber spinning line enclosure must be
designed and operated to meet the requirements specified in paragraphs
(b)(4)(i) through (iv) of this section.
    (i) The enclosure must cover the spinning and washing areas of the
spinning line.
    (ii) The enclosure must be designed and operated in accordance with
the criteria for a permanent total enclosure as specified in ``Procedure
T--Criteria for and Verification of a Permanent or Temporary Total
Enclosure'' in 40 CFR 52.741, appendix B.
    (iii) The enclosure may have permanent or temporary openings to
allow worker access; passage of material into or out of the enclosure by
conveyor, vehicles, or other mechanical means; entry of permanent
mechanical or electrical equipment; or to direct airflow into the
enclosure.
    (iv) The owner or operator must perform the verification procedure
for the enclosure as specified in section 5.0 to ``Procedure T--Criteria
for and Verification of a Permanent or Temporary Total Enclosure''
initially when the enclosure is first installed and, thereafter,
annually.
    (5) Facility acrylonitrile emission rate determination. For an owner
or operator electing to comply with paragraph

[[Page 562]]

(b)(3)(ii) of this section, the facility acrylonitrile emission rate
must be determined using the requirements specified in paragraphs
(b)(5)(i) through (iii) of this section.
    (i) The owner or operator must prepare an initial determination of
the facility acrylonitrile emission rate.
    (ii) Whenever changes to the acrylic or modacrylic fiber production
operations at the facility could potentially cause the facility
acrylonitrile emission rate to exceed the applicable limit of kilogram
of acrylonitrile per Megagram of fiber produced, the owner or operator
must prepare a new determination of the facility acrylonitrile emission
rate.
    (iii) For each determination, the owner or operator must prepare and
maintain at the facility site sufficient process data, emissions data,
and any other documentation necessary to support the facility
acrylonitrile emission rate calculation.
    (c) Hydrogen fluoride production applicability, definitions, and
requirements--(1) Applicability--(i) Affected source--For the hydrogen
fluoride production (as defined in paragraph (c)(2) of this section)
source category, the affected source shall comprise all emission points,
in combination, listed in paragraphs (c)(1)(i)(A) through (D) of this
section, that are associated with a hydrogen fluoride production process
unit located at a major source as defined in section 112(a) of the Act.
    (A) All storage vessels used to accumulate or store hydrogen
fluoride.
    (B) All process vents from continuous unit operations associated
with hydrogen fluoride recovery and refining operations. These process
vents include vents on condensers, distillation units, and water
scrubbers.
    (C) All transfer racks used to load hydrogen fluoride into tank
trucks or railcars.
    (D) Equipment in hydrogen fluoride service (as defined in paragraph
(c)(2) of this section).
    (ii) Compliance schedule. The compliance schedule, for affected
sources as defined in paragraph (c)(1)(i) of this section, is specified
in Sec. 63.1102(a).
    (2) Definitions.
    Connector means flanged, screwed, or other joined fittings used to
connect two pipelines or a pipeline and a piece of equipment. A common
connector is a flange. Joined fittings welded completely around the
circumference of the interface are not considered connectors for the
purposes of this subpart.
    Equipment means each pump, compressor, agitator, pressure relief
device, sampling connection system, open-ended valve or line, valve,
connector, and instrumentation system in hydrogen fluoride service; and
any control devices or closed-vent systems used to comply with this
subpart.
    Hydrogen fluoride production means a process engaged in the
production and recovery of hydrogen fluoride by reacting calcium
fluoride with sulfuric acid. For the purpose of implementing this
subpart, hydrogen fluoride production is not a process that produces
gaseous hydrogen fluoride for direct reaction with hydrated aluminum to
form aluminum fluoride (i.e., the hydrogen fluoride is not recovered as
an intermediate or final product prior to reacting with the hydrated
aluminum).
    In hydrogen fluoride service means that a piece of equipment either
contains or contacts a hydrogen fluoride process fluid (liquid or gas).
    In vacuum service means that equipment is operating at an internal
pressure which is at least 5 kilopascals below ambient pressure.
    Instrumentation system means a group of equipment components used to
condition and convey a sample of the process fluid to analyzers and
instruments for the purpose of determining process operating conditions
(e.g., composition, pressure, flow, etc.). Valves and connectors are the
predominant type of equipment used in instrumentation systems; however,
other types of equipment may also be included in these systems.
    Kiln seal means the mechanical or hydraulic seals at both ends of
the kiln, designed to prevent the infiltration of moisture and air
through the interface of the rotating kiln and stationary pipes and
equipment attached to the kiln during normal vacuum operation of the
kiln (operation at an internal pressure of at least 0.25 kilopascal [one
inch of water] below ambient pressure).

[[Page 563]]

    Leakless pump means a pump whose seals are submerged in liquid, a
magnetically-driven pump, a pump equipped with a dual mechanical seal
system that includes a barrier fluid system, a canned pump, or other
pump that is designed with no externally actuated shaft penetrating the
pump housing.
    Open-ended valve or line means any valve, except relief valves,
having one side of the valve seat in contact with process fluid and one
side open to the atmosphere, either directly or through open piping.
    Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the relief
device. This release can be one release or a series of releases over a
short time period due to a malfunction in the process.
    Pressure relief device or valve means a safety device used to
prevent operating pressures from exceeding the maximum allowable working
pressure of the process equipment. A common pressure relief device is a
spring-loaded pressure relief valve. Devices that are actuated either by
a pressure of less than or equal to 2.5 pounds per square inch gauge or
by a vacuum are not pressure relief devices.
    Relief device or valve means a valve used only to release an
unplanned, nonroutine discharge. A relief valve discharge can result
from an operator error, a malfunction such as a power failure or
equipment failure, or other unexpected cause that requires immediate
venting of gas from process equipment in order to avoid safety hazards
or equipment damage.
    Repaired for the purpose of this regulation means equipment is
adjusted, or otherwise altered, to eliminate a leak identified by
sensory monitoring.
    Sampling connection system means an assembly of equipment within a
process unit or affected facility used during periods of representative
operation to take samples of the process fluid. Equipment used to take
nonroutine grab samples is not considered a sampling connection system.
    Sensory monitoring means the detection of a potential leak to the
atmosphere by walk-through visual, audible, or olfactory monitoring.
Comprehensive component-by-component inspection is not required.
    Shift means the time a shift operator normally works, typically 8 or
12 hours.
    (3) Requirements. Table 4 of this section specifies the hydrogen
fluoride production source category applicability and control
requirements for both existing and new sources. The owner or operator
must control hydrogen fluoride emissions from each affected source
emission point as specified in table 4. General compliance,
recordkeeping, and reporting requirements are specified in Secs. 63.1108
through 63.1112. Specific monitoring, recordkeeping, and reporting
requirements are specified in table 4. Minimization of emissions from
startups, shutdowns, and malfunctions, including those resulting from
kiln seals must be addressed in the startup, shutdown, and malfunction
plan required by Sec. 63.1111; the plan must also establish reporting
and recordkeeping of such events. Procedures for approval of alternative
means of emission limitations are specified in Sec. 63.1113.

[[Page 564]]



    Table 4 to Sec. 63.1103(c)--What Are My Requirements If I Own or
 Operate a Hydrogen Fluoride Production Existing or New Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
1. A storage vessel.........  The stored material   Reduce emissions of
                               is hydrogen           hydrogen fluoride
                               fluoride.             by venting
                                                     displacement
                                                     emissions created
                                                     by normal filling
                                                     or emptying
                                                     activities through
                                                     a closed-vent
                                                     system to a
                                                     recovery system or
                                                     wet scrubber that
                                                     is designed and
                                                     operated to achieve
                                                     a 99 weight-percent
                                                     removal efficiency.
                                                     The minimum liquid
                                                     flow rate to the
                                                     scrubber that
                                                     achieves a 99
                                                     weight-percent
                                                     removal efficiency
                                                     shall be
                                                     established, and
                                                     may be done so by
                                                     design analysis.
                                                     The liquid flow
                                                     rate to the
                                                     scrubber shall be
                                                     continuously
                                                     monitored and
                                                     records maintained
                                                     according to Secs.
                                                     63.996 and
                                                     63.998(b), (c), and
                                                     (d)(3) of 40 CFR
                                                     subpart SS of this
                                                     part. The Periodic
                                                     Report specified in
                                                     Sec. 63.1110(a)(5)
                                                     of this subpart
                                                     shall include the
                                                     information
                                                     specified in Sec.
                                                     63.999(c) of 40 CFR
                                                     subpart SS of this
                                                     part, as
                                                     applicable.
2. A process vent from        The vent stream is    Reduce emissions of
 continuous unit operations.   from hydrogen         hydrogen fluoride
                               fluoride recovery     from the process
                               and refining          vent by venting
                               vessels.              emissions through a
                                                     closed-vent system
                                                     to a wet scrubber
                                                     that is designed
                                                     and operated to
                                                     achieve a 99 weight-
                                                     percent removal
                                                     efficiency.
                                                     Monitoring,
                                                     recordkeeping, and
                                                     reporting of wet
                                                     scrubber operation
                                                     shall be in
                                                     accordance with the
                                                     requirements stated
                                                     above for a wet
                                                     scrubber
                                                     controlling
                                                     hydrogen fluoride
                                                     emissions from a
                                                     storage vessel.
3. A transfer rack..........  The transfer rack is  Reduce emissions of
                               associated with       hydrogen fluoride
                               bulk hydrogen         by venting
                               fluoride liquid       emissions through a
                               loading into tank     closed-vent system
                               trucks and rail       to a recovery
                               cars.                 system or wet
                                                     scrubber that is
                                                     designed and
                                                     operated to achieve
                                                     a 99 weight-percent
                                                     removal efficiency.
                                                     Monitoring,
                                                     recordkeeping, and
                                                     reporting of wet
                                                     scrubber operation
                                                     shall be in
                                                     accordance with the
                                                     requirements stated
                                                     above for a wet
                                                     scrubber
                                                     controlling HF
                                                     emissions from a
                                                     storage vessel. You
                                                     also must load
                                                     hydrogen fluoride
                                                     into only tank
                                                     trucks and railcars
                                                     that have a current
                                                     certification in
                                                     accordance with the
                                                     U.S. DOT pressure
                                                     test requirements
                                                     of 49 CFR part 180
                                                     for tank trucks and
                                                     49 CFR 173.31 for
                                                     railcars; or have
                                                     been demonstrated
                                                     to be vapor-tight
                                                     (i.e. will sustain
                                                     a pressure change
                                                     of not more than
                                                     750 Pascals within
                                                     5 minutes after it
                                                     is pressurized to a
                                                     minimum or 4,500
                                                     Pascals) within the
                                                     preceding 12
                                                     months.

[[Page 565]]


4. Equipment................  It is in hydrogen     Control hydrogen
                               fluoride service      fluoride emissions
                               and operates          by using leakless
                               [ge]300 hours per     pumps and by
                               year and is not in    implementing a
                               vacuum service.       sensory monitoring
                                                     leak detection
                                                     program. Equipment
                                                     that is excluded
                                                     from sensory
                                                     monitoring because
                                                     it operates less
                                                     than 300 hours per
                                                     year or is in
                                                     vacuum service
                                                     shall be identified
                                                     by list, location,
                                                     or other method and
                                                     the identity shall
                                                     be recorded. An
                                                     owner or operator
                                                     is required to
                                                     perform sensory
                                                     monitoring at least
                                                     once every shift,
                                                     but no later than
                                                     within 15 days.
                                                     When a leak is
                                                     detected, repair
                                                     must begin within
                                                     one hour and be
                                                     completed as soon
                                                     as practical. A
                                                     record shall be
                                                     kept of each leak
                                                     detected and
                                                     repaired including:
                                                     equipment
                                                     identification
                                                     number, date and
                                                     time the leak was
                                                     detected and that
                                                     repair was
                                                     initiated, and the
                                                     date of successful
                                                     repair.
------------------------------------------------------------------------

    (d) Polycarbonate production applicability, definitions, and
requirements--(1) Applicability--(i) Affected source. For the
polycarbonate production (as defined in paragraph (d)(2) of this
section) source category, the affected source shall comprise all
emission points, in combination, listed in paragraphs (d)(1)(i)(A)
through (D) of this section, that are part of a polycarbonate production
process unit located at a major source as defined in section 112(a) of
the Act. For the purposes of this rule, a polycarbonate production
process unit is a unit that produces polycarbonate by interfacial
polymerization from bisphenols and phosgene. Phosgene production units
that are associated with polycarbonate production process units are
considered to be part of the polycarbonate production process. A
phosgene production unit consists of the reactor in which phosgene is
formed and all equipment (listed in paragraphs (d)(1)(i)(A) through (D)
of this section) downstream of the reactor that provides phosgene for
the production of polycarbonate. Therefore, for the purposes of this
rule, such a phosgene production unit is considered to be a
polycarbonate production process unit.
    (A) All storage vessels that store liquids containing organic HAP.
    (B) All process vents from continuous and batch unit operations.
    (C) All wastewater streams.
    (D) Equipment (as defined in Sec. 63.1101 of this subpart) that
contains or contacts organic HAP.
    (ii) Compliance schedule. The compliance schedule, for affected
sources as defined in paragraph (d)(1)(i) of this section, is specified
in Sec. 63.1102(a).
    (2) Definitions.
    Polycarbonate production means a process engaged in the production
of a special class of polyester formed from any dihydroxy compound and
any carbonate diester or by ester exchange. Polycarbonate may be
produced by solution or emulsion polymerization, although other methods
may be used. A typical method for the manufacture of polycarbonate
includes the reaction of bisphenol-A with phosgene in the presence of
pyridine or other catalyst to form polycarbonate. Methylene chloride or
other solvents are used in this polymerization reaction.
    (3) Requirements. Tables 5 and 6 of this section specify the
applicability criteria and standards for existing and new sources within
the polycarbonate production source category. The owner or operator must
control organic HAP emissions from each affected source emission point
by meeting the applicable requirements specified in tables 5 and 6.
Applicability assessment procedures and methods are specified in
Secs. 63.1104 through 63.1107. An owner or

[[Page 566]]

operator of an affected source is not required to perform tests, TRE
calculations or other applicability assessment procedures if they opt to
comply with the most stringent requirements for an applicable emission
point pursuant to this subpart. General compliance, recordkeeping, and
reporting requirements are specified in Secs. 63.1108 through 63.1112.
Procedures for approval of alternative means of emission limitations are
specified in Sec. 63.1113.

    Table 5 to Sec. 63.1103(d)--What Are My Requirements If I Own or
      Operate A Polycarbonate Production Existing Affected Source?
------------------------------------------------------------------------
  If you own or operate...          And if...         Then you must...
------------------------------------------------------------------------
1. A storage vessel with: 75  27.6 kilopascals      Reduce emissions of
 cubic meters [le]capacity     [le]maximum true      total organic HAP
 <151 cubic meters.            vapor pressure of     by 95 weight-
                               total organic HAP     percent by venting
                               <76.6 kilopascals.    emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS
                                                     (national emission
                                                     standards for
                                                     closed vent
                                                     systems, control
                                                     devices, recovery
                                                     devices, and
                                                     routing to a fuel
                                                     gas system or a
                                                     process), as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part; or
                                                     comply with the
                                                     requirements of
                                                     subpart WW
                                                     (national emission
                                                     standards for
                                                     storage vessels
                                                     (control level 2))
                                                     of this part.
2. A storage vessel with:     The maximum true      Reduce emissions of
 151 cubic meters              vapor pressure of     total organic HAP
 [le]capacity.                 total organic HAP     by 98 weight-
                               [ge]5.2 kilopascals.  percent by venting
                                                     emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part
3. A storage vessel with: 75  The maximum true      Reduce emissions of
 cubic meters [le]capacity     vapor pressure of     total organic HAP
 <151 cubic meters.            total organic HAP     by 95 weight-
                               [ge]76.6              percent by venting
                               kilopascals.          emissions through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(1)
                                                     (storage vessel
                                                     requirements) of
                                                     this part.
4. A process vent from        The vent stream has   a. Reduce emissions
 continuous unit operations    a TRE \b c\ [le]2.7.  of total organic
 or a combined vent stream                           HAP by 98 weight-
 \a\.                                                percent; or reduce
                                                     total organic HAP
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part and vent
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994, of this
                                                     part, that reduces
                                                     hydrogen halides
                                                     and halogens by 99
                                                     weight-percent or
                                                     to less than 0.45
                                                     kilograms per hour
                                                     \d\, whichever is
                                                     less stringent; or

[[Page 567]]


  ..........................                        b. Reduce the
                                                     process vent
                                                     halogen atom mass
                                                     emission rate to
                                                     less than 0.45
                                                     kilograms per hour
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994 (halogen
                                                     reduction device
                                                     requirements) of
                                                     this part and
                                                     reduce emissions of
                                                     total organic HAP
                                                     by 98 weight-
                                                     percent; or reduce
                                                     total organic HAP
                                                     or TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part; or
                                                    c. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 2.7.
5. A process vent from        2.7 4 product,
pyrolysis gasoline, and pyrolysis fuel oil. Ethylene production does not
include the manufacture of SOCMI chemicals such as the production of
butadiene from the C4 stream and aromatics from pyrolysis
gasoline.
    Heat exchange system means any cooling tower system or once-through
cooling water system (e.g., river or pond water). A heat exchange system
can include an entire recirculating or once-through cooling system.
    Organic HAP means the compounds listed in Table 1 to subpart XX of
this part.
    Transfer rack means the collection of loading arms and loading hoses
at a single loading rack that is used to fill tank trucks and/or
railcars with organic HAP. Transfer rack includes the associated pumps,
meters, shutoff valves, relief valves, and other piping and valves.
Transfer rack does not include racks, arms, or hoses that contain
organic HAP only as impurities;

[[Page 571]]

or racks, arms, or hoses that vapor balance during all loading
operations.
    Waste means any material resulting from industrial, commercial,
mining, or agricultural operations, or from community activities, that
is discarded or is being accumulated, stored, or physically, chemically,
thermally, or biologically treated prior to being discarded, recycled,
or discharged.
    Waste stream means the waste generated by a particular process unit,
product tank, or waste management unit. The characteristics of the waste
stream (e.g., flow rate, HAP concentration, water content) are
determined at the point of waste generation. Examples of a waste stream
include process wastewater, product tank drawdown, sludge and slop oil
removed from waste management units, and landfill leachate.
    (3) Requirements. The owner or operator must control organic HAP
emissions from each affected source emission point by meeting the
applicable requirements specified in Table 7 to this section. An owner
or operator must perform the applicability assessment procedures and
methods for process vents specified in Sec. 63.1104, except for
paragraphs (d), (g), (h), (i), (j), (l)(1), and (n). An owner or
operator must perform the applicability assessment procedures and
methods for equipment leaks specified in Sec. 63.1107. General
compliance, recordkeeping, and reporting requirements are specified in
Secs. 63.1108 through 63.1112. Minimization of emissions from startup,
shutdown, and malfunctions must be addressed in the startup, shutdown,
and malfunction plan required by Sec. 63.1111; the plan must also
establish reporting and recordkeeping of such events. Procedures for
approval of alternate means of emission limitations are specified in
Sec. 63.1113.

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

[[Page 572]]


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

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

[[Page 573]]

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

    Table 8 to Sec. 63.1103(f)--What Are My Requirements if I Own or
   Operate a Carbon Black Production Existing or New Affected Source?
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
(a) A carbon black            (1) The HAP           (i) Reduce emissions
 production main unit filter   concentration of      of HAP by using a
 process vent.                 the emission stream   flare meeting the
                               is equal to or        requirements of
                               greater than 260      subpart SS of this
                               parts per million     part; or
                               by volume \a\.       (ii) Reduce
                                                     emissions of total
                                                     HAP by 98 weight-
                                                     percent or to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume,
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     Sec. 63.982(a)(2).

------------------------------------------------------------------------
\a\ The weight-percent organic HAP is determined according to the
  procedures specified in Sec. 63.1104(e).

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

[[Page 574]]

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

[[Page 575]]

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

Where:

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

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

[[Page 576]]

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

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

[[Page 577]]


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

[[Page 578]]


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

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

[[Page 579]]

and existing sources. An owner or operator must perform the
applicability assessment procedures and methods for process vents
specified in Sec. 63.1104, excluding paragraphs (b)(1), (d), (g), (h),
(i), (j), (l)(1), and (n). General compliance, recordkeeping, and
reporting requirements are specified in Secs. 63.1108 through 63.1112.
Minimization of emissions from startup, shutdown, and malfunctions must
be addressed in the startup, shutdown, and malfunction plan required by
Sec. 63.1111; the plan must also establish reporting and recordkeeping
of such events. Procedures for approval of alternate means of emission
limitations are specified in Sec. 63.1113.

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


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



Sec. 63.1104  Process vents from continuous unit operations:
applicability assessment procedures and methods.

    (a) General. The provisions of this section provide calculation and
measurement methods for criteria that are required by Sec. 63.1103 to be
used to determine applicability of the control requirements for process
vents from continuous unit operations. The owner or operator of a
process vent is not required to determine the criteria specified for a
process vent that is being controlled (including control by flare) in
accordance with the applicable weight-percent, TOC concentration, or
organic HAP concentration requirement in Sec. 63.1103.
    (b) Sampling sites. For purposes of determining process vent
applicability criteria, the sampling site shall be located as specified
in (b)(1) through (4) of this section, as applicable.
    (1) Sampling site location if TRE determination is required. If the
applicability criteria specified in the applicable table of Sec. 63.1103
includes a TRE index value, the sampling site for determining volumetric
flow rate, regulated

[[Page 580]]

organic HAP concentration, total organic HAP or TOC concentration,
heating value, and TRE index value, shall be after the final recovery
device (if any recovery devices are present) but prior to the inlet of
any control device that is present, and prior to release to the
atmosphere.
    (2) Sampling site location if TRE determination is not required. If
the applicability criteria specified in the applicable table of
Sec. 63.1103 does not include a TRE index value, the sampling site for
determining volumetric flow rate, regulated organic HAP concentration,
total organic HAP or TOC concentration, and any other specified
parameter shall be at the exit from the unit operation before any
control device.
    (3) Sampling site selection method. Method 1 or 1A of 40 CFR part
60, appendix A, as appropriate, shall be used for selection of the
sampling site. No traverse site selection method is needed for process
vents smaller than 0.10 meter (0.33 foot) in nominal inside diameter.
    (4) Sampling site when a halogen reduction device is used prior to a
combustion device. An owner or operator using a scrubber to reduce the
process vent halogen atom mass emission rate to less than 0.45 kilograms
per hour (0.99 pound per hour) prior to a combustion control device in
compliance with Sec. 63.1103 (as appropriate) shall determine the
halogen atom mass emission rate prior to the combustion device according
to the procedures in paragraph (i) of this section.
    (c) Applicability assessment requirement. The TOC or organic HAP
concentrations, process vent volumetric flow rates, process vent heating
values, process vent TOC or organic HAP emission rates, halogenated
process vent determinations, process vent TRE index values, and
engineering assessments for process vent control applicability
assessment requirements are to be determined during maximum
representative operating conditions for the process, except as provided
in paragraph (d) of this section, or unless the Administrator specifies
or approves alternate operating conditions. Operations during periods of
startup, shutdown, and malfunction shall not constitute representative
conditions for the purpose of an applicability test.
    (d) Exceptions. For a process vent stream that consists of at least
one process vent from a batch unit operation manifolded with at least
one process vent from a continuous unit operation, the TRE shall be
calculated during periods when one or more batch emission episodes are
occurring that result in the highest organic HAP emission rate (in the
combined vent stream that is being routed to the recovery device) that
is achievable during the 6-month period that begins 3 months before and
ends 3 months after the TRE calculation, without causing any of the
situations described in paragraphs (d)(1) through (3) to occur.
    (1) Causing damage to equipment;
    (2) Necessitating that the owner or operator make product that does
not meet an existing specification for sale to a customer; or
    (3) Necessitating that the owner or operator make product in excess
of demand.
    (e) TOC or Organic HAP concentration. The TOC or organic HAP
concentrations shall be determined based on paragraph (e)(1), (e)(2), or
(k) of this section, or any other method or data that have been
validated according to the protocol in Method 301 of appendix A of 40
CFR part 63. For concentrations needed for comparison with the
appropriate control applicability concentrations specified in
Sec. 63.1103, TOC or organic HAP concentration shall be determined based
on paragraph (e)(1), (e)(2), or (k) of this section or any other method
or data that has been validated according to the protocol in method 301
of appendix A of this part. The owner or operator shall record the TOC
or organic HAP concentration as specified in paragraph (l)(3) of this
section.
    (1) Method 18. The procedures specified in paragraph (e)(1)(i) and
(ii) of this section shall be used to calculate parts per million by
volume concentration using method 18 of 40 CFR part 60, appendix A:
    (i) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or four grab samples shall be taken. If grab
sampling is used, then the samples shall be taken

[[Page 581]]

at approximately equal intervals in time, such as 15-minute intervals
during the run.
    (ii) The concentration of either TOC (minus methane and ethane) or
regulated organic HAP emissions shall be calculated according to
paragraph (e)(1)(ii)(A) or (B) of this section, as applicable.
    (A) The TOC concentration (CTOC) is the sum of the
concentrations of the individual components and shall be computed for
each run using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR29JN99.015

Where:

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

    (B) The regulated organic HAP or total organic HAP concentration
(CHAP) shall be computed according to Equation 1 in paragraph
(e)(1)(ii)(A) of this section except that only the regulated or total
organic HAP species shall be summed, as appropriate.
    (2) Method 25A. The procedures specified in paragraphs (e)(2)(i)
through (vi) of this section shall be used to calculate parts per
million by volume concentration using Method 25A of 40 CFR part 60,
appendix A.
    (i) Method 25A of 40 CFR part 60, appendix A shall be used only if a
single organic HAP compound comprises greater than 50 percent of total
organic HAP or TOC, by volume, in the process vent.
    (ii) The process vent composition may be determined by either
process knowledge, test data collected using an appropriate
Environmental Protection Agency method or a method or data validated
according to the protocol in Method 301 of appendix A of part 63.
Examples of information that could constitute process knowledge include
calculations based on material balances, process stoichiometry, or
previous test results provided the results are still relevant to the
current process vent conditions.
    (iii) The organic compound used as the calibration gas for Method
25A of 40 CFR part 60, appendix A shall be the single organic HAP
compound present at greater than 50 percent of the total organic HAP or
TOC by volume.
    (iv) The span value for Method 25A of 40 CFR part 60, appendix A
shall be equal to the appropriate control applicability concentration
value specified in the applicable table(s) presented in Sec. 63.1103 of
this subpart.
    (v) Use of Method 25A of 40 CFR part 60, appendix A is acceptable if
the response from the high-level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
    (vi) The owner or operator shall demonstrate that the concentration
of TOC including methane and ethane measured by Method 25A of 40 CFR
part 60, appendix A is below one-half the appropriate control
applicability concentration specified in the applicable table for a
subject source category in Sec. 63.1103 in order to qualify for a low
organic HAP concentration exclusion.
    (f) Volumetric flow rate. The process vent volumetric flow rate
(QS), in standard cubic meters per minute at 20  deg.C, shall
be determined as specified in paragraph (f)(1) or (2) of this section
and shall be recorded as specified in Sec. 63.1109(d).
    (1) Use Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, appendix
A, as appropriate. If the process vent tested passes through a final
steam jet ejector and is not condensed, the stream volumetric flow shall
be corrected to 2.3 percent moisture; or
    (2) The engineering assessment procedures in paragraph (k) of this
section can be used for determining volumetric flow rates.
    (g) Heating value. The net heating value shall be determined as
specified in paragraphs (g)(1) and (2) of this section, or by using the
engineering assessment procedures in paragraph (k) of this section.
    (1) The net heating value of the process vent shall be calculated
using Equation 2:

[[Page 582]]

[GRAPHIC] [TIFF OMITTED] TR29JN99.016

Where:

HT = Net heating value of the sample, megaJoule per standard
          cubic meter, where the net enthalpy per mole of process vent
          is based on combustion at 25  deg.C and 760 millimeters of
          mercury, but the standard temperature for determining the
          volume corresponding to 1 mole is 20  deg.C, as in the
          definition of Qs (process vent volumetric flow
          rate).
K1 = Constant, 1.740 x 10-7 (parts per
          million)-1(gram-mole per standard cubic meter)
          (megaJoule per kilocalorie), where standard temperature for
          (gram-mole per standard cubic meter) is 20  deg.C.
Dj = Concentration on a wet basis of compound j in parts per
          million, as measured by procedures indicated in paragraph
          (e)(2) of this section. For process vents that pass through a
          final steam jet and are not condensed, the moisture is assumed
          to be 2.3 percent by volume.
    Hj = Net heat of combustion of compound j, kilocalorie
per gram-mole, based on combustion at 25  deg.C and 760 millimeters
mercury.

    (2) The molar composition of the process vent (D j) shall
be determined using the methods specified in paragraphs (g)(2)(i)
through (iii) of this section:
    (i) Method 18 of 40 CFR part 60, appendix A to measure the
concentration of each organic compound.
    (ii) American Society for Testing and Materials D1946-90 to measure
the concentration of carbon monoxide and hydrogen.
    (iii) Method 4 of 40 CFR part 60, appendix A to measure the moisture
content of the stack gas.
    (h) TOC or Organic HAP emission rate. The emission rate of TOC
(minus methane and ethane) (ETOC) and the emission rate of
the regulated organic HAP or total organic HAP (EHAP) in the
process vent, as required by the TRE index value equation specified in
paragraph (j) of this section, shall be calculated using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR29JN99.017

Where:

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

    (i) Halogenated process vent determination. In order to determine
whether a process vent is halogenated, the mass emission rate of halogen
atoms contained in organic compounds shall be calculated according to
the procedures specified in paragraphs (i)(1) and (2) of this section. A
process vent is considered halogenated if the mass emission rate of
halogen atoms contained in the organic compounds is equal to or greater
than 0.45 kilograms per hour.
    (1) The process vent concentration of each organic compound
containing halogen atoms (parts per million by volume, by compound)
shall be determined based on one of the procedures specified in
paragraphs (i)(1)(i) through (iv) of this section:
    (i) Process knowledge that no halogen or hydrogen halides are
present in the process vent, or
    (ii) Applicable engineering assessment as discussed in paragraph (k)
of this section, or
    (iii) Concentration of organic compounds containing halogens or
hydrogen halides as measured by Method 26 or 26A of 40 CFR part 60,
appendix A, or
    (iv) Any other method or data that have been validated according to
the applicable procedures in method 301 of appendix A of this part.

[[Page 583]]

    (2) Equation 4 shall be used to calculate the mass emission rate of
halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR29JN99.018

Where:

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

    (j) TRE index value. The owner or operator shall calculate the TRE
index value of the process vent using the equations and procedures in
this paragraph, as applicable, and shall maintain records specified in
paragraph (l)(1) or (m)(2) of this section, as applicable.
    (1) TRE index value equation. The equation for calculating the TRE
index value is Equation 5:

TRE = 1/EHAP*[A+B(QS)+ C(HT)+
D(ETOC)]  [Eq. 5]

Where:

TRE = TRE index value.
A, B, C, D = Coefficients presented in table 1 of this section.
EHAP = Emission rate of total organic HAP, kilograms per
          hour, as calculated according to paragraph (h) or (k) of this
          section.
QS = process vent flow rate, standard cubic meters per
          minute, at a standard temperature of 20  deg.C, as calculated
          according to paragraph (f) or (k) of this section.
HT = process vent net heating value, megaJoules per standard
          cubic meter, as calculated according to paragraph (g) or (k)
          of this section.
ETOC = Emission rate of TOC (minus methane and ethane),
          kilograms per hour, as calculated according to paragraph (h)
          or (k) of this section.

                                    Table 1 of Sec. 63.1104(j)(1)--Coefficients for Total Resource Effectiveness \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Values of coefficients
         Existing or new?            Halogenated vent       Control device   ---------------------------------------------------------------------------
                                          stream?               basis                 A                  B                  C                  D
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing.........................  Yes.................  Thermal Incinerator  3.995              5.200x10-2         -1.769x10-3        9.700x10 -4
                                                          and Scrubber.
                                   No..................  Flare..............  1.935              3.660x10 -1        -7.687x10 -3       -7.333x10 -4
                                                         Thermal Incinerator  1.492              6.267x10 -2        3.177x10 -2        -1.159x10 -3
                                                          0 Percent Recovery.
                                                         Thermal Incinerator  2.519              1.183x10 -2        1.300x10 -2        4.790x10 -2
                                                          70 Percent
                                                          Recovery.
New..............................  Yes.................  Thermal Incinerator  1.0895             1.417x10 -2        -4.822x10 -4       2.645x10 -4
                                                          and Scrubber.
                                   No..................  Flare..............  5.276x10 -1        9.98x10 -2         -2.096x10 -3       2.000x10 -4
                                                         Therman Incinerator  4.068x10 -1        1.71x10 -2         8.664x10 -3        -3.162x10 -4
                                                          0 Percent Recovery.
                                                         Thermal Incinerator  6.868x10 -1        3.209x10 -3        3.546x10 -3        1.306x10 -2
                                                          70 Percent
                                                          Recovery.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Use according to procedures outlined in this section.
MJ/scm = Mega Joules per standard cubic meter.
scm/min = Standard cubic meters per minute.

    (2) Nonhalogenated process vents. The owner or operator of a
nonhalogenated process vent shall calculate the TRE index value by using
the equation and appropriate nonhalogenated process

[[Page 584]]

vent parameters in table 1 of this section for process vents at existing
and new sources. The lowest TRE index value is to be selected.
    (3) Halogenated process vents. The owner or operator of a
halogenated process vent stream, as determined according to procedures
specified in paragraph (i) or (k) of this section, shall calculate the
TRE index value using the appropriate halogenated process vent
parameters in table 1 of this section for existing and new sources.
    (k) Engineering assessment. For purposes of TRE index value
determinations, engineering assessments may be used to determine process
vent flow rate, net heating value, TOC emission rate, and total organic
HAP emission rate for the representative operating condition expected to
yield the lowest TRE index value. Engineering assessments shall meet the
requirements of paragraphs (k)(1) through (4) of this section. If a
process vent flow rate or process vent organic HAP or TOC concentration
is being determined for comparison with the applicable flow rate or
concentration value presented in the tables in Sec. 63.1103 to determine
control requirement applicability, engineering assessment may be used to
determine the flow rate or concentration for the representative
operating conditions expected to yield the highest flow rate or
concentration.
    (1) If the TRE index value calculated using such engineering
assessment and the TRE index value equation in paragraph (j) of this
section is greater than 4.0, then the owner or operator is not required
to perform the measurements specified in paragraphs (e) through (i) of
this section.
    (2) If the TRE index value calculated using such engineering
assessment and the TRE index value equation in paragraph (j) of this
section is less than or equal to 4.0, then the owner or operator is
required either to perform the measurements specified in paragraphs (e)
through (i) of this section for control applicability assessment or
comply with the requirements (or standards) specified in the tables
presented in Sec. 63.1103 (as applicable).
    (3) Engineering assessment includes, but is not limited to, the
examples specified in paragraphs (k)(3)(i) through (iv) of this section:
    (i) Previous test results, provided the tests are representative of
current operating practices at the process unit.
    (ii) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
    (iii) Maximum flow rate, TOC emission rate, organic HAP emission
rate, organic HAP or TOC concentration, or net heating value limit
specified or implied within a permit limit applicable to the process
vent.
    (iv) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to those specified in paragraphs (k)(3)(iv)(A) through
(k)(3)(iv)(D) of this section:
    (A) Use of material balances based on process stoichiometry to
estimate maximum TOC or organic HAP concentrations,
    (B) Estimation of maximum flow rate based on physical equipment
design such as pump or blower capacities,
    (C) Estimation of TOC or organic HAP concentrations based on
saturation conditions, and
    (D) Estimation of maximum expected net heating value based on the
stream concentration of each organic compound or, alternatively, as if
all TOC in the stream were the compound with the highest heating value.
    (4) All data, assumptions, and procedures used in the engineering
assessment shall be documented. The owner or operator shall maintain the
records specified in paragraphs (l)(1) through (4) of this section, as
applicable.
    (l) Applicability assessment recordkeeping requirements--(1) TRE
index value records. The owner or operator shall maintain records of
measurements, engineering assessments, and calculations performed to
determine the TRE index value of the process vent according to the
procedures of paragraph (j) of this section, including those records
associated with halogen vent stream determination. Documentation of
engineering assessments shall include all data, assumptions, and

[[Page 585]]

procedures used for the engineering assessments, as specified in
paragraph (k) of this section. As specified in paragraph (m) of this
section, the owner or operator shall include this information in the
Notification of Compliance Status report required by Sec. 63.1110(a)(4)
.
    (2) Flow rate records. The owner or operator shall record the flow
rate as measured using the sampling site and flow rate determination
procedures (if applicable) specified in paragraphs (b) and (f) of this
section or determined through engineering assessment as specified in
paragraph (k) of this section. As specified in paragraph (m) of this
section, the owner or operator shall include this information in the
Notification of Compliance Status report required by Sec. 63.1110(a)(4).
    (3) Concentration records. The owner or operator shall record the
regulated organic HAP or TOC concentration (if applicable) as measured
using the sampling site and regulated organic HAP or TOC concentration
determination procedures specified in paragraphs (e)(1) and (2) of this
section, or determined through engineering assessment as specified in
paragraph (k) of this section. As specified in paragraph (m) of this
section, the owner or operator shall include this information in the
Notification of Compliance Status report required by Sec. 63.1110(a)(4).
    (4) Process change records. The owner or operator shall keep up-to-
date, readily accessible records of any process changes that change the
control applicability for a process vent. Records are to include any
recalculation or measurement of the flow rate, regulated organic HAP or
TOC concentration, and TRE index value.
    (m) Applicability assessment reporting requirements--(1)
Notification of Compliance Status. The owner or operator shall submit,
as part of the Notification of Compliance Status report required by
Sec. 63.1110(a)(4), the information recorded in paragraph (l)(1) through
(3) of this section.
    (2) Process change. (i) Whenever a process vent becomes subject to
control requirements under this subpart as a result of a process change,
the owner or operator shall submit a report within 60 days after the
performance test or applicability assessment, whichever is sooner. The
report may be submitted as part of the next Periodic Report required by
Sec. 63.1110(a)(5). The report shall include the information specified
in paragraphs (m)(2)(i)(A) through (C) of this section.
    (A) A description of the process change;
    (B) The results of the recalculation of the TOC or organic HAP
concentration, flow rate, and/or TRE index value required under
paragraphs (e), (f), and (j), and recorded under paragraph (l); and
    (C) A statement that the owner or operator will comply with the
requirements specified in Sec. 63.1103 by the schedules specified in
that section for the affected source.
    (ii) If a performance test is required as a result of a process
change, the owner or operator shall specify that the performance test
has become necessary due to a process change. This specification shall
be made in the performance test notification to the Administrator, as
specified in Sec. 63.999(a)(1).
    (iii) If a process change does not result in additional applicable
requirements, then the owner or operator shall include a statement
documenting this in the next Periodic Report required by
Sec. 63.1110(a)(5) after the process change was made.
    (n) Parameter monitoring of certain process vents. An owner or
operator who maintains a TRE index value (if applicable) in the
applicable TRE index value monitoring range as specified in an
applicable table presented in Sec. 63.1103 of this subpart without using
a recovery device shall report a description of the parameter(s) to be
monitored to ensure the process vent is operated in conformance with its
design or process and achieves and maintains the TRE index value above
the specified level, and an explanation of the criteria used to select
parameter(s). An owner or operator who maintains a TRE index value (if
applicable) in the applicable TRE index monitoring range as specified in
an applicable table presented in Sec. 63.1103 of this subpart by using a
recovery device shall comply with the requirements of Sec. 63.993(c).

[64 FR 34921, June 29, 1999, as amended at 64 FR 63708, Nov. 22, 1999;
67 FR 39307, June 7, 2002; 67 FR 42688, July 12, 2002]

[[Page 586]]



Sec. 63.1105  Transfer racks.

    (a) Design requirements. The owner or operator shall equip each
transfer rack with one of the control options listed in paragraphs
(a)(1) through (4) of this section.
    (1) A closed vent system designed to collect HAP-containing vapors
displaced from tank trucks or railcars during loading and to route the
collected vapors to a flare. The owner or operator must meet the
requirements of Sec. 63.982(a)(3).
    (2) A closed vent system designed to collect HAP-containing vapors
displaced from tank trucks or railcars during loading and to route the
collected vapors to a control device other than a flare. The owner or
operator must meet the requirements of Sec. 63.982(a)(3).
    (3) Process piping designed to collect the HAP vapors displaced from
tank trucks or railcars during loading and to route the collected vapors
to a process where the HAP vapors shall predominantly meet one of, or a
combination of, the ends specified in paragraphs (a)(3)(i) through (iv)
of this section or to a fuel gas system. The owner or operator must meet
the requirements of Sec. 63.982(a)(3).
    (i) Recycled and/or consumed in the same manner as a material that
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not
HAP;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (4) Process piping designed to collect the HAP vapors displaced from
tank trucks or railcars during loading and to route the collected vapors
to a vapor balance system. The vapor balance system must be designed to
route the collected HAP vapors to the storage vessel from which the
liquid being loaded originated, or to another storage vessel connected
to a common header, or to compress and route collected HAP vapors to a
process.
    (b) Operating requirements. An owner or operator of a transfer rack
shall operate it in such a manner that emissions are routed through the
equipment specified in paragraph (a) of this section.
    (c) Control device operation. Whenever HAP emissions are vented to a
control device used to comply with the provisions of this subpart, such
control device shall be operating.
    (d) Tank trucks and railcars. The owner or operator shall load HAP-
containing materials only into tank trucks and railcars that meet the
requirement in paragraph (d)(1) or (2) of this section and shall
maintain the records specified in paragraph (i) of this section.
    (1) Have a current certification in accordance with the U.S.
Department of Transportation (DOT) pressure test requirements of 49 CFR
part 180 for tank trucks and 49 CFR 173.31 for railcars; or
    (2) Have been demonstrated to be vapor-tight within the preceding 12
months as determined by the procedures in paragraph (h) of this section.
Vapor-tight means that the pressure in a truck or railcar tank will not
drop more than 750 pascals within 5 minutes after it is pressurized to a
minimum of 4,500 pascals.
    (e) Pressure relief device. The owner or operator of a transfer rack
subject to the provisions of this subpart shall ensure that no pressure
relief device in the loading equipment of each tank truck or railcar
shall begin to open to the atmosphere during loading. Pressure relief
devices needed for safety purposes are not subject to the requirements
of this paragraph.
    (f) Compatible system. The owner or operator of a transfer rack
subject to the provisions of this subpart shall load HAP-containing
materials only to tank trucks or railcars equipped with a vapor
collection system that is compatible with the transfer rack's closed
vent system or process piping.
    (g) Loading while systems connected. The owner or operator of a
transfer rack subject to this subpart shall load HAP-containing material
only to tank trucks or railcars whose collection systems are connected
to the transfer rack's closed vent system or process piping.
    (h) Vapor tightness procedures. For the purposes of demonstrating
vapor tightness to determine compliance with paragraph (d)(2) of this
section, the procedures and equipment specified in paragraphs (h)(1) and
(2) shall be used.

[[Page 587]]

    (1) The pressure test procedures specified in Method 27 of appendix
A to 40 CFR part 60.
    (2) A pressure measurement device that has a precision of 2.5
millimeters of mercury or better and that is capable of measuring above
the pressure at which the tank truck or railcar is to be tested for
vapor tightness.
    (i) Recordkeeping. The owner or operator of a transfer rack shall
record that the verification of DOT tank certification or Method 27 of
appendix A to 40 CFR part 60 testing required in Sec. 63.84(c) has been
performed. Various methods for the record of verification can be used,
such as a check-off on a log sheet, a list of DOT serial numbers or
Method 27 data, or a position description for gate security showing that
the security guard will not allow any trucks on-site that do not have
the appropriate documentation.

[67 FR 46288, July 12, 2002]



Sec. 63.1106  Wastewater provisions.

    (a) Process wastewater. Except as specified in paragraphs (a)(1)
through (a)(16) and paragraph (d) of this section, the owner or operator
of each affected source shall comply with the HON process wastewater
requirements in Secs. 63.132 through 63.148.
    (1) When terms used in Secs. 63.132 through 63.148 are defined in
Sec. 63.1101, the definition in Sec. 63.1101 shall apply, for the
purposes of this subpart. For terms used in Secs. 63.132 through 63.148
that are not defined in Sec. 63.1101, the definitions in Secs. 63.101
and 63.111 shall apply.
    (2) When the term chemical manufacturing production process unit, or
CMPU, is used in Secs. 63.132 through 63.148, the phrase ``a process
unit whose primary product is a product produced by a source category
subject to this subpart'' shall apply, for the purposes of this subpart.
    (3) Owners and operators of affected sources are not required to
comply with Sec. 63.132(b)(1) and (d) and Sec. 63.138(c). Further,
owners and operators are exempt from all requirements in Secs. 63.132
through 63.148 that pertain solely and exclusively to organic HAP listed
in Table 8 of subpart G of this part.
    (4) When the determination of equivalence criteria in Sec. 63.102(b)
is referred to in Secs. 63.132, 63.133, and 63.137, the alternative
nonopacity emission standard provisions in Sec. 63.6(g) shall apply, for
the purposes of this subpart.
    (5) When the HON storage vessel requirements for internal floating
roofs contained in Sec. 63.119(b) are referred to in
Sec. 63.133(a)(2)(ii), the requirements in Sec. 63.1063(a)(1)(i), (2),
and (b) shall apply, for the purposes of this subpart.
    (6) When the HON storage vessel requirements for external floating
roofs in Secs. 63.119(c) and 63.120(b)(5) and (6) are referred to in
Sec. 63.133(a)(2)(iii) and (d), the requirements in
Sec. 63.1063(a)(1)(ii), (2), and (b) shall apply, for the purposes of
this subpart.
    (7) For the purposes of this subpart, Sec. 63.1063(c)(2)(iv) shall
apply instead of Sec. 63.133(e).
    (8) When Secs. 63.143(c), (d), (e)(3) and 63.146(a) require the
submission of a request for approval to monitor alternative parameters
according to the procedures specified in Sec. 63.151(f) or (g), the
owner or operator requesting to monitor alternative parameters shall
follow the procedures specified in Sec. 63.1108(c) or as specified in a
referenced subpart.
    (9) When Sec. 63.147(d) requires the owner or operator to keep
records of the daily average value of each continuously monitored
parameter for each operating day as specified in Sec. 63.152(f), the
owner or operator shall keep records of each continuously monitored
parameter for each operating day as specified in Sec. 63.998(b).
    (10) When Sec. 63.132(a) and (b) refer to the ``applicable dates
specified in Sec. 63.100 of subpart F of this part,'' the applicable
compliance dates specified in Sec. 63.1102 shall apply, for purposes of
this subpart.
    (11) Where Sec. 63.152(b) and/or the Notification of Compliance
Status is referred to in Secs. 63.132 through 63.148, the Notification
of Compliance Status requirements contained in Sec. 63.1110(a)(3) shall
apply, for purposes of this subpart.
    (12) Where Sec. 63.152(c) and/or the Periodic Report requirements
are referred to Secs. 63.132 through 63.148, the Periodic Report
requirements contained in Sec. 63.1110(a)(4) shall apply, for purposes
of this subpart.

[[Page 588]]

    (13) When Method 18 of appendix A to part 60 of this chapter is
specified in Sec. 63.139(e)(1)(ii), Sec. 63.145(d)(4), or
Sec. 63.145(i)(2), either Method 18 or Method 25A may be used. The use
of Method 25A of appendix A to part 60 of this chapter shall comply with
paragraphs (a)(13)(i) and (a)(13)(ii) of this section.
    (i) The organic HAP used as the calibration gas for Method 25A of
appendix A of part 60 of this chapter shall be the single organic HAP
representing the largest percent by volume of the emissions.
    (ii) The use of Method 25A of appendix A of part 60 of this chapter
is acceptable if the response from the high-level calibration gas is at
least 20 times the standard deviation of the response from the zero
calibration gas when the instrument is zeroed on the most sensitive
scale.
    (14) When the HON recordkeeping requirements for by-pass lines in
Sec. 63.118(a)(3) is referred to in Sec. 63.148(f), the requirements in
Sec. 63.998(d)(1)(ii)(A) shall apply, for the purposes of this subpart.
    (15) When the Initial Notification requirements in Sec. 63.182(b)
are referred to in Sec. 63.148(j), the requirements in Sec. 63.1110(c)
shall apply, for the purposes of this subpart.
    (16) For the purposes of this subpart, Sec. 63.148(k) shall not
apply.
    (b) Maintenance wastewater. The owner or operator of each affected
source shall comply with the HON maintenance wastewater requirements in
Sec. 63.105. When terms used in Sec. 63.105 are defined in Sec. 63.1101,
the definition in Sec. 63.1101 shall apply, for the purpose of this
subpart. For terms used in Sec. 63.105 that are not defined in
Sec. 63.1101, the definitions in Secs. 63.101 and 63.111 shall apply.
    (c) Liquid streams in open systems. The owner or operator shall
comply with the provisions of Table 35 of subpart G of this part for
each item of equipment meeting the criteria specified in paragraphs
(c)(1) through (3) of this section and either paragraph (c)(4)(i) or
(ii) of this section, with the exceptions provided in paragraphs (c)(5)
and (6) of this section.
    (1) The item of equipment is one of the types of equipment
identified in paragraphs (c)(1)(i) through (vii) of this section.
    (i) Drain or drain hub;
    (ii) Manhole (including sumps and other points of access to a
conveyance system);
    (iii) Lift station;
    (iv) Trench;
    (v) Pipe;
    (vi) Oil/water separator; and
    (vii) Tanks with capacities of 38 m\3\ or greater.
    (2) The item of equipment is part of an affected source that is
subject to this subpart.
    (3) The item of equipment is controlled less stringently than in
Table 35 of subpart G of this part, and the item of equipment is not
otherwise exempt from the provisions of this subpart, or a referenced
subpart.
    (4) The item of equipment:
    (i) Is a drain, drain hub, manhole, lift station, trench, pipe, or
oil/water separator that conveys water with a total annual average
concentration greater than or equal to 10,000 parts per million by
weight of Table 9 compounds (as defined under this subpart) at any flow
rate; or a total annual average concentration greater than or equal to
1,000 parts per million by weight of Table 9 compounds (as defined under
this subpart) at an annual average flow rate greater than or equal to 10
liters per minute.
    (ii) Is a tank that receives one or more streams that contain water
with a total annual average concentration greater than or equal to 1,000
parts per million by weight of Table 9 compounds (as defined under this
subpart) at an annual average flow rate greater than or equal to 10
liters per minute. The owner or operator shall determine the
characteristics of the stream as specified in paragraphs (c)(4)(ii)(A)
and (B) of this section.
    (A) The characteristics of the stream being received shall be
determined at the inlet to the tank.
    (B) The characteristics shall be determined according to the
procedures in Sec. 63.144(b) and (c).
    (5) When terms used in Table 35 of subpart G of this part are
defined in Sec. 63.1101, the definition in Sec. 63.1101 shall apply, for
the purpose of this subpart. For terms used in Table 35 of subpart G

[[Page 589]]

of this part that are not defined in Sec. 63.1101, the definitions in
Sec. 63.101 and Sec. 63.111 shall apply.
    (6) When Table 35 of subpart G of this part refers to 40 CFR
63.119(e)(1) or (e)(2) in the requirements for tanks, the requirements
in Sec. 63.982(a)(1) shall apply, for purposes of this subpart.
    (d) The compliance date for the affected sources subject to the
provisions of this section is specified in Sec. 63.1102.

[64 FR 63701, Nov. 22, 1999]



Sec. 63.1107  Equipment leaks: applicability assessment procedures and
methods.

    (a) Each piece of equipment within a process unit that can
reasonably be expected to contain equipment in organic HAP service is
presumed to be in organic HAP service unless an owner or operator
demonstrates that the piece of equipment is not in organic HAP service.
For a piece of equipment to be considered not in organic HAP service, it
must be determined that the percent organic HAP content can be
reasonably expected not to exceed the percent by weight control
applicability criteria specified in Sec. 63.1103 for an affected source
on an annual average basis. For purposes of determining the percent
organic HAP content of the process fluid that is contained in or
contacts equipment, Method 18 of 40 CFR part 60, appendix A shall be
used.
    (b) An owner or operator may use good engineering judgment rather
than the procedures in paragraph (a) of this section to determine that
the percent organic HAP content does not exceed the percent by weight
control applicability criteria specified in Sec. 63.1103 for an affected
source. When an owner or operator and the Administrator do not agree on
whether a piece of equipment is not in organic HAP service, however, the
procedures in paragraph (a) of this section shall be used to resolve the
disagreement.
    (c) If an owner or operator determines that a piece of equipment is
in organic HAP service, the determination can be revised after following
the procedures in paragraph (a) of this section, or by documenting that
a change in the process or raw materials no longer causes the equipment
to be in organic HAP service.
    (d) Samples used in determining the percent organic HAP content
shall be representative of the process fluid that is contained in or
contacts the equipment.



Sec. 63.1108  Compliance with standards and operation and maintenance
requirements.

    (a) Requirements. (1) Except as provided in paragraph (a)(2) of this
section, the emission limitations and established parameter ranges of
this part shall apply at all times except during periods of startup,
shutdown, malfunction, or non-operation of the affected source (or
specific portion thereof) resulting in cessation of the emissions to
which this subpart applies. However, if a startup, shutdown, malfunction
or period of non-operation of one portion of an affected source does not
affect the ability of a particular emission point to comply with the
specific provisions to which it is subject, then that emission point
shall still be required to comply with the applicable provisions of this
subpart and any of the subparts that are referenced by this subpart
during startup, shutdown, malfunction, or period of non-operation.
    (2) If equipment leak requirements are referenced by this subpart
for a subject source category, such requirements shall apply at all
times except during periods of startup, shutdown, or malfunction,
process unit shutdown (as defined in Sec. 63.1101), or non-operation of
the affected source (or specific portion thereof) in which the lines are
drained and depressurized resulting in cessation of the emissions to
which the equipment leak requirements apply.
    (3) For batch unit operations, shutdown does not include the normal
periods between batch cycles; and startup does not include the
recharging of batch unit operations, or the transitional conditions due
to changes in product.
    (4) [Reserved]
    (5) During startups, shutdowns, and malfunctions when the emission
standards of this subpart and the subparts referenced by this subpart do
not apply pursuant to paragraphs (a)(1) through (4) of this section, the
owner or operator shall implement, to the extent

[[Page 590]]

reasonably available, measures to prevent or minimize excess emissions.
The measures to be taken shall be identified in the startup, shutdown,
and malfunction plan (if applicable), and may include, but are not
limited to, air pollution control technologies, recovery technologies,
work practices, pollution prevention, monitoring, and/or changes in the
manner of operation of the affected source. Back-up control devices are
not required, but may be used if available. Compliance with an
inadequate startup, shutdown, and malfunction plan developed pursuant to
Sec. 63.1111 is not a shield for failing to comply with good operation
and maintenance requirements.
    (6) Malfunctions shall be corrected as soon as practical after their
occurrence.
    (7) Operation and maintenance requirements established pursuant to
section 112 of the Act are enforceable, independent of emissions
limitations or other requirements in relevant standards.
    (b) Compliance assessment procedures--(1) Parameter monitoring:
compliance with operating conditions. Compliance with the required
operating conditions for the monitored control devices or recovery
devices may be determined by, but is not limited to, the parameter
monitoring data for emission points that are required to perform
continuous monitoring. For each excursion except for excused excursions
(as described in Sec. 63.998(b)(6)(ii)), and as provided for in
paragraph (b)(2) of this section the owner or operator shall be deemed
to have failed to have applied the control in a manner that achieves the
required operating conditions.
    (2) Parameter monitoring: Excursions. An excursion is not a
violation in cases where continuous monitoring is required and the
excursion does not count toward the number of excused excursions (as
described in Sec. 63.998(b)(6)(ii)), if the conditions of paragraph
(b)(2)(i) or (ii) of this section are met. Nothing in this paragraph
shall be construed to allow or excuse a monitoring parameter excursion
caused by any activity that violates other applicable provisions of this
subpart or a subpart referenced by this subpart.
    (i) During periods of startup, shutdown, or malfunction (and the
source is operated during such periods in accordance with
Sec. 63.1111(a)), or
    (ii) During periods of non-operation of the affected source or
portion thereof (resulting in cessation of the emissions to which the
monitoring applies).
    (3) Operation and maintenance procedures. Determination of whether
acceptable operation and maintenance procedures are being used will be
based on information available to the Administrator. This information
may include, but is not limited to, monitoring results, review of
operation and maintenance procedures (including the startup, shutdown,
and malfunction plan under Sec. 63.1111), review of operation and
maintenance records, and inspection of the affected source, and
alternatives approved as specified in Sec. 63.1113.
    (4) Applicability and compliance assessment procedures.
Applicability and compliance with standards shall be governed by, in
part, but not limited to, the use of data, tests, and requirements
according to paragraphs (b)(4)(i) through (iii) of this section.
Compliance with design, equipment, work practice, and operating
standards, including those for equipment leaks, shall be determined
according to paragraph (b)(5) of this section.
    (i) Applicability assessments. Unless otherwise specified in a
relevant test method required to assess control applicability, each test
shall consist of three separate runs using the applicable test method.
Each run shall be conducted for the time and under the conditions
specified in this subpart. The arithmetic mean of the results of the
three runs shall apply when assessing applicability. Upon receiving
approval from the Administrator, results of a test run may be replaced
with results of an additional test run if it meets the criteria
specified in paragraphs (a)(4)(i)(A) through (D) of this section.
    (A) A sample is accidentally lost after the testing team leaves the
site; or
    (B) Conditions occur in which one of the three runs must be
discontinued because of forced shutdown; or
    (C) Extreme meteorological conditions occur;

[[Page 591]]

    (D) Other circumstances occur that are beyond the owner or
operator's control.
    (ii) Performance test. The Administrator may determine compliance
with emission limitations of this subpart based on, but not limited to,
the results of performance tests conducted according to the procedures
specified in Sec. 63.997 of this part, unless otherwise specified in
this subpart or a subpart referenced by this subpart.
    (iii) Operation and maintenance requirements. The Administrator may
determine compliance with the operation and maintenance standards of
this subpart by, but not limited to, evaluation of an owner or
operator's conformance with operation and maintenance requirements,
including the evaluation of monitoring data, as specified in this
subpart or a subpart referenced by this subpart.
    (5) Design, equipment, work practice, or operational standards. The
Administrator may determine compliance with design, equipment, work
practice, or operational requirements by, but is not limited to, review
of records, inspection of the affected source, and by evaluation of an
owner or operator's conformance with operation and maintenance
requirements as specified in this subpart, and in the subparts
referenced by this subpart.
    (c) Finding of compliance. The Administrator may make a finding
concerning an affected source's compliance with an emission standard or
operating and maintenance requirement as specified in, but not limited
to, paragraphs (a) and (b) of this section, upon obtaining all of the
compliance information required by the relevant standard (including the
written reports of performance test results, monitoring results, and
other information, if applicable) and any information available to the
Administrator to determine whether proper operation and maintenance
practices are being used. Standards in this subpart and methods of
determining compliance are in metric units followed by the equivalents
in English units. The Administrator will make findings of compliance
with the numerical standards of this subpart using metric units.
    (d) Compliance time. All terms that define a period of time for
completion of required tasks (e.g., weekly, monthly, quarterly,
annually), unless specified otherwise in the section or subsection that
imposes the requirement, refer to the standard calendar periods.
    (1) Notwithstanding time periods specified for completion of
required tasks, time periods may be changed by mutual agreement between
the owner or operator and the Administrator, as specified in
Sec. 63.1110(h). For each time period that is changed by agreement, the
revised period shall remain in effect until it is changed. A new request
is not necessary for each recurring period.
    (2) When the period specified for compliance is a standard calendar
period, if the initial compliance date occurs after the beginning of the
period, compliance shall be required according to the schedule specified
in paragraph (d)(2) (i) or (ii) of this section, as appropriate.
    (i) Compliance shall be required before the end of the standard
calendar period within which the compliance deadline occurs, if there
remain at least 3 days for tasks that must be performed weekly, at least
2 weeks for tasks that must be performed monthly, at least 1 month for
tasks that must be performed each quarter, or at least 3 months for
tasks that must be performed annually; or
    (ii) In all other cases, compliance shall be required before the end
of the first full standard calendar period after the period within which
the initial compliance deadline occurs.
    (3) In all instances where a provision requires completion of a task
during each of multiple successive periods, an owner or operator may
perform the required task at any time during the specified period,
provided the task is conducted at a reasonable interval after completion
of the task during the previous period.

[64 FR 34921, June 29, 1999, as amended at 64 FR 63709, Nov. 22, 1999;
71 FR 20458, Apr. 20, 2006]



Sec. 63.1109  Recordkeeping requirements.

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

[[Page 592]]

operator of each affected source subject to this subpart shall keep
copies of notifications, reports and records required by this subpart
and subparts referenced by this subpart for at least 5 years, unless
otherwise specified under this subpart.
    (b) Copies of reports. If the Administrator has waived the
requirement of Sec. 63.1110(g)(1) for submittal of copies of reports,
the owner or operator is not required to maintain copies of the waived
reports. This paragraph applies only to reports and not the underlying
records that must be maintained as specified in this subpart and the
subparts referenced by this subpart.
    (c) Availability of records. All records required to be maintained
by this subpart or a subpart referenced by this subpart shall be
maintained in such a manner that they can be readily accessed and are
suitable for inspection. The records of the remaining 3 years, where
required, may be retained offsite. Records may be maintained in hard
copy or computer-readable form including, but not limited to, on paper,
microfilm, computer, computer disk, magnetic tape, or microfiche.
    (d) Control applicability records. Owners or operators shall
maintain records containing information developed and used to assess
control applicability under Sec. 63.1103 (e.g., combined total annual
emissions of regulated organic HAP).

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



Sec. 63.1110  Reporting requirements.

    (a) Required reports. Each owner or operator of an affected source
subject to this subpart shall submit the reports listed in paragraphs
(a)(1) through (8) of this section, as applicable.
    (1) A Notification of Initial Startup described in paragraph (b) of
this section, as applicable.
    (2) An Initial Notification described in paragraph (c) of this
section.
    (3) [Reserved]
    (4) A Notification of Compliance Status report described in
paragraph (d) of this section.
    (5) Periodic Reports described in paragraph (e) of this section.
    (6) Application for approval of construction or reconstruction
described in Sec. 63.5(d) of subpart A of this part.
    (7) Startup, Shutdown, and Malfunction Reports described in
Sec. 63.1111 of this subpart.
    (8) Other reports. Other reports shall be submitted as specified
elsewhere in this subpart and subparts referenced by this subpart.
    (b) Notification of initial startup--(1) Contents. An owner or
operator of an affected source for which a notice of initial startup has
not been submitted under Sec. 63.5, shall send the Administrator written
notification of the actual date of initial startup of an affected
source. This paragraph does not apply to an affected source in existence
on the effective date of this rule.
    (2) Due date. The notification of the actual date of initial startup
shall be postmarked within 15 days after such date.
    (c) Initial Notification. Owners or operators of affected sources
who are subject to this subpart shall notify the Administrator of the
applicability of this subpart by submitting an Initial Notification
according to the schedule described in paragraph (c)(1) of this section.
The notice shall include the information specified in paragraphs (c)(2)
through (7) of this section, as applicable. An application for approval
of construction or reconstruction required under Sec. 63.5(d) of subpart
A of this part may be used to fulfill the initial notification
requirements.
    (1) The initial notification shall be postmarked within 1 year after
the source becomes subject to this subpart.
    (2) Identification of the storage vessels subject to this subpart.
    (3) Identification of the process vents subject to this subpart.
    (4) Identification of the transfer racks subject to this subpart.
    (5) For equipment leaks, identification of the process units subject
to this subpart.
    (6) Identification of other equipment or emission points subject to
this subpart.
    (7) As an alternative to the requirements specified in paragraphs
(c)(1) through (3) and (c)(5) of this section, process units can be
identified instead of individual pieces of equipment. For

[[Page 593]]

this alternative, the kind of emission point in the process unit that
will comply must also be identified.
    (d) Notification of Compliance Status--(1) Contents. The owner or
operator shall submit a Notification of Compliance Status for each
affected source subject to this subpart containing the information
specified in paragraphs (d)(1)(i) and (d)(1)(ii) of this section.
    (i) The Notification of Compliance Status shall include the
information specified in this subpart and the subparts referenced by
this subpart. Alternatively, this information can be submitted as part
of a title V permit application or amendment.
    (ii) The Notification of Compliance Status shall include a statement
from the owner or operator identifying which subpart he or she has
elected to comply with, where given a choice, as provided for in
Sec. 63.1100(g).
    (2) Due date. The owner or operator shall submit the Notification of
Compliance Status for each affected source 240 days after the compliance
date specified for the affected source under this subpart, or 60 days
after completion of the initial performance test or initial compliance
assessment, whichever is earlier. Notification of Compliance Status
reports may be combined for multiple affected sources as long as the due
date requirements for all sources covered in the combined report are
met.
    (e) Periodic Reports. The owner or operator of an affected source
subject to monitoring requirements of this subpart, or to other
requirements of this subpart or subparts referenced by this subpart,
where periodic reporting is specified, shall submit a Periodic Report.
    (1) Contents. Periodic Reports shall include all information
specified in this subpart and subparts referenced by this subpart.
    (2) Due date. The Periodic Report shall be submitted no later than
60 days after the end of each 6-month period. The first report shall
cover the 6-month period after the Notification of Compliance Status
report is due. The first report shall be submitted no later than the
last day of the month that includes the date 8 months (6 months and 60
days) after the Notification of Compliance Status report is due.
    (3) Overlap with title V reports. Information required by this
subpart, which is submitted with a title V periodic report, need not
also be included in a subsequent Periodic Report required by this
subpart or subpart referenced by this subpart. The title V report shall
be referenced in the Periodic Report required by this subpart.
    (f) General report content. All reports and notifications submitted
pursuant to this subpart, including reports that combine information
required under this subpart and a subpart referenced by this subpart,
shall include the information specified in paragraphs (f)(1) through (4)
of this section.
    (1) The name, address and telephone number (fax number may also be
provided) of the owner or operator.
    (2) The name, address and telephone number of the person to whom
inquiries should be addressed, if different than the owner or operator.
    (3) The address (physical location) of the reporting facility.
    (4) Identification of each affected source covered in the submission
and identification of the subparts (this subpart and the subparts
referenced in this subpart) that are applicable to that affected source.
Summaries and groupings of this information are permitted.
    (g) Report and notification submission--(1) Submission to the
Environmental Protection Agency. All reports and notifications required
under this subpart shall be sent to the appropriate EPA Regional Office
and to the delegated State authority, except that request for permission
to use an alternative means of emission limitation as provided for in
Sec. 63.1113 shall be submitted to the Director of the EPA Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
MD-10, Research Triangle Park, North Carolina, 27711. The EPA Regional
Office may waive the requirement to submit a copy of any reports or
notifications at its discretion.
    (2) Submission of copies. If any State requires a notice that
contains all the information required in a report or notification listed
in this subpart, an

[[Page 594]]

owner or operator may send the appropriate EPA Regional Office a copy of
the report or notification sent to the State to satisfy the requirements
of this subpart for that report or notification.
    (3) Method of submission. Wherever this subpart specifies
``postmark'' dates, submittals may be sent by methods other than the
U.S. Mail (e.g., by fax or courier). Submittals shall be sent on or
before the specified date.
    (4) Submission by electronic media. If acceptable to both the
Administrator and the owner or operator of an affected source, reports
may be submitted on electronic media.
    (h) Adjustment to timing of submittals and review of required
communications--(1) Alignment with title V submission. An owner or
operator may submit Periodic Reports required by this subpart on the
same schedule as the title V periodic report for the facility. The owner
or operator using this option need not obtain prior approval, but must
ensure that no reporting gaps occur. The owner or operator shall clearly
identify the change in reporting schedule in the first report filed
under this paragraph. The requirements of paragraph (f) of this section
are not waived when implementing this change.
    (2) Establishment of a common schedule. An owner or operator may
arrange by mutual agreement (which may be a standing agreement) with the
Administrator a common schedule on which periodic reports required by
this subpart shall be submitted throughout the year as long as the
reporting period is not extended. Procedures governing the
implementation of this provision are specified in paragraphs (h)(3)
through (7) of this section.
    (3) Submission requirements. Except as allowed by paragraph (h)(1)
of this section, until an adjustment of a time period or postmark
deadline has been approved by the Administrator under paragraphs (h)(5)
and (6) of this section, the owner or operator of an affected source
remains strictly subject to the required submittal deadlines specified
in this subpart and subparts referenced by this subpart.
    (4) Request for adjustment of reporting schedule. Except as allowed
by paragraph (h)(1) of this section, an owner or operator shall request
the adjustment provided for in paragraphs (h)(5) and (6) of this section
each time he or she wishes to change an applicable time period or
postmark deadline specified in this subpart or subparts referenced by
this subpart. A request for a change to the periodic reporting schedule
need only be made once for every schedule change and not once for every
semiannual report submitted.
    (5) Alteration of time periods or deadlines. Notwithstanding time
periods or postmark deadlines specified in this subpart for the
submittal of information to the Administrator by an owner or operator,
or the review of such information by the Administrator, such time
periods or deadlines may be changed by mutual agreement between the
owner or operator and the Administrator. An owner or operator who wishes
to request a change in a time period or postmark deadline for a
particular requirement shall request the adjustment in writing as soon
as practical before the subject activity is required to take place. The
owner or operator shall include in the request whatever information he
or she considers useful to convince the Administrator that an adjustment
is warranted.
    (6) Approval of request for adjustment. If, in the Administrator's
judgment, an owner or operator's request for an adjustment to a
particular time period or postmark deadline is warranted, the
Administrator will approve the adjustment. The Administrator will notify
the owner or operator in writing of approval or disapproval of the
request for an adjustment within 15 calendar days of receiving
sufficient information to evaluate the request.
    (7) Notification of delay. If the Administrator is unable to meet a
specified deadline, he or she will notify the owner or operator of any
significant delay and inform the owner or operator of the amended
schedule.

[64 FR 34921, June 29, 1999, as amended at 64 FR 63709, Nov. 22, 1999]



Sec. 63.1111  Startup, shutdown, and malfunction.

    (a) Startup, shutdown, and malfunction plan--(1) Description and
purpose of plan. The owner or operator of an affected source shall
develop a written

[[Page 595]]

startup, shutdown, and malfunction plan that describes, in detail,
procedures for operating and maintaining the affected source during
periods of startup, shutdown, and malfunction. This plan shall also
include a program of corrective action for malfunctioning process and
air pollution control equipment used to comply with relevant standards
under this subpart. The plan shall also address routine or otherwise
predictable CPMS malfunctions. This plan shall be developed by the owner
or operator by the affected source's compliance date under this subpart.
The requirement to develop this plan shall be incorporated into the
source's title V permit. This requirement is optional for equipment that
must comply with subparts TT or UU under this subpart. It is not
optional for equipment equipped with a closed vent system and control
device subject to this subpart and subpart SS of this part. The purpose
of the startup, shutdown, and malfunction plan is described in
paragraphs (a)(1)(i) and (ii) of this section.
    (i) To ensure that owners or operators are prepared to correct
malfunctions as soon as practical after their occurrence, in order to
minimize excess emissions of regulated organic HAP; and
    (ii) To reduce the reporting burden associated with periods of
startup, shutdown, and malfunction (including corrective action taken to
restore malfunctioning process and air pollution control equipment to
its normal or usual manner of operation).
    (2) Operation of source. During periods of startup, shutdown, and
malfunction, the owner or operator of an affected source subject to this
subpart YY shall operate and maintain such affected source (including
associated air pollution control equipment and CPMS) in a manner
consistent with safety and good air pollution control practices for
minimizing emissions to the extent practical. The general duty to
minimize emissions during a period of startup, shutdown, or malfunction
does not require the owner or operator to achieve emission levels that
would be required by the applicable standard at other times if this is
not consistent with safety and good air pollution control practices, nor
does it require the owner or operator to make any further efforts to
reduce emissions if levels required by the applicable standard have been
achieved. Determination of whether such operation and maintenance
procedures are being used will be based on information available to the
Administrator which may include, but is not limited to, monitoring
results, review of operation and maintenance procedures (including the
startup, shutdown, and malfunction plan required by this section),
review of operation and maintenance records, and inspection of the
source.
    (3) Use of additional procedures. To satisfy the requirements of
this section to develop a startup, shutdown, and malfunction plan, the
owner or operator of an affected source may use the affected source's
standard operating procedures (SOP) manual, or an Occupational Safety
and Health Administration (OSHA) or other plan, provided the alternative
plans meet all the requirements of this section and are made available
for inspection when requested by the Administrator.
    (4) Revisions to the plan. Based on the results of a determination
made under Sec. 63.1108(b)(3), the Administrator may require that an
owner or operator of an affected source make changes to the startup,
shutdown, and malfunction plan for that source. The Administrator may
require reasonable revisions to a startup, shutdown, and malfunction
plan if the Administrator finds that the plan is inadequate as specified
in paragraphs (a)(4)(i) through (iv) of this section:
    (i) Does not address a startup, shutdown, and malfunction event of
the CPMS, the air pollution control equipment, or the affected source
that has occurred; or
    (ii) Fails to provide for the operation of the affected source
(including associated air pollution control equipment and CPMS) during a
startup, shutdown, and malfunction event in a manner consistent with
good air pollution control practices for minimizing emissions to the
extent practical; or
    (iii) Does not provide adequate procedures for correcting
malfunctioning process and air pollution control equipment as quickly as
practicable; or

[[Page 596]]

    (iv) Does not provide adequate measures to prevent or minimize
excess emissions to the extent practical as specified in
Sec. 63.1108(a)(5).
    (5) Additional malfunction plan requirements. If the startup,
shutdown, and malfunction plan fails to address or inadequately
addresses an event that meets the characteristics of a malfunction but
was not included in the startup, shutdown, and malfunction plan at the
time the owner or operator developed the plan, the owner or operator
shall revise the startup, shutdown, and malfunction plan within 45 days
after the event to include detailed procedures for operating and
maintaining the affected source during similar malfunction events and a
program of corrective action for similar malfunctions of process or air
pollution control equipment or CPMS.
    (b) Startup, shutdown, and malfunction reporting requirements--(1)
Periodic startup, shutdown, and malfunction reporting requirements. If
actions taken by an owner or operator during a startup, shutdown, and
malfunction of an affected source, or of a control device or monitoring
system required for compliance (including actions taken to correct a
malfunction) are consistent with the procedures specified in the
affected source's plan, then the owner or operator shall state such
information in a startup, shutdown, and malfunction report. During the
reporting period, reports shall only be required for startups,
shutdowns, and malfunctions during which excess emissions, as defined in
Sec. 63.1108(a)(5), occur during the reporting period. A startup,
shutdown, and malfunction report can be submitted as part of a Periodic
Report required under Sec. 63.1110(a)(5), or on a more frequent basis if
specified otherwise under this subpart or a subpart referenced by this
subpart or as established otherwise by the permitting authority in the
affected source's title V permit. The startup, shutdown, and malfunction
report shall be delivered or postmarked by the 30th day following the
end of each calendar half (or other calendar reporting period, as
appropriate), unless the information is submitted with the Periodic
Report. The report shall include the information specified in paragraphs
(b)(1)(i) through (b)(1)(iv) of this section.
    (i) The name, title, and signature of the owner or operator or other
responsible official certifying its accuracy.
    (ii) The number of startup, shutdown, and malfunction events and the
total duration of all periods of startup, shutdown, and malfunction for
the reporting period if the total duration amounts to either of the
durations in paragraphs (b)(1)(ii)(A) or (B) of this section. Records of
the number of CPMS startup, shutdown, and malfunction events and the
total duration of all periods of startup, shutdown, and malfunction for
the reporting period are required under Sec. 63.998(c)(1)(ii)(C) and (D)
of this section.
    (A) Total duration of periods of malfunctioning of a CPMS equal to
or greater than 5 percent of that CPMS operating time for the reporting
period; or
    (B) Total duration of periods of startup, shutdown, and malfunction
for an affected source equal to or greater than 1 percent of that
affected source's operating time for the reporting period.
    (iii) Records documenting each startup, shutdown and malfunction
event as required under Sec. 63.998(c)(1)(ii)(F).
    (iv) Records documenting the total duration of operating time as
required under Sec. 63.998(c)(1)(ii)(H).
    (2) Immediate startup, shutdown, and malfunction reports.
Notwithstanding the allowance to reduce the frequency of reporting for
startup, shutdown, and malfunction reports under paragraph (b)(1) of
this section, any time an action taken by an owner or operator during a
startup, shutdown, or malfunction (including actions taken to correct a
malfunction) during which excess emissions occur is not consistent with
the procedures specified in the affected source's plan, the owner or
operator shall report the actions taken for that event within 2 working
days after commencing actions inconsistent with the plan, followed by a
letter delivered or postmarked within 7 working days after the end of
the event. The immediate report required under this paragraph shall
contain the name, title, and signature of the owner or operator or other
responsible official who is certifying its accuracy, explaining

[[Page 597]]

the circumstances of the event, the reasons for not following the
startup, shutdown, and malfunction plan, and whether any excess
emissions and/or parameter monitoring exceedances are believed to have
occurred. Notwithstanding the requirements of the previous sentence,
after the effective date of an approved permit program in the State in
which an affected source is located, the owner or operator may make
alternative reporting arrangements, in advance, with the permitting
authority in that State. Procedures governing the arrangement of
alternative reporting requirements under this paragraph are specified in
Sec. 63.1110(h).
    (3) [Reserved]

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



Sec. 63.1112  Extension of compliance, and performance test, monitoring,
recordkeeping and reporting waivers and alternatives.

    (a) Extension of compliance--(1) Extension of compliance with
emission standards. Until an extension of compliance has been granted by
the Administrator under this paragraph, the owner or operator of an
affected source subject to the requirements of this subpart shall comply
with all applicable requirements of this subpart.
    (2) Extension of compliance for early reductions and other
reductions. (i) Early reductions. Pursuant to section 112(i)(5) of the
Act, if the owner or operator of an existing source demonstrates that
the source has achieved a reduction in emissions of hazardous air
pollutants in accordance with the provisions of subpart D of this part,
the Administrator will grant the owner or operator an extension of
compliance with specific requirements of this part, as specified in
subpart D of this part.
    (ii) Other reductions. Pursuant to section 112(i)(6) of the Act, if
the owner or operator of an existing source has installed best available
control technology (BACT) (as defined in section 169(3) of the Act) or
technology required to meet a lowest achievable emission rate (LAER) (as
defined in section 171 of the Act) prior to the promulgation of an
emission standard in this part applicable to such source and the same
pollutant (or stream of pollutants) controlled pursuant to the BACT or
LAER installation, the Administrator will grant the owner or operator an
extension of compliance with such emission standard that will apply
until the date 5 years after the date on which such installation was
achieved, as determined by the Administrator.
    (3) Request for extension of compliance. Paragraphs (a)(4) through
(7) of this section concern requests for an extension of compliance with
a relevant standard under this part (except requests for an extension of
compliance under paragraph (a)(2)(i) of this section will be handled
through procedures specified in subpart D of this part).
    (4) Requests for extensions of compliance for section 112 standards.
(i) Section 112(d) standards. (A) The owner or operator of an existing
source who is unable to comply with a relevant standard established
under this part pursuant to section 112(d) of the Act may request that
the Administrator grant an extension allowing the source up to 1
additional year to comply with the standard, if such additional period
is necessary for the installation of controls. The owner or operator of
an affected source who has requested an extension of compliance under
this paragraph and who is otherwise required to obtain a title V permit
shall apply for such permit or apply to have the source's title V permit
revised to incorporate the conditions of the extension of compliance.
The conditions of an extension of compliance granted under this
paragraph will be incorporated into the affected source's title V permit
according to the provisions of part 70 or Federal title V regulations in
this chapter (42 U.S.C. 7661), whichever are applicable.
    (B) Any request under this paragraph for an extension of compliance
with a relevant standard shall be submitted in writing to the
appropriate authority not later than 12 months before the affected
source's compliance date (as specified in Sec. 63.1102) for sources that
are not including emission points in an emissions average, or not later
than 18 months before the affected source's compliance date (as
specified in Sec. 63.1102) for sources that are including emission
points in an emissions average. Emission standards established

[[Page 598]]

under this part may specify alternative dates for the submittal of
requests for an extension of compliance if alternatives are appropriate
for the source categories affected by those standards, e.g., a
compliance date specified by the standard is less than 12 (or 18) months
after the standard's effective date.
    (ii) Section 112(f) standards. The owner or operator of an existing
source unable to comply with a relevant standard established under this
part pursuant to section 112(f) of the Act may request that the
Administrator grant an extension allowing the source up to 2 years after
the standard's effective date to comply with the standard. The
Administrator may grant such an extension if he/she finds that such
additional period is necessary for the installation of controls and that
steps will be taken during the period of the extension to assure that
the health of persons will be protected from imminent endangerment. Any
request for an extension of compliance with a relevant standard under
this paragraph shall be submitted in writing to the Administrator not
later than 15 days after the effective date of the relevant standard.
    (5) Requests for extensions of compliance for BACT or LAER. The
owner or operator of an existing source who has installed BACT or
technology required to meet LAER (as specified in paragraph (a)(2)(ii)
of this section) prior to the promulgation of a relevant emission
standard in this part may request that the Administrator grant an
extension allowing the source 5 years from the date on which such
installation was achieved, as determined by the Administrator, to comply
with the standard. Any request for an extension of compliance with a
relevant standard under this paragraph shall be submitted in writing to
the Administrator not later than 120 days after the promulgation date of
the standard. The Administrator may grant such an extension if he or she
finds that the installation of BACT or technology to meet LAER controls
the same pollutant (or stream of pollutants) that would be controlled at
that source by the relevant emission standard.
    (6) Contents of request. (i) The request for a compliance extension
under paragraph (a)(4) of this section shall include the following
information:
    (A) A description of the controls to be installed to comply with the
standard;
    (B) A compliance schedule, including the date by which each step
toward compliance will be reached. At a minimum, the list of dates shall
include:
    (1) The date by which contracts for emission control systems or
process changes for emission control will be awarded, or the date by
which orders will be issued for the purchase of component parts to
accomplish emission control or process changes;
    (2) The date by which on-site construction, installation of emission
control equipment, or a process change is to be initiated;
    (3) The date by which on-site construction, installation of emission
control equipment, or a process change is to be completed; and
    (4) The date by which final compliance is to be achieved.
    (C) A description of interim emission control steps, that will be
taken during the extension period, including milestones to assure proper
operation and maintenance of emission control and process equipment; and
    (D) Whether the owner or operator is also requesting an extension of
other applicable requirements (e.g., performance testing requirements).
    (ii) The request for a compliance extension under paragraph (a)(5)
of this section shall include all information needed to demonstrate to
the Administrator's satisfaction that the installation of BACT or
technology to meet LAER controls the same pollutant (or stream of
pollutants) that would be controlled at that source by the relevant
emission standard.
    (7) Additional advice. Advice on requesting an extension of
compliance may be obtained from the Administrator.
    (8) Approval of request for extension of compliance. Paragraphs
(a)(9) through (14) of this section concern approval of an extension of
compliance requested under paragraphs (a)(4) through (6) of this
section.
    (9) General. Based on the information provided in any request made
under paragraphs (a)(4) through (6) of this

[[Page 599]]

section, or other information, the Administrator may grant an extension
of compliance with an emission standard, as specified in paragraphs
(a)(4) and (5) of this section.
    (10) Contents of extension. The extension will be in writing and
will--
    (i) Identify each affected source covered by the extension;
    (ii) Specify the termination date of the extension;
    (iii) Specify the dates by which steps toward compliance are to be
taken, if appropriate;
    (iv) Specify other applicable requirements to which the compliance
extension applies (e.g., performance tests); and
    (v)(A) Under paragraph (a)(4) of this section, specify any
additional conditions that the Administrator deems necessary to assure
installation of the necessary controls and protection of the health of
persons during the extension period; or
    (B) Under paragraph (a)(5)of this section, specify any additional
conditions that the Administrator deems necessary to assure the proper
operation and maintenance of the installed controls during the extension
period.
    (11) Progress reports. The owner or operator of an existing source
that has been granted an extension of compliance under paragraph (a)(10)
of this section may be required to submit to the Administrator progress
reports indicating whether the steps toward compliance outlined in the
compliance schedule have been reached. The contents of the progress
reports and the dates by which they shall be submitted will be specified
in the written extension of compliance granted under paragraph (a)(9) of
this section.
    (12) Notifications to owners and operators regarding compliance
extensions for section 112(d) standards. (i) The Administrator will
notify the owner or operator in writing of approval or intention to deny
approval of a request for an extension of compliance within 30 days
after receipt of sufficient information to evaluate a request submitted
under paragraph (a)(4)(i) or (a)(5) of this section. The 30-day approval
or denial period will begin after the owner or operator has been
notified in writing that his/her application is complete. The
Administrator will notify the owner or operator in writing of the status
of his/her application, that is, whether the application contains
sufficient information to make a determination, within 30 days after
receipt of the original application and within 30 days after receipt of
any supplementary information that is submitted.
    (ii) When notifying the owner or operator that his/her application
is not complete, the Administrator will specify the information needed
to complete the application and provide notice of opportunity for the
applicant to present, in writing, within 30 days after he/she is
notified of the incomplete application, additional information or
arguments to the Administrator to enable further action on the
application.
    (iii) Before denying any request for an extension of compliance, the
Administrator will notify the owner or operator in writing of the
Administrator's intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in
writing, within 15 days after he/she is notified of the intended denial,
additional information or arguments to the Administrator before further
action on the request.
    (iv) The Administrator's final determination to deny any request for
an extension will be in writing and will set forth the specific grounds
on which the denial is based. The final determination will be made
within 30 days after presentation of additional information or argument
(if the application is complete), or within 30 days after the final date
specified for the presentation if no presentation is made.
    (13) Notifications to owners and operators regarding compliance
extensions for section 112(f) standards. (i) The Administrator will
notify the owner or operator in writing of approval or intention to deny
approval of a request for an extension of compliance within 30 days
after receipt of sufficient information to evaluate a request submitted
under paragraph (a)(4)(ii) of this section. The 30-day approval or
denial period will begin after the owner or operator has

[[Page 600]]

been notified in writing that his/her application is complete. The
Administrator will notify the owner or operator in writing of the status
of his/her application, that is, whether the application contains
sufficient information to make a determination, within 15 days after
receipt of the original application and within 15 days after receipt of
any supplementary information that is submitted.
    (ii) When notifying the owner or operator that his/her application
is not complete, the Administrator will specify the information needed
to complete the application and provide notice of opportunity for the
applicant to present, in writing, within 15 days after he/she is
notified of the incomplete application, additional information or
arguments to the Administrator to enable further action on the
application.
    (iii) Before denying any request for an extension of compliance, the
Administrator will notify the owner or operator in writing of the
Administrator's intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in
writing, within 15 days after he/she is notified of the intended denial,
additional information or arguments to the Administrator before further
action on the request.
    (iv) A final determination to deny any request for an extension will
be in writing and will set forth the specific grounds on which the
denial is based. The final determination will be made within 30 days
after presentation of additional information or argument (if the
application is complete), or within 30 days after the final date
specified for the presentation if no presentation is made.
    (14) Termination of extension. The Administrator may terminate an
extension of compliance at an earlier date than specified if any
specification under paragraphs (a)(10)(iii) or (iv) of this section is
not met.
    (15) [Reserved]
    (16) Administrator's authority. The granting of an extension under
this section shall not abrogate the Administrator's authority under
section 114 of the Act.
    (b) Waiver of performance tests--(1) Applicability of this section.
Until a waiver of a performance testing requirement has been granted by
the Administrator under this paragraph, the owner or operator of an
affected source remains subject to the requirements of this section.
    (2) General. Individual performance tests may be waived upon written
application to the Administrator if, in the Administrator's judgment,
the source is meeting the relevant standard(s) on a continuous basis, or
the source is being operated under an extension of compliance, or the
owner or operator has requested an extension of compliance and the
Administrator is still considering that request.
    (3) Request to waive a performance test. (i) If a request is made
for an extension of compliance under paragraph (a) of this section, the
application for a waiver of an initial performance test shall accompany
the information required for the request for an extension of compliance.
If no extension of compliance is requested or if the owner or operator
has requested an extension of compliance and the Administrator is still
considering that request, the application for a waiver of an initial
performance test shall be submitted at least 60 days before the
performance test if a site-specific test plan is not submitted.
    (ii) If an application for a waiver of a subsequent performance test
is made, the application may accompany any required compliance progress
report, compliance status report, or excess emissions and continuous
monitoring system performance report, but it shall be submitted at least
60 days before the performance test if a site-specific test plan is not
submitted.
    (iii) Any application for a waiver of a performance test shall
include information justifying the owner or operator's request for a
waiver, such as the technical or economic infeasibility, or the
impracticality, of the affected source performing the required test.
    (4) Approval of request to waive performance test. The Administrator
will approve or deny a request for a waiver

[[Page 601]]

of a performance test made under paragraph (b)(3) of this section when
he/she--
    (i) Approves or denies an extension of compliance under paragraph
(a) of this section; or
    (ii) Approves or disapproves a site-specific test plan; or
    (iii) Makes a determination of compliance following the submission
of a required compliance status report or excess emissions and
continuous monitoring systems performance report; or
    (iv) Makes a determination of suitable progress towards compliance
following the submission of a compliance progress report, whichever is
applicable.
    (5) Administrator's authority. Approval of any waiver granted under
this section shall not abrogate the Administrator's authority under the
Act or in any way prohibit the Administrator from later canceling the
waiver. The cancellation will be made only after notice is given to the
owner or operator of the affected source.
    (c) Use of an alternative monitoring method--(1) General. Until
permission to use an alternative monitoring method has been granted by
the Administrator under this paragraph, the owner or operator of an
affected source remains subject to the requirements of this section and
the relevant standard.
    (2) Alternatives to monitoring methods. After receipt and
consideration of written application, the Administrator may approve
alternatives to any monitoring methods or procedures of this part
including, but not limited to, the following:
    (i) Alternative monitoring requirements when installation of a CMS
specified by a relevant standard would not provide accurate measurements
due to liquid water or other interferences caused by substances within
the effluent gases;
    (ii) Alternative monitoring requirements when the affected source is
infrequently operated;
    (iii) Alternative monitoring requirements to accommodate CEMS that
require additional measurements to correct for stack moisture
conditions;
    (iv) Alternative locations for installing CMS when the owner or
operator can demonstrate that installation at alternate locations will
enable accurate and representative measurements;
    (v) Alternate methods for converting pollutant concentration
measurements to units of the relevant standard;
    (vi) Alternate procedures for performing daily checks of zero (low-
level) and high-level drift that do not involve use of high-level gases
or test cells;
    (vii) Alternatives to the American Society for Testing and Materials
(ASTM) test methods or sampling procedures specified by any relevant
standard;
    (viii) Alternative CMS that do not meet the design or performance
requirements in this part, but adequately demonstrate a definite and
consistent relationship between their measurements and the measurements
of opacity by a system complying with the requirements as specified in
the relevant standard. The Administrator may require that such
demonstration be performed for each affected source; or
    (ix) Alternative monitoring requirements when the effluent from a
single affected source or the combined effluent from two or more
affected sources is released to the atmosphere through more than one
point.
    (3) Conflicts between alternative and required methods. If the
Administrator finds reasonable grounds to dispute the results obtained
by an alternative monitoring method, requirement, or procedure, the
Administrator may require the use of a method, requirement, or procedure
specified in this section or in the relevant standard. If the results of
the specified and alternative method, requirement, or procedure do not
agree, the results obtained by the specified method, requirement, or
procedure shall prevail.
    (4)(i) Request to use alternative monitoring method. An owner or
operator who wishes to use an alternative monitoring method shall submit
an application to the Administrator as described in paragraph (c)(4)(ii)
of this section. The application may be submitted at any time provided
that the monitoring method is not used to demonstrate compliance with a
relevant standard or other requirement. If the alternative monitoring
method is to be used to demonstrate compliance with a relevant standard,
the application shall

[[Page 602]]

be submitted not later than with the site-specific test plan required,
or with the site-specific performance evaluation plan (if requested), or
at least 60 days before the performance evaluation is scheduled to
begin.
    (ii) The application shall contain a description of the proposed
alternative monitoring system and a performance evaluation test plan, if
required. In addition, the application shall include information
justifying the owner or operator's request for an alternative monitoring
method, such as the technical or economic infeasibility, or the
impracticality, of the affected source using the required method.
    (iii) The owner or operator may submit the information required in
this paragraph well in advance of the submittal dates specified in
paragraph (c)(4)(i) of this section to ensure a timely review by the
Administrator in order to meet the compliance demonstration date
specified in this section or the relevant standard.
    (5) Approval of request to use alternative monitoring method. (i)
The Administrator will notify the owner or operator of approval or
intention to deny approval of the request to use an alternative
monitoring method within 30 days after receipt of the original request
and within 30 days after receipt of any supplementary information that
is submitted. Before disapproving any request to use an alternative
monitoring method, the Administrator will notify the applicant of the
Administrator's intention to disapprove the request together with--
    (A) Notice of the information and findings on which the intended
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present
additional information to the Administrator before final action on the
request. At the time the Administrator notifies the applicant of his or
her intention to disapprove the request, the Administrator will specify
how much time the owner or operator will have after being notified of
the intended disapproval to submit the additional information.
    (ii) The Administrator may establish general procedures and criteria
in a relevant standard to accomplish the requirements of paragraph
(c)(5)(i) of this section.
    (iii) If the Administrator approves the use of an alternative
monitoring method for an affected source under paragraph (c)(5)(i) of
this section, the owner or operator of such source shall continue to use
the alternative monitoring method until he or she receives approval from
the Administrator to use another monitoring method as allowed by this
subpart or a subpart referenced by this subpart.
    (6) Alternative to the relative accuracy test. An alternative to the
relative accuracy test for CEMS specified in a relevant standard may be
requested as follows:
    (i) Criteria for approval of alternative procedures. An alternative
to the test method for determining relative accuracy is available for
affected sources with emission rates demonstrated to be less than 50
percent of the relevant standard. The owner or operator of an affected
source may petition the Administrator under paragraph (c)(6)(ii) of this
section to substitute the relative accuracy test in section 7 of
Performance Specification 2 with the procedures in section 10 if the
results of a performance test conducted according to the requirements
specified in this subpart or subpart referenced by this subpart
demonstrate that the emission rate of the pollutant of interest in the
units of the relevant standard is less than 50 percent of the relevant
standard. For affected sources subject to emission limitations expressed
as control efficiency levels, the owner or operator may petition the
Administrator to substitute the relative accuracy test with the
procedures in section 10 of Performance Specification 2 if the control
device exhaust emission rate is less than 50 percent of the level needed
to meet the control efficiency requirement. The alternative procedures
do not apply if the CEMS is used continuously to determine compliance
with the relevant standard.
    (ii) Petition to use alternative to relative accuracy test. The
petition to use an alternative to the relative accuracy test shall
include a detailed description

[[Page 603]]

of the procedures to be applied, the location and the procedure for
conducting the alternative, the concentration or response levels of the
alternative relative accuracy materials, and the other equipment checks
included in the alternative procedure(s). The Administrator will review
the petition for completeness and applicability. The Administrator's
determination to approve an alternative will depend on the intended use
of the CEMS data and may require specifications more stringent than in
Performance Specification 2.
    (iii) Rescission of approval to use alternative to relative accuracy
test. The Administrator will review the permission to use an alternative
to the CEMS relative accuracy test and may rescind such permission if
the CEMS data from a successful completion of the alternative relative
accuracy procedure indicate that the affected source's emissions are
approaching the level of the relevant standard. The criterion for
reviewing the permission is that the collection of CEMS data shows that
emissions have exceeded 70 percent of the relevant standard for any
averaging period, as specified in the relevant standard. For affected
sources subject to emission limitations expressed as control efficiency
levels, the criterion for reviewing the permission is that the
collection of CEMS data shows that exhaust emissions have exceeded 70
percent of the level needed to meet the control efficiency requirement
for any averaging period, as specified in the relevant standard. The
owner or operator of the affected source shall maintain records and
determine the level of emissions relative to the criterion for
permission to use an alternative for relative accuracy testing. If this
criterion is exceeded, the owner or operator shall notify the
Administrator within 10 days of such occurrence and include a
description of the nature and cause of the increased emissions. The
Administrator will review the notification and may rescind permission to
use an alternative and require the owner or operator to conduct a
relative accuracy test of the CEMS as specified in section 7 of
Performance Specification 2.
    (d) Waiver of recordkeeping or reporting requirements. (1) Until a
waiver of a recordkeeping or reporting requirement has been granted by
the Administrator under this paragraph, the owner or operator of an
affected source remains subject to the recordkeeping and reporting
requirements of this subpart and any subparts referenced by this
subpart.
    (2) Recordkeeping or reporting requirements may be waived upon
written application to the Administrator if, in the Administrator's
judgment, the affected source is achieving the relevant standard(s), or
the source is operating under an extension of compliance, or the owner
or operator has requested an extension of compliance and the
Administrator is still considering that request.
    (3) If an application for a waiver of recordkeeping or reporting is
made, the application shall accompany the request for an extension of
compliance under paragraph (a) of this section, any required compliance
progress report or compliance status report required under this part or
in the source's title V permit, or an excess emissions and continuous
monitoring system performance report required under Sec. 63.999(c) or
another subpart referenced by this subpart, whichever is applicable. The
application shall include whatever information the owner or operator
considers useful to convince the Administrator that a waiver of
recordkeeping or reporting is warranted.
    (4) The Administrator will approve or deny a request for a waiver of
recordkeeping or reporting requirements under this paragraph when he/
she--
    (i) Approves or denies an extension of compliance under paragraph
(a) of this section; or
    (ii) Makes a determination of compliance following the submission of
a required Notification of Compliance Status report or excess emissions
and continuous monitoring systems performance report; or
    (iii) Makes a determination of suitable progress towards compliance
following the submission of a compliance progress report, whichever is
applicable.
    (5) A waiver of any recordkeeping or reporting requirement granted
under this paragraph may be conditioned on

[[Page 604]]

other recordkeeping or reporting requirements deemed necessary by the
Administrator.
    (6) Approval of any waiver granted under this section shall not
abrogate the Administrator's authority under the Act or in any way
prohibit the Administrator from later canceling the waiver. The
cancellation will be made only after notice is given to the owner or
operator of the affected source.



Sec. 63.1113  Procedures for approval of alternative means of emission
limitation.

    (a) Alternative means of emission limitation. An owner or operator
of an affected source may request a determination of alternative means
of emission limitation to the requirements of design, equipment, work
practice, or operational standards of this subpart or of a subpart
referenced by this subpart. If, in the judgment of the Administrator, an
alternative means of emission limitation will achieve a reduction in HAP
emissions at least equivalent to the reduction in emissions from that
source achieved under any design, equipment, work practice, or
operational standards (but not performance standards) in this subpart,
the Administrator will publish in the Federal Register a notice
permitting the use of the alternative means for purposes of compliance
with that requirement.
    (1) The notice may condition the permission on requirements related
to the operation and maintenance of the alternative means.
    (2) Any such notice shall be published only after public notice and
an opportunity for a hearing.
    (b) Content of submittal. (1) In order to obtain approval, any
person seeking permission to use an alternative means of compliance
under this section shall collect, verify, and submit to the
Administrator information showing that the alternative means achieves
equivalent emission reductions. An owner or operator of an affected
source seeking permission to use an alternative means of compliance who
has not previously performed testing shall also submit a proposed test
plan. If the owner or operator seeks permission to use an alternative
means of compliance based on previously performed testing, they shall
submit the results of testing, a description of the procedures followed
in testing or monitoring, and a description of pertinent conditions
during testing or monitoring.
    (2) The owner or operator who requests an alternative means of
emissions limitation shall submit a description of the proposed testing,
monitoring, recordkeeping, and reporting that will be used and the
proposed basis for demonstrating compliance.
    (3) For storage vessels, the owner or operator shall include the
results of actual emissions tests using full-size or scale-model storage
vessels that accurately collect and measure all regulated HAP emissions
using a given control technique, and that accurately simulate wind and
account for other emission variables such as temperature and barometric
pressure, or an engineering analysis that the Administrator determines
to be an accurate method of determining equivalence.
    (4) For proposed alternatives to equipment leak requirements
referenced by this subpart, the owner or operator shall also submit the
information specified in and meet the requirements for alternate means
of emission limitation specified in the referenced subparts.



Sec. 63.1114  Implementation and enforcement.

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

[[Page 605]]

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

[67 FR 46289, July 12, 2002]

Subparts ZZ-BBB [Reserved]



Subpart CCC_National Emission Standards for Hazardous Air Pollutants for
Steel Pickling_HCl Process Facilities and Hydrochloric Acid Regeneration
                                 Plants

    Source: 64 FR 33218, June 22, 1999, unless otherwise noted.



Sec. 63.1155  Applicability.

    (a) The provisions of this subpart apply to the following facilities
and plants that are major sources for hazardous air pollutants (HAP) or
are parts of facilities that are major sources for HAP:
    (1) All new and existing steel pickling facilities that pickle
carbon steel using hydrochloric acid solution that contains 6 percent or
more by weight HCl and is at a temperature of 100  deg.F or higher; and
    (2) All new and existing hydrochloric acid regeneration plants.
    (3) The provisions of this subpart do not apply to facilities that
pickle carbon steel without using hydrochloric acid, to facilities that
pickle only specialty steel, or to acid regeneration plants that
regenerate only acids other than hydrochloric acid.
    (b) For the purposes of implementing this subpart, the affected
sources at a facility or plant subject to this subpart are as follows:
Continuous and batch pickling lines, hydrochloric acid regeneration
plants, and hydrochloric acid storage vessels.
    (c) Table 1 to this subpart specifies the provisions of this part
63, subpart A that apply and those that do not apply to owners and
operators of steel pickling facilities and hydrochloric acid
regeneration plants subject to this subpart.
    (d) In response to an action to enforce the standards set forth in
this subpart, the owner or operator may assert an affirmative defense to
a claim for civil penalties for violations 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.
    (1) 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 (d)(2) of this section, and must prove by a
preponderance of evidence that:
    (i) 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
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
    (ii) 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
    (iii) The frequency, amount, and duration of the violation
(including any bypass) were minimized to the maximum extent practicable;
and

[[Page 606]]

    (iv) 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
    (v) All possible steps were taken to minimize the impact of the
violation on ambient air quality, the environment, and human health; and
    (vi) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices; and
    (vii) All of the actions in response to the violation were
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the affected source was operated in a manner
consistent with good practices for minimizing emissions; and
    (ix) 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 the best monitoring
methods and engineering judgment, the amount of excess emissions that
were the result of the malfunction.
    (2) Report. The owner of 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 (d)(1) 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.

[64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012]



Sec. 63.1156  Definitions.

    Terms used in this subpart are defined in the Clean Air Act, in
subpart A of this part, or in this section as follows:
    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.
    Batch pickling line means the collection of equipment and tanks
configured for pickling metal in any form but usually in discrete shapes
where the material is lowered in batches into a bath of acid solution,
allowed to remain until the scale is dissolved, then removed from the
solution, drained, and rinsed by spraying or immersion in one or more
rinse tanks to remove residual acid.
    Carbon steel means steel that contains approximately 2 percent or
less carbon, 1.65 percent or less manganese, 0.6 percent or less
silicon, and 0.6 percent or less copper.
    Closed-vent system means a system that is not open to the atmosphere
and that is composed of piping, ductwork, connections, and, if
necessary, flow-inducing devices that transport emissions from a process
unit or piece of equipment (e.g., pumps, pressure relief devices,
sampling connections, open-ended valves or lines, connectors, and
instrumentation systems) back into a closed system or into any device
that is capable of reducing or collecting emissions.
    Continuous pickling line means the collection of equipment and tanks
configured for pickling metal strip, rod, wire, tube, or pipe that is
passed through an acid solution in a continuous or nearly continuous
manner and rinsed in another tank or series of tanks to remove residual
acid. This definition includes continuous spray towers.
    Hydrochloric acid regeneration plant means the collection of
equipment and processes configured to reconstitute fresh hydrochloric
acid pickling solution from spent pickle liquor using a thermal
treatment process.

[[Page 607]]

    Hydrochloric acid regeneration plant production mode means operation
under conditions that result in production of usable regenerated acid or
iron oxide.
    Hydrochloric acid storage vessel means a stationary vessel used for
the bulk containment of virgin or regenerated hydrochloric acid.
    Responsible maintenance official means a person designated by the
owner or operator as having the knowledge and the authority to sign
records and reports required under this rule.
    Specialty steel means a category of steel that includes silicon
electrical, alloy, tool, and stainless steels.
    Spray tower means an enclosed vertical tower in which acid pickling
solution is sprayed onto moving steel strip in multiple vertical passes.
    Steel pickling means the chemical removal of iron oxide mill scale
that is formed on steel surfaces during hot rolling or hot forming of
semi-finished steel products through contact with an aqueous solution of
acid where such contact occurs prior to shaping or coating of the
finished steel product. This definition does not include removal of
light rust or scale from finished steel products or activation of the
metal surface prior to plating or coating.
    Steel pickling facility means any facility that operates one or more
batch or continuous steel pickling lines.

[64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012]



Sec. 63.1157  Emission standards for existing sources.

    (a) Pickling lines. No owner or operator of an existing affected
continuous or batch pickling line at a steel pickling facility shall
cause or allow to be discharged into the atmosphere from the affected
pickling line:
    (1) Any gases that contain HCl in a concentration in excess of 18
parts per million by volume (ppmv); or
    (2) HCl at a mass emission rate that corresponds to a collection
efficiency of less than 97 percent.
    (b) Hydrochloric acid regeneration plants. (1) No owner or operator
of an existing affected plant shall cause or allow to be discharged into
the atmosphere from the affected plant any gases that contain HCl in a
concentration greater than 25 ppmv.
    (2) In addition to the requirement of paragraph (b)(1) of this
section, no owner or operator of an existing plant shall cause or allow
to be discharged into the atmosphere from the affected plant any gases
that contain chlorine (Cl2) in a concentration in excess of 6
ppmv.

[64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012]



Sec. 63.1158  Emission standards for new or reconstructed sources.

    (a) Pickling lines--(1) Continuous pickling lines. No owner or
operator of a new or reconstructed affected continuous pickling line at
a steel pickling facility shall cause or allow to be discharged into the
atmosphere from the affected pickling line:
    (i) Any gases that contain HCl in a concentration in excess of 6
ppmv; or
    (ii) HCl at a mass emission rate that corresponds to a collection
efficiency of less than 99 percent.
    (2) Batch pickling lines. No owner or operator of a new or
reconstructed affected batch pickling line at a steel pickling facility
shall cause or allow to be discharged into the atmosphere from the
affected pickling line:
    (i) Any gases that contain HCl in a concentration in excess of 18
ppmv; or
    (ii) HCl at a mass emission rate that corresponds to a collection
efficiency of less than 97 percent.
    (b) Hydrochloric acid regeneration plants. (1) No owner or operator
of a new or reconstructed affected plant shall cause or allow to be
discharged into the atmosphere from the affected plant any gases that
contain HCl in a concentration greater than 12 ppmv.
    (2) In addition to the requirement of paragraph (b)(1) of this
section, no owner or operator of a new or reconstructed affected plant
shall cause or allow to be discharged into the atmosphere from the
affected plant any gases that contain Cl2 in a concentration
in excess of 6 ppmv.

[[Page 608]]



Sec. 63.1159  Operational and equipment standards for existing, new, or
reconstructed sources.

    (a) Hydrochloric acid regeneration plant. The owner or operator of
an affected plant must operate the affected plant at all times while in
production mode in a manner that minimizes the proportion of excess air
fed to the process and maximizes the process offgas temperature
consistent with producing usable regenerated acid or iron oxide.
    (b) Hydrochloric acid storage vessels. The owner or operator of an
affected vessel shall provide and operate, except during loading and
unloading of acid, a closed-vent system for each vessel. Loading and
unloading shall be conducted either through enclosed lines or each point
where the acid is exposed to the atmosphere shall be equipped with a
local fume capture system, ventilated through an air pollution control
device.
    (c) General duty to minimize emissions. 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.

[64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012]



Sec. 63.1160  Compliance dates and maintenance requirements.

    (a) Compliance dates. (1) The owner or operator of an affected
existing steel pickling facility and/or hydrochloric acid regeneration
plant subject to this subpart shall achieve initial compliance with the
requirements of this subpart no later than June 22, 2001.
    (2) The owner or operator of a new or reconstructed steel pickling
facility and/or hydrochloric acid regeneration plant subject to this
subpart that commences construction or reconstruction after September
18, 1997, shall achieve compliance with the requirements of this subpart
immediately upon startup of operations or by June 22, 1999, whichever is
later.
    (b) Maintenance requirements. (1) The owner or operator shall
prepare an operation and maintenance plan for each emission control
device to be implemented no later than the compliance date. The plan
shall be incorporated by reference into the source's title V permit. All
such plans must be consistent with good maintenance practices, and, for
a scrubber emission control device, must at a minimum:
    (i) Require monitoring and recording the pressure drop across the
scrubber once per shift while the scrubber is operating in order to
identify changes that may indicate a need for maintenance;
    (ii) Require the manufacturer's recommended maintenance at the
recommended intervals on fresh solvent pumps, recirculating pumps,
discharge pumps, and other liquid pumps, in addition to exhaust system
and scrubber fans and motors associated with those pumps and fans;
    (iii) Require cleaning of the scrubber internals and mist
eliminators at intervals sufficient to prevent buildup of solids or
other fouling;
    (iv) Require an inspection of each scrubber at intervals of no less
than 3 months with:
    (A) Cleaning or replacement of any plugged spray nozzles or other
liquid delivery devices;
    (B) Repair or replacement of missing, misaligned, or damaged
baffles, trays, or other internal components;
    (C) Repair or replacement of droplet eliminator elements as needed;
    (D) Repair or replacement of heat exchanger elements used to control
the temperature of fluids entering or leaving the scrubber; and
    (E) Adjustment of damper settings for consistency with the required
air flow.

[[Page 609]]

    (v) If the scrubber is not equipped with a viewport or access hatch
allowing visual inspection, alternate means of inspection approved by
the Administrator may be used.
    (vi) The owner or operator shall initiate procedures for corrective
action within 1 working day of detection of an operating problem and
complete all corrective actions as soon as practicable. Procedures to be
initiated are the applicable actions that are specified in the
maintenance plan. Failure to initiate or provide appropriate repair,
replacement, or other corrective action is a violation of the
maintenance requirement of this subpart.
    (vii) The owner or operator shall maintain a record of each
inspection, including each item identified in paragraph (b)(2)(iv) of
this section, that is signed by the responsible maintenance official and
that shows the date of each inspection, the problem identified, a
description of the repair, replacement, or other corrective action
taken, and the date of the repair, replacement, or other corrective
action taken.
    (2) The owner or operator of each hydrochloric acid regeneration
plant shall develop and implement a written maintenance program. The
program shall require:
    (i) Performance of the manufacturer's recommended maintenance at the
recommended intervals on all required systems and components;
    (ii) Initiation of procedures for appropriate and timely repair,
replacement, or other corrective action within 1 working day of
detection; and
    (iii) Maintenance of a daily record, signed by a responsible
maintenance official, showing the date of each inspection for each
requirement, the problems found, a description of the repair,
replacement, or other action taken, and the date of repair or
replacement.

[64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012]



Sec. 63.1161  Performance testing and test methods.

    (a) Demonstration of compliance. The owner or operator shall conduct
an initial performance test for each process or emission control device
to determine and demonstrate compliance with the applicable emission
limitation according to the requirements in Sec. 63.7 of subpart A of
this part and in this section. 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.
    (b) Establishment of scrubber operating parameters. During the
performance test for each emission control device, the owner or operator
using a wet scrubber to achieve compliance shall establish site-specific
operating parameter values for the minimum scrubber makeup water flow
rate and, for scrubbers that operate with recirculation, the minimum
recirculation water flow rate. During the emission test, each operating
parameter must be monitored continuously and recorded with sufficient
frequency to establish a representative average value for that
parameter, but no less frequently than once every 15 minutes. The owner
or operator shall determine the operating parameter monitoring values as
the averages of the values recorded during any of the runs for which
results are used to establish the emission concentration or collection
efficiency per paragraph (a)(2) of this section. An owner or operator
may conduct multiple performance tests to establish alternative
compliant operating parameter values. Also, an owner or operator may
reestablish compliant operating parameter values as part of any
performance test that is conducted subsequent to the initial test or
tests.
    (c) Establishment of hydrochloric acid regeneration plant operating
parameters. (1) During the performance test for hydrochloric acid
regeneration plants, the owner or operator shall establish site-specific
operating parameter values for the minimum process offgas temperature
and the maximum proportion of excess air fed to the process as described
in Sec. 63.1162(b)(1) of this subpart. During the emission test, each
operating parameter must be monitored and recorded with sufficient
frequency to establish a representative

[[Page 610]]

average value for that parameter, but no less frequently than once every
15 minutes for parameters that are monitored continuously. Amount of
iron in the spent pickle liquor shall be determined for each run by
sampling the liquor every 15 minutes and analyzing a composite of the
samples. The owner or operator shall determine the compliant monitoring
values as the averages of the values recorded during any of the runs for
which results are used to establish the emission concentration per
paragraph (a)(2) of this section. An owner or operator may conduct
multiple performance tests to establish alternative compliant operating
parameter values. Also, an owner or operator may reestablish compliant
operating parameter values as part of any performance test that is
conducted subsequent to the initial test or tests.
    (2) [Reserved]
    (d) Test methods. (1) The following test methods in appendix A of 40
CFR part 60 shall be used to determine compliance under
Secs. 63.1157(a), 63.1157(b), 63.1158(a), and 63.1158(b) of this
subpart:
    (i) Method 1, to determine the number and location of sampling
points, with the exception that no traverse point shall be within one
inch of the stack or duct wall;
    (ii) Method 2, to determine gas velocity and volumetric flow rate;
    (iii) Method 3, to determine the molecular weight of the stack gas;
    (iv) Method 4, to determine the moisture content of the stack gas;
and
    (v) Method 26A, ``Determination of Hydrogen Halide and Halogen
Emissions from Stationary Sources--Isokinetic Method,'' to determine the
HCl mass flows at the inlet and outlet of a control device or the
concentration of HCl discharged to the atmosphere, and also to determine
the concentration of Cl2 discharged to the atmosphere from
acid regeneration plants. If compliance with a collection efficiency
standard is being demonstrated, inlet and outlet measurements shall be
performed simultaneously. The minimum sampling time for each run shall
be 60 minutes and the minimum sample volume 0.85 dry standard cubic
meters (30 dry standard cubic feet). The concentrations of HCl and
Cl2 shall be calculated for each run as follows:

CHCl(ppmv) = 0.659 CHCl(mg/dscm),
and CC12(ppmv) = 0.339 CC12(mg/dscm),

where C(ppmv) is concentration in ppmv and C(mg/dscm) is concentration
          in milligrams per dry standard cubic meter as calculated by
          the procedure given in Method 26A.

    (2) The owner or operator may use equivalent alternative measurement
methods approved by the Administrator.

[64 FR 33218, June 22, 1999, as amended at 77 FR 58251, Sept. 19, 2012]



Sec. 63.1162  Monitoring requirements.

    (a) The owner or operator of a new, reconstructed, or existing steel
pickling facility or acid regeneration plant subject to this subpart
shall:
    (1) Conduct performance tests to measure the HCl mass flows at the
control device inlet and outlet or the concentration of HCl exiting the
control device according to the procedures described in Sec. 63.1161 of
this subpart. Performance tests shall be conducted either annually or
according to an alternative schedule that is approved by the applicable
permitting authority, but no less frequently than every 2\1/2\ years or
twice per title V permit term. If any performance test shows that the
HCl emission limitation is being exceeded, then the owner or operator is
in violation of the emission limit.
    (2) In addition to conducting performance tests, if a wet scrubber
is used as the emission control device, install, operate, and maintain
systems for the measurement and recording of the scrubber makeup water
flow rate and, if required, recirculation water flow rate. These flow
rates must be monitored continuously and recorded at least once per
shift while the scrubber is operating. Operation of the wet scrubber
with excursions of scrubber makeup water flow rate and recirculation
water flow rate less than the minimum values established during the
performance test or tests will require initiation of corrective action
as specified by the maintenance requirements in Sec. 63.1160(b)(2) of
this subpart.

[[Page 611]]

    (3) If an emission control device other than a wet scrubber is used,
install, operate, and maintain systems for the measurement and recording
of the appropriate operating parameters.
    (4) Failure to record each of the operating parameters listed in
paragraph (a)(2) of this section is a violation of the monitoring
requirements of this subpart.
    (5) Each monitoring device shall be certified by the manufacturer to
be accurate to within 5 percent and shall be calibrated in accordance
with the manufacturer's instructions but not less frequently than once
per year.
    (6) The owner or operator may develop and implement alternative
monitoring requirements subject to approval by the Administrator.
    (b) The owner or operator of a new, reconstructed, or existing acid
regeneration plant subject to this subpart shall also install, operate,
and maintain systems for the measurement and recording of the:
    (1) Process offgas temperature, which shall be monitored
continuously and recorded at least once every shift while the facility
is operating in production mode; and
    (2) Parameters from which proportion of excess air is determined.
Proportion of excess air shall be determined by a combination of total
air flow rate, fuel flow rate, spent pickle liquor addition rate, and
amount of iron in the spent pickle liquor, or by any other combination
of parameters approved by the Administrator in accordance with
Sec. 63.8(f) of subpart A of this part. Proportion of excess air shall
be determined and recorded at least once every shift while the plant is
operating in production mode.
    (3) Each monitoring device must be certified by the manufacturer to
be accurate to within 5 percent and must be calibrated in accordance
with the manufacturer's instructions but not less frequently than once
per year.
    (4) Operation of the plant with the process offgas temperature lower
than the value established during performance testing or with the
proportion of excess air greater than the value established during
performance testing is a violation of the operational standard specified
in Sec. 63.1159(a) of this subpart.
    (c) The owner or operator of an affected hydrochloric acid storage
vessel shall inspect each vessel semiannually to determine that the
closed-vent system and either the air pollution control device or the
enclosed loading and unloading line, whichever is applicable, are
installed and operating when required.



Sec. 63.1163  Notification requirements.

    (a) Initial notifications. As required by Sec. 63.9(b) of subpart A
of this part, the owner or operator shall submit the following written
notifications to the Administrator:
    (1) The owner or operator of an area source that subsequently
becomes subject to the requirements of the standard shall provide
notification to the applicable permitting authority as required by
Sec. 63.9(b)(1) of subpart A of this part.
    (2) As required by Sec. 63.9(b)(2) of subpart A of this part, the
owner or operator of an affected source that has an initial startup
before June 22, 1999, shall notify the Administrator that the source is
subject to the requirements of the standard. The notification shall be
submitted not later than October 20, 1999 (or within 120 calendar days
after the source becomes subject to this standard), and shall contain
the information specified in Secs. 63.9(b)(2)(i) through 63.9(b)(2)(v)
of subpart A of this part.
    (3) As required by Sec. 63.9(b)(3) of subpart A of this part, the
owner or operator of a new or reconstructed affected source, or a source
that has been reconstructed such that it is an affected source, that has
an initial startup after the effective date and for which an application
for approval of construction or reconstruction is not required under
Sec. 63.5(d) of subpart A of this part, shall notify the Administrator
in writing that the source is subject to the standards no later than 120
days after initial startup. The notification shall contain the
information specified in Secs. 63.9(b)(2)(i) through 63.9(b)(2)(v) of
subpart A of this part, delivered or postmarked with the notification
required in Sec. 63.9(b)(5) of subpart A of this part.

[[Page 612]]

    (4) As required by Sec. 63.9(b)(4) of subpart A of this part, the
owner or operator of a new or reconstructed major affected source that
has an initial startup after June 22, 1999, and for which an application
for approval of construction or reconstruction is required under
Sec. 63.5(d) of subpart A of this part shall provide the information
specified in Secs. 63.9(b)(4)(i) through 63.9(b)(4)(v) of subpart A of
this part.
    (5) As required by Sec. 63.9(b)(5) of subpart A of this part, the
owner or operator who, after June 22, 1999, intends to construct a new
affected source or reconstruct an affected source subject to this
standard, or reconstruct a source such that it becomes an affected
source subject to this standard, shall notify the Administrator, in
writing, of the intended construction or reconstruction.
    (b) Request for extension of compliance. As required by Sec. 63.9(c)
of subpart A of this part, if the owner or operator of an affected
source cannot comply with this standard by the applicable compliance
date for that source, or if the owner or operator has installed BACT or
technology to meet LAER consistent with Sec. 63.6(i)(5) of subpart A of
this part, he/she may submit to the Administrator (or the State with an
approved permit program) a request for an extension of compliance as
specified in Secs. 63.6(i)(4) through 63.6(i)(6) of subpart A of this
part.
    (c) Notification that source is subject to special compliance
requirements. As required by Sec. 63.9(d) of subpart A of this part, an
owner or operator of a new source that is subject to special compliance
requirements as specified in Secs. 63.6(b)(3) and 63.6(b)(4) of subpart
A of this part shall notify the Administrator of his/her compliance
obligations not later than the notification dates established in
Sec. 63.9(b) of subpart A of this part for new sources that are not
subject to the special provisions.
    (d) Notification of performance test. As required by Sec. 63.9(e) of
subpart A of this part, the owner or operator of an affected source
shall notify the Administrator in writing of his or her intention to
conduct a performance test at least 60 calendar days before the
performance test is scheduled to begin, to allow the Administrator to
review and approve the site-specific test plan required under
Sec. 63.7(c) of subpart A of this part and, if requested by the
Administrator, to have an observer present during the test.
    (e) Notification of compliance status. The owner or operator of an
affected source shall submit a notification of compliance status as
required by Sec. 63.9(h) of subpart A of this part when the source
becomes subject to this standard.



Sec. 63.1164  Reporting requirements.

    (a) Reporting results of performance tests. 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 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

[[Page 613]]

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.
    (b) Progress reports. The owner or operator of an affected source
who is required to submit progress reports under Sec. 63.6(i) of subpart
A of this part shall submit such reports to the Administrator (or the
State with an approved permit program) by the dates specified in the
written extension of compliance.
    (c) Reporting malfunctions. 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. 63.1159(c), 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.

[64 FR 33218, June 22, 1999, as amended at 71 FR 20458, Apr. 20, 2006;
77 FR 58251, Sept. 19, 2012]



Sec. 63.1165  Recordkeeping requirements.

    (a) General recordkeeping requirements. As required by
Sec. 63.10(b)(2) of subpart A of this part, the owner or operator shall
maintain records for 5 years from the date of each record of:
    (1) The occurrence and duration of each malfunction of operation
(i.e., process equipment);
    (2) The occurrence and duration of each malfunction of the air
pollution control equipment;
    (3) All maintenance performed on the air pollution control
equipment;
    (4) Actions taken during periods of malfunction to minimize
emissions in accordance with Sec. 63.1259(c) and the dates of such
actions (including corrective actions to restore malfunctioning process
and air pollution control equipment to its normal or usual manner of
operation);
    (5) All required measurements needed to demonstrate compliance with
the standard and to support data that the source is required to report,
including, but not limited to, performance test measurements (including
initial and any subsequent performance tests) and measurements as may be
necessary to determine the conditions of the initial test or subsequent
tests;
    (6) All results of initial or subsequent performance tests;
    (7) If the owner or operator has been granted a waiver from
recordkeeping or reporting requirements under Sec. 63.10(f) of subpart A
of this part, any information demonstrating whether a source is meeting
the requirements for a waiver of recordkeeping or reporting
requirements;
    (8) If the owner or operator has been granted a waiver from the
initial performance test under Sec. 63.7(h) of subpart A of this part, a
copy of the full request and the Administrator's approval or
disapproval;
    (9) All documentation supporting initial notifications and
notifications of compliance status required by Sec. 63.9 of subpart A of
this part; and
    (10) Records of any applicability determination, including
supporting analyses.
    (b) Subpart CCC records. (1) In addition to the general records
required by paragraph (a) of this section, the owner or operator shall
maintain records for 5 years from the date of each record of:
    (i) Scrubber makeup water flow rate and recirculation water flow
rate if a wet scrubber is used;
    (ii) Calibration and manufacturer certification that monitoring
devices are accurate to within 5 percent; and
    (iii) Each maintenance inspection and repair, replacement, or other
corrective action.
    (2) The owner or operator of an acid regeneration plant shall also
maintain records for 5 years from the date of each record of process
offgas temperature and parameters that determine proportion of excess
air.
    (3) The owner or operator shall keep the written operation and
maintenance plan on record after it is developed to be made available
for inspection, upon request, by the Administrator for the life of the
affected source or until the

[[Page 614]]

source is no longer subject to the provisions of this subpart. In
addition, if the operation and maintenance plan is revised, the owner or
operator shall keep previous (i.e., superseded) versions of the plan on
record to be made available for inspection by the Administrator for a
period of 5 years after each revision to the plan.
    (c) Recent records. General records and subpart CCC records for the
most recent 2 years of operation must be maintained on site. Records for
the previous 3 years may be maintained off site.

[64 FR 33218, June 22, 1999, as amended at 77 FR 58251, Sept. 19, 2012]



Sec. 63.1166  Implementation and enforcement.

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

[68 FR 37356, June 23, 2003]



Secs. 63.1167-63.1174  [Reserved]



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

------------------------------------------------------------------------
                                    Applies to
           Reference               Subpart CCC          Explanation
------------------------------------------------------------------------
63.1-63.5.....................  Yes.
63.6 (a)-(d)..................  Yes..............
63.6(e)(1)(i).................  No...............  See Sec. 63.1259(c)
                                                    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.
                                                    63.1259(c).
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).......................  No...............  Subpart CCC does not
                                                    contain an opacity
                                                    or visible emission
                                                    standard.
63.6 (i)-(j)..................  Yes.
63.7..........................  Yes..............

[[Page 615]]


63.8(a)-(c)...................  Yes..............
63.8(d)(1)-(2)................  Yes..............
63.8(d)(3)....................  Yes, except for
                                 last sentence.
63.8(e)-(f)...................  Yes..............
63.10(a)......................  Yes..............
63.10(b)(1)...................  Yes..............
63.10(b)(2)(i)................  No...............
63.10(b)(2)(ii)...............  No...............  See Sec.
                                                    63.1265(a)(1) for
                                                    recordkeeping of
                                                    occurrence and
                                                    duration of
                                                    malfunctions. See
                                                    Sec. 63.1265(a)(4)
                                                    for recordkeeping of
                                                    actions taken during
                                                    malfunction. Any
                                                    cross-reference to
                                                    Sec. 63.10(b)(2)(ii
                                                    ) in any other
                                                    general provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to Sec.
                                                    63.1265(a)(1).
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)..................  No...............  See Sec. 63.1164(c)
                                                    for reporting
                                                    malfunctions. Any
                                                    cross-reference to
                                                    Sec. 63.10(c)(10)
                                                    in any other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to Sec.
                                                    63.1164(c).
63.10(c)(11)..................  No...............  See Sec. 63.1164(c)
                                                    for reporting
                                                    malfunctions. Any
                                                    cross-reference to
                                                    Sec. 63.10(c)(11)
                                                    in any other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to Sec.
                                                    63.1164(c).
63.10(c)(12)-(c)(14)..........  Yes..............
63.10(c)(15)..................  No...............
63.10(d)(1)-(2)...............  Yes.
63.10(d)(3)...................  No...............  Subpart CCC does not
                                                    contain an opacity
                                                    or visible emission
                                                    standard.
63.10(d)(4)...................  Yes..............
63.10(d)(5)...................  No...............
63.10(e)-(f)..................  Yes.
63.11.........................  No...............  Subpart CCC does not
                                                    require the use of
                                                    flares.
63.12-63.15...................  Yes..............
------------------------------------------------------------------------


[64 FR 33218, June 22, 1999, as amended at 77 FR 58252, Sept. 19, 2012]



Subpart DDD_National Emission Standards for Hazardous Air Pollutants for
                         Mineral Wool Production

    Source: 64 FR 29503, June 1, 1999, unless otherwise noted.



Sec. 63.1175  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous
air pollutants emitted from existing, new, and reconstructed cupolas and
curing ovens at facilities that produce mineral wool.



Sec. 63.1176  Where can I find definitions of key words used in this
subpart?

    The definitions of key words used in this subpart are in the Clean
Air Act (Act), in Sec. 63.2 of the general provisions in subpart A of
this part, and in Sec. 63.1196 of this subpart.



Sec. 63.1177  Am I subject to this subpart?

    You are subject to this subpart if you own or operate an existing,
new, or reconstructed mineral wool production facility that is located
at a plant site that is a major source of hazardous air pollutant (HAP)
emissions, meaning the plant emits or has the potential to emit any
single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any
combination of HAPs at a rate of 22.68 megagrams (25 tons) or more per
year.

                                Standards



Sec. 63.1178  For cupolas, what standards must I meet?

    (a) You must control emissions from each cupola as follows:

[[Page 616]]

    (1) Limit emissions of particulate matter (PM) from each existing,
new, or reconstructed cupola to 0.05 kilograms (kg) of PM per megagram
(MG) (0.10 pound [lb] of PM per ton) of melt or less.
    (2) Limit emissions of carbon monoxide (CO) from each new or
reconstructed cupola to either of the following:
    (i) 0.05 kg of CO per MG (0.10 lb of CO per ton) of melt or less.
    (ii) A reduction of uncontrolled CO emissions by at least 99
percent.
    (b) You must meet the following operating limits for each cupola:
    (1) Begin within one hour after the alarm on a bag leak detection
system sounds, and complete in a timely manner, corrective actions as
specified in your operations, maintenance, and monitoring plan required
by Sec. 63.1187 of this subpart.
    (2) When the alarm on a bag leak detection system sounds for more
than five percent of the total operating time in a six-month reporting
period, develop and implement a written quality improvement plan (QIP)
consistent with the compliance assurance monitoring requirements of
Sec. 64.8(b)-(d) of 40 CFR part 64.
    (3) Additionally, for each new or reconstructed cupola, maintain the
operating temperature of the incinerator so that the average operating
temperature for each three-hour block period never falls below the
average temperature established during the performance test.



Sec. 63.1179  For curing ovens, what standards must I meet?

    (a) You must control emissions from each existing, new, or
reconstructed curing oven by limiting emissions of formaldehyde to
either of the following:
    (1) 0.03 kg of formaldehyde per MG (0.06 lb of formaldehyde per ton)
of melt or less.
    (2) A reduction of uncontrolled formaldehyde emissions by at least
80 percent.
    (b) You must meet the following operating limits for each curing
oven:
    (1) Maintain the free-formaldehyde content of each resin lot and the
formaldehyde content of each binder formulation at or below the
specification ranges of the resin and binder used during the performance
test.
    (2) Maintain the operating temperature of each incinerator so that
the average operating temperature for each three-hour block period never
falls below the average temperature established during the performance
test.



Sec. 63.1180  When must I meet these standards?

    (a) Existing cupolas and curing ovens. You must install any control
devices and monitoring equipment necessary to meet the standards in this
subpart, complete performance testing, and demonstrate compliance with
all requirements of this subpart no later than the following:
    (1) June 2, 2002; or
    (2) June 3, 2003 if you apply for and receive a one-year extension
under section 112(i)(3)(B) of the Act.
    (b) New and reconstructed cupolas and curing ovens. You must install
any control devices or monitoring equipment necessary to meet the
standards in this subpart, complete performance testing, and demonstrate
compliance with all requirements of this subpart by the dates in
Sec. 63.7 of the general provisions in subpart A of this part.
    (c) You must comply with the standards in Secs. 63.1178 and 63.1179
of this subpart on and after the dates in paragraphs (a) and (b) of this
section.
    (d) You must comply with these standards at all times except during
periods of startup, shutdown, or malfunction.

                        Compliance With Standards



Sec. 63.1181  How do I comply with the particulate matter standards for
existing, new, and reconstructed cupolas?

    To comply with the PM standards, you must meet all of the following:
    (a) Install, adjust, maintain, and continuously operate a bag leak
detection system for each fabric filter.
    (b) Do a performance test as specified in Sec. 63.1188 of this
subpart and show compliance with the PM emission limits while the bag
leak detection system is installed, operational, and properly adjusted.

[[Page 617]]

    (c) Begin corrective actions specified in your operations,
maintenance, and monitoring plan required by Sec. 63.1187 of this
subpart within one hour after the alarm on a bag leak detection system
sounds. Complete the corrective actions in a timely manner.
    (d) Develop and implement a written QIP consistent with compliance
assurance monitoring requirements of 40 CFR 64.8(b) through (d) when the
alarm on a bag leak detection system sounds for more than five percent
of the total operating time in a six-month reporting period.



Sec. 63.1182  How do I comply with the carbon monoxide standards for new
and reconstructed cupolas?

    To comply with the CO standards, you must meet all of the following:
    (a) Install, calibrate, maintain, and operate a device that
continuously measures the operating temperature in the firebox of each
thermal incinerator.
    (b) Do a performance test as specified in Sec. 63.1188 of this
subpart and show compliance with the CO emission limits while the device
for measuring incinerator operating temperature is installed,
operational, and properly calibrated. Establish the average operating
temperature as specified in Sec. 63.1185(a) of this subpart.
    (c) Following the performance test, measure and record the average
operating temperature of the incinerator as specified in Sec. 63.1185(b)
of this subpart.
    (d) Maintain the operating temperature of the incinerator so that
the average operating temperature for each three-hour block period never
falls below the average temperature established during the performance
test.
    (e) Operate and maintain the incinerator as specified in your
operations, maintenance, and monitoring plan required by Sec. 63.1187 of
this subpart.



Sec. 63.1183  How do I comply with the formaldehyde standards for
existing, new, and reconstructed curing ovens?

    To comply with the formaldehyde standards, you must meet all of the
following:
    (a) Install, calibrate, maintain, and operate a device that
continuously measures the operating temperature in the firebox of each
thermal incinerator.
    (b) Do a performance test as specified in Sec. 63.1188 of this
subpart while manufacturing the product that requires a binder
formulation made with the resin containing the highest free-formaldehyde
content specification range. Show compliance with the formaldehyde
emission limits while the device for measuring incinerator operating
temperature is installed, operational, and properly calibrated.
Establish the average operating temperature as specified in
Sec. 63.1185(a) of this subpart.
    (c) During the performance test that uses the binder formulation
made with the resin containing the highest free-formaldehyde content
specification range, record the free-formaldehyde content specification
range of the resin used, and the formulation of the binder used,
including the formaldehyde content and binder specification.
    (d) Following the performance test, monitor and record the free-
formaldehyde content of each resin lot and the formulation of each batch
of binder used, including the formaldehyde content.
    (e) Maintain the free-formaldehyde content of each resin lot and the
formaldehyde content of each binder formulation at or below the
specification ranges established during the performance test.
    (f) Following the performance test, measure and record the average
operating temperature of the incinerator as specified in Sec. 63.1185(b)
of this subpart.
    (g) Maintain the operating temperature of the incinerator so that
the average operating temperature for each three-hour block period never
falls below the average temperature established during the performance
test.
    (h) Operate and maintain the incinerator as specified in your
operations, maintenance, and monitoring plan required by Sec. 63.1187 of
this subpart.
    (i) With prior approval from the Administrator, you may do short-
term experimental production runs using resin where the free-
formaldehyde content, or binder formulations where the formaldehyde
content, is higher than the specification ranges of the resin and

[[Page 618]]

binder used during previous performance tests, or using experimental
pollution prevention process modifications without first doing
additional performance tests. Notification of intent to perform a short-
term experimental production run must include the following information:
    (1) The purpose of the experimental run.
    (2) The affected production process.
    (3) How the resin free-formaldehyde content or binder formulation
will deviate from previously approved levels or what the experimental
pollution prevention process modifications are.
    (4) The duration of the experimental run.
    (5) The date and time of the experimental run.
    (6) A description of any emissions testing to be done during the
experimental run.

                    Additional Monitoring Information



Sec. 63.1184  What do I need to know about the design specifications,
installation, and operation of a bag leak detection system?

    A bag leak detection system must meet the following requirements:
    (a) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic
foot) or less.
    (b) The sensor on the bag leak detection system must provide output
of relative PM emissions.
    (c) The bag leak detection system must have an alarm that will sound
automatically when it detects an increase in relative PM emissions
greater than a preset level.
    (d) The alarm must be located in an area where appropriate plant
personnel will be able to hear it.
    (e) For a positive-pressure fabric filter, each compartment or cell
must have a bag leak detector. For a negative-pressure or induced-air
fabric filter, the bag leak detector must be installed downstream of the
fabric filter. If multiple bag leak detectors are required (for either
type of fabric filter), detectors may share the system instrumentation
and alarm.
    (f) Each triboelectric bag leak detection system must be installed,
operated, adjusted, and maintained so that it follows EPA's ``Fabric
Filter Bag Leak Detection Guidance'' (EPA-454/R-98-015, September 1997).
Other bag leak detection systems must be installed, operated, adjusted,
and maintained so that they follow the manufacturer's written
specifications and recommendations.
    (g) At a minimum, initial adjustment of the system must consist of
establishing the baseline output in both of the following ways:
    (1) Adjust the range and the averaging period of the device.
    (2) Establish the alarm set points and the alarm delay time.
    (h) After initial adjustment, the range, averaging period, alarm set
points, or alarm delay time may not be adjusted except as specified in
the operations, maintenance, and monitoring plan required by
Sec. 63.1187 of this subpart. In no event may the range be increased by
more than 100 percent or decreased by more than 50 percent over a 365
day period unless a responsible official as defined in Sec. 63.2 of the
general provisions in subpart A of this part certifies in writing to the
Administrator that the fabric filter has been inspected and found to be
in good operating condition.



Sec. 63.1185  How do I establish the average operating temperature of an
incinerator?

    (a) During the performance test, you must establish the average
operating temperature of an incinerator as follows:
    (1) Continuously measure the operating temperature of the
incinerator.
    (2) Determine and record the average temperatures in consecutive 15-
minute blocks.
    (3) Determine and record the arithmetic average of the recorded
average temperatures measured in consecutive 15-minute blocks for each
of the one-hour performance test runs.
    (4) Determine and record the arithmetic average of the three one-
hour average temperatures during the performance test runs. The average
of the three one-hour performance test runs

[[Page 619]]

establishes the temperature level to use to monitor compliance.
    (b) To comply with the requirements for maintaining the operating
temperature of an incinerator after the performance test, you must
measure and record the average operating temperature of the incinerator
as required by Secs. 63.1182 and 63.1183 of this subpart. This average
operating temperature of the incinerator is based on the arithmetic
average of the one-hour average temperatures for each consecutive three-
hour period and is determined in the same manner described in paragraphs
(a)(1) through (a)(4) of this section.



Sec. 63.1186  How may I change the compliance levels of monitored
parameters?

    You may change control device and process operating parameter levels
established during performance tests and used to monitor compliance if
you do the following:
    (a) You must notify the Administrator of your desire to expand the
range of a control device or process operating parameter level.
    (b) Upon approval from the Administrator, you must conduct
additional performance tests at the proposed new control device or
process operating parameter levels. Before operating at these levels,
the performance test results must verify that, at the new levels, you
comply with the emission limits in Secs. 63.1178 and 63.1179 of this
subpart.



Sec. 63.1187  What do I need to know about operations, maintenance, and
monitoring plans?

    (a) An operations, maintenance, and monitoring plan must be
submitted to the Administrator for review and approval as part of your
application for the title V permit.
    (b) The operations, maintenance, and monitoring plan must include
the following:
    (1) Process and control device parameters you will monitor to
determine compliance, along with established operating levels or ranges
for each process or control device.
    (2) A monitoring schedule.
    (3) Procedures for properly operating and maintaining control
devices used to meet the standards in Secs. 63.1178 and 63.1179 of this
subpart. These procedures must include an inspection of each incinerator
at least once per year. At a minimum, you must do the following as part
of an incinerator inspection:
    (i) Inspect all burners, pilot assemblies, and pilot sensing devices
for proper operation. Clean pilot sensor if necessary.
    (ii) Ensure proper adjustment of combustion air, and adjust if
necessary.
    (iii) Inspect, when possible, all internal structures (such as
baffles) to ensure structural integrity per the design specifications.
    (iv) Inspect dampers, fans, and blowers for proper operation.
    (v) Inspect motors for proper operation.
    (vi) Inspect, when possible, combustion chamber refractory lining.
Clean, and repair or replace lining if necessary.
    (vii) Inspect incinerator shell for proper sealing, corrosion, and/
or hot spots.
    (viii) For the burn cycle that follows the inspection, document that
the incinerator is operating properly and make any necessary
adjustments.
    (ix) Generally observe whether the equipment is maintained in good
operating condition.
    (x) Complete all necessary repairs as soon as practicable.
    (4) Procedures for keeping records to document compliance.
    (5) Corrective actions you will take if process or control device
parameters vary from the levels established during performance testing.
For bag leak detection system alarms, example corrective actions that
may be included in the operations, maintenance, and monitoring plan
include:
    (i) Inspecting the fabric filter for air leaks, torn or broken bags
or filter media, or any other condition that may cause an increase in
emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media, or otherwise
repairing the control device.

[[Page 620]]

    (iv) Sealing off a defective fabric filter compartment.
    (v) Cleaning the bag leak detection system probe, or otherwise
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate emissions.

                      Performance Tests and Methods



Sec. 63.1188  What performance test requirements must I meet?

    You must meet the following performance test requirements:
    (a) All monitoring systems and equipment must be installed,
operational, and properly calibrated before the performance tests.
    (b) Do a performance test, consisting of three test runs, for each
cupola and curing oven subject to this subpart at the maximum production
rate to demonstrate compliance with each of the applicable emission
limits in Secs. 63.1178 and 63.1179 of this subpart.
    (c) Measure emissions of PM from each existing cupola.
    (d) Measure emissions of PM and CO from each new or reconstructed
cupola.
    (e) Measure emissions of formaldehyde from each existing, new or
reconstructed curing oven.
    (f) Measure emissions at the outlet of the control device if
complying with a numerical emission limit for PM, CO, or formaldehyde,
or at the inlet and outlet of the control device if complying with a
percent reduction emission limit for CO or formaldehyde.
    (g) To determine the average melt rate, measure and record the
amount of raw materials, excluding coke, charged into and melted in each
cupola during each performance test run. Determine and record the
average hourly melt rate for each performance test run. Determine and
record the arithmetic average of the average hourly melt rates
associated with the three performance test runs. The average hourly melt
rate of the three performance test runs is used to determine compliance
with the applicable emission limits.
    (h) Compute and record the average emissions of the three
performance test runs and use the equations in Sec. 63.1190 of this
subpart to determine compliance with the applicable emission limits.
    (i) Comply with control device and process operating parameter
monitoring requirements for performance testing as specified in this
subpart.



Sec. 63.1189  What test methods do I use?

    You must use the following test methods to determine compliance with
the applicable emission limits:
    (a) Method 1 in appendix A to part 60 of this chapter for the
selection of the sampling port locations and number of sampling ports.
    (b) Method 2 in appendix A to part 60 of this chapter for stack gas
velocity and volumetric flow rate.
    (c) Method 3 or 3A in appendix A to part 60 of this chapter for
oxygen and carbon dioxide for diluent measurements needed to correct the
concentration measurements to a standard basis.
    (d) Method 4 in appendix A to part 60 of this chapter for moisture
content of the stack gas.
    (e) Method 5 in appendix A to part 60 of this chapter for the
concentration of PM. Each PM test run must consist of a minimum run time
of three hours and a minimum sample volume of 3.75 dscm (135 dscf).
    (f) Method 10 in appendix A to part 60 of this chapter for the
concentration of CO, using the continuous sampling option described in
section 7.1.1 of the method. Each CO test run must consist of a minimum
run time of one hour.
    (g) Method 318 in appendix A to this part for the concentration of
formaldehyde or CO.
    (h) Method to determine the free-formaldehyde content of each resin
lot in appendix A of this subpart.



Sec. 63.1190  How do I determine compliance?

    (a) Using the results of the performance tests, you must use the
following equation to determine compliance with the PM emission limit:
[GRAPHIC] [TIFF OMITTED] TR01JN99.015

where:

E = Emission rate of PM, kg/Mg (lb/ton) of melt.
C = Concentration of PM, g/dscm (gr/dscf).
Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr).

[[Page 621]]

K 51 = Conversion factor, 1 kg/1,000 g (1 lb/7,000 gr).
P = Average melt rate, Mg/hr (ton/hr).

    (b) Using the results of the performance tests, you must use the
following equation to determine compliance with the CO and formaldehyde
numerical emission limits:
[GRAPHIC] [TIFF OMITTED] TR01JN99.016

where:

E = Emission rate of measured pollutant, kg/Mg (lb/ton) of melt.
C = Measured volume fraction of pollutant, ppm.
MW = Molecular weight of measured pollutant, g/g-mole:
CO = 28.01, Formaldehyde = 30.03.
Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr).
K1 = Conversion factor, 1 kg/1,000 g (1 lb/453.6 g).
K2 = Conversion factor, 1,000 L/m\3\ (28.3 L/ft\3\).
K3 = Conversion factor, 24.45 L/g-mole.
P = Average melt rate, Mg/hr (ton/hr).

    (c) Using the results of the performance tests, you must use the
following equation to determine compliance with the CO and formaldehyde
percent reduction performance standards:
[GRAPHIC] [TIFF OMITTED] TR01JN99.017

where:

%R = Percent reduction, or collection efficiency of the control device.
Li = Inlet loading of pollutant, kg/Mg (lb/ton).
Lo = Outlet loading of pollutant, kg/Mg (lb/ton).

               Notification, Recordkeeping, and Reporting



Sec. 63.1191  What notifications must I submit?

    You must submit written notifications to the Administrator as
required by Sec. 63.9(b)-(h) of the general provisions in subpart A of
this part. These notifications include, but are not limited to, the
following:
    (a) Notification that the following types of sources are subject to
the standard:
    (1) An area source that increases its emissions so that it becomes a
major source.
    (2) A source that has an initial startup before the effective date
of the standard.
    (3) A new or reconstructed source that has an initial startup after
the effective date of the standard and doesn't require an application
for approval of construction or reconstruction under Sec. 63.5(d) of the
general provisions in subpart A of this part.
    (b) Notification of intention to construct a new major source or
reconstruct a major source where the initial startup of the new or
reconstructed source occurs after the effective date of the standard and
an application for approval of construction or reconstruction under
Sec. 63.5(d) of the general provisions in subpart A of this part is
required.
    (c) Notification of special compliance obligations for a new source
that is subject to special compliance requirements in Sec. 63.6(b)(3)
and (4) of the general provisions in subpart A of this part.
    (d) Notification of a performance test at least 60 calendar days
before the performance test is scheduled to begin.
    (e) Notification of compliance status.



Sec. 63.1192  What recordkeeping requirements must I meet?

    You must meet the following recordkeeping requirements:
    (a) Maintain files of all information required by Sec. 63.10(b) of
the general provisions in subpart A of this part, including all
notifications and reports.
    (b) Maintain records of the following information also:
    (1) Cupola production (melt) rate (Mg/hr (tons/hr) of melt).
    (2) All bag leak detection system alarms. Include the date and time
of the alarm, when corrective actions were initiated, the cause of the
alarm, an explanation of the corrective actions taken, and when the
cause of the alarm was corrected.
    (3) The free-formaldehyde content of each resin lot and the binder
formulation, including formaldehyde content, of each binder batch used
in the manufacture of bonded products.
    (4) Incinerator operating temperature and results of incinerator
inspections.

[[Page 622]]

For all periods when the average temperature in any three-hour block
period fell below the average temperature established during the
performance test, and all periods when the inspection identified
incinerator components in need of repair or maintenance, include the
date and time of the problem, when corrective actions were initiated,
the cause of the problem, an explanation of the corrective actions
taken, and when the cause of the problem was corrected.
    (c) Retain each record for at least five years following the date of
each occurrence, measurement, corrective action, maintenance, record, or
report. The most recent two years of records must be retained at the
facility. The remaining three years of records may be retained off site.
    (d) Retain records on microfilm, on a computer, on computer disks,
on magnetic tape disks, or on microfiche.
    (e) Report the required information on paper or on a labeled
computer disk using commonly available and compatible computer software.



Sec. 63.1193  What reports must I submit?

    You must prepare and submit reports to the Administrator as required
by this subpart and Sec. 63.10 of the general provisions in subpart A of
this part. These reports include, but are not limited to, the following:
    (a) A performance test report, as required by Sec. 63.10(d)(2) of
the general provisions in subpart A of this part, that documents the
process and control equipment operating parameters during the test
period, the test methods and procedures, the analytical procedures, all
calculations, and the results of the performance tests.
    (b) A startup, shutdown, and malfunction plan, as described in
Sec. 63.6(e)(3) of the general provisions in subpart A of this part,
that contains specific procedures for operating and maintaining the
source during periods of startup, shutdown, and malfunction and a
program of corrective action for malfunctioning process and control
systems used to comply with the emission standards. In addition to the
information required by Sec. 63.6(e)(3), your plan must include the
following:
    (1) Procedures to determine and record what caused the malfunction
and when it began and ended.
    (2) Corrective actions you will take if a process or control device
malfunctions, including procedures for recording the actions taken to
correct the malfunction or minimize emissions.
    (3) An inspection and maintenance schedule for each process and
control device that is consistent with the manufacturer's instructions
and recommendations for routine and long-term maintenance.
    (c) A report of each event as required by Sec. 63.10(b) of the
general provisions in subpart A of this part, including a report if an
action taken during a startup, shutdown, or malfunction is inconsistent
with the procedures in the plan as described in Sec. 63.6(e)(3) of the
general provisions in subpart A of this part.
    (d) An operations, maintenance, and monitoring plan as specified in
Sec. 63.1187 of this subpart.
    (e) A semiannual report as required by Sec. 63.10(e)(3) of the
general provisions in subpart A of this part if measured emissions
exceed the applicable standard or a monitored parameter varies from the
level established during performance testing. The report must contain
the information specified in Sec. 63.10(c) of the general provisions, as
well as the relevant records required by Sec. 63.1192(b) of this
subpart.
    (f) A semiannual report stating that no excess emissions or
deviations of monitored parameters occurred during the reporting period
as required by Sec. 63.10(e)(3)(v) of the general provisions in subpart
A of this part if no deviations have occurred.

                   Other Requirements and Information



Sec. 63.1194  Which general provisions apply?

    The general provisions in subpart A of this part define requirements
applicable to all owners and operators affected by NESHAP in part 63.
See Table 1 of this subpart for general provisions that apply (or don't
apply) to you as an owner or operator subject to the requirements of
this subpart.

[[Page 623]]



Sec. 63.1195  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1177
through 63.1180.
    (2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.

[68 FR 37356, June 23, 2003]



Sec. 63.1196  What definitions should I be aware of?

    Terms used in this subpart are defined in the Act, in Sec. 63.2 of
the general provisions in subpart A of this part, and in this section as
follows:
    Bag leak detection system means a monitoring device for a fabric
filter that identifies an increase in particulate matter emissions
resulting from a broken filter bag or other malfunction and sounds an
alarm.
    Bonded product means mineral wool to which a hazardous air
pollutant-based binder (containing such hazardous air pollutants as
phenol or formaldehyde) has been applied.
    CO means, for the purposes of this subpart, emissions of carbon
monoxide that serve as a surrogate for emissions of carbonyl sulfide, a
compound included on the list of hazardous air pollutants in section 112
of the Act.
    Cupola means a large, water-cooled metal vessel to which is charged
a mixture of fuel, rock and/or slag, and additives. As the fuel is
burned, the charged mixture is heated to a molten state for later
processing to form mineral wool.
    Curing oven means a chamber in which heat is used to thermoset a
binder on the mineral wool fiber used to make bonded products.
    Fabric filter means an air pollution control device used to capture
particulate matter by filtering gas streams through fabric bags. It also
is known as a baghouse.
    Formaldehyde means, for the purposes of this subpart, emissions of
formaldehyde that, in addition to being a HAP itself, serve as a
surrogate for organic compounds included on the list of hazardous air
pollutants in section 112 of the Act, including but not limited to
phenol.
    Hazardous air pollutant means any air pollutant listed in or
pursuant to section 112(b) of the Act.
    I means the owner or operator of a mineral wool production facility.
    Incinerator means an enclosed air pollution control device that uses
controlled flame combustion to convert combustible materials to
noncombustible gases.
    Melt means raw materials, excluding coke, that are charged into the
cupola, heated to a molten state, and discharged to the fiber forming
and collection process.
    Melt rate means the mass of molten material discharged from a single
cupola over a specified time period.
    Mineral wool means a fibrous glassy substance made from natural rock
(such as basalt), blast furnace slag or other slag, or a mixture of rock
and slag. It may be used as a thermal or acoustical insulation material
or in the making of other products to provide structural strength, sound
absorbency,

[[Page 624]]

fire resistance, or other required properties.
    New source means any affected source the construction or
reconstruction of which is commenced after May 8, 1997.
    PM means, for the purposes of this subpart, emissions of particulate
matter that serve as a surrogate for metals (in particulate or volatile
form) on the list of hazardous air pollutants in section 112 of the Act,
including but not limited to: antimony, arsenic, beryllium, cadmium,
chromium, lead, manganese, nickel, and selenium.
    You means the owner or operator of a mineral wool production
facility.

[76 FR 74708, Dec. 1, 2011]



Secs. 63.1197-63.1199  [Reserved]



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

----------------------------------------------------------------------------------------------------------------
     General provisions citation            Requirement         Applies to subpart DDD?        Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)-(a)(4)...................  General Applicability..  Yes.....................
63.1(a)(5)..........................                           No......................  [Reserved].
63.1(a)(6)-(a)(8)...................                           Yes.....................
63.1(a)(9)..........................                           No......................  [Reserved].
63.1(a)(10)-(a)(14).................                           Yes.....................
63.1(b).............................  Initial Applicability    Yes.....................
                                       Determination.
63.1(c)(1)..........................  Applicability After      Yes.....................
                                       Standard Established.
63.1(c)(2)..........................                           Yes.....................  Some plants may be area
                                                                                          sources.
63.1(c)(3)..........................                           No......................  [Reserved].
63.1(c)(4)-(c)(5)...................                           Yes.....................
63.1(d).............................                           No......................  [Reserved].
63.1(e).............................  Applicability of Permit  Yes.....................
                                       Program.
63.2................................  Definitions............  Yes.....................  Additional definitions
                                                                                          in Sec. 63.1196.
63.3................................  Units and Abbreviations  Yes.....................
63.4(a)(1)-(a)(3)...................  Prohibited Activities..  Yes.....................
63.4(a)(4)..........................                           No......................  [Reserved].
63.4(a)(5)..........................                           Yes.....................
63.4(b)-(c).........................  Circumvention/           Yes.....................
                                       Severability.
63.5(a).............................  Construction/            Yes.....................
                                       Reconstruction
                                       Applicability.
63.5(b)(1)..........................  Existing, New,           Yes.....................
                                       Reconstructed Sources
                                       Requirements.
63.5(b)(2)..........................                           No......................  [Reserved].
63.5(b)(3)-(b)(6)...................                           Yes.....................
63.5(c).............................                           No......................  [Reserved].
63.5(d).............................  Application for          Yes.....................
                                       Approval of
                                       Construction/
                                       Reconstruction.
63.5(e).............................  Approval of              Yes.....................
                                       Construction/
                                       Reconstruction.
63.5(f).............................  Approval of              Yes.....................
                                       Construction/
                                       Reconstruction Based
                                       on State Review.
63.6(a).............................  Compliance with          Yes.....................
                                       Standards and
                                       Maintenance
                                       Applicability.
63.6(b)(1)-(b)(5)...................  New and Reconstructed    Yes.....................
                                       Sources Dates.
63.6(b)(6)..........................                           No......................  [Reserved].
63.6(b)(7)..........................                           Yes.....................
63.6(c)(1)..........................  Existing Sources Dates.  Yes.....................  Sec. 63.1180 specifies
                                                                                          compliance dates.
63.6(c)(2)..........................  .......................  Yes.....................
63.6(c)(3)-(c)(4)...................  .......................  No......................  [Reserved].
63.6(c)(5)..........................  .......................  Yes.....................
63.6(d).............................  .......................  No......................  [Reserved].
63.6(e)(1)-(e)(2)...................  Operation & Maintenance  Yes.....................  Sec. 63.1187 specifies
                                       Requirements.                                      additional
                                                                                          requirements.
63.6(e)(3)..........................  Startup, Shutdown, and   Yes.....................
                                       Malfunction Plan.
63.6(f).............................  Compliance with          Yes.....................
                                       Emission Standards.
63.6(g).............................  Alternative Standard...  Yes.....................
63.6(h).............................  Compliance with Opacity/ No......................  Subpart DDD does not
                                       VE Standards.                                      include VE/opacity
                                                                                          standards.

[[Page 625]]


63.6(i)(1)-(i)(14)..................  Extension of Compliance  Yes.....................  Sec. 63.1180 specifies
                                                                                          date.
63.6(i)(15).........................  .......................  No......................  [Reserved].
63.6(i)(16).........................  .......................  Yes.....................
63.6(j).............................  Exemption from           Yes.....................
                                       Compliance.
63.7(a).............................  Performance Test         Yes.....................
                                       Requirements
                                       Applicability.
63.7(b).............................  Notification...........  Yes.....................
63.7(c).............................  Quality Assurance/Test   Yes.....................
                                       Plan.
63.7(d).............................  Testing Facilities.....  Yes.....................
63.7(e).............................  Conduct of Tests.......  Yes.....................  Sec. 63.1188 specifies
                                                                                          additional
                                                                                          requirements.
63.7(f).............................  Alternative Test Method  Yes.....................
63.7(g).............................  Data Analysis..........  Yes.....................
63.7(h).............................  Waiver of Tests........  Yes.....................
63.8(a)(1)..........................  Monitoring Requirements  Yes.....................
                                       Applicability.
63.8(a)(2)..........................  .......................  No......................  Subpart DDD does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.8(a)(3)..........................  .......................  No......................  [Reserved].
63.8(a)(4)..........................  .......................  Yes.....................
63.8(b).............................  Conduct of Monitoring..  Yes.....................
63.8(c)(1)-(c)(3)...................  CMS Operation/           Yes.....................
                                       Maintenance.
63.8(c)(4)-(c)(8)...................  .......................  No......................  Subpart DDD does not
                                                                                          require COMS or CMS
                                                                                          performance
                                                                                          specifications.
63.8(d).............................  Quality Control........  No......................  Subpart DDD does not
                                                                                          require a CMS quality
                                                                                          control program.
63.8(e).............................  CMS Performance          No......................  Subpart DDD does not
                                       Evaluation.                                        require CMS
                                                                                          performance
                                                                                          evaluations.
63.8(f)(1)-(f)(5)...................  Alternative Monitoring   Yes.....................
                                       Method.
63.8(f)(6)..........................  Alternative to RATA      No......................  Subpart DDD does not
                                       Test.                                              require CEMS.
63.8(g)(1)..........................  Data Reduction.........  Yes.....................
63.8(g)(2)..........................  .......................  No......................  Subpart DDD does not
                                                                                          require COMS or CEMS.
63.8(g)(3)-(g)(5)...................  .......................  Yes.....................
63.9(a).............................  Notification             Yes.....................
                                       Requirements
                                       Applicability.
63.9(b).............................  Initial Notifications..  Yes.....................
63.9(c).............................  Request for Compliance   Yes.....................
                                       Extension.
63.9(d).............................  New Source Notification  Yes.....................
                                       for Special Compliance
                                       Requirements.
63.9(e).............................  Notification of          Yes.....................
                                       Performance Test.
63.9(f).............................  Notification of VE/      No......................  Subpart DDD does not
                                       Opacity Test.                                      include VE/opacity
                                                                                          standards.
63.9(g).............................  Additional CMS           No......................  Subpart DDD does not
                                       Notifications.                                     require CMS
                                                                                          performance
                                                                                          evaluation, COMS, or
                                                                                          CEMS.
63.9(h)(1)-(h)(3)...................  Notification of          Yes.....................
                                       Compliance Status.
63.9(h)(4)..........................  .......................  No......................  [Reserved].
63.9(h)(5)-(h)(6)...................  .......................  Yes.....................
63.9(i).............................  Adjustment of Deadlines  Yes.....................
63.9(j).............................  Change in Previous       Yes.....................
                                       Information.
63.10(a)............................  Recordkeeping/Reporting- Yes.....................
                                       Applicability.
63.10(b)............................  General Recordkeeping    Yes.....................  Sec. 63.1192 includes
                                       Requirements.                                      additional
                                                                                          requirements.
63.10(c)(1).........................  Additional CMS           Yes.....................
                                       Recordkeeping.
63.10(c)(2)-(c)(4)..................  .......................  No......................  [Reserved].
63.10(c)(5).........................  .......................  Yes.....................
63.10(c)(6).........................  .......................  No......................  Subpart DDD does not
                                                                                          require CMS
                                                                                          performance
                                                                                          specifications.
63.10(c)(7)-(c)(8)..................  .......................  Yes.....................
63.10(c)(9).........................  .......................  No......................  [Reserved].
63.10(c) (10)-(c)(13)...............  .......................  Yes.....................
63.10(c)(14)........................  .......................  No......................  Subpart DDD does not
                                                                                          require a CMS quality
                                                                                          control program.
63.10(c)(15)........................  .......................  Yes.....................
63.10(d)(1).........................  General Reporting        Yes.....................  Additional requirements
                                       Requirements.                                      in Sec. 63.1193.

[[Page 626]]


63.10(d)(2).........................  Performance Test         Yes.....................
                                       Results.
63.10(d)(3).........................  Opacity or VE            No......................  Subpart DDD does not
                                       Observations.                                      include VE/opacity
                                                                                          standards.
63.10(d)(4)-(d)(5)..................  Progress Reports/        Yes.....................
                                       Startup, Shutdown, and
                                       Malfunction Reports.
63.10(e)(1)-(e)(2)..................  Additional CMS Reports.  No......................  Subpart DDD does not
                                                                                          require CEMS or CMS
                                                                                          performance
                                                                                          evaluations.
63.10(e)(3).........................  Excess Emissions/CMS     Yes.....................
                                       Performance Reports.
63.10(e)(4).........................  COMS Data Reports......  No......................  Subpart DDD does not
                                                                                          require COMS.
63.10(f)............................  Recordkeeping/Reporting  Yes.....................
                                       Waiver.
63.11(a)............................  Control Device           Yes.....................
                                       Requirements
                                       Applicability.
63.11(b)............................  Flares.................  No......................  Flares not applicable.
63.12...............................  State Authority and      Yes.....................
                                       Delegations.
63.13...............................  Addresses..............  Yes.....................
63.14...............................  Incorporation by         Yes.....................
                                       Reference.
63.15...............................  Information              Yes.....................
                                       Availability/
                                       Confidentiality.
----------------------------------------------------------------------------------------------------------------



Sec. Appendix A to Subpart DDD of Part 63--Free Formaldehyde Analysis of
       Insulation Resins by the Hydroxylamine Hydrochloride Method

                                1. Scope

    The method in this appendix was specifically developed for water-
soluble phenolic resins that have a relatively high free-formaldehyde
(FF) content such as insulation resins. It may also be suitable for
other phenolic resins, especially those with a high FF content.

                              2. Principle

    2.1  a. The basis for this method is the titration of the
hydrochloric acid that is liberated when hydroxylamine hydrochloride
reacts with formaldehyde to form formaldoxine:

HCHO + NH2OH:HCl [rarr] CH2:NOH + H2O + HCl

    b. Free formaldehyde in phenolic resins is present as monomeric
formaldehyde, hemiformals, polyoxymethylene hemiformals, and
polyoxymethylene glycols. Monomeric formaldehyde and hemiformals react
rapidly with hydroxylamine hydrochloride, but the polymeric forms of
formaldehyde must hydrolyze to the monomeric state before they can
react. The greater the concentration of free formaldehyde in a resin,
the more of that formaldehyde will be in the polymeric form. The
hydrolysis of these polymers is catalyzed by hydrogen ions.
    2.2  The resin sample being analyzed must contain enough free
formaldehyde so that the initial reaction with hydroxylamine
hydrochloride will produce sufficient hydrogen ions to catalyze the
depolymerization of the polymeric formaldehyde within the time limits of
the test method. The sample should contain approximately 0.3 grams (g)
free formaldehyde to ensure complete reaction within 5 minutes.

                              3. Apparatus

    3.1  Balance, readable to 0.01 g or better.
    3.2  pH meter, standardized to pH 4.0 with pH 4.0 buffer and pH 7
with pH 7.0 buffer.
    3.3  50-mL burette for 1.0 N sodium hydroxide.
    3.4  Magnetic stirrer and stir bars.
    3.5  250-mL beaker.
    3.6  50-mL graduated cylinder.
    3.7  100-mL graduated cylinder.
    3.8  Timer.

                               4. Reagents

    4.1  Standardized 1.0 N sodium hydroxide solution.
    4.2  Hydroxylamine hydrochloride solution, 100 grams per liter, pH
adjusted to 4.00.
    4.3  Hydrochloric acid solution, 1.0 N and 0.1 N.
    4.4  Sodium hydroxide solution, 0.1 N.
    4.5  50/50 v/v mixture of distilled water and methyl alcohol.

                              5. Procedure

    5.1  Determine the sample size as follows:
    a. If the expected FF is greater than 2 percent, go to Part A in
5.1.c to determine sample size.
    b. If the expected FF is less than 2 percent, go to Part B in 5.1.d
to determine sample size.
    c. Part A: Expected FF [ge]2 percent.

Grams resin = 60/expected percent FF

    I. The following table shows example levels:

[[Page 627]]



------------------------------------------------------------------------
                                                                Sample
             Expected percent free formaldehyde              size, grams
------------------------------------------------------------------------
2..........................................................         30.0
5..........................................................         12.0
8..........................................................          7.5
10.........................................................          6.0
12.........................................................          5.0
15.........................................................          4.0
------------------------------------------------------------------------

    ii. It is very important to the accuracy of the results that the
sample size be chosen correctly. If the milliliters of titrant are less
than 15 mL or greater than 30 mL, reestimate the needed sample size and
repeat the tests.
    d. Part B: Expected FF <2 percent

Grams resin = 30/expected percent FF

    I. The following table shows example levels:

------------------------------------------------------------------------
                                                                Sample
             Expected percent free formaldehyde              size, grams
------------------------------------------------------------------------
2..........................................................           15
1..........................................................           30
0.5........................................................           60
------------------------------------------------------------------------

    ii. If the milliliters of titrant are less than 5 mL or greater than
30 mL, reestimate the needed sample size and repeat the tests.
    5.2  Weigh the resin sample to the nearest 0.01 grams into a 250-mL
beaker. Record sample weight.
    5.3  Add 100 mL of the methanol/water mixture and stir on a magnetic
stirrer. Confirm that the resin has dissolved.
    5.4  Adjust the resin/solvent solution to pH 4.0, using the
prestandardized pH meter, 1.0 N hydrochloric acid, 0.1 N hydrochloric
acid, and 0.1 N sodium hydroxide.
    5.5  Add 50 mL of the hydroxylamine hydrochloride solution, measured
with a graduated cylinder. Start the timer.
    5.6  Stir for 5 minutes. Titrate to pH 4.0 with standardized 1.0 N
sodium hydroxide. Record the milliliters of titrant and the normality.

                             6. Calculations
[GRAPHIC] [TIFF OMITTED] TR01JN99.018

                    7. Method Precision and Accuracy

    Test values should conform to the following statistical precision:

Variance = 0.005
Standard deviation = 0.07
95% Confidence Interval, for a single determination = 0.2

                                8. Author

    This method was prepared by K.K. Tutin and M.L. Foster, Tacoma R&D
Laboratory, Georgia-Pacific Resins, Inc. (Principle written by R. R.
Conner.)

                              9. References

    9.1  GPAM 2221.2.
    9.2  PR&C TM 2.035.
    9.3  Project Report, Comparison of Free Formaldehyde Procedures,
January 1990, K. Tutin.

[[Page 629]]



                              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 631]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2014)

                      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 Guidance (Parts 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 632]]

       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 633]]

    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)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)

[[Page 634]]

    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 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)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)

[[Page 635]]

      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 636]]

        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 637]]

               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 638]]

                    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 639]]

                       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 640]]

        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 641]]

        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 642]]

      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 643]]

         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 644]]

                          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  U.S. 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 645]]

       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 646]]

         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 647]]

       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 648]]

        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 649]]

         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)

[[Page 651]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2014)

                                                  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 652]]

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 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
Customs and Border Protection                     19, I

[[Page 653]]

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
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99

[[Page 654]]

  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
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV

[[Page 655]]

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
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V

[[Page 656]]

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
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
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI

[[Page 657]]

  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 Royalty Board                         37, III
  U.S. Copyright Office                           37, II
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
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII

[[Page 658]]

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
Privacy 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
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Saint Lawrence Seaway Development Corporation     33, IV

[[Page 659]]

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
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II

[[Page 660]]

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 661]]



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, 2009 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.

                                  2009

40 CFR
                                                                   74 FR
                                                                    Page
Chapter I
Chapter I  Policy statement........................................66496
63.640  (a) introductory text, (b)(2), (c) introductory text, (6), 
        (7), (e) introductory text, (2)(iii), (f) introductory 
        text, (5), (h) introductory text, (1), (2), (4), (k)(1), 
        (2)(i), (ii), (iii), (l) introductory text, (2)(i) and (p) 
        revised; (c)(8) and (h)(6) added; (k)(2)(vi), (l)(2)(ii), 
        (3) introductory text, (i), (ii), (vi) and (vii) amended 
                                                                   55683
63.641  Amended....................................................55685
63.642  (k)(1) and (l)(2) revised..................................55685
63.644  (b) introductory text, (c)(1), (d) and (e) revised.........55685
63.645  (h)(2) revised.............................................55685
63.646  (b)(1) revised.............................................55685
63.650  (a) revised................................................55685
63.651  (a) and (c) revised........................................55685
63.652  (a), (e)(5) and (l)(1) revised; (f)(3) introductory text 
        and (g)(5)(ii)(B)(1) amended...............................55686
63.653  (a)(7), (b), (c), (d) introductory text, (2)(vii) 
        introductory text and (viii)(G) revised....................55686
63.654  Redesignated as 63.655; new 63.654 added...................55686
63.655  Redesignated as 63.656; new 63.655 redesignated from 
        63.654.....................................................55686
    (b) and (c) amended; (f)(1) introductory text, (g) 
introductory text and (8)(ii)(C) revised; (i)(4) redesignated as 
(i)(5); (f)(1)(vi), (g)(9) and new (i)(4) added....................55687
63.656  Redesignated from 63.655...................................55686
    (c)(1) amended.................................................55688
63.640--63.679 (Subpart CC)  Appendix amended......................55688

                                  2010

40 CFR
                                                                   75 FR
                                                                    Page
Chapter I
63.646  (j) and (k) correctly revised; eff. 7-30-10................37731
63.654  (f) introductory text corrected; eff. 7-30-10..............37731
63.655  (i)(1)(ii) correctly revised; eff. 7-30-10.................37731
63.640--63.679 (Subpart CC)  Appendix corrected....................37731

                                  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

[[Page 662]]

    (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
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
63.760  (a)(1) introductory text, (i), (iii), (2), (b)(1)(i), (f) 
        introductory text, (1) and (2) revised; (c), (f)(7), (8) 
        and (9) added; (g)(1) removed..............................49568
63.761  Amended....................................................49569
63.762  Revised....................................................49569
63.764  (e)(1) introductory text and (i) revised; (j) added........49570
63.765  (a), (b)(1), (c)(2) and (3) revised........................49570
63.766  (b)(3) added; (d) revised..................................49571
63.769  (b), (c) introductory text and (8) revised.................49571
63.771  (c)(1), (d) heading, (1)(i)(C), (ii), (iii), (4)(i), 
        (5)(i), (e)(2), (3) introductory text and (ii) revised; 
        (d) introductory text and (f) added........................49572

[[Page 663]]

63.772  (b) introductory text, (1)(ii), (2), (c)(6)(i), (e) 
        introductory text, (1)(i) through (v), (2), (3) 
        introductory text, (i)(B), (iv)(C)(1), (4) introductory 
        text, (i), (5), (f) introductory text, (2), (3), (g) 
        introductory text, (1), (2) introductory text, (iii) and 
        (3) revised; (d), (e)(3)(v), (vi), (f)(4), (5), (6), (h) 
        and (i) added..............................................49573
63.773  (b), (d)(1)(iii), (iv), (3)(i)(H) and (6)(vi) added; 
        (d)(1) introductory text, (ii), (2), (3)(i)(A), (D), (G), 
        (4), (5)(i), (ii)(A), (B), (C), (6) introductory text, 
        (ii), (iii) and (7) revised; (d)(8) and (9) removed........49578
63.774  (b)(3) introductory text, (4)(ii) introductory text and 
        (iii) revised; (b)(3)(ii) removed; (b)(4)(ii)(C), (7)(ix), 
        (g), (h) and (i) added.....................................49579
63.775  (b)(1), (6), (c)(1), (6), (7)(i), (d)(1)(i), (ii) 
        introductory text, (5)(ii), (11), (e)(2) introductory 
        text, (ii)(B) and (C) revised; (b)(7) removed; (d)(5)(iv), 
        (13), (14), (e)(2)(ii)(E), (F), (xi) through (xiv) and (g) 
        added......................................................49580
63.760--63.779 (Subpart HH)  Appendix amended......................49581

                                  2013

40 CFR
                                                                   78 FR
                                                                    Page
Chapter I
63.640  (a) introductory text, (c)(8), (h)(1) introductory text 
        and (h)(1)(ii) revised; (h)(1)(i) added; (h)(1)(iii) and 
        (iv) removed...............................................37145
63.641  Amended....................................................37146
63.654  (b), (c), (d) introductory text, (e), (f), (g) 
        introductory text and (4) revised..........................37146
63.655  (f)(1)(vi), (g)(9) and (i)(4) revised; (h)(7) added........37148

                                  2014

   (Regulations published from January 1, 2014, through July 1, 2014)

40 CFR
                                                                   79 FR
                                                                    Page
Chapter I
63.750  (o) revised................................................11284


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